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HomeMy WebLinkAboutAgenda Packets - 2020/01/13CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, January 13, 2020 6:30 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Mueller, Gunn, Hull, Meehlhause, Bergeron 4. APPROVAL OF AGENDA 5. CONSENT AGENDA A. Approval of Minutes: B. Just and Correct Claims C. Resolution 9216 NYFS 2020 Partnership Agreement D. Resolution 9217 Vacation Carryover Authorization E. Resolution 9223 Authorizing Aggie Quasabart to Attend the INCODE Conference 6. PUBLIC COMMENT Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 7. SPECIAL ORDER OF BUSINESS A. Resolution 9209, Appreciation to Dale Aukee for his Service on the Parks, Recreation and Forestry Commission B. Resolution 9211, Appreciation to Jerome Kunz for his Service on the Parks, Recreation and Forestry Commission 8. COUNCIL BUSINESS A. PUBLIC HEARING – Resolution 9212, Approving a Conditional Use Permit and Development Review for Tommy Car Wash, 2525 Mounds View Blvd B. PUBLIC HEARING and Second Reading and Summary Publication of Ordinance 970 Title 1100, Zoning Code. ROLL CALL VOTE C. Resolution 9213 Acceptance and Approving MPCA Zero Interest Loan fund Agreement for HOPP program D. Resolution 9202 Appointing Representatives for City Commissions and Other Organizations E. Ordinance 972, First Reading, Amending Title 1200, Chapters 1201, 1202, 1203, and 1205 of the Mounds View Code F. Resolution 9219, Approving Labor Agreement with Public Works for Calendar Years 2020-2022. G. Resolution 9222, Promotion of Sergeant Ben Zender to Deputy Police Chief H. Resolution 9224, Hour Threshold and Pay Adjustment for Barb Benesch I. Resolution 9225, Approving Revised Job Description for Public Works Arborist – Forestry and Parks Maintenance 9. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 10. NEXT COUNCIL WORK SESSION: Monday, February 3, 2020 NEXT COUNCIL MEETING: Monday, January 27, 2020 11. ADJOURNMENT PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Special Meeting 5 January 6, 2020 6 Mounds View City Hall 7 2401 Mounds View Boulevard, Mounds View, MN 55112 8 6:30 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, January 6, 2020, City Council Agenda. 21 22 MOTION/SECOND: Gunn/Hull. To Approve the Monday, January 6, 2020, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. CONSENT AGENDA 28 A. Approval of Minutes: December 9, 2019 29 December 30, 2019 Special 30 B. Resolution 9215, Master Subscribe Agreement for HJ Law. 31 C. Resolution 9218, Sergeant Promotion Officer Brian Schultes. 32 33 MOTION/SECOND: Meehlhause/Bergeron. To Approve the Consent Agenda as presented. 34 35 Ayes – 5 Nays – 0 Motion carried. 36 37 6. COUNCIL BUSINESS 38 A. Resolution 9199, Selection of the Acting Mayor, Treasurer and Official 39 Newspaper and Depositories for 2020. 40 41 City Administrator Zikmund requested the Council select an Acting Mayor, Treasurer, official 42 newspaper and depository for 2020. He reported the Sun Focus would no longer be providing 43 coverage in New Brighton and Mounds View. He explained the White Bear Press was interested 44 in serving the City of Mounds View but did not have the financial resources to complete this task 45 Mounds View City Council January 6, 2020 Special Meeting Page 2 as of yet. 1 2 Council Member Meehlhause supported Council Member Gunn continuing her service as the 3 Acting Mayor for 2020. 4 5 Council Member Gunn recommended Council Member Hull serve as the Acting Mayor for 2020. 6 The Council supported this nomination. 7 8 Mayor Mueller thanked Council Member Gunn for her service as Acting Mayor in 2019. 9 10 MOTION/SECOND: Gunn/Bergeron. To Appoint Council Member Al Hull as Acting Mayor 11 for 2020. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 Mayor Mueller questioned which newspaper the Council would like to select as the City’s 16 official newspaper for 2020. 17 18 Council Member Gunn recommended the Pioneer Press be the secondary newspaper for the City 19 given their overall coverage of the City. 20 21 Council Member Hull suggested the Shoreview Press serve as the City’s primary newspaper for 22 2020. 23 24 MOTION/SECOND: Gunn/Hull. To Select the Shoreview Press as the City’s Primary 25 Newspaper for 2020 with the Secondary Newspaper being the Pioneer Press. 26 27 Council Member Meehlhause asked if selecting a primary and secondary newspaper was a State 28 requirement. City Attorney Riggs reported this was the case. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 9199, 33 Selection of the Acting Mayor, Treasurer and Official Newspaper and Depositories for 2020. 34 35 Ayes – 5 Nays – 0 Motion carried. 36 37 B. Take from the Table – Resolution 9200, Approving Various Appointments to 38 the City of Mounds View Boards, Commissions and Committees – TABLED 39 at 12/9/19 Meeting. 40 41 MOTION/SECOND: Meehlhause/Gunn. To Remove this Item from the Table. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council January 6, 2020 Special Meeting Page 3 City Administrator Zikmund requested the Council consider various appointments to the City’s 1 boards, commissions and committees. He noted the Council previously discussed this matter on 2 December 30th and tabled action to this meeting in order to allow staff to speak with several of 3 the candidates. 4 5 Mayor Mueller reported the Federal Government was seeking assistance with the 2020 Census if 6 residents had additional time in their schedule to assist with this task. She noted a minor typo on 7 Resolution 9200 and requested staff to make the change. 8 9 MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 9200, 10 Approving Various Appointments to the City of Mounds View Boards, Commissions and 11 Committees. 12 13 Mayor Mueller thanked all of the residents who had applied to serve on the City’s Boards, 14 Committees and Commissions. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 7. Next Council Work Session: Immediately Following This Meeting 19 Next Council Meeting: Monday, January 13, 2020, at 6:30 p.m. 20 21 8. ADJOURNMENT 22 23 The meeting was adjourned at 6:48 p.m. 24 25 Transcribed by: 26 27 Heidi Guenther 28 Minute Maker Secretarial 29 The Mounds View Vision A Thriving Desirable Community Item No: 05C Meeting Date January 13, 2020 Type of Business: Consent Agenda City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Resolution 9216, Approving Partnership with Northeast Youth and Family Services Introduction: Since at least 2002, Mounds View has been a strong partner with Northeast Youth and Family Services (NYFS) in providing Mental Health and Youth Diversion services in a highly effective and cost efficient manner. Discussion: Council is aware the board of NYFS includes elected city officials and the combination of our long relationship and direct involvement, Council is very familiar with the operation and services provided. Due to reductions in the Mental Health counseling services, revenues have decrease and as a result, this year’s contract includes a 6.8% increase which is the highest in five years. However, the total dollar increase is approximately $1,400 or $22,779 as compared to $21,329 for 2019 Strategic Plan Strategy/Goal: Increase community engagement while being sensitive to the changing demographics & their needs and inclusive to all socioeconomic situations Financial Impact: The agreement is consistent with the 2020 adopted budget. Recommendation: Staff recommends the Council adopt resolution 9216. Respectfully submitted, Nyle Zikmund The Mounds View Vision A Thriving Desirable Community RESOLUTION NO. 9216 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING PARTNERSHIP AGREEMENT WITH NORTHEAST YOUTH AND FAMILY SERVICES FOR 2020 CALENDAR YEAR WHEREAS, the City of Mounds View has been partnering with Northeast Youth and Family Services (NYFS) since at least 2002; and WHEREAS, NYFS provides highly effective and cost efficient mental health and youth diversion services; and WHEREAS, the NYFS board includes representatives from the partnership cities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View authorizes expenditure of $22,779 and enter into a partnership agreement for calendar year 2020. Adopted this 13th Day of January, 2020. _______________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ Nyle Zikmund, City Administrator (seal) The Mounds View Vision A Thriving Desirable Community Item No: 05D Meeting Date January 13, 2020 Type of Business: Consent Agenda City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Resolution 9217, Vacation carry over for Don Peterson and Nate Garland Introduction: Mounds View has adopted policy that includes a vacation earnings formula based on years of service, vacation usage, and language addressing carry over. Discussion: Due to extenuating circumstances, two employees have exceeded their carryover threshold and have requested a 6 month (June 30, 2020) deadline by which to use the excess; Don Peterson (40 hours) and Nate Garland (60.5 hours). Staff has reviewed the situation and recommends approval and the HR Committee comprised of Councilmembers Hull and Meehlhause recommend approval. Strategic Plan Strategy/Goal: Implement HR policies to recruit and retain staff and provide growth opportunities by making salaries competitive and creating an enjoyable working environment. Financial Impact: None. Recommendation: Staff recommends the Council adopt resolution 9217. Respectfully submitted, Nyle Zikmund The Mounds View Vision A Thriving Desirable Community RESOLUTION NO. 9217 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING VACATION CARRYOVER EXTENSION FOR DON PETERSON AND NATE GARLAND WHEREAS, the City of Mounds View has clear policy on vacation awarded, accumulated and limits on carryover; and WHEREAS, two employees have excess vacation to carryover by policy and have requested an 6 month extension to use; and WHEREAS, both employees are highly valued members of our team and extenuating circumstances caused the situation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View authorizes a 6 month extension to Don Peterson to use the excess 40 hours of vacation by June 30, 2020 and for Nate Garland to use the excess 60.5 hours by June 30, 2020. Adopted this 13th Day of January, 2020. _______________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ Nyle Zikmund, City Administrator (seal) Item No: 5.E. Meeting Date: January 13, 2020 Type of Business: Council Consent Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 9223 Authorizing Aggie Quasabart to Attend the INCODE Conference The City utilizes INCODE software for the City’s financial software. Aggie will benefit from the in depth training and networking opportunities as we are in the process of evaluating upgrading to Incode 10. This version will provide more opportunities for self-service by residents and businesses and employees. It would be very beneficial to further Aggie’s training and enable her to gain additional knowledge on the functions and features available within the software. We have received favorable feedback from other Cities whose staff have attended this conference and Kerry Kane attended in 2019 and said it elevated her understanding and insights of the software. This has been a budgeted item for several years but staff schedules have not provided for an opportunity to go. The INCODE conference is in Orlando, FL and the dates are April 26-29. Early registration will save $275. The conference, hotel, and travel costs will be approximately $2,700 and have been budgeted in the water and sanitary sewer funds. Staff recommends that the Council authorize Aggie Quasabart to attend the conference. Respectfully Submitted, ____________________ Mark Beer RESOLUTION NO. 9223 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING AGGIE QUASABART TO ATTEND THE INCODE CONFERENCE WHEREAS, the City receives benefits when staff attend educational and training conferences; and WHEREAS, City policy requires City Council authorization for out-of-state travel; and WHEREAS, the City is considering an upgrade to the accounting software that will provide for more self-service for residents, businesses, and staff; and WHEREAS, this conference will provide in-depth training in all aspects of the accountants job; and WHEREAS, this training and travel has been budgeted for in the water and sanitary sewer funds with an estimated cost of $2,700. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View that Aggie Quasabart is authorized to attend the INCODE Conference in Orlando, Florida on April 26-29. Adopted this 13th day of January, 2020. Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, City Administrator SEAL RESOLUTION NO. 9209 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF APPRECIATION TO DALE AUKEE FOR HIS SERVICE ON THE PARKS, RECREATION AND FORESTRY COMMISSION WHEREAS, Dale Aukee has served on the Parks, Recreation and Forestry Commission since May 10, 2004; and WHEREAS, Mr. Aukee has served on the Park, Recreation and Forestry Commission with interest and dedication; and WHEREAS, Mr. Aukee has gained the respect and gratitude of those who have had the privilege of working with him on the Commission; NOW, THEREFORE, BE IT RESOLVED that the City Council, on behalf of the residents of the City of Mounds View, expresses its appreciation to Dale Aukee for his dedicated and devoted service on the Mounds View Parks, Recreation, and Forestry Commission. Adopted this 13th day of January, 2020. Mayor Carol A. Mueller ______________________________ ______________________________ Councilmember Sherry Gunn Councilmember Al Hull ______________________________ ______________________________ Councilmember Bill Bergeron Councilmember Gary Meehlhause ATTEST: (SEAL) ____________________________ City Administrator Zikmund RESOLUTION NO. 9211 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF APPRECIATION TO JEROME KUNZ FOR HIS SERVICE ON THE PARKS, RECREATION AND FORESTRY COMMISSION WHEREAS, Jerome Kunz has served on the Parks, Recreation and Forestry Commission since January 14, 2002; and WHEREAS, Mr. Kunz has served on the Park, Recreation and Forestry Commission with interest and dedication; and WHEREAS, Mr. Kunz has gained the respect and gratitude of those who have had the privilege of working with him on the Commission; NOW, THEREFORE, BE IT RESOLVED that the City Council, on behalf of the residents of the City of Mounds View, expresses its appreciation to Jerome Kunz for his dedicated and devoted service on the Mounds View Parks, Recreation and Forestry Commission. Adopted this 13th day of January, 2020. Mayor Carol A. Mueller ______________________________ ______________________________ Councilmember Sherry Gunn Councilmember Al Hull ______________________________ ______________________________ Councilmember Bill Bergeron Councilmember Gary Meehlhause ATTEST: (SEAL) ____________________________ City Administrator Zikmund Item No: 08A Meeting Date: Jan 13, 2020 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jon Sevald, Community Development Director Item Title/Subject: PUBLIC HEARING – Resolution 9212, Approving a Conditional Use Permit and Development Review for Tommy Car Wash, 2525 Mounds View Blvd Introduction: Paces Lodging Corporation (PLC Holdings, LLC) is proposing to build and operate a Tommy Car Wash at 2525 Mounds View Boulevard, located on the northeast corner of Mounds View Boulevard and Long Lake Road. The property was formerly a gas station and car wash (1962 – 2005), and Snyder’s Drug Store (2005 – 2010). The property has been vacant since Snyder’s closed. Discussion: Paces Lodging Corp, based in Fargo, ND, is a commercial and residential developer, builder, and property manager. Paces operates a Tommy Car wash in New Hope (2019), and is building one in Rochester (2020). Tommy Car wash, based in Holland, MI, is a franchise with over 40 locations in multiple states. The Mounds View facility will be a “Tommy’s Express” (car wash only), whereas New Hope includes a gas station and car wash. The car wash will be open Monday – Saturday, 8:00 AM – 9;00 PM, and Sundays, 9:00 AM – 6:00 PM. Customers will order their wash at a drive-up teller, then enter the automated wash tunnel. The wash tunnel is a 90-second process, and can handle up to 40 vehicles per hour. Vacuum stations will be located north of the building. Analysis Plans were submitted to the City on November 4, 2019, with the most recent plans (landscaping) dated December 16, 2019. Plans were distributed to applicable Staff and agencies. The property is zoned B-3 Highway Business. A car wash is a conditional use (CUP) within this district.1 As a CUP, the car wash can be permitted if meeting specific criteria 2 and with conditions. For simplicity, these criteria have been merged with the criteria for the Development Review. 1 City Code, Section 1114.04, Subd 2 (Car washes). 2 City Code, Section 1114.04, Subd 2 (Car Washes (drive through, mechanical, and self-service) Item 08A Page 2 of 10 The Mounds View Vision A Thriving Desirable Community A Development Review is required for new building construction and building additions of 10%, or 10,000 sq ft.3 A Development Review compares the proposed plan to the requirements of the City Code (below): Utility Service Water is available from both Bronson Drive, and Long Lake Road. Sewer is available from Long Lake Road. Surface Water Drainage A preliminary grading and drainage plan has been reviewed by RCWD and the City Engineer. Storm water will be stored in the existing underground chamber in the SE corner of the property. The existing use (Snyder’s) additionally used an infiltration basin located at the Public Works Facility. More detailed plans will be reviewed by RCWD as part of their permitting process, including if the basin on the City’s land is necessary. The project will reduce the existing impervious surface area from 75% of the lot, to 62% (5,368 sq ft reduction). There will be no significant change in topography. Erosion Control Erosion control during construction will be addressed as part of the Building Permit. Streets No new streets are proposed. Driveways 4 5 A 28’ driveway on Bronson Drive is proposed (32’ = maximum allowed). Existing driveway on Mounds View Blvd will be removed. Specific to car washes, the drive lane to enter the car wash (magazine stacking) is to accommodate the maximum number of cars that can be washed within a 30 minute period. The applicant states that one vehicle can enter the wash every 1.5 minutes (20 vehicles per 30 minutes6). The magazine stacking is designed for 30 vehicles. Trails There is an existing trail along Mounds View Blvd. No changes are proposed. There is no sidewalk on the east side of Long Lake Road, and none are proposed (would not connect to anything). 3 City Code, Section 1006.06, Subd 2 (Application of Development Controls) 4 City Code, Section 1121.09, Subd 5(b) (Curb Cut Widths). 5 City Code, Section 1114.04, Subd 2(b) (Car Washes – Magazining or stacking space). 6 Email from Tanner Brandt (Paces Lodging Corporation) to Jon Sevald (City of Mounds View), Nov 4, 2019. Item 08A Page 3 of 10 The Mounds View Vision A Thriving Desirable Community Parking 7 Min Guideline 8 Proposed 10 6 Landscaping9 10 11 Min Required Proposed Overstory deciduous tree, 2¼” cal. 2 3 Coniferous tree, 6’ ht. 4 12 4 Shrubs, 24” dia. 30 13 66 Ornamental tree, 2” cal. 4 4 Screening & Buffering 14 The nearest homes are about 200’ – 300’ northeast, along Bronson Dr. These homes are screened by the wooded area on the Sunrise Church property, and by a tree line along the western edge of Public Works. The developer will plant additional trees along Bronson Dr. At the Planning Commission’s recommendation, the developer has added a hedge along the south drive lane, intending to screen customer’s headlights from westbound traffic on Mounds View Blvd. Staff has requested, and the developer has agreed to install a privacy fence along the eastern property line, with the intention of screening customer’s headlights from shining into the neighboring Public Works offices. The fence will be similar or identical to the decorative fence at the Public Works facility. Lighting 15 Exterior lighting shall be hooded to control glare. Maximum light trespass is as follows: 7 City Code, Section 1121.13 (Schedule of Off-Street Parking Requirements; Car wash); “Automatic drive through, serviced: A minimum of ten (10) spaces, or one (1) space for each employee on the maximum shift, whichever is greater.” The planned maximum shift = 3 employees. 8 City Code, Section 1129.05, Subd 4 (County Road 10 Corridor Overlay District; Off-Street Parking); “Off- Street Parking: The City will use the off-street parking requirements in Chapter 1121.13 as a guideline, and base the final determination of required spaces on the specific project and land usage.” 9 City Code, Section 1127.05, Subd 3 (Number of plant materials required) 10 City Code, Section 1129.05, Subd 5(b) (County Road 10 Corridor Overlay District; Landscaping); “A minimum of fifteen (15) percent of the total area of each lot shall be devoted to landscaped open space.” 37.7% is proposed. 11 NOTE: City Code, Section 1121.09, Subd 12 (Required Screening), requires screening if 5+ parking spaces, and adjacent to residential districts (e.g. north side of Bronson Dr). In staff’s opinion, this is not necessary, because adjacent residential use is wooded area. 12 City Code, Section 1127.05, Subd 3(b); “One (1) coniferous tree for every two thousand (2,000) square feet of building or one (1) coniferous tree for every two hundred (200) feet of site perimeter, whichever is greater.” e.g.4,482 sq ft / 2,000 sq ft = 2 trees, or 897 site perimeter / 200’ = 4 trees. 13 City Code, Section 1127.05, Subd 3(c); “One (1) understory shrub for every three hundred (300) square feet of building or one (1) shrub for every thirty feet (30’) of site perimeter, whichever is greater.” e.g. 4,482 / 300 = 15, or 897 / 30’ = 30 shrubs. 14 City Code, Section 1114.04, Subd 2(a) (Car Washes) 15 City Code, Section 1103.09 (Glare) Item 08A Page 4 of 10 The Mounds View Vision A Thriving Desirable Community Max fc Proposed fc At Centerline of Street 1.0 fc 0.2 fc At Residential Property Line 0.4 fc <0.4 fc Setbacks Building Min Proposed North (Bronson Dr) 30’ 55’ (approx.) East 10’ 20’ (approx.) South (Mounds View Blvd) 5’ 16 45’ (approx.) West (Long Lake Rd) 30’ 65’ (approx.) Parking/Driveway Min Proposed North (Bronson Dr) 30’ 10’ East 5’ ? South (Mounds View Blvd) 5’ 11’ West (Long Lake Rd) 30’ ? The Site Plan (Dec 11, 2019) does not include setback dimensions, but appears to meet or exceed all minimum setbacks. The Site Plan will be amended to show this detail. Within the County Road 10 Corridor Overlay District, buildings are suggested to have a maximum setback of 5’ from the property line along Mounds View Blvd. For this use (car wash), this is not practical, unless the building layout were flipped, and both the magazine/stacking lanes and the vacuum area were located north of the building along Bronson Dr. Exterior Design 17 18 The building will follow a franchise design. The dominate material is metal panels and glass. Accent materials include fiber cement panels, and split faced concrete block. At least 50% of each side of the building must consist of the materials below. The remaining 50% may consist of the same, or rock faced block, concrete panels, metal or wood. North East South West Brick 0% 0% 0% 0% Natural stone or cultured stone 0% 0% 0% 0% Glass 66% 0% 46% 0% Masonry stucco 8% 8% 10% 7% Other comparable 25% 92% 44% 93% TOTAL 99% 100% 100% 100% 16 City Code, Section 1129.05, Subd 3 (County Road 10 Corridor Overlay District); “Building and Parking Setback Requirements: Buildings and parking lots should have no more than a five (5) foot setback from County Road 10. The required setbacks for the other sides of the property will be determined by the City, based on the specific project and land usage.” 17 City Code, Section 1114.04, Sbud 2(a) (Car Washes – Architectural Appearance) 18 City Code, Section 1129.05, Subd 1 (Construction Materials) Item 08A Page 5 of 10 The Mounds View Vision A Thriving Desirable Community The intent of the City Code is that each side of buildings use acceptable materials, vs. one-sided architecture. The proposed building is elongated. The long sides of the building are primarily glass. The short sides of the building (e.g. wash tunnel entrance and exit) are primarily metal paneling. The Mounds View Blvd. side of the building will be accented by two towers, consisting of metal paneling. During the Planning Commission’s discussion, the Commission found the metal paneling to be similar in character to the neighboring Public Works offices (corrugated metal siding), and is supportive of the metal paneling as “other comparable or superior materials”. Signage Signage will be reviewed at the time a sign permit is submitted. Trash Disposal Located in east side-yard. Because the lot is a triple- frontage lot (three front yards), it is very limited where the dumpster can go, unless located inside the building. Construction Timetable Tentatively spring 2020 – late fall 2020. Strategic Plan Strategy/Goal: Create and maintain a positive business climate where businesses want to locate and remain in Mounds View. Financial Impact: N/A Planning Commission Recommendation: The Planning Commission approved Resolution 1111-19, recommending approval of the Conditional Use Permit, and Development Review. Staff Recommendation: Staff recommends approval of Resolution 9212, Approving a Conditional Use Permit and Development Review for Tommy Car Wash. A Public Hearing notice for the Conditional Use Permit was published by the Shoreview Press on December 24, 2019, and mailed to property owners within 350’ of the subject property. The City Council is requested to conduct a Public Hearing and consider the following options: Item 08A Page 6 of 10 The Mounds View Vision A Thriving Desirable Community 1. Approve Resolution 9212, approving the CUP/Development Review. 2. Deny the CUP/Development Review, with Findings. If the Council chooses this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can move to table the request until such information has been provided. Because of the 60-day requirements (Deadline: February 11, 2020) the Council would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully, Jon Sevald, AICP Community Development Director ATTACHMENTS 1. Zoning Map 2. Aerial Map 3. Site Photos 4. Elevation Examples 5. Resolution 9212 6. Drawings Item 08A Page 7 of 10 The Mounds View Vision A Thriving Desirable Community Zoning Map Item 08A Page 8 of 10 The Mounds View Vision A Thriving Desirable Community Aerial Map Item 08A Page 9 of 10 The Mounds View Vision A Thriving Desirable Community Site Photos SW corner of project; Mounds View Blvd, & Long Lake Rd, looking east (Dec 12, 2019). NW corner of project, Bronson Dr & Long Lake Rd, looking east-southeast (Dec 12, 2019). Item 08A Page 10 of 10 The Mounds View Vision A Thriving Desirable Community Elevation Examples RESOLUTION 9212 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CAR WASH, AND A DEVELOPMENT REVIEW FOR TOMMY CAR WASH, TO BE LOCCATED AT 2525 MOUNDS VIEW BOULEVARD (PLANNING CASE MU2019-002) WHEREAS, the applicant; PLC Holdings, LLC, with consent of the landowner; C&H Developments (U.S), Inc. is requesting approval of a Conditional Use Permit and Development Review for a car wash on property legally described as: PID: 08-30-23-22-0039 All that part of the West 254 feet of the South 15 acres of the Northwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, Ramsey County, Minnesota, lying Northeasterly of State Trunk Highway No. 10, except the North 30 feet thereof, according to the United States Government Survey thereof. WHEREAS, the property is zoned B-3 Highway Business, and is within the County Road 10 Corridor Overlay District. Within the B-3 District, Car Washes are a Conditional Use; and, WHEREAS, with exceptions, all new construction and expansions of existing construction activity that increases the gross square footage of the principal building by 10,000 square feet or more, or by 10% or more, shall be reviewed by the Planning and Zoning Commission, and approved by the City Council. The proposed project is new construction, requiring a Development Review; and, WHEREAS, the applicant submitted plans to the City, most current: Existing Topography (undated, received November 22, 2019) Landscape Plan December 16, 2019 Preliminary Site Lighting Plan (undated, received December 3, 2019) Exterior Elevations (undated, received December 3, 2019) Site Plan December 10, 2019 Preliminary Grading & Drainage Plan December 11, 2019 Preliminary Storm Water Management Plan December 11, 2019 Resolution 9212 Page 2 of 5 WHEREAS, Staff distributed plans, most recently dated December 10, 2019, to applicable departments and agencies for review, receiving written comments from: Joe Lux, Ramsey County Public Works November 8, 2019 Kelsey White, Rice Creek Watershed District November 8, 20019, December 5, 2019 Nick Henly, Mounds View December 12, 2019 Charlie Smith, SBM Fire Department December 12, 2019 Tyler McLeete, Stantec December 12, 2019 These comments have been incorporated into the Conditions of Approval, as appropriate; and, WHEREAS, the Mounds View Planning Commission reviewed the request on December 18, 2019, approving Resolution 1111-19, recommending approval with conditions; and, WHEREAS, the Mounds View City Council conducted a duly noticed Public Hearing on January 13, 2020; and, WHEREAS, the Mounds View City Council has reviewed the Staff Report, submitted plans, and has compared the request to City Code, Section 1125.01, subd 3 (Criteria for Granting Conditional Use Permits), and in consideration of public testimony, makes the following Findings of Facts (italics): 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. Finding: The proposed car wash will not create an excessive burden on existing public facilities and utilities; 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. Finding: The adjacent land to the north is residentially zoned, and consists of a church, wetland, and wooded area. The nearest homes back up to Bronson Drive, and are over 200’ away, and screened by existing wooded areas on residential and church property, and a tree line on City Property (Public Works Facility). The car wash should have no effect on area property values. 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Finding: The appearance of the structure and site should have no effect upon adjacent residential properties. Resolution 9212 Page 3 of 5 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Finding: There are four car washes in Mounds View, the most recent built in 2009 (The Station). It is the City’s opinion that if the applicant has studied the local market, with confidence that the proposed car was will be supported by local residents, and the traveling public, then this use is reasonable. 5. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Finding: The use is consistent with the Zoning Code, and the B-3 Highway Business district. 6. The use is not in conflict with the Comprehensive Plan of the City. Finding: The property is guided Highway Commercial in the Comprehensive Plan (2008). This use is defined as “Land use principally engaged in the provision of goods and services that primarily services customers attracted from a nearby major transportation route. Examples include hotels/motels, drive-in/fast food restaurants, car washes, gas stations, automotive service stations.” The proposed car wash is consistent with this guided land use. 7. The use will not cause traffic hazards or congestion. Finding: Traffic will access the property from Bronson Drive, a local street. It is most likely that customers will access Bronson Drive from Long Lake Road. This is similar to the previous land use (Snyder’s Drug Store) 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Finding: There are adequate sewer/water utilities. Drainage plans will be reviewed by Rice Creek Watershed District and the City, during the building permit review. The applicant proposes to decrease the amount of impervious surface area. WHEREAS, in permitting a conditional use, the City Council may impose additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions are as follows: 1. The car wash shall not operate between 10:00 PM and 7:00 AM. Resolution 9212 Page 4 of 5 2. The applicant will amend the Site Plan (Dec 10, 2019) to show all setback dimensions complying with City Code requirements, and approved administratively by Staff as part of the Building Permit review. 3. The applicant will submit a survey as part of the Building Permit. If the survey is substantially different than the plans associated with this Resolution (e.g. if there are roadway easements within the property), Staff may require an amendment to this Resolution in consideration of greater setbacks, and/or landscape buffers. 4. Prior to the issuance of any building permits, the applicant shall submit a Landscape Escrow to the City, or other surety acceptable to the City Attorney, in an amount equal to 150% of the estimated cost of landscape materials and labor, and the privacy fence. The City may hold this in a non-interest bearing account. Landscaping shall be completed prior to a Certificate of Occupancy (C/O) being issued. On or about one year after the C/O is issued and landscaping is completed, landscaping shall be inspected by Staff. Any landscaping that has not survived or is in poor health, shall be replaced by the applicant. The City shall refund the escrow, but may withhold a proportionate amount until one- year after the replaced landscape materials have been inspected and determined satisfactory; and, 5. The applicant shall install a buffer to screen customer’s headlights from oncoming traffic, and from the adjacent Public Works offices. Screening shall consist of: A. Evergreen shrub row, 3’ – 4’ in height, primarily along the south and southeast drive lanes. B. Six-foot privacy fence, primarily along the eastern property line. The fence shall be similar to the decretive solid fence at Public Works. Such buffers are shown on the Landscape Plan, dated December 16, 2019. The exact location of buffers may be approved administratively, after the building is built. 6. All signage shall comply with the City Code, and will be reviewed separately at the time sign permits are submitted. 7. The project shall be constructed consistent with plans associated with this Resolution, or as administratively approved by Staff. 8. The applicant shall comply with the City Engineer’s letter, dated December 12, 2019, including obtaining all necessary permits from the City, Ramsey County, Rice Creek Watershed District, and Minnesota Department of Health. This includes the removal of the driveway on Mounds View Boulevard. Resolution 9212 Page 5 of 5 Adopted this 13th Day of January, 2020. Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, City Administrator (SEAL) Catch Basin rim=908.50 Catch Basin rim=908.02 Sign Sign E Electric Manhole rim=911.75 911.6 912.0 911.9 E Elec. Meter 910.0 SignServ 912.0 Hydrant 911.6 912.0 SignSign Catch Basin rim=909.86 910.9 911.2 911.7 fdc Sign 912.03 Tccb " 908.3 Sign G Gas Meter911.8 E Elec. Meter " 910.3" 910.6 " 911.1 Sign Sign 911.9911.9911.8 911.0 910.1910.6 911.0 " 909.7 " 909.4 " 909.1 " 909.3 E Elec. Box 912.0 911.9 911.3 910.9 911.0 911.8 Catch Basin rim=906.10 W wmh rim=907.55 FFE 911.9 45.38.0 8.08.0 8.00.71.01.00.7 24.20.3 3.31.0 8.00.7 28.00.7 8.12.9 15.11 0 . 5 4.0 4.08.2 0.730.7 0.78.08.00.732.70.78.00.749.3Sign N 00°47'30" W 288.36Sign petro pipeline water valve water valve N 5 0 ° 0 9 ' 3 0 " W 2 8 7 . 2 6N 00°47'30" W 103.52N 89°47'36" E 218.01 9109 1 0 9 1 2 912 912910912908 906908912914 912 conc. conc. conc. conc. conc.conc. conc. ov e r h a n gconcrete curbconcrete curbconcrete curbconcrete curbconcrete curbconcrete curbback of curb on property lineTrash Enclosure B i t u m i n o u s S u r f a c e B i t u m i n o u s S u r f a c eC o n c r e t eBRONSON DRIVE LONG LAKE ROADC O U N T Y H I G H W A Y 10Edge of bitum inous roadway B i t u m i n o u s P a t h B i t u m i n o u s P a t hC o n c r e t e10,758 Pervious37.738.430.6 59.5petro pipeline O v e r h e a d W i r e s NORTH LINE OF THE SOUTH 15 ACRES OF THE NW 1/4 OF THE NW 1/4 OF SEC. 8 WEST LINE OF THE NW 1/4 OF THE NW 1/4 OF SEC. 8, TWP. 30, R. 23NORTH LINE OF CO. STATE A ID H IGHWAY No. 10 254.00 30.0036 36.00EAST LINE OF LONG LAKE ROAD PER COUNTY MAPSRoad & Utility Easement per doc. no. 2752953 1010Permanent Easement per doc. no. 27529573 Hydrant CREATED PER DOC. No. 1326463water valve water valve water valve Mag Nail 19.0 19.0 23.4 Denotes Building Height to adjacent ground 12" RC P Irrigation valve Overflow Structure Vault Semaphore Mag Nail Mag Nail 4012" DIP Watermain 8" Sanitary Sewer6" PVC San.12" RC P UNDERGROUND STORM CHAMBER18" RC P15" Stormpossi b l e w a t e r l i n e a s s h o w n o n p l a n s 4595 4,505 s.f. 463 s.f. 1,195 s.f. .98 s.f. 42,715 s.f. 25.1% Pervious 31,957 Impervious 74.8% Impervious SITE PLAN SHEET DESCRIPTION:SheetREVISIONS:CHECKED BY:PROJECT NO:DRAWN BY:DATE:C1.1FAX (701) 281-9501FAX (701) 281-9501PH. (701) 499-0212FARGO, ND 58104SUITE 2004265 45TH ST. SOUTHPH. (701) 281-9500DESIGN RESOURCES GROUPCOPYRIGHT C DESIGN RESOURCES GROUPMOUNDS VIEW, MN 2525 MOUNDS VIEW BLVD TOMMY WASHMOUNDS VIEW BLVDBRONSON DRLONG LAKE ROAD HydrantMag NailMag NailMag NailSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACK SETBACK SETBACK SETBACK SETBACK SETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKMag NailFPPROPOSEDCARWASH30 CARSTACKINGSPACES16,126 S.F. Pervious.98 s.f.42,715 s.f.37.7% Pervious26,589 Impervious62.2% ImperviousSITE PLANEXISTING BIKE TRAIL PROPOSEDCARWASHEXISTING BIKE TRAIL16KABCDEFGHJ15141312111098765432116151413121110987654321KABCDEFHJSHEET DESCRIPTION:SheetREVISIONS:CHECKED BY:PROJECT NO:DRAWN BY:DATE:COPYRIGHT C MEDNATIONALGMOUNDSVIEW, MN 2525 MOUNDS VIEW BLVDFAX (701) 281-9501FARGO, ND 58104SUITE 2004265 45TH STREET SOUTHPH. (701) 281-9500TOMMY MOUNDSVIEWL1.1FAX (701) 281-9501PH. (701) 499-0212DESIGN RESOURCES GROUPMOUNDS VIEW BLVDBRONSON DRLONG LAKE ROAD S:\Premier Wash Systems\Site Plans & Supporting Docs\Minnesota\2525 Mounds View\Tommy Moundsview Landscaping 12-16-19.dwg Page 1Exterior Material SelectionsTommy’s Express ModelConfidential Warning: This sheet contains and constitutes confidential information, images and trade secrets of Tommy Car Wash Systems. Any unauthorized use or disclosure of any portion therof, is strictly prohibited. This work is the exclusive property of Tommy Car Wash Systems. All rights reserved.DKMGBDDADHFCJDELNABCDDDEFGHIJKLMNTowers: Dri-Design Panel - 30” x 30“ - Cardinal Red - RAL 3001http://www.dri-design.com/products/painted-aluminum/#sizesRibbed Panel: ATAS 7.2 - Silversmithhttp://www.atas.com/products/walls/exposed-fastener/atas-belvedere-rib-panel#ProductInfoRibbed Panel Trim: ATAS Flat Sheet - Blackhttp://www.atas.com/products/colorsParapet Cap: Reynolux - Bright Silver Metallichttps://www.alcoa.com/aap/north_america/en/product.asp?cat_id=917&prod_id=1537Fascia: Silver ACM N/ADownspout Covers: Silver ACMN/ACar Wash Ends (Upper): Laminators Omega Series - Sunset Redhttp://www.laminatorsinc.com/sites/www.laminatorsinc.com/files/pdf/laminators_architectural_colors_sept8_2016.pdfCar Wash Ends (Lower): Citadel Glaze Guard - Ebony (Series F)https://www.citadelap.com/finishes/series-fCar Wash Ends (Aluminum Caps): Tubelite 200 Series Curtain Wall - Clear Anodizedhttps://www.tubeliteinc.com/200-series-curtainwall/Dry Backroom: Nichiha Panel - Architectural Block - Gray - RAL 7044 http://www.nichiha.com/products/detail/architecturalblockSteel: RAL3001 *Interior Steel Not Shown*http://www.ralcolor.com/Roof: Acrylic - 8mm ACRYLITE Heatstop - Cool Bluehttps://www.acrylite.net/sites/lists/PM/DocumentsAP/8mm-acrylite-heatstop-hi-ds-tech-jan2013.pdfMasonry - Consumer’s 4” Split Faced Block - Ashhttp://www.consumersconcrete.com/split_face.htmlVacuums & Balls: Redhttp://shop.tommycarwash.com/Tommy-Store/Vacuum-and-VendingDry Backroom Parapet: Lektron LED Linear Light - Leon - Redhttp://www.lektroninc.com/leon/Pay Canopy: Black ACMN/A Page 2 Back Elevation Front Elevation A A D D I B B C C K K B C J J D D D D H H M 130’ Tunnel | 3 Pay Lanes Confidential Warning: This sheet contains and constitutes confidential information, images and trade secrets of Tommy Car Wash Systems. Any unauthorized use or disclosure of any portion therof, is strictly prohibited. This work is the exclusive property of Tommy Car Wash Systems. All rights reserved. Exterior Material Selections Tommy’s Express Model K K Page 3 Entry Elevation Entry End Elevation Confidential Warning: This sheet contains and constitutes confidential information, images and trade secrets of Tommy Car Wash Systems. Any unauthorized use or disclosure of any portion therof, is strictly prohibited. This work is the exclusive property of Tommy Car Wash Systems. All rights reserved. AD D D B E G G F A D G E G AC C N N F H H 130’ Tunnel | 3 Pay Lanes Exterior Material Selections Tommy’s Express Model K K RESOLUTION 9212 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CAR WASH, AND A DEVELOPMENT REVIEW FOR TOMMY CAR WASH, TO BE LOCCATED AT 2525 MOUNDS VIEW BOULEVARD (PLANNING CASE MU2019-002) WHEREAS, the applicant; PLC Holdings, LLC, with consent of the landowner; C&H Developments (U.S), Inc. is requesting approval of a Conditional Use Permit and Development Review for a car wash on property legally described as: PID: 08-30-23-22-0039 All that part of the West 254 feet of the South 15 acres of the Northwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, Ramsey County, Minnesota, lying Northeasterly of State Trunk Highway No. 10, except the North 30 feet thereof, according to the United States Government Survey thereof. WHEREAS, the property is zoned B-3 Highway Business, and is within the County Road 10 Corridor Overlay District. Within the B-3 District, Car Washes are a Conditional Use; and, WHEREAS, with exceptions, all new construction and expansions of existing construction activity that increases the gross square footage of the principal building by 10,000 square feet or more, or by 10% or more, shall be reviewed by the Planning and Zoning Commission, and approved by the City Council. The proposed project is new construction, requiring a Development Review; and, WHEREAS, the applicant submitted plans to the City, most current: Existing Topography (undated, received November 22, 2019) Landscape Plan December 16, 2019 Preliminary Site Lighting Plan (undated, received December 3, 2019) Exterior Elevations (undated, received December 3, 2019) Site Plan December 10, 2019 Preliminary Grading & Drainage Plan December 11, 2019 Preliminary Storm Water Management Plan December 11, 2019 Resolution 9212 Page 2 of 5 WHEREAS, Staff distributed plans, most recently dated December 10, 2019, to applicable departments and agencies for review, receiving written comments from: Joe Lux, Ramsey County Public Works November 8, 2019 Kelsey White, Rice Creek Watershed District November 8, 20019, December 5, 2019 Nick Henly, Mounds View December 12, 2019 Charlie Smith, SBM Fire Department December 12, 2019 Tyler McLeete, Stantec December 12, 2019 These comments have been incorporated into the Conditions of Approval, as appropriate; and, WHEREAS, the Mounds View Planning Commission reviewed the request on December 18, 2019, approving Resolution 1111-19, recommending approval with conditions; and, WHEREAS, the Mounds View City Council conducted a duly noticed Public Hearing on January 13, 2020; and, WHEREAS, the Mounds View City Council has reviewed the Staff Report, submitted plans, and has compared the request to City Code, Section 1125.01, subd 3 (Criteria for Granting Conditional Use Permits), and in consideration of public testimony, makes the following Findings of Facts (italics): 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. Finding: The proposed car wash will not create an excessive burden on existing public facilities and utilities; 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. Finding: The adjacent land to the north is residentially zoned, and consists of a church, wetland, and wooded area. The nearest homes back up to Bronson Drive, and are over 200’ away, and screened by existing wooded areas on residential and church property, and a tree line on City Property (Public Works Facility). The car wash should have no effect on area property values. 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Finding: The appearance of the structure and site should have no effect upon adjacent residential properties. Resolution 9212 Page 3 of 5 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Finding: There are four car washes in Mounds View, the most recent built in 2009 (The Station). It is the City’s opinion that if the applicant has studied the local market, with confidence that the proposed car was will be supported by local residents, and the traveling public, then this use is reasonable. 5. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Finding: The use is consistent with the Zoning Code, and the B-3 Highway Business district. 6. The use is not in conflict with the Comprehensive Plan of the City. Finding: The property is guided Highway Commercial in the Comprehensive Plan (2008). This use is defined as “Land use principally engaged in the provision of goods and services that primarily services customers attracted from a nearby major transportation route. Examples include hotels/motels, drive-in/fast food restaurants, car washes, gas stations, automotive service stations.” The proposed car wash is consistent with this guided land use. 7. The use will not cause traffic hazards or congestion. Finding: Traffic will access the property from Bronson Drive, a local street. It is most likely that customers will access Bronson Drive from Long Lake Road. This is similar to the previous land use (Snyder’s Drug Store) 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Finding: There are adequate sewer/water utilities. Drainage plans will be reviewed by Rice Creek Watershed District and the City, during the building permit review. The applicant proposes to decrease the amount of impervious surface area. WHEREAS, in permitting a conditional use, the City Council may impose additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions are as follows: 1. The car wash shall not operate between 10:00 PM and 7:00 AM. Resolution 9212 Page 4 of 5 2. The applicant will amend the Site Plan (Dec 10, 2019) to show all setback dimensions complying with City Code requirements, and approved administratively by Staff as part of the Building Permit review. 3. The applicant will submit a survey as part of the Building Permit. If the survey is substantially different than the plans associated with this Resolution (e.g. if there are roadway easements within the property), Staff may require an amendment to this Resolution in consideration of greater setbacks, and/or landscape buffers. 4. Prior to the issuance of any building permits, the applicant shall submit a Landscape Escrow to the City, or other surety acceptable to the City Attorney, in an amount equal to 150% of the estimated cost of landscape materials and labor, and the privacy fence. The City may hold this in a non-interest bearing account. Landscaping shall be completed prior to a Certificate of Occupancy (C/O) being issued. On or about one year after the C/O is issued and landscaping is completed, landscaping shall be inspected by Staff. Any landscaping that has not survived or is in poor health, shall be replaced by the applicant. The City shall refund the escrow, but may withhold a proportionate amount until one- year after the replaced landscape materials have been inspected and determined satisfactory; and, 5. The applicant shall install a buffer to screen customer’s headlights from oncoming traffic, and from the adjacent Public Works offices. Screening shall consist of: A. Evergreen shrub row, 3’ – 4’ in height, primarily along the south and southeast drive lanes. B. Six-foot privacy fence, primarily along the eastern property line. The fence shall be similar to the decretive solid fence at Public Works. Such buffers are shown on the Landscape Plan, dated December 16, 2019. The exact location of buffers may be approved administratively, after the building is built. 6. All signage shall comply with the City Code, and will be reviewed separately at the time sign permits are submitted. 7. The project shall be constructed consistent with plans associated with this Resolution, or as administratively approved by Staff. 8. The applicant shall comply with the City Engineer’s letter, dated December 12, 2019, including obtaining all necessary permits from the City, Ramsey County, Rice Creek Watershed District, and Minnesota Department of Health. This includes the removal of the driveway on Mounds View Boulevard. Resolution 9212 Page 5 of 5 Adopted this 13th Day of January, 2020. Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, City Administrator (SEAL) Catch Basin rim=908.50 Catch Basin rim=908.02 Sign Sign E Electric Manhole rim=911.75 911.6 912.0 911.9 E Elec. Meter 910.0 SignServ 912.0 Hydrant 911.6 912.0 SignSign Catch Basin rim=909.86 910.9 911.2 911.7 fdc Sign 912.03 Tccb " 908.3 Sign G Gas Meter911.8 E Elec. Meter " 910.3" 910.6 " 911.1 Sign Sign 911.9911.9911.8 911.0 910.1910.6 911.0 " 909.7 " 909.4 " 909.1 " 909.3 E Elec. Box 912.0 911.9 911.3 910.9 911.0 911.8 Catch Basin rim=906.10 W wmh rim=907.55 FFE 911.9 45.38.0 8.08.0 8.00.71.01.00.7 24.20.3 3.31.0 8.00.7 28.00.7 8.12.9 15.11 0 . 5 4.0 4.08.2 0.730.7 0.78.08.00.732.70.78.00.749.3Sign N 00°47'30" W 288.36Sign petro pipeline water valve water valve N 5 0 ° 0 9 ' 3 0 " W 2 8 7 . 2 6N 00°47'30" W 103.52N 89°47'36" E 218.01 9109 1 0 9 1 2 912 912910912908 906908912914 912 conc. conc. conc. conc. conc.conc. conc. ov e r h a n gconcrete curbconcrete curbconcrete curbconcrete curbconcrete curbconcrete curbback of curb on property lineTrash Enclosure B i t u m i n o u s S u r f a c e B i t u m i n o u s S u r f a c eC o n c r e t eBRONSON DRIVE LONG LAKE ROADC O U N T Y H I G H W A Y 10Edge of bitum inous roadway B i t u m i n o u s P a t h B i t u m i n o u s P a t hC o n c r e t e10,758 Pervious37.738.430.6 59.5petro pipeline O v e r h e a d W i r e s NORTH LINE OF THE SOUTH 15 ACRES OF THE NW 1/4 OF THE NW 1/4 OF SEC. 8 WEST LINE OF THE NW 1/4 OF THE NW 1/4 OF SEC. 8, TWP. 30, R. 23NORTH LINE OF CO. STATE A ID H IGHWAY No. 10 254.00 30.0036 36.00EAST LINE OF LONG LAKE ROAD PER COUNTY MAPSRoad & Utility Easement per doc. no. 2752953 1010Permanent Easement per doc. no. 27529573 Hydrant CREATED PER DOC. No. 1326463water valve water valve water valve Mag Nail 19.0 19.0 23.4 Denotes Building Height to adjacent ground 12" RC P Irrigation valve Overflow Structure Vault Semaphore Mag Nail Mag Nail 4012" DIP Watermain 8" Sanitary Sewer6" PVC San.12" RC P UNDERGROUND STORM CHAMBER18" RC P15" Stormpossi b l e w a t e r l i n e a s s h o w n o n p l a n s 4595 4,505 s.f. 463 s.f. 1,195 s.f. .98 s.f. 42,715 s.f. 25.1% Pervious 31,957 Impervious 74.8% Impervious SITE PLAN SHEET DESCRIPTION:SheetREVISIONS:CHECKED BY:PROJECT NO:DRAWN BY:DATE:C1.1FAX (701) 281-9501FAX (701) 281-9501PH. (701) 499-0212FARGO, ND 58104SUITE 2004265 45TH ST. SOUTHPH. (701) 281-9500DESIGN RESOURCES GROUPCOPYRIGHT C DESIGN RESOURCES GROUPMOUNDS VIEW, MN 2525 MOUNDS VIEW BLVD TOMMY WASHMOUNDS VIEW BLVDBRONSON DRLONG LAKE ROAD HydrantMag NailMag NailMag NailSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACK SETBACK SETBACK SETBACK SETBACK SETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKSETBACKMag NailFPPROPOSEDCARWASH30 CARSTACKINGSPACES16,126 S.F. Pervious.98 s.f.42,715 s.f.37.7% Pervious26,589 Impervious62.2% ImperviousSITE PLANEXISTING BIKE TRAIL PROPOSEDCARWASHEXISTING BIKE TRAIL16KABCDEFGHJ15141312111098765432116151413121110987654321KABCDEFHJSHEET DESCRIPTION:SheetREVISIONS:CHECKED BY:PROJECT NO:DRAWN BY:DATE:COPYRIGHT C MEDNATIONALGMOUNDSVIEW, MN 2525 MOUNDS VIEW BLVDFAX (701) 281-9501FARGO, ND 58104SUITE 2004265 45TH STREET SOUTHPH. (701) 281-9500TOMMY MOUNDSVIEWL1.1FAX (701) 281-9501PH. (701) 499-0212DESIGN RESOURCES GROUPMOUNDS VIEW BLVDBRONSON DRLONG LAKE ROAD S:\Premier Wash Systems\Site Plans & Supporting Docs\Minnesota\2525 Mounds View\Tommy Moundsview Landscaping 12-16-19.dwg Page 1Exterior Material SelectionsTommy’s Express ModelConfidential Warning: This sheet contains and constitutes confidential information, images and trade secrets of Tommy Car Wash Systems. Any unauthorized use or disclosure of any portion therof, is strictly prohibited. This work is the exclusive property of Tommy Car Wash Systems. All rights reserved.DKMGBDDADHFCJDELNABCDDDEFGHIJKLMNTowers: Dri-Design Panel - 30” x 30“ - Cardinal Red - RAL 3001http://www.dri-design.com/products/painted-aluminum/#sizesRibbed Panel: ATAS 7.2 - Silversmithhttp://www.atas.com/products/walls/exposed-fastener/atas-belvedere-rib-panel#ProductInfoRibbed Panel Trim: ATAS Flat Sheet - Blackhttp://www.atas.com/products/colorsParapet Cap: Reynolux - Bright Silver Metallichttps://www.alcoa.com/aap/north_america/en/product.asp?cat_id=917&prod_id=1537Fascia: Silver ACM N/ADownspout Covers: Silver ACMN/ACar Wash Ends (Upper): Laminators Omega Series - Sunset Redhttp://www.laminatorsinc.com/sites/www.laminatorsinc.com/files/pdf/laminators_architectural_colors_sept8_2016.pdfCar Wash Ends (Lower): Citadel Glaze Guard - Ebony (Series F)https://www.citadelap.com/finishes/series-fCar Wash Ends (Aluminum Caps): Tubelite 200 Series Curtain Wall - Clear Anodizedhttps://www.tubeliteinc.com/200-series-curtainwall/Dry Backroom: Nichiha Panel - Architectural Block - Gray - RAL 7044 http://www.nichiha.com/products/detail/architecturalblockSteel: RAL3001 *Interior Steel Not Shown*http://www.ralcolor.com/Roof: Acrylic - 8mm ACRYLITE Heatstop - Cool Bluehttps://www.acrylite.net/sites/lists/PM/DocumentsAP/8mm-acrylite-heatstop-hi-ds-tech-jan2013.pdfMasonry - Consumer’s 4” Split Faced Block - Ashhttp://www.consumersconcrete.com/split_face.htmlVacuums & Balls: Redhttp://shop.tommycarwash.com/Tommy-Store/Vacuum-and-VendingDry Backroom Parapet: Lektron LED Linear Light - Leon - Redhttp://www.lektroninc.com/leon/Pay Canopy: Black ACMN/A Page 2 Back Elevation Front Elevation A A D D I B B C C K K B C J J D D D D H H M 130’ Tunnel | 3 Pay Lanes Confidential Warning: This sheet contains and constitutes confidential information, images and trade secrets of Tommy Car Wash Systems. Any unauthorized use or disclosure of any portion therof, is strictly prohibited. This work is the exclusive property of Tommy Car Wash Systems. All rights reserved. Exterior Material Selections Tommy’s Express Model K K Page 3 Entry Elevation Entry End Elevation Confidential Warning: This sheet contains and constitutes confidential information, images and trade secrets of Tommy Car Wash Systems. Any unauthorized use or disclosure of any portion therof, is strictly prohibited. This work is the exclusive property of Tommy Car Wash Systems. All rights reserved. AD D D B E G G F A D G E G AC C N N F H H 130’ Tunnel | 3 Pay Lanes Exterior Material Selections Tommy’s Express Model K K The Mounds View Vision A Thriving Desirable Community Item No: 08B Meeting Date January 13, 2020 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Second Reading Ordinance 970 Title 1100, various Chapters, Zoning Code Introduction: This is a continuation of the systematic update of all codes with Chapters 100 through 1000 completed and upon final adoption of 1100, 1200 – 1500 will remain. The Ordinance has been published on our web page since November 19, 2019. This ordinance requires review by the Planning and Zoning Commission and was heard at their December meeting. A public hearing is also required prior to final adoption with 10 days prior notice. The first reading occurred last November. Discussion: Detailed below are the substantive changes. 1. Clarification regarding the front lot and/or lot width definitions in Chapters 1102 and 1103. We changed the party who decides front lot in the case of equal street frontage on corner lots from the owner to the Zoning Administrator. 2. Section 1104.02 provides that the minimum lot size for two-family lots in R-2 was 6,250 square feet. We fixed that by removing some of the language in the chart. In the case of a zero lot line twin home, the two homes will technically be on their own lot. 3. No changes were made to Chapter 1124 (regarding Wireless Telecommunications Facilities), but it appears those are necessary due to the recent legislative changes for small cell wireless facilities. The city amended its ROW ordinance to reflect these changes, but it appears there are revisions necessary in the zoning code. The City Attorney and I suggest that be reviewed separately because it will require additional policy-related input and a more thorough examination of Chapter 1124’s interplay with the recent small cell/ROW changes. If for some reason there are applications or requests made regarding wireless facilities in the interim, we will collectively determine how best to proceed with them on a case-by-case basis. 4. Nonconforming uses are governed by state law and revisions to Chapter 1123 were made to make things consistent with statutory requirements. Cities are generally preempted from coming up with different regulations than those provided in Minn. Stat. Ch. 462. The Mounds View Vision A Thriving Desirable Community 5. Revisions to Chapter 1125 were made to make the voting requirements consistent with state law. Generally speaking, and except for comprehensive plan amendments, the only type of matter that requires more than a simple majority vote is a rezoning of residential property to commercial property. Again, cities are generally preempted from coming up with different regulations than those provided in Minn. Stat. Ch. 462. Strategic Plan Strategy/Goal: Maintain and plan for infrastructure improvements including waste water, water, & transportation Continue BR&E program, maximize utilization of development space and current list of available sites, encourage land owners to maintain their properties, & consider residential redevelopment Financial Impact: None Recommendation: Staff recommends the Council conduct Second Reading of Ordinance 970 and approve adoption and order summary publication. Respectfully submitted, Nyle Zikmund Attachment(s): 1. Ord. 970 623264v1MU210-54 1 ORDINANCE NO. 970 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1100, CHAPTERS 1102, 1103, 1104, 1105, 1112, 1113, 1123, AND 1125 OF THE MOUNDS VIEW CITY CODE RELATING TO ZONING THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1102, Section 1102.02 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 70. LOT, FRONTAGE: The front of the lot shall be, for purposes of complying with this Title, that boundary abutting a public right-of-way having the least width. Subd. 73. LOT LINE, FRONT: That boundary of a lot which abuts a street, and in the case of a corner lot, it shall be the shortest dimension on a public street; should the said dimensions be equal, the owner shall designate the front for the record the front lot line shall be determined by the Zoning Administrator. Subd. 77. LOT WIDTH: The mean horizontal distance between the side lot lines of a lot, measured within the lot boundaries. In the case of irregularly shaped lots located on a cul- de-sac or curved street, lot width shall be measured at the required front and rear setback lines. SECTION 2. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1103, Section 1103.03, Subdivision 5 of the Mounds View Municipal Code by adding the double- underlined material as follows: Subd. 5. Front Lot Lines: On a through lot (a lot fronting on two (2) parallel streets), pursuant to the definition of through lot in Chapter 1102, both street lines shall be front lot lines for applying the yard and parking regulations of this Title. SECTION 3. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1104, Section 1104.02, Subdivision 2 of the Mounds View Municipal Code by deleting the stricken material as follows: Subd. 2. Lot Dimensions: Lot width and area shall not be less than the following: a. Width (1) R-1 interior lot 75 feet 623264v1MU210-54 2 (2) R-1 corner lot, R-2, R-3 and R-4 100 feet (Amended, Ord. 829, 9-3-09) b. Minimum Lot Area: (1) Computations for lot area shall not include land beyond a depth of one hundred fifty feet (150’) on lots having less than one hundred foot (100’) frontage. (2) Lots having equal to or greater than one hundred foot (100’) frontage may use depths not exceeding one and one-half (1-1/2) times the frontage in computing lot area. (3) Minimum lot area requirement shall be as stated in the table below. The lot area per dwelling unit requirements for townhouses, condominiums, planned unit developments and multiple family developments shall be calculated on the basis of the total area in the project and as controlled by an individual and/or joint ownership: District/Type of Lot Minimum Lot Size (in square feet) Minimum Lot Area Per Dwelling Unit (in square feet)1 R-1 Interior Single Family Detached 11,000 11,000 (no more than one unit per lot regardless of lot size) R-1 Corner Lot Single Family Detached 12,500 12,500 (no more than one unit per lot regardless of lot size) R-1, R-2, R-3, R-4, R-5 Non-residential uses listed as conditional uses, except for governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community 43,560 (1 acre) R-2, Single Family Detached; Two Family Attached Dwellings 12,500 for lot developed with single- family detached dwelling; 6,250 for each half of divided lot developed with two-family dwelling; 12,500 for undivided lot developed with two-family dwelling 12,500 for single family detached dwellings (no more than one unit per lot regardless of lot size) 6,250 for each unit in a two-family dwelling (no more than two units per lot regardless of lot size R-3, R-4 Single Family Detached; Two Family Attached; Townhouses, Condominiums, Planned Unit Developments, Multiple Family single family detached: 11,000 two-family: 6,250 townhouse: 6,500 multiple family: 2,500 I-1 43,560 (1 acre) B-1, B-2, B-3, B-4 no minimum; must allow for setbacks and parking requirements to be met (4) Usable Open Space: Each multiple-family dwelling site shall contain at least six hundred twenty five (625) square feet of usable open space as defined by Section 1102.02, subdivision 117 of this Code for each dwelling unit contained therein. 1 See Section 1104.02, subdivision 2(b)(3) and (4). 623264v1MU210-54 3 SECTION 4. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1105, Section 1105.02 of the Mounds View Municipal Code by deleting the stricken material and adding the double-underlined material as follows: 1105.02: ZONING MAP: The location and boundaries of the districts established by this Title are hereby set forth on the Zoning Map entitled Zoning Map of Mounds View, dated May 1, 1980, and as amended from time to time thereafter. Said Map is on file with the City Administrator, and is hereinafter referred to as the “Zoning Map”, which Map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and is hereby made a part of this Title by reference. SECTION 5. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1112, Section 1112.03, Subdivision 5 of the Mounds View Municipal Code by deleting the stricken material and adding the double-underlined material as follows: Subd. 5. Temporary open or outdoor services, sales and rental as an accessory use and including sales in or from motorized vehicles, trailers, or wagons, subject to the following: a. The activity shall not continue for a period greater than ten (10) consecutive days or for more than three (3) ten (10) day periods per year. Permit periods must be separated by a minimum of thirty (30) days. b. Notwithstanding Article 13, Section 7 of the Minnesota Constitution, aA permit issued by the City shall be obtained prior to commencing the activity if otherwise required by Title 500. c. A permit will not be issued without the written consent of the property owner. d. The sales area shall be grassed or surfaced to control dust. e. The activity shall not take up parking space as required for conformity of this Title. f. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Sections 1103.08 and 1103.09 of this Title. SECTION 6. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1112, Section 1112.03, Subdivision 8 of the Mounds View Municipal Code by deleting the stricken material and adding the double-underlined material as follows: Subd. 8. Temporary outdoor food sales as an accessory use and including sales in or from motorized vehicles, trailers, or wagons, subject to the following: a. The activity shall not continue on the same property for a period greater than twenty-one (21) consecutive days. 623264v1MU210-54 4 b. Notwithstanding Article 13, Section 7 of the Minnesota Constitution, aA license issued by the City shall be obtained prior to commencing the activity if otherwise required by Title 500. c. A permit will not be issued without the written consent of the property owner. d. The sales area shall be grassed or surfaced to control dust. e. The activity shall not take up parking space as required for conformity of this Title. f. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Sections 1103.08 and 1103.09 of this Title. g. The provisions of Chapter 1112.03 Subd. 5 are not applicable to temporary outdoor food sales as an accessory use. SECTION 7. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1113, Section 1113.04, Subdivisions 4 and 5 of the Mounds View Municipal Code by deleting the stricken material and adding the double-underlined material as follows: Subd. 4. Veterinary clinics, animal clinics, and animal boarding facilities; provided, that: a. Noise and odor are effectively confined to the premises in accordance with Chapter 6 of this Municipal Code, Nuisances. b. A mechanical ventilation or exhaust system shall be installed to control, capture and remove emissions or odors generated by such use. Such systems shall be separate from other ventilation systems in the building. Such system shall be designed to prevent the migration of emissions or odors to other parts of the building. Installation must comply with Minnesota Building Code Mechanical Systems, Chapter 13451346 2. c. All animal boarding activities shall be conducted indoors, except for necessary outdoor exercise. At no time shall any animal be left unsupervised while outdoors. d. Outdoor exercise shall be conducted so as not to unreasonably annoy, injure or endanger the health, safety, comfort, or welfare of the public. e. All animal boarding facilities shall comply with the Nuisance Codes established for the City of Mounds View. f. All animal boarding facilities shall comply with the Minnesota Pet and Companion Animal Welfare Act (Minnesota Statutes, 346.35 – 346.44). 2 See Section 1001.01 of this Code for adoption of State Building Code; see M.S.A. §16B.59 for State Building Code. 623264v1MU210-54 5 Subd. 5. Pet stores; provided, that: a. Noise and odor are effectively confined to the premises in accordance with Chapter 604 of this Municipal Code, Nuisances. b. The boarding of animals is prohibited, except for the purposes of retail sales. c. A mechanical ventilation or exhaust system shall be installed to control, capture and remove emissions or odors generated by such use. Such systems shall be separate from the other ventilation systems in the building. Such system shall be designed to prevent the migration of emissions or odors to other parts of the building. Installation must comply with the Minnesota State Building Code Mechanical Systems, Chapter 13451346. SECTION 8. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1123, Section 1123.03 of the Mounds View Municipal Code by deleting the stricken material and adding the double-underlined material as follows: 1123.03: DISCONTINUANCE OF NONCONFORMING USE: Whenever a lawful nonconforming use of a structure or land is discontinued for a period of six (6) months more than one year, any future use of said structure or lands shall be made to conform with the provisions of this Title. SECTION 9. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1123, Section 1123.07 of the Mounds View Municipal Code by deleting the stricken material and adding the double-underlined material as follows: 1123.07: DAMAGE AND DESTRUCTION: If, at any time, a nonconforming building, structure or use shall be destroyed to the extent of more than fifty percent (50%) of its fair market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, any future use of said structure or lands shall be made to conform with the provisions of this Title. said value to be determined by the Council, then, without further action from the Council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by these zoning regulations for the district in which such land and buildings are located. Any building which is damaged to an extent of less than fifty percent (50%) of its value may be restored to its former extent if the reconstruction is completed within twelve (12) months after the date of destruction. Estimate of the extent of damage or destruction shall be made by the Building Official. SECTION 10. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1125, Section 1125.01, Subdivision 1(j) of the Mounds View Municipal Code by deleting the stricken material and adding the double-underlined material as follows: j. Four-Fifths Vote: Amendments of this Title, or to the Official Zoning Map that change all or part of an existing residential zoning district to either commercial or industrial shall require passage by a four-fifths (4/5) vote of the full City Council. All other amendments to this 623264v1MU210-54 6 Title, to the Official Zoning Map or for a conditional use permit shall require passage by a simple majority three-fifths vote of the full City Council. SECTION 11. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1125, Section 1125.02, Subdivision 4(f) of the Mounds View Municipal Code by deleting the stricken material and adding the double-underlined material as follows: f. A variance of this Zoning Code or the granting of an appeal shall be by a simple majority two-thirds (2/3) vote of the full Planning and Zoning Commission serving as the Board of Adjustment and Appeals. SECTION 12. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On January 13, 2020, the City Council adopted Ordinance 970 that amends Title 1100, Chapters 1102, 1103, 1104, 1105, 1112, 1113, 1123, and 1125 of the Mounds View City Code. The purpose of the amendment was to update certain zoning provisions to provide for clarification, remove outdated and unnecessary code language, and update the code to conform to current City practices and state law, as necessary. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.moundsviewmn.org. SECTION 13. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on November 25, 2019. Second Reading and Adoption by the Mounds View City Council on January 13, 2020. Publication Date: January 21, 2020. Carol A. Mueller, Mayor Attest: ______________________________ Nyle Zikmund City Administrator (SEAL) The Mounds View Vision A Thriving Desirable Community Item No: 08C Meeting Date January 13, 2020 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Resolution 9213, Accepting and Approving Loan and Agreement from MPCA to fund components of the HOPP program. Introduction: As part of the strategic planning sessions completed 2019, council explored and eventually adopted a comprehensive water preservation program known as HOPP. A major component of the program is having property owners televise and if needed, rehabilitate their sanitary sewer line – known as the lateral. Discussion: Inflow and Infiltration or I-n-I is a serious problem which as evidenced by the more than one million dollars we pay to the Met Council per year to treat our wastewater. Of that, 30% is estimated to be I-n-I or ground water/rain water seeping into the system via cracks and other failures of the sanitary sewer system. The city has and will continue to televise and “slip-line” their mains but property owners, until now, have not been required, educated, or incentivized to do so. The HOPP programs requires the televising and if needed, rehabilitation at the point of sale. Staff learned of a zero interest loan program from MPCA that can be used to fund the complete process which with permits, televising and rehab can run between $2,000 and $15,000 with most costing under $5,000. Council previously approved a resolution to submit the application for the loan program. This resolution is authorization to accept and execute the agreement. Staff has been working with the Center for Energy and the Environment which has a loan administration component and the plan is to amend our current agreement with them to administer these loans. Strategic Plan Strategy/Goal: Maintain and plan for infrastructure improvements including waste water, water, & transportation Financial Impact: Council has previously approved passing the zero interest rate onto the end user and The Mounds View Vision A Thriving Desirable Community absorbing the administrative fee from CEE. Staff does not yet know the cost for administration and unlikely to get an accurate number as it depends on the number and terms of the loans. We know from working with CEE their fees are consistent with industry and nominal and we know the City will realize, over time, savings from decreased INI flow into the system. Recommendation: Staff recommends the Council adopt resolution 9208 Respectfully submitted, Nyle Zikmund RESOLUTION NO. 9213 The Mounds View Vision A Thriving Desirable Community CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ACCEPTANCE AND APPROVING OF UP TO $2,000,000 ZERO INTERST LOAN FUNDS FROM THE MINNESOTA POLLUTION CONTROL AGENCY TO FUND PORTIONS OF THE HOPP PROGRAM WHEREAS, the City of Mounds View Council adopted the Water Preservation Program in the spring of 2019; and, WHEREAS, components of the program include reducing the amount of inflow and infiltration into the wastewater system; and, WHEREAS, televising and slip lining (or complete replacement) of lateral sewer lines will, over time; will reduce the amount of infiltration into the system; and, WHEREAS, the Minnesota Pollution Control Agency has a zero interest loan program that can be used to fund the inspection and rehabilitation costs; and, Whereas, the City of Mounds View has been awarded the loan. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does hereby accept the loan, up to the $2,000,000 threshold and authorize approval of the Loan Agreement with the Minnesota Pollution Control Agency. Adopted this 13th Day of January, 2020. _______________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ Nyle Zikmund, City Administrator (seal) RESOLUTION NO. 9213 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING PROJECT REPRESENTATIVE AND SPONSOR FOR MPCA $2,000,000 ZERO INTEREST LOAN PROGRAM BE IT RESOLVED by the City of Mounds View Council that it hereby designates Nyle Zikmund, City Administrator as Project Representative for the implementation of the H2OPP (HOPP) Water Preservation Project. The Project Representative shall have the authority to represent the City of Mounds View in all Project matters that do not specifically require action by the Council. BE IT FURTHER RESOLVED by the City of Mounds View that, as Project Sponsor and a Loan Sponsor, the city enters into the attached Minnesota Clean Water Partnership Project Loan Agreement along with the Minnesota Pollution Control Agency to conduct the H2OPP (HOPP) Water Preservation Project. BE IT FURTHER RESOLVED by the City of Mounds View that the City Administrator, Nyle Zikmund be authorized to execute the attached Minnesota Clean Water Partnership Project Loan Agreement for the above referenced Project on behalf of City of Mounds View as Project Sponsor and Loan Sponsor. BE IT FURTHER RESOLVED by the City of Mounds View that Nyle Zikmund, City Administrator be authorized to execute loan disbursement requests for the above referenced project to the Minnesota Pollution Control Agency on behalf of the Organization. WHEREUPON the above resolution was adopted at a the January 13, 2020 Mounds View City Council Meeting ________________________________ Carol A. Mueller, Mayor ATTEST: ________________________________ Nyle Zikmund, City Administrator (SEAL) STATE OF MINNESOTA County of Ramsey I, Nyle Zikmund, do hereby certify that I am the custodian of the minutes of all proceedings had and held by the City of Mounds View of said County of Ramsey, that I have compared the above resolution with the original passed and adopted by the Mounds View City Council of said County of Ramsey at a Council meeting thereof held on the 13th day o f January 2020 at 6:30 PM, that the above constitutes a true and correct copy thereof, that the same has not been amended or rescinded and is in full force and effect. IN WITNESS WHEREOF, I have hereunto placed my hand and signature this January 13, 2020. Nyle Zikmund, City Administrator Item No: 08D Meeting Date: January 13, 2020 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Resolution 9202, Appointing City Council Members and Staff as Representatives for City Commissions and Other Organizations for 2020 Introduction: The City Council annually reviews the various Council and Staff appointments to City commissions and other organizations. Below are the 2019 Council and Staff appointments for your reference: Item 08D January 13, 2020 Page 2 Attached is proposed Resolution 9202 showing the 2020 commission and organizations that require Council/Staff representation. Appointments are needed from the Council for the items highlighted in yellow. Recommendation: Make the appointments as necessary and approve attached Resolution 9202. ______________________ Nyle Zikmund RESOLUTION NO. 9202 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING CITY COUNCIL MEMBERS, CITY STAFFAND RESIDENTS AS REPRESENTATIVES FOR CITY COMMITTEES AND OTHER ORGANIZATIONS WHEREAS, members of the City Council, Staff and Mounds View residents act as representatives to City Committees and other organizations; and WHEREAS, the following representatives of the City have been named to act as representatives to the City Committees and other organizations for the year 2020: Ramsey County League of Local Government Northeast Youth and Family Services Mayor/Council Member Mayor/Council Member City Administrator Alternate, League of Minnesota Cities Human Resources Committee Mayor/Council Member Mayor/Council Member City Administrator Council Member Alternate, City Administrator Human Resources Coordinator North Metro Mayors Association Minnesota Metro North Tourism Mayor Mayor/Council Member City Administrator Assistant City Administrator Alternate, City Administrator North Suburban Business Council YMCA Advisory Committee Mayor/Council Member YMCA Center Manager City Administrator YMCA Manager Assistant City Administrator Executive Director of the NW Family YMCA Mounds View Residents (2) Development Review Committee City Administrator Council Member Mayor/Council Member Council Member Alternate, Metro Cities NSCC/NSAC Commission Mayor/Council Member Mayor/Council Member City Administrator Alternate, Anoka County Fire Protection Board Council Representative to City Commissions and Committees Mayor/Council Member Mayor/Council Member Alternate Alternate, Metropolitan Airports Commission (MAC) Charter Commission City Administrator City Administrator Barbara Haake, Mounds View Resident Council Member Gunn Police Advisory Board Gary Rundle, Mounds View Resident (Term Expires 12/31/2022) Bamidele Andrew Odubote, Mounds View Resident (Term Expires 12/31/2022) Virgil Beyer, Mounds View Resident (Term Expires 12/31/2022) Resolution No. 9202 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the aforementioned appointments are hereby approved. Adopted this 13th day of January, 2020. _______________________________ Carol A. Mueller, Mayor ATTEST: ________________________________ Nyle Zikmund, City Administrator (SEAL) The Mounds View Vision A Thriving Desirable Community Item No: 08E Meeting Date January 13, 2020 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: First Reading of Ordinance 972, Amending City Code Title 1200 Chapters 1201, 1202, 1203 and 1205 related to Zoning Code requirements Introduction: The City has been systematically updating all sections of the Code since spring of 2018 with chapters 1200, 1300 and 1500 remaining. Chapter 1200 deals relates to land subdivisions. The draft ordinance has been published on the City web site since Jan 6. Discussion: The purpose of the amendment is to update certain subdivision requirement to provide for clarification, remove outdated and unnecessary code language, and update the code to conform to current City practices and state law, as necessary. The amendment also removes the mailed notice requirement for the public hearing required for preliminary plat applications, and further eliminates the requirement that the Planning and Zoning Commission review and make recommendations on all final plat applications. The amendment also eliminates the platting exception for minor subdivisions and requires platting in the case of any subdivision or lot line rearrangement. Finally, the amendment requires platting applicants to adhere to all requirements of the city attorney’s plat opinion and have issued a title insurance policy in the name of the city prior to final plat approval. Strategic Plan Strategy/Goal: Maintain and plan for infrastructure improvements. Financial Impact: None Recommendation: Staff recommends the Council conduct First Reading and Adoption of Ordinance 972. Respectfully submitted, Nyle Zikmund Attachment(s): 1. Ord. 972 630665v2MU210-54 1 ORDINANCE NO. 972 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1200, CHAPTERS 1201, 1202, 1203, AND 1205 OF THE MOUNDS VIEW CITY CODE RELATING TO LAND SUBDIVISIONS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1201, Section 1201.03 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd. 4. FINAL PLAT: The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Council for approval and which, if approved, will be submitted to the County Register of Deeds or Registrar of Titles Ramsey County Recorder’s Office or the Ramsey County Examiner of Titles. Subd. 8. MAJOR SUBDIVISION: A subdivision of a parcel or parcels of property in which more than one additional parcel or lot is created or which is two (2) acres or larger in size. Subd. 11. MINOR SUBDIVISION: A subdivision of a parcel or parcels of property less than two (2) acres in size in which no more than one additional parcel or lot is created. Subd. 17. PRELIMINARY PLAT: The preliminary map, drawing or chart indicating the proposed layout of a major subdivision to be submitted to the Council for its consideration. Subd. 22. SUBDIVISION: The division of a parcel(s) of land into two (2) or more lots or parcels. The term includes re-subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. Any change in property lines which necessitates City approval before new deeds can be filed at the Register of Deeds office constitutes a subdivision. Subd. XX. OUTLOT: Any parcel of land designated as an outlot on any plat in the City. Outlots are used to designate land that is part of the subdivision but is to be final platted into lots and blocks at a later date, or land that is to be used for a specific purpose as designated in a development agreement or other agreement between the City and the subdivider. Private structures are not permitted to be built on outlots. SECTION 2. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1201, Section 1201.04 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1201.04: ENFORCEMENT OF PROVISIONS: Unless approved as provided herein, no 630665v2MU210-54 2 subdivision shall be entitled to record in the county Register of Deeds office be recorded with Ramsey County or have validity. The Municipality shall not issue building permits for any structure on a lot in any unrecorded subdivision. SECTION 3. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.01 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1202.01: PRELIMINARY SUBDIVISION PLAN APPLICATION: Subd. 1. Platting Requirements: Full platting shall be required for all major subdivision requests. Minor subdivision requests shall require at least a surveyor's certificate for approval. However, the Council, whenever it deems appropriate, may require full platting for minor subdivisions. Subd. 2. Application: a. The subdivider shall make application to the City Administrator for a subdivision and pay the fees established herein. Prior to submitting a preliminary plat, A a sketch plan may be submitted by the subdivider for review by the Director of Public Works/City Engineer, Planning and Zoning Commission and others. The purpose of reviewing such sketch plans shall be to unofficially advise the subdivider of the extent to which the proposed subdivision conforms to this Chapter. Such unofficial advice shall not constitute a waiver of rights or any statutory or ordinance requirement. The sketch plan, in order to be most useful, shall include the following information: (1) Location and legal description. (2) Name and address of owner, subdivider or any other party of interest. (3) Whether land is registered or abstract property. (4) Date, north point and scale. (5) Streets within and adjacent to parcel(s). (6) Property dimensions existing and proposed. (7) Location of physical features and any structures. (8) Any additional information requested by the planning department or City staff deemed necessary to preserve neighborhood aesthetics or protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. b. At the time of application, the owner or subdivider shall indicate the proposed use of 630665v2MU210-54 3 the property to be subdivided and if such proposed use requires it, shall file a proper petition application for rezoning such property in accordance with Title 1100 of this Code. No subdivision shall be approved unless and until the said property has been rezoned in accordance with the proposed use thereof. When filing a subdivision application, the subdivider shall submit an abstract of title, registered property report a title commitment or title opinion that establishes ownership of the land or supporting affidavits or other documents that meets the City’s satisfaction and showing the parties of interest in the property to be subdivided. c. The application must include all contiguous land owned by the subdivider or owner, unless the application is a replat of property that has been previously platted. If only a portion of the property to be subdivided is planned to be presently developed, the remainder of the land may be platted as an outlot. The subdivider or owner must submit a schematic demonstrating how the property that is not currently planned for development could be developed consistent with the City's regulations. Subd. 3. Submittal of Preliminary Plat Copies: a. Major Subdivisions: Before any official action shall be taken by the City, the subdivider shall submit fifteen (15) copies of a preliminary plat of the proposed subdivision to the City Administrator. The preliminary plat shall be in such form and contain such information as required in state law or in Section 1202.03 of this Chapter. b. Minor Subdivisions: The subdivider shall submit to the City Administrator ten (10) copies of a surveyor's certificate prepared by a Minnesota registered land surveyor. The surveyor's certificate shall be in such form and contain such information as required in Section 1202.03 of this Chapter. Subd. 4. Abstractor's Certificate: When filing an application for a major subdivision, the subdivider shall submit an abstractor's certificate showing all the properties within three hundred fifty feet (350') of the property being subdivided and the names of all owners of such properties. Subd. 45. Review and Comment Submittals: a. Preliminary plats of major subdivisions shall, be provided by the City Administrator for the purposes of review and comment, be provided to the Director of Public Works/City Engineer, City Attorney, and, if required by Minnesota Statutes Chapter 505, to the county engineer and the Minnesota Department of Transportation. The county engineer and the Minnesota Department of Transportation shall be afforded thirty (30) days to provide comments. County Engineer, if plat abuts a County road, and State Highway District having fifteen (15) days in which to submit their comments regarding the proposed subdivision to the City. The City Administrator, Planning and Zoning Commission or Council may request the above authorities to similarly review and comment on the preliminary subdivision plan of any minor subdivision request whenever such review is deemed necessary to properly evaluate the request. 630665v2MU210-54 4 b. Preliminary plats of major subdivisions, which conform to the Municipal Storm Water Drainage Local Water Management Plan 1, shall be submitted to the Rice Creek Watershed District for its review and comment, if required. Preliminary plats which do not so conform shall be revised by the subdivider according to the stipulations of the Planning and Zoning Commission and Director of Public Works/City Engineer prior to submission to the Rice Creek Watershed District. Subd. 56. Report of Effect: After comments have been received from the authorities indicated in subdivision 5a above or thirty (30) days has passed since requesting such comments, a report shall be prepared by the City Administrator Community Development staff and submitted to the Planning and Zoning Commission with copies of the preliminary plat or surveyor's certificate within thirty (30) days following acceptance for filing. The report will address how the proposed subdivision will affect traffic, utilities, drainage, community facilities, public safety, neighboring land uses, natural features, open spaces, the Comprehensive Plan and any other matters concerning public health, safety and welfare. Subd. 67. Agenda: The Planning and Zoning Commission shall have the subdivision request on its agenda at its next regular meeting following receipt of the City Administrator's report. The subdivider or a representative shall be present at this meeting. Subd. 78. Planning and Zoning Commission Recommendation: Upon receipt of the subdivision request and the City Administrator's staff report, the Planning and Zoning Commission shall recommend to the Council approval or disapproval of the subdivision. The Planning and Zoning Commission may withhold action to so recommend until the comments of the Rice Creek Watershed District have been received. Subd. 89. Public Hearing: Preliminary plats of major subdivisions shall require a public hearing. The Council shall conduct such hearing upon receipt of the Planning and Zoning Commission recommendation. The City Administrator shall cause notice of said hearing to be published in the official newspaper at least ten (10) days prior to the hearing and shall also cause a notice to be mailed to each of the owners of property within three hundred fifty feet (350') of the property being platted, such notices to be mailed to the last known address of such owners at least ten (10) days before the hearing. Subd. 910. Council Approval or Disapproval: The Council shall, within 120 days of receipt of a completed application, approve or disapprove the preliminary plat of a major subdivision or the surveyor's certificate of a minor subdivision after receipt of the regardless of whether it received a Planning and Zoning Commission recommendation. The Council shall consider this such recommendation and any comments or objections brought forth during the public hearing or by the City’s consultants or other public agencies. Subd. 1011. Denial of Preliminary Plat: If the Council does not approve the preliminary plat or surveyor's certificate, the reasons for such action shall be recorded in the proceedings and 1 See Chapter 1302 of this Code. 630665v2MU210-54 5 transmitted to the applicant subdivider. Subd. 1112. Amendments to Preliminary Plat: If the subdivider wishes to amend the preliminary plat of a major subdivision as approved or disapproved by the Council, the subdivider may submit an amended plat which shall follow the same procedures, except the public hearing unless the amendment is, in the opinion of the Council, of such scope as to constitute a substantial change in the plat. Subd. 1213. Approval of Preliminary Plat: If the preliminary plat of a major subdivision is approved by the Council, the subdivider may begin preparation of the final plat. Preliminary approval does not constitute waiver by the Council of any statutory, ordinance or other rights. Subd. 14. Minor Subdivision Recording Requirements: If the surveyor's certificate of a minor subdivision is approved by the Council, the subdivider shall, within six months, record a deed conforming to the terms of the Council's approval of the subdivision with the County Register of Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the deed showing evidence of the recording; otherwise, the approval of the subdivision shall be void, and the City Administrator shall so notify the County Register of Deeds or Registrar of Titles. No building permit shall be issued for construction on a parcel created by such minor subdivision until evidence of recording has been submitted. In the event the deed is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the minor subdivision upon payment of the minor subdivision reapproval fee as specified in Appendix E and the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed six months. SECTION 4. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.04 of the Mounds View Municipal Code by deleting the stricken material as follows: 1202.04: CONDITIONS OF PRELIMINARY PLAT APPROVAL: Subd. 1. Revisions: The Planning and Zoning Commission and Council may require such revisions as they deem necessary for the health, safety, general welfare and convenience of the Municipality. Subd. 2. Tentative Approval: The approval of a preliminary plat of a major subdivision by the Council is tentative only, involving merely the general acceptability of the layout as submitted. The Council shall not permit the installation of any public improvements in the proposed plat unless the preliminary plat is approved. Preliminary plat approval is conditioned upon compliance with all requirements deemed necessary to preserve neighborhood aesthetics or protect the health, safety and welfare of neighboring 630665v2MU210-54 6 landowners and the future residents within the subdivision. Subd. 3. Subsequent Approval: a. Subsequent approval will be required of the engineering proposals pertaining to water supply, storm drainage, sewerage disposal and other utilities. b. Subsequent approval of the preliminary plat will be required by other public officials having Jurisdiction prior to the approval of the final plat by the Municipality. Subd. 4. Flooding or Poor Drainage Facilities 21: No plan will be approved for a major or minor subdivision which covers an area subject to periodic flooding or which contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots impossible unless the subdivider agrees to make improvements which will, in the opinion of the Council, make the area completely safe for occupancy and provide adequate street and lot drainage. Subd. 5. Partial Subdivisions: Where an owner or subdivider proposes to subdivide only a portion of owner's or subdivider's property, the Council may require the owner or subdivider to submit a preliminary plan indicating the proposal for subdividing the balance of the property so as to have proper relationship of streets and lot orientations with the portion to be subdivided and adjacent properties. SECTION 5. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.07 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1202.07: FINAL PLAT APPROVAL PROCEDURE: Subd. 1. Filing of Final Plat: The owner or subdivider of a major subdivision shall file twelve (12) printed copies of the final plat not later than six (6) months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested, in writing, by the subdivider and for good cause granted by the Council. The final plat shall be in such form and contain such information as required in state law and in Section 1202.05 of this Chapter. Subd. 2. Conformance to Preliminary Plat: a. The final plat shall conform to the preliminary plat, as approved, including any conditions thereof. The Council may allow the subdivider to submit a final plat which includes only a portion of the approved preliminary plat. b. The City Administrator staff shall examine the final plat to determine whether it conforms to the preliminary plat, as approved, including, but not limited to, compliance 1 See Chapters 1010, 1301 and 1302 of this Code for drainage and flood control regulations. 630665v2MU210-54 7 with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. c. City staff shall determine whether the final plat, as submitted, conforms with the terms of the Council approval of the preliminary plat, including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics and to protect the public health, safety and welfare of neighboring landowners and future residents within the subdivision, and shall report its findings to the Council If the City Administrator determines that the final plat, as submitted, does not conform with the terms of the Council approval of the preliminary plat, including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision, the City Administrator shall so report to the Planning and Zoning Commission. The Planning and Zoning Commission shall recommend to the Council approval or disapproval of the final plat within thirty (30) days of receipt of the City Administrator's report. If City staff, in its sole discretion, determines that a final plat contains significant deviations from what was contemplated during preliminary review and approval, it may refer a final plat to the Planning and Zoning Commission for review and recommendation, which shall be forwarded to the Council together with the recommendation from City staff. Subd. 3. Approval or Disapproval: Upon receipt of the City Administrator's report or the Planning and Zoning Commission recommendation from staff and, if applicable, the Planning and Zoning Commission, the Council may approve or disapprove the final plat and authorize that it be signed by the Mayor and the City Administrator, provided that all other requirements are met. Subd. 4. Plat Opinion; Title Insurance: The final plat shall adhere to all requirements of the City Attorney, including all requirements contained in the City Attorney’s plat opinion, which shall be a prerequisite of the City’s execution of the final plat. The subdivider shall also have issued, at its sole expense, a title insurance policy in the name of the City of Mounds View in an amount acceptable to the City so as to insure for the dedications made on the final plat. Subd. 45. Recording of Final Plat: If the final plat is approved, the subdivider shall, within six months, record it with the County Register of Deeds or Registrar of Titles Ramsey County Recorder’s Office or the Ramsey County Examiner of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the City Administrator shall so notify the County Register of Deeds or Registrar of Titles Ramsey County Recorder’s Office or the Ramsey County Examiner of Titles. Subd. 56. Re-Approval: In the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the final plat upon payment of the plat reapproval fee as specified in Appendix E and the following terms 630665v2MU210-54 8 and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed six months. SECTION 6. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.08 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1202.08: REGISTERED LAND SURVEYS; CONVEYANCE BY METES AND BOUNDS: All registered land surveys shall be filed subject to the same procedure as required for the filing of a preliminary plat for platting purposes. The standards and requirements set forth in this Title shall apply to all registered land surveys. Unless the Council shall approve the registered land survey in accordance with this Title, building permits of the tracts shall be withheld, tracts set aside for street purpose shall not be accepted and no public money shall be spent toward installing utilities or improvements. No registered land survey shall receive final approval without the deeding of streets to the City in a recordable form. No conveyance by metes and bounds shall be permitted, except where mandated by specific provisions of Minnesota Statutes Annotated or where allowed under minor subdivision procedures herein state law. SECTION 7. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1203, Section 1203.09 of the Mounds View Municipal Code by deleting the stricken material as follows: 1203.09: MONUMENTS: Monuments of a permanent character shall be placed in locations on the boundary of any major subdivision and within it as required to permanently define all property lines and street rights of way. SECTION 8. The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1205, Section 1205.02 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1205.02: VARIANCES: The Council may grant a variance of these subdivision regulations in any particular case where the subdivider can show that, by reason of unique circumstances relating to a specific lot, the strict compliance with these regulations imposes unusual hardship practical difficulties to the subdivider in the use of his or her land. Unusual hardship Practical difficulties includes, but is are not limited to, inadequate access to direct sunlight for solar energy systems. A variance may be granted only if the Council finds that all of the following circumstances exist: Subd. 1. The variance is in harmony with the general purposes and intent of these regulations. Subd. 2. The variance is consistent with the Comprehensive Plan. Subd. 3. The subdivider proposes to use the property in a reasonable manner not permitted by 630665v2MU210-54 9 these regulations or the City Zoning Ordinance. Subd. 4. Unique circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of these regulations has had no control. That the unique circumstances do not result from the actions of the applicant. Subd. 5. The variance does not alter the essential character of the neighborhood. Subd. 6. That the variance requested is the minimum variance which would alleviate the unusual hardship practical difficulties. Economic conditions alone do not constitute unusual hardship practical difficulties. Subd. 7. The Council may impose such conditions upon the premises benefited by the variance, as may be necessary to comply with the standards established by this section or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. SECTION 9. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On January 27, 2020, the City Council adopted Ordinance 972, entitled “An Ordinance Amending Title 1200, Chapters 1201, 1202, 1203, and 1205 of the Mounds View City Code Relating to Land Subdivisions.” The purpose of the amendment was to update certain subdivision requirement to provide for clarification, remove outdated and unnecessary code language, and update the code to conform to current City practices and state law, as necessary. The amendment also removes the mailed notice requirement for the public hearing required for preliminary plat applications, and further eliminates the requirement that the Planning and Zoning Commission review and make recommendations on all final plat applications. The amendment also eliminates the platting exception for minor subdivisions and requires platting in the case of any subdivision or lot line rearrangement. Finally, the amendment requires platting applicants to adhere to all requirements of the city attorney’s plat opinion and have issued a title insurance policy in the name of the city prior to final plat approval. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City’s website located at www.moundsviewmn.org. SECTION 10. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on January 13, 2020. 630665v2MU210-54 10 Second Reading and Adoption by the Mounds View City Council on January 27, 2020. Publication Date: January 31, 2020. Carol A. Mueller, Mayor Attest: ______________________________ Nyle Zikmund City Administrator (SEAL) 630665v12MU210-54 1 ORDINANCE NO. ___ CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1200, CHAPTERS 1201, 1202, 1203, AND 1205 OF THE MOUNDS VIEW CITY CODE RELATING TO LAND SUBDIVISIONS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1.The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1201, Section 1201.03 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: Subd.4.FINAL PLAT: The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Council for approval and which, if approved, will be submitted to the County Register of Deeds or Registrar of Titles Ramsey County Recorder’s Office or the Ramsey County Examiner of Titles. Subd.8.MAJOR SUBDIVISION: A subdivision of a parcel or parcels of property in which more than one additional parcel or lot is created or which is two (2) acres or larger in size. Subd.11.MINOR SUBDIVISION: A subdivision of a parcel or parcels of property less than two (2) acres in size in which no more than one additional parcel or lot is created. Subd.17.PRELIMINARY PLAT: The preliminary map, drawing or chart indicating the proposed layout of a major subdivision to be submitted to the Council for its consideration. Subd.22. SUBDIVISION: The division of a parcel(s) of land into two (2) or more lots or parcels. The term includes re-subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. Any change in property lines which necessitates City approval before new deeds can be filed at the Register of Deeds office constitutes a subdivision. Subd. XX. OUTLOT: Any parcel of land designated as an outlot on any plat in the City. Outlots are used to designate land that is part of the subdivision but is to be final platted into lots and blocks at a later date, or land that is to be used for a specific purpose as designated in a development agreement or other agreement between the City and the subdivider. Private structures are not permitted to be built on outlots. SECTION 2.The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1201, Section 1201.04 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 630665v12MU210-54 2 1201.04:ENFORCEMENT OF PROVISIONS:Unless approved as provided herein, no subdivision shall be entitled to record in the county Register of Deeds office be recorded with Ramsey County or have validity. The Municipality shall not issue building permits for any structure on a lot in any unrecorded subdivision. SECTION 3.The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.01 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1202.01:PRELIMINARY SUBDIVISION PLAN APPLICATION: Subd.1.Platting Requirements: Full platting shall be required for all major subdivision requests.Minor subdivision requests shall require at least a surveyor's certificate for approval. However, the Council, whenever it deems appropriate, may require full platting for minor subdivisions. Subd.2.Application: a.The subdivider shall make application to the City Administrator for a subdivision and pay the fees established herein.Prior to submitting a preliminary plat,A a sketch plan may be submitted by the subdivider for review by the Director of Public Works/City Engineer, Planning and Zoning Commission and others. The purpose of reviewing such sketch plans shall be to unofficially advise the subdivider of the extent to which the proposed subdivision conforms to this Chapter. Such unofficial advice shall not constitute a waiver of rights or any statutory or ordinance requirement. The sketch plan, in order to be most useful, shall include the following information: (1) Location and legal description. (2) Name and address of owner, subdivider or any other party of interest. (3) Whether land is registered or abstract property. (4) Date, north point and scale. (5) Streets within and adjacent to parcel(s). (6) Property dimensions existing and proposed. (7) Location of physical features and any structures. (8) Any additional information requested by the planning department or City staff deemed necessary to preserve neighborhood aesthetics or protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. 630665v12MU210-54 3 b.At the time of application, the owner or subdivider shall indicate the proposed use of the property to be subdivided and if such proposed use requires it, shall file a proper petition application for rezoning such property in accordance with Title 1100 of this Code. No subdivision shall be approved unless and until the said property has been rezoned in accordance with the proposed use thereof. When filing a subdivision application, the subdivider shall submit an abstract of title, registered property report a title commitment or title opinion that establishes ownership of the land or supporting affidavits or other documents that meets the City’s satisfaction and showing the parties of interest in the property to be subdivided. c.The application must include all contiguous land owned by the subdivider or owner, unless the application is a replat of property that has been previously platted. If only a portion of the property to be subdivided is planned to be presently developed, the remainder of the land may be platted as an outlot. The subdivider or owner must submit a schematic demonstrating how the property that is not currently planned for development could be developed consistent with the City's regulations. Subd.3.Submittal of Preliminary Plat Copies: a.Major Subdivisions:Before any official action shall be taken by the City, the subdivider shall submit fifteen (15) copies of a preliminary plat of the proposed subdivision to the City Administrator. The preliminary plat shall be in such form and contain such information as required in state law or in Section 1202.03 of this Chapter. b.Minor Subdivisions: The subdivider shall submit to the City Administrator ten (10) copies of a surveyor's certificate prepared by a Minnesota registered land surveyor. The surveyor's certificate shall be in such form and contain such information as required in Section 1202.03 of this Chapter. Subd.4.Abstractor's Certificate: When filing an application for a major subdivision, the subdivider shall submit an abstractor's certificate showing all the properties within three hundred fifty feet (350') of the property being subdivided and the names of all owners of such properties. Subd.45.Review and Comment Submittals: a.Preliminary plats of major subdivisions shall,be provided by the City Administrator for the purposes of review and comment, be provided to the Director of Public Works/City Engineer, City Attorney,and, if required by Minnesota Statutes Chapter 505, to the county engineer and the Minnesota Department of Transportation. The county engineer and the Minnesota Department of Transportation shall be afforded thirty (30) days to provide comments.County Engineer, if plat abuts a County road, and State Highway District having fifteen (15) days in which to submit their comments regarding the proposed subdivision to the City. The City Administrator, Planning and Zoning Commission or Council may request the above authorities to similarly review and comment on the preliminary subdivision plan of any minor subdivision request whenever 1 See Chapter 1302 of this Code. 630665v12MU210-54 4 such review is deemed necessary to properly evaluate the request. b.Preliminary plats of major subdivisions, which conform to the Municipal Storm Water Drainage Local Water Management Plan1, shall be submitted to the Rice Creek Watershed District for its review and comment, if required. Preliminary plats which do not so conform shall be revised by the subdivider according to the stipulations of the Planning and Zoning Commission and Director of Public Works/City Engineer prior to submission to the Rice Creek Watershed District. Subd.56.Report of Effect: After comments have been received from the authorities indicated in subdivision 5a above or thirty (30) days has passed since requesting such comments, a report shall be prepared by the City Administrator Community Development staff and submitted to the Planning and Zoning Commission with copies of the preliminary plat or surveyor's certificate within thirty (30) days following acceptance for filing. The report will address how the proposed subdivision will affect traffic, utilities, drainage, community facilities, public safety, neighboring land uses, natural features, open spaces, the Comprehensive Plan and any other matters concerning public health, safety and welfare. Subd.67.Agenda: The Planning and Zoning Commission shall have the subdivision request on its agenda at its next regular meeting following receipt of the City Administrator's report. The subdivider or a representative shall be present at this meeting. Subd.78.Planning and Zoning Commission Recommendation: Upon receipt of the subdivision request and the City Administrator's staff report, the Planning and Zoning Commission shall recommend to the Council approval or disapproval of the subdivision. The Planning and Zoning Commission may withhold action to so recommend until the comments of the Rice Creek Watershed District have been received. Subd.89.Public Hearing: Preliminary plats of major subdivisions shall require a public hearing. The Council shall conduct such hearing upon receipt of the Planning and Zoning Commission recommendation. The City Administrator shall cause notice of said hearing to be published in the official newspaper at least ten (10) days prior to the hearing and shall also cause a notice to be mailed to each of the owners of property within three hundred fifty feet (350') of the property being platted, such notices to be mailed to the last known address of such owners at least ten (10) days before the hearing. Subd.910.Council Approval or Disapproval: The Council shall, within 120 days of receipt of a completed application, approve or disapprove the preliminary plat of a major subdivision or the surveyor's certificate of a minor subdivision after receipt of the regardless of whether it received a Planning and Zoning Commission recommendation. The Council shall consider this such recommendation and any comments or objections brought forth during the public hearing or by the City’s consultants or other public agencies. 630665v12MU210-54 5 Subd.1011.Denial of Preliminary Plat: If the Council does not approve the preliminary plat or surveyor's certificate, the reasons for such action shall be recorded in the proceedings and transmitted to the applicant subdivider. Subd.1112. Amendments to Preliminary Plat: If the subdivider wishes to amend the preliminary plat of a major subdivision as approved or disapproved by the Council, the subdivider may submit an amended plat which shall follow the same procedures, except the public hearing unless the amendment is, in the opinion of the Council, of such scope as to constitute a substantial change in the plat. Subd.1213.Approval of Preliminary Plat: If the preliminary plat of a major subdivision is approved by the Council, the subdivider may begin preparation of the final plat. Preliminary approval does not constitute waiver by the Council of any statutory, ordinance or other rights. Subd.14.Minor Subdivision Recording Requirements: If the surveyor's certificate of a minor subdivision is approved by the Council, the subdivider shall, within six months, record a deed conforming to the terms of the Council's approval of the subdivision with the County Register of Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the deed showing evidence of the recording; otherwise, the approval of the subdivision shall be void, and the City Administrator shall so notify the County Register of Deeds or Registrar of Titles. No building permit shall be issued for construction on a parcel created by such minor subdivision until evidence of recording has been submitted. In the event the deed is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the minor subdivision upon payment of the minor subdivision reapproval fee as specified in Appendix E and the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed six months. SECTION 4.The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.04 of the Mounds View Municipal Code by deleting the stricken material as follows: 1202.04:CONDITIONS OF PRELIMINARY PLAT APPROVAL: Subd.1.Revisions: The Planning and Zoning Commission and Council may require such revisions as they deem necessary for the health, safety, general welfare and convenience of the Municipality. Subd.2.Tentative Approval: The approval of a preliminary plat of a major subdivision by the Council is tentative only, involving merely the general acceptability of the layout as submitted. The Council shall not permit the installation of any public improvements in the proposed plat unless the preliminary plat is approved. Preliminary plat approval is 1 See Chapters 1010, 1301 and 1302 of this Code for drainage and flood control regulations. 630665v12MU210-54 6 conditioned upon compliance with all requirements deemed necessary to preserve neighborhood aesthetics or protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. Subd.3.Subsequent Approval: a.Subsequent approval will be required of the engineering proposals pertaining to water supply, storm drainage, sewerage disposal and other utilities. b.Subsequent approval of the preliminary plat will be required by other public officials having Jurisdiction prior to the approval of the final plat by the Municipality. Subd.4.Flooding or Poor Drainage Facilities21: No plan will be approved for a major or minor subdivision which covers an area subject to periodic flooding or which contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots impossible unless the subdivider agrees to make improvements which will, in the opinion of the Council, make the area completely safe for occupancy and provide adequate street and lot drainage. Subd.5.Partial Subdivisions: Where an owner or subdivider proposes to subdivide only a portion of owner's or subdivider's property, the Council may require the owner or subdivider to submit a preliminary plan indicating the proposal for subdividing the balance of the property so as to have proper relationship of streets and lot orientations with the portion to be subdivided and adjacent properties. SECTION 5.The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.05 of the Mounds View Municipal Code by adding the double-underlined material as follows: 1202.05:NECESSARY DATA FOR FINAL PLAT: Subd.1.General: The final plat shall be prepared by a land surveyor who is registered in the State and shall conform to all State and County requirements and the requirements of this Title. Subd.2.Information to be Shown: a.All dimensions, including lot lines, shall be shown in feet and hundredths of feet. b.Accurate radii, internal angles, points and curvatures, tangent bearings and lengths of all arcs and accurate lineal dimensions for all lines, angles and curvatures used to describe boundaries, streets, alleys, easements, areas to be reserved for public use. c.When lot lines are not at right angle to the street right of way line, the width of the lot at the building setback line shall be indicated. 630665v12MU210-54 7 d.A numbered identification system for all lots and blocks. e.A boundary line survey, including the measured distance and angles and the true distance and bearing between a known point on the boundary and the nearest official monument which shall be accurately described on the plat. f.Municipal, County and/or section lines accurately tied to the lines of the subdivision by distances and angles. g.Name and location of all monuments. h.Accurate locations of all monuments. i.Graphic scale and north point. j.Names and right-of-way width of all streets and other rights of way. k.Location of water bodies and dedication of flowage rights. l.Accurate outlines and legal description of any areas to be dedicated or reserved for public use or for the exclusive use of property owners within the subdivision with the purpose indicated therein. m.Certification by a registered surveyor in the form required by Minnesota Statutes. n.Execution of the certificate by all owners of any interest in the land and any holders of a mortgage thereon shall include a dedication of the utility easements and any other public areas in such form as shall be approved by the City Attorney. o.Forms for approval by Council, Ramsey County and other authorities, as required. p.Any other information as may be required by the Planning and Zoning Commission, Council or City staff that is deemed to be in the interest of the public's health, safety or welfare. Subd.3.Plat Opinion; Title Insurance: The final plat shall adhere to all requirements of the City Attorney, including all requirements contained in the City Attorney’s plat opinion, which shall be a prerequisite of the City’s execution of the final plat. The subdivider shall also have issued, at its sole expense, a title insurance policy in the name of the City of Mounds View, in an amount acceptable to the City so as to insure for the dedications made on the final plat. SECTION 6.The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.07 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 630665v12MU210-54 8 1202.07:FINAL PLAT APPROVAL PROCEDURE: Subd.1.Filing of Final Plat: The owner or subdivider of a major subdivision shall file twelve (12) printed copies of the final plat not later than six (6) months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested, in writing, by the subdivider and for good cause granted by the Council. The final plat shall be in such form and contain such information as required in state law and in Section 1202.05 of this Chapter. Subd.2.Conformance to Preliminary Plat: a.The final plat shall conform to the preliminary plat, as approved, including any conditions thereof. The Council may allow the subdivider to submit a final plat which includes only a portion of the approved preliminary plat. b.The City Administrator staff shall examine the final plat to determine whether it conforms to the preliminary plat, as approved, including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. c.City staff shall determine whether the final plat, as submitted, conforms with the terms of the Council approval of the preliminary plat, including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics and to protect the public health, safety and welfare of neighboring landowners and future residents within the subdivision, and shall report its findings to the Council If the City Administrator determines that the final plat, as submitted, does not conform with the terms of the Council approval of the preliminary plat, including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision, the City Administrator shall so report to the Planning and Zoning Commission. The Planning and Zoning Commission shall recommend to the Council approval or disapproval of the final plat within thirty (30) days of receipt of the City Administrator's report.If City staff, in its sole discretion, determines that a final plat contains significant deviations from what was contemplated during preliminary review and approval, it may refer a final plat to the Planning and Zoning Commission for review and recommendation, which shall be forwarded to the Council together with the recommendation from City staff. Subd.3.Approval or Disapproval: Upon receipt of the City Administrator's report or the Planning and Zoning Commission recommendation from staff and, if applicable, the Planning and Zoning Commission, the Council may approve or disapprove the final plat and authorize that it be signed by the Mayor and the City Administrator, provided that all other requirements are met. Subd. 4.Plat Opinion; Title Insurance: The final plat shall adhere to all requirements of the 630665v12MU210-54 9 City Attorney, including all requirements contained in the City Attorney’s plat opinion, which shall be a prerequisite of the City’s execution of the final plat. The subdivider shall also have issued, at its sole expense, a title insurance policy in the name of the City of Mounds View in an amount acceptable to the City so as to insure for the dedications made on the final plat. Subd.445.Recording of Final Plat: If the final plat is approved, the subdivider shall, within six months, record it with the County Register of Deeds or Registrar of Titles Ramsey County Recorder’s Office or the Ramsey County Examiner of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the City Administrator shall so notify the County Register of Deeds or Registrar of Titles Ramsey County Recorder’s Office or the Ramsey County Examiner of Titles. Subd.556.Re-Approval: In the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the final plat upon payment of the plat reapproval fee as specified in Appendix E and the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed six months. SECTION 76.The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1202, Section 1202.08 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1202.08:REGISTERED LAND SURVEYS; CONVEYANCE BY METES AND BOUNDS: All registered land surveys shall be filed subject to the same procedure as required for the filing of a preliminary plat for platting purposes. The standards and requirements set forth in this Title shall apply to all registered land surveys. Unless the Council shall approve the registered land survey in accordance with this Title, building permits of the tracts shall be withheld, tracts set aside for street purpose shall not be accepted and no public money shall be spent toward installing utilities or improvements. No registered land survey shall receive final approval without the deeding of streets to the City in a recordable form. No conveyance by metes and bounds shall be permitted, except where mandated by specific provisions of Minnesota Statutes Annotated or where allowed under minor subdivision procedures herein state law. SECTION 87.The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1203, Section 1203.09 of the Mounds View Municipal Code by deleting the stricken material as follows: 1203.09:MONUMENTS: Monuments of a permanent character shall be placed in locations on the boundary of any major subdivision and within it as required to permanently define all property lines and street rights of way. 630665v12MU210-54 10 SECTION 98.The City Council of the City of Mounds View hereby amends Title 1200, Chapter 1205, Section 1205.02 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 1205.02:VARIANCES: The Council may grant a variance of these subdivision regulations in any particular case where the subdivider can show that, by reason of unique circumstances relating to a specific lot, the strict compliance with these regulations imposes unusual hardship practical difficulties to the subdivider in the use of his or her land.Unusual hardship Practical difficulties includes, but is are not limited to, inadequate access to direct sunlight for solar energy systems. A variance may be granted only if the Council finds that all of the following circumstances exist: Subd.1.The variance is in harmony with the general purposes and intent of these regulations. Subd.2.The variance is consistent with the Comprehensive Plan. Subd.3.The subdivider proposes to use the property in a reasonable manner not permitted by these regulations or the City Zoning Ordinance. Subd.4.Unique circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of these regulations has had no control. That the unique circumstances do not result from the actions of the applicant. Subd.5.The variance does not alter the essential character of the neighborhood. Subd.6.That the variance requested is the minimum variance which would alleviate the unusual hardship practical difficulties. Economic conditions alone do not constitute unusual hardship practical difficulties. Subd.7.The Council may impose such conditions upon the premises benefited by the variance, as may be necessary to comply with the standards established by this section or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. SECTION 109. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On ______________, 2020, the City Council adopted Ordinance ___, entitled “An Ordinance Amending Title 1200, Chapters 1201, 1202, 1203, and 1205 of the Mounds View City Code Relating to Land Subdivisions.” The purpose of the amendment was to update certain subdivision requirement to provide for clarification, remove outdated and 630665v12MU210-54 11 unnecessary code language, and update the code to conform to current City practices and state law, as necessary. The amendment also removes the mailed notice requirement for the public hearing required for preliminary plat applications, and further eliminates the requirement that the Planning and Zoning Commission review and make recommendations on all final plat applications. The amendment also eliminates the platting exception for minor subdivisions and requires platting in the case of any subdivision or lot line rearrangement. Finally, the amendment requires platting applicants to adhere to all requirements of the city attorney’s plat opinion and have issued a title insurance policy in the name of the city prior to final plat approval. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City’s website located at www.moundsviewmn.org. SECTION 1110. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on ___________, 2020. Second Reading and Adoption by the Mounds View City Council on ___________, 2020. Publication Date:__________________, 2020. Carol A. Mueller, Mayor Attest: ______________________________ Nyle Zikmund City Administrator (SEAL) Document comparison by W orkshare 10.0 on Friday, January 3, 2020 3:49:17 PM Input: Document 1 ID PowerDocs://DOCSOPEN/630665/1 Description DOCSOPEN-#630665-v1-Title_1200_Amendment Document 2 ID PowerDocs://DOCSOPEN/630665/2 Description DOCSOPEN-#630665-v2-Title_1200_Amendment Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 11 Deletions 33 Moved from 2 Moved to 2 Style change 0 Format changed 0 Total changes 48 The Mounds View Vision A Thriving Desirable Community Item No: 08F Meeting Date January 13, 2020 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Resolution 9219, Approving a Three Year Labor Agreement with the Public Works Bargaining Group Effective January 1, 2020 through December 31, 2022 Introduction: The previous labor agreement with the Public Works group expired at the end of 2019. The City and the bargaining group have conducted a series of negotiation sessions and have come to an agreement on terms for the three-year period beginning Jan 1, 2020. It should also be noted that the group received formal recognition/status from the Minnesota Bureau of Labor as a Recognized Bargaining Unit Discussion: The Agreement provides for the following changes: Article 20 – Insurance For 2020, the City will contribute a maximum amount of $1,155 per month toward each employee’s insurance, a $30 increase over the 2019 contribution of $1,125. For 2021 and 2022, the table below would apply. If, for example, health insurance premiums increase by 9% for 2021, the City would increase its monthly contribution to $1,185. If the Health Insurance Premium Increases by The Maximum Monthly City Contribution will increase by: Less than 1% No change 1% to 5% + $15 6% to 10% + $30 11% to 15% + $45 Greater than 15% + $60 Article 28 – Wages COLA increase of 3% for 2020, 2.5% for 2021 and 3% for 2022. Article 31 – Term The revision simply updates the new term from 2017-2019 to 2020-2022. While not part of the agreement at this time, representatives proposed further discussion of a specified travel stipend time specific to call back on weekends. Staff committed to further discussion in 2020 and if able to reach a resolution, a Memorandum of Understanding would be brought forward for council consideration. The Mounds View Vision A Thriving Desirable Community Strategic Plan Strategy/Goal: Create a culture where employees desire to work and remain employed with Mounds View Financial Impact: The agreement is consistent with the 2020 adopted budget. Recommendation: Staff recommends the Council adopt resolution 9219 Respectfully submitted, Nyle Zikmund The Mounds View Vision A Thriving Desirable Community RESOLUTION NO. 9219 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A THREE YEAR LABOR AGREEMENT WITH THE PUBLIC WORKS BARGAINING GROUP EFFECTIVE JANUARY 1, 2020 THROUGH DECEMBER 31, 2022 WHEREAS, the previously approved Labor Agreement with the Public Works Bargaining Group expired at the end of 2019; and WHEREAS, the City and the Public Works Bargaining Group held a series of negotiating sessions in an effort to ratify a new agreement; and WHEREAS, The City and the Public Works Bargaining Group reviewed and agreed to certain revisions to the Labor Agreement as shown in the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby approve a revised three year Labor Agreement with the Public Works Bargaining Group, effective January 1, 2012, through December 31, 2022. Adopted this 13th Day of January, 2020. _______________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ Nyle Zikmund, City Administrator (seal) LABOR AGREEMENT BETWEEN THE CITY OF MOUNDS VIEW AND PUBLIC WORKS COLLECTIVE BARGAINING UNIT JANUARY 1, 2020 - DECEMBER 31, 2022 2 LABOR AGREEMENT .................................................................................................... 1 PUBLIC WORKS COLLECTIVE BARGAINING UNIT ................................................... 1 ARTICLE 1. PURPOSE OF AGREEMENT ................................................................... 3 ARTICLE 2. CITY AUTHORITY ..................................................................................... 3 ARTICLE 3. APPLICABILITY OF CITY PERSONNEL CODE ....................................... 3 ARTICLE 4. GRIEVANCE PROCEDURE ...................................................................... 4 ARTICLE 5. DEFINITIONS ............................................................................................ 4 ARTICLE 6. SAVINGS CLAUSE .................................................................................... 4 ARTICLE 7. WORK SCHEDULE ................................................................................... 5 ARTICLE 8. HOLIDAYS ................................................................................................ 6 ARTICLE 9. VACATION ................................................................................................ 6 ARTICLE 10. OVERTIME PAY ...................................................................................... 7 ARTICLE 11. COMPENSATORY TIME ......................................................................... 7 ARTICLE 12. CALL BACK .............................................................................................. 8 ARTICLE 13. LEGAL DEFENSE .................................................................................... 8 ARTICLE 14. RIGHT OF SUBCONTRACT .................................................................... 8 ARTICLE 15. DISCIPLINE .............................................................................................. 8 ARTICLE 16. SENIORITY .............................................................................................. 9 ARTICLE 17. PROBATIONARY PERIODS.................................................................... 9 ARTICLE 18. SAFETY .................................................................................................... 9 ARTICLE 19. JOB POSTING ....................................................................................... 10 ARTICLE 20. INSURANCE .......................................................................................... 10 ARTICLE 21. INJURY ON DUTY .................................................................................. 10 ARTICLE 22. CLOTHING ............................................................................................. 11 ARTICLE 23. STANDBY DUTY .................................................................................... 11 ARTICLE 24. PERFORMANCE REVIEWS .................................................................. 12 ARTICLE 25. JOB CLASSIFICATION SYSTEM .......................................................... 12 ARTICLE 26. SEVERANCE ......................................................................................... 13 ARTICLE 27. RETIREMENT HEALTH SAVINGS PLAN .............................................. 13 ARTICLE 28. WAGES .................................................................................................. 14 ARTICLE 29. INTERMITTENT LEAD WORKER ......................................................... 15 ARTICLE 30. DEPARTMENT LEAD DESIGNATION .................................................. 15 ARTICLE 31. TERM ..................................................................................................... 15 3 ARTICLE 1. PURPOSE OF AGREEMENT This AGREEMENT is entered into by and between the City of Mounds View, hereinafter called the CITY, and the named members of the Mounds View Public Works Collective Bargaining Unit, hereinafter called the EMPLOYEES. The intent and purpose of this AGREEMENT is to: 1.1 Establish the conditions that will govern the employment relationship between the CITY and the EMPLOYEES; 1.2 Establish hours, wages and other conditions of employment; 1.3 Establish procedures for the resolution of disputes concerning this AGREEMENT's interpretation and/or application; 1.4 Specify the full and complete understanding of the parties; and 1.5 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The CITY and the EMPLOYEES, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE 2. CITY AUTHORITY 2.1 The CITY retains the full and unrestricted right to operate and manage all labor force, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically addressed or limited by the AGREEMENT. 2.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall be governed by the Personnel Manual, which shall remain solely within the discretion of the CITY to modify, establish, or eliminate. In the event the CITY adopts a modification to the Personnel Manual, the CITY will notify the EMPLOYEES in a timely fashion and document their receipt of the revisions. ARTICLE 3. APPLICABILITY OF CITY PERSONNEL CODE 3.1 Except where specifically superseded by this agreement, the Personnel Manual of the CITY shall regulate all conditions of employment. 4 ARTICLE 4. GRIEVANCE PROCEDURE 4.1 The grievance procedure for the EMPLOYEES shall be as prescribed by Section 1.20 of the Personnel Manual. ARTICLE 5. DEFINITIONS 5.1 "EMPLOYEE" means an individual who has been hired by the City, and has successfully passed all required tests and qualifications, and who is employed on a schedule of at least 40 hours per week and 80 hours per pay period and who is subject to the terms of this agreement. 5.2 "EMPLOYER" refers to the City of Mounds View. 5.3 "DEPARTMENT" refers to the City of Mounds View Department of Public Works. 5.4 "BASE PAY RATE" means an employee's hourly pay rate exclusive of any other special allowances. 5.5 "SENIORITY" means length of continuous service with the CITY for purposes of promotion, transfer, layoff and recall. 5.6 "CALL BACK" means return of an employee to a specified work site to perform assigned duties at the express authorization of the CITY at a time other than an assigned shift. An extension of or an early report to an assigned shift is not a call back. 5.7 "STANDBY DUTY" means that an EMPLOYEE is assigned to specific hours outside the normal workday/workweek shift during which the EMPLOYEE must remain available to be reached by telephone and be ready to immediately return to work for call back purposes typically within forty-five (45) minutes, or less, of call back orders. ARTICLE 6. SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the CITY. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. 5 ARTICLE 7. WORK SCHEDULE 7.1 The sole authority for work schedules is the CITY. The normal workday for an EMPLOYEE shall be eight (8) hours, and the normal workweek shall be forty (40) hours. The normal work shift for the EMPLOYEES will be 7:00 am to 3:30 pm, Monday through Friday. Hours per day and days of the week may be varied if mutually agreed between the CITY and the EMPLOYEE. The CITY will not prevent the EMPLOYEE from working up to 80 hours in any given payroll period, except with two weeks advanced notice. The EMPLOYEES may collectively suggest alternatives for proposed reductions in hours. 7.2 Service to the public may require the establishment of regular shifts for some EMPLOYEES on a daily, weekly, seasonal or annual basis other than the normal workshift. The CITY will give seven (7) calendar days advance notice to the EMPLOYEES affected by the establishment of workdays different from the EMPLOYEES normal workshift. EMPLOYEES performing community center custodial duties may have their start time altered with twenty-four (24) hours notice. 7.3 In the event that work is required outside of the normal workday hours because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an EMPLOYEE working other than the normal work day be scheduled to work more than eight (8) hours, however, each EMPLOYEE has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the EMPLOYEE from so working. 7.4 Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. 7.5 EMPLOYEES who are called in to work prior to the starting time of the shift regularly assigned, due to, but not limited to, performing snow and ice control operations, or due to utility emergencies, weather emergencies, or a cargo spill that creates a hazard, shall be compensated at a preshift premium of $9.00 per hour for the preshift hours worked not to exceed $63.00 per event. When an EMPLOYEE qualifies for both overtime/comp time and preshift premium on the same shift, each hour of preshift pay earned will be eliminated for each hour of overtime/comp time earned. An EMPLOYEE called in to work early shall be afforded the right to work until the end of the EMPLOYEE'S otherwise normal shift not to exceed twelve (12) hours without supervisor approval. 7.6 In the event an EMPLOYEE, who is not on call, receives a phone call and is engaged in work-type activities for 15 minutes or more, EMPLOYEE will be compensation a minimum of 1 hour at 1 and 1/2 times his or her base rate. 6 ARTICLE 8. HOLIDAYS 8.1 Paid Holidays The following is a list of holidays for which EMPLOYEES will be paid: 1. New Year's Day 2. Martin Luther King's Birthday 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day after Thanksgiving Day 10. Christmas Day In the event that a holiday falls on a Saturday, the preceding Friday shall be a paid holiday, and in the event that a holiday day falls on a Sunday, the following Monday shall be a paid holiday. 8.2 Floating Holidays In addition to the ten Paid Holidays noted above, EMPLOYEES will have two Floating Holidays to be used each year. Floating Holidays not used by the end of the year shall be forfeited. Floating Holidays will be paid out as regular vacation time and shall be requested off and approved by the supervisor in the same manner as regular vacation time. ARTICLE 9. VACATION EMPLOYEES shall accrue vacation as follows: ACCRUAL SCHEDULE Years of Service 6 months - 1 year 1 through 5 years After 5 years through 10 years After 11 years After 12 years After 13 years After 14 years After 15 years After 20 years Days per Year 10 days 10 days 15 days 16 days 17 days 18 days 19 days 20 days 25 days 7 ARTICLE 10. OVERTIME PAY 10.1 Hours worked by EMPLOYEE in excess of either eight (8) hours within a twenty- four (24) hour period (except for shift changes) or more than eighty (80) hours within a fourteen (14) day pay period will be compensated for at one and one- half times the EMPLOYEE'S regular base pay. An EMPLOYEE working on a Paid Holiday will be compensated at normal holiday pay plus two times the EMPLOYEE'S regular base pay rate for hours worked. Overtime paid on holiday call-outs that fall on weekends will be paid for the holiday itself, not the observed day off. 10.2 Holiday hours, excluding Floating Holidays hours, will be considered hours worked for computation of overtime. 10.3 Overtime will be distributed as equally as practicable to each EMPLOYEE based upon a list maintained by the CITY and in consideration of any special skill requirements needed for overtime task. Work in progress will not be stopped merely to equalize overtime, but will continue with the crew assigned. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE 11. COMPENSATORY TIME EMPLOYEES who DO NOT participate in STANDBY DUTY as described in Article 23 of this agreement shall be allowed compensatory time as described in the City Personnel Manual. EMPLOYEES who DO participate in STAND BY DUTY as described in Article 23 of this agreement shall be allowed compensatory as described as follows: 11.1. Compensatory time-off in lieu of cash payment is allowed only in accordance with the Fair Labor Standards Act for all permanent non-exempt employees. Compensatory time is compensated at a rate of one and one-half times the hours worked in excess of the established work-week. 11.2. An EMPLOYEE may not use any more than 160 hours of compensatory time per calendar year. 11.3. The maximum total accrued compensatory time balance shall not exceed 60 hours per EMPLOYEE at the end of each pay period. 11.4. The respective Department Head or the City Administrator must give prior approval for any accumulation of compensatory time by an employee. 8 11.5. The respective Department Head or the City Administrator must give prior approval for any use of compensatory time by an EMPLOYEE. If an EMPLOYEE is terminated from employment they will be compensated for accumulated compensatory time earned up to the above stated maximum. 11.6. Any accumulated compensatory time not used by the end of the last pay period in November shall be cashed out. ARTICLE 12. CALL BACK Except as noted in Article 7.5 of this Agreement, an EMPLOYEE called in for work at a time other than the EMPLOYEE'S normal scheduled shift will be compensated for a minimum of two (2) hour's pay at one and one-half (1 ½) the EMPLOYEE'S base pay rate. ARTICLE 13. LEGAL DEFENSE 13.1 EMPLOYEES involved in litigation because of gross negligence, ignorance of the laws, or non-observance of laws, may not receive legal defense by the CITY. 13.2 An EMPLOYEE who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the EMPLOYEE's employment, when such act is performed in good faith and under direct order of the CITY shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such EMPLOYEE in defending against such charge. 13.3 All EMPLOYEES will be covered by the CITY's professional liability coverage and, if necessary, named separately in the policy. ARTICLE 14. RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the CITY from subcontracting work performed by EMPLOYEES covered by this AGREEMENT. ARTICLE 15. DISCIPLINE The CITY will discipline EMPLOYEES only for just cause as defined in the City's Personnel Manual. Suspension, demotion and dismissal actions shall be in accordance with the CITY Personnel Manual. 9 ARTICLE 16. SENIORITY 16.1 Seniority will be the determining criterion for transfers, promotions and layoffs only when all job-relevant qualification factors are equal. 16.2 Seniority will be the determining criteria for recall when all job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled EMPLOYEES shall have ten (10) working days after notification of recall by registered mail at the EMPLOYEE'S last known address to report to work or forfeit all recall rights. ARTICLE 17. PROBATIONARY PERIODS 17.1 All newly hired or rehired EMPLOYEES will serve a twelve (12) month probationary period. 17.2 Reclassified positions held by EMPLOYEES that have exhausted the twelve (12) month probationary period will serve a six (6) month probationary period. EMPLOYEES will serve a six month (6) month probationary period in any job level in which the EMPLOYEE has not served a probationary period. 17.3 At any time during the probationary period, a newly hired or rehired EMPLOYEE may be terminated at the sole discretion of the CITY. 17.4 At any time during the probationary period, a promoted or reassigned EMPLOYEE may be demoted or reassigned to the EMPLOYEE's previous position at the sole discretion of the CITY. ARTICLE 18. SAFETY 18.1 The CITY and the EMPLOYEES agree to jointly promote safe and healthful working conditions, to cooperate in safety manners and to work in a safe manner. 18.2 The CITY will reimburse each employee up to $397.50 during the term of this agreement for the actual cost of CITY approved prescription safety glasses to be used during working hours. 18.3 If the EMPLOYEE'S safety glasses are damaged or destroyed in the course of assigned duties, the CITY will reimburse the employee for the cost of repairs to one pair of safety glasses per year, not to exceed the original purchase price subject to approval by the EMPLOYEE'S Supervisor. 10 ARTICLE 19. JOB POSTING 19.1 The CITY agrees that permanent job vacancies within the DEPARTMENT shall be filled based on the concept of "promotion from within" provided that applicants have the necessary qualifications to meet the standards of the job vacancy and have the ability to perform the duties and responsibilities of the job vacancy. 19.2 EMPLOYEES filling a higher job level based on the provisions of this Article shall be subject to the conditions of Article 17 (Probationary Period). 19.3 The EMPLOYER has the right of final decision in the selection of EMPLOYEES to fill posted jobs based on qualifications, abilities and experience. 19.4 Job vacancies within the Public Works Collective Bargaining Unit will be posted for five (5) working days so that EMPLOYEES can be considered for such vacancies. Only after the vacancy has been posted for five (5) working days and no response is received from any EMPLOYEE will the CITY proceed with filling the vacancy from an external source. ARTICLE 20. INSURANCE 20.1 The CITY will contribute a maximum $1,050 per month to each full-time EMPLOYEE for group health, dental, and life insurance including dependent coverage during 2017. In 2018 and 2019, the contribution shall be based on the rate of the health insurance premium increase, if any, as follows: If the Health Insurance Premium Increases by The Maximum Monthly EMPLOYER Contribution shall increase by Less than 1% No change 1% to 5% + $15 6% to 10% + $30 11% to 15% + $45 Greater than 15% + $60 20.2 EMPLOYEES not choosing dependent coverage cannot be covered at CITY expense for any additional insurance other than the individual group health and group life insurance. Additional life insurance can be purchased by EMPLOYEES at the EMPLOYEE's expense to the extent allowed under the CITY's group policy. ARTICLE 21. INJURY ON DUTY. The CITY and EMPLOYEES will comply with Minnesota Statutes and City policies concerning all EMPLOYEE injuries incurred while performing job duties. 11 ARTICLE 22. CLOTHING. 22.1 The CITY will reimburse each EMPLOYEE up to $144 during the term of the AGREEMENT for the actual cost of work related apparel. The work apparel is to be cleaned and kept in repair by the EMPLOYEE at the EMPLOYEE'S cost. 22.2 The CITY will reimburse each EMPLOYEE up to $382.50 during the term of the AGREEMENT toward the actual cost of safety shoes. Safety shoes must be above the ankle boot with a steel/composite reinforced toe. 22.3 The CITY will provide EMPLOYEES with all necessary safety wear, such as safety vests, safety gloves, protective eye wear, hearing protection, etc., excluding prescription eyeglasses, to perform assigned duties. 22.4 The CITY will provide work uniforms and the cleaning of said uniforms. 22.5 The CITY will provide new EMPLOYEES a one-time reimbursement, not to exceed $100.00 for the actual cost of coveralls. ARTICLE 23. STANDBY DUTY. 23.1 STANDBY DUTY is mandatory for all EMPLOYEES, excluding the Community Center Custodian, who are no longer subject to a probationary period. EMPLOYEES are assigned standby duty on a rotating basis for a seven (7) day period based on a list maintained by the CITY. 23.2 An EMPLOYEE assigned STANDBY DUTY shall be compensated at the rate of one (1) hour for each weekday (Monday through Thursday), two (2) hours for each Friday and three (3) hours for each Saturday and Sunday (twelve hours of Overtime Pay for each seven day assignment period.) The City will compensate EMPLOYEES an additional two (2) hours at overtime rates for each paid Holiday while assigned STANDBY DUTY. Such standby pay shall be in addition to other compensation the EMPLOYEE is entitled to under this AGREEMENT including call back pay should the EMPLOYEE be required to return to the City to perform emergency work. 23.3 The CITY expects the EMPLOYEE on standby duty to respond to call back assignments. If the assignment is refused without cause or the EMPLOYEE is unresponsive, the CITY will offer the assignment to other employees in accordance with Article 10.3 of this AGREEMENT. Refusal without cause or non-responsiveness may result in forfeiture of the stand-by compensation and potential disciplinary action in accordance with Article 15. 23.4 The CITY shall furnish a vehicle for the EMPLOYEE on STANDBY DUTY to use for the purpose of transportation to and from the EMPLOYEE's primary residence and the worksite. 12 23.5 A schedule of EMPLOYEES and their assigned STANDBY DUTY assignment dates shall be maintained by the Public Works Supervisor. EMPLOYEES may, with the permission of the Public Works Supervisor, trade STANDBY DUTY on a day-to-day basis with other employees eligible for STANDBY DUTY. Probationary employees, with a minimum of six (6) months of service, and the approval of the public works supervisor, can be added to the on-call rotation. ARTICLE 24. PERFORMANCE REVIEWS. 24.1 The CITY will perform a performance review on an annual basis to help guide the EMPLOYEE in areas that need to be more fully developed and to determine the job level to which the EMPLOYEE will be assigned for the next fiscal year. 24.2 Performance reviews will be prepared by each EMPLOYEE'S supervisor. Appeals must follow normal CITY personnel rules. ARTICLE 25. JOB CLASSIFICATION SYSTEM. 25.1 A three level job classification system designated as Levels A, B, and C will be used to classify EMPLOYEES and establish wages for all EMPLOYEES except the Lead Utility Worker and Community Center Custodian. In the event that there is a change in qualifications of an EMPLOYEE to meet all requirements, the EMPLOYEE must immediately contact his / her supervisor no later than the beginning of the next regular work shift after the event. Examples include: loss or expiration of driver's license or endorsements, loss of sewer/ water operators certificate, criminal traffic violations, etc. 25.2 Maintenance Worker -LEVEL A Requirements (minimum requirements): • Must meet minimum qualifications of position description. 25.3 Maintenance Worker - LEVEL B Requirements: • Meet or exceed all Level A requirements; and • Successful completion of one or more years with the City of Mounds View as a Full-Time Employee. • Possession of valid Minnesota Commercial Driver's license plus endorsements required by the CITY. (Class B License with Tanker Endorsement) • For current Level A employees, the following areas must be satisfactory or better on the most recent performance review: o Safe work practices and safe driving record. o Adherence to tardiness and sick leave policies. o Demonstrated ability to deal effectively and tactfully with the public. o Demonstrated ability to work with a minimum of on-site supervision. o Working knowledge of job fundamentals. o Adherence to all City policies and procedures. 13 25. 4 Maintenance Worker - LEVEL C Requirements • Meet or exceed all Level B requirements; and • Successful completion of three or more years with the City of Mounds View as a Full-Time Employee. • For Level B employees, the following areas must be satisfactory or better on the most recent performance review in order to be classified as Level C. o Demonstrated ability to lead a work crew. o Demonstrated ability to assist in scheduling other employees, materials, equipment and activities. o Demonstrated ability to assist in training of other employees. o Working knowledge of operations in all maintenance areas. o Demonstrated ability to assume supervisory duties in the absence of the Public Works Supervisor. o Demonstrated ability to respond to and resolve complaints effectively. ARTICLE 26. SEVERANCE. Upon separation from employment with CITY, an EMPLOYEE shall be provided severance compensation of accrued and unused vacation hours and accrued compensatory time. Unused Floating Holidays shall not be considered in the computation of severance compensation. Upon death of an EMPLOYEE, the beneficiary of the EMPLOYEE shall be paid any due severance. Severance benefits will be paid at the EMPLOYEE'S regular rate of pay on the last date as an EMPLOYEE. ARTICLE 27. RETIREMENT HEALTH SAVINGS PLAN. The City of Mounds View offers its employees a Retirement Health Savings Plan pursuant to Internal Revenue Code regulations through a third party administrator selected by the CITY. EMPLOYEES shall make the following contributions to the Retirement Health Savings Plan: 27.1 Upon separation from employment with the CITY, EMPLOYEES who have completed two years of service and leave in good standing shall contribute fifty percent (50%) of unused sick leave to the Plan, up to a maximum lifetime contribution of 960 hours. EMPLOYEES with more than ten years of continuous service shall have an increased maximum contribution such that for every year of completed service beyond ten, the maximum contribution shall be increased by 20 hours. For example, a fifteen-year employee's maximum lifetime contribution to the plan would be 1060 hours and a twenty year employee's maximum lifetime contribution would be 1160 hours, converted at a two-to-one rate. 27.2 All EMPLOYEES who are 45 years of age or older on January 1, 2008 shall contribute 2% of their salary to the Plan. All EMPLOYEES under the age of 45 as of January 1, 2008 shall contribute 1% of their salary to the Plan. Contributions to the Plan shall occur every pay period. 14 27.3 Subject to the maximum lifetime contribution as noted in Section 27.1, EMPLOYEES shall annually contribute accumulated sick leave balances in excess of 500 hours to the Plan, converted at a two-to-one rate. The maximum annual contribution shall be limited to 50 hours (25 hours as converted.) The annual contribution shall occur during the second to the last pay period of the year. ARTICLE 28. WAGES. 28.1 The following hourly wage schedule will be in effect for Public Works Maintenance Worker positions for the duration of this AGREEMENT. These rates will apply to all EMPLOYEES except for the Lead Utility Worker and the Community Center Custodian positions. 2020 2021 2022 LEVEL A 27.76 28.48 29.30 (90% of Level C) LEVEL B 29.30 30.03 30.93 (95% of Level C) LEVEL C 30.84 31.61 32.56 28.2 The following hourly wage schedule will be in effect for the Community Center Custodian position for the duration of this AGREEMENT. 2020 2021 2022 STEP 1 18.50 18.97 19.54 STEP 1.5 19.08 19.56 20.15 STEP 2 19.66 20.15 20.76 STEP 3 20.82 21.34 21.98 STEP4 21.97 22.52 23.20 STEP 5 23.13 23.71 24.42 28.3 The following hourly wage schedule will be in effect for the Lead Utility Worker for the duration of this AGREEMENT. 2020 2021 2022 34.95 35.82 36.89 28.4 The following hourly wage schedule will be in effect for the Parks Foreman and Streets Forman for the duration of this AGREEMENT. 2020 2021 2022 33.50 34.34 35.37 15 ARTICLE 29. INTERMITTENT LEAD WORKER 29.1 Under certain circumstances, the CITY may determine the need for an Intermittent Lead Worker to be in charge of a work crew. This determination will be made at the sole discretion of the City, as recommended by the supervisor and approved by the Department Head, based on the complexity of a task, the number of workers involved, the experience level of the workers assigned, or a combination of these factors. The determination of the CITY is final and not grievable. 29.2 The CITY will maintain a list for those EMPLOYEES who are to be considered for Intermittent Lead Worker assignments. Selections for Intermittent Lead Workers will be made from this list in accordance with the Supervisor's determinations of the best qualifications as approved by the Department Head. There will be no attempt to equalize distribution of Intermittent Lead Worker selections. 29.3 To be eligible on the Intermittent Lead Worker list an EMPLOYEE must have a job classification of Level C in accordance with Article 25. Selections will be only for those areas in which the individual is classified. 29.4 The Intermittent Lead Worker will receive an additional $2.00 per hour while assigned as the Intermittent Lead Worker. ARTICLE 30. DEPARTMENT LEAD DESIGNATION. An employee who has been designated by the CITY to be Department Lead during long-term vacancies of the Department Head shall receive $1.50 per hour additional compensation. ARTICLE 31. TERM. This AGREEMENT shall be effective as of January 1, 2020, and shall remain in full force and effect until December 31, 2022. 16 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this __________day of _____________________, 2020. CITY OF MOUNDS VIEW: ____________________________ _____________________________ Carol A. Mueller, Mayor Nyle Zikmund, City Administrator PUBLIC WORKS COLLECTIVE BARGAINING UNIT: Bruce Meehan, Representative Chris Atkinson, Representative Neil Hiatt, Representative Item No: 08G Meeting Date: January 13, 2020 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nate Harder, Chief of Police Item Title/Subject: Resolution 9222, Approving the Promotion of Ben Zender to the Position of Deputy Police Chief Background: The Police Department has an immediate need to fill the Deputy Police Chief position with the promotion of Ben Zender to Deputy Chief. Discussion: In December 2019, Deputy Chief Steve Menard retired from the Mounds View Police Department leaving the position of Deputy Chief vacant. A promotional process was conducted with Sgt. Ben Zender being selected for promotion to the position of Deputy Chief. Mr. Zender successfully passed the required testing procedures, which included an oral board, and an assessment and interview with Dr. Laura Pendergrass at Martin McAlister. Mr. Zender has been out on a job related medical leave and is expected to return the week of January 27th. The promotion and accompanying compensation would coincide with his actual return date. Recommendation: Staff recommends City Council approval of Resolution 9222 a resolution authorizing the promotion of Ben Zender to Deputy Police Chief. Deputy Chief Zender will be at Step 3 $50.28 and subject to a six month probationary period. Step 4 will occur at one year from the promotion date. Respectfully Submitted, ________ __________ Nate Harder Chief of Police RESOLUTION NO. 9222 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PROMOTION OF BEN ZENDER TO THE POSITION OF DEPUTY POLICE CHIEF WHEREAS, the City Council has approved a promotion to fill the vacancy of Deputy Police Chief in the Police Department, and the City of Mounds View has approved the procedures to fill these vacancies, and; WHEREAS, the approved hiring procedures consist of training and experience scoring, oral board interview, a psychological and leadership assessment, and; WHEREAS, staff of the Police Department has met with Ben Zender, and the Chief of Police recommends that he be appointed to the position of Deputy Police Chief. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View, Ramsey County, Minnesota does hereby appoint Ben Zender to the position of Deputy Police Chief effective upon the first day of his return from his work related medical leave at step 3 rate of pay ($50.28/hour) and subject to six month probationary period. Step 4 will occur at one year from the date of promotion. Adopted this 13th day of January, 2020. ____________________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ Nyle Zikmund, City Administrator (seal) Item No: 08H Meeting Date: January 13, 2020 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Resolution 9224, Approving an Increase in Hours for Barb Benesch Background: Ms. Benesch is the longest tenured employee working for the City of Mounds View, retiring in 2016 but returning to work part time in 2017. In 2018 she was re-employed permanently part-time and serves as the Executive Assistant to the City Administrator. Discussion: Due to health issues related to other staff, work load, and the desired permanence of the position staff is recommending we update the conditions/resolution under which we have been working that limited her hours to no more than 40 hours in two weeks. Recommendation: Staff recommends that her bi-weekly hour limit be raised to 58 with no more than 29 per week with the expectation it will average 48 the vast majority of the time while additional hours are needed during the absence of other key staff. In addition, Ms. Benesch did not receive her 2018 cost of living adjustment (COLA). It is Staff’s recommendation that the 2.75% COLA increase for 2018 be given in addition to the 3% 2020 COLA to Ms. Benesch’ s wage which brings it to what it should be for 2020 at $31.21. A budget adjustment will be needed in the amount of $18,000 to the appropriate payroll accounts to provide for the additional hours and wage adjustment. Respectfully Submitted, ________________________________ Nyle Zikmund City Administrator RESOLUTION NO. 9224 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING AN INCREASE IN HOURS FOR BARB BENESCH EXECUTIVE ASSISTANT TO CITY ADMINISTRATOR WHEREAS, Barb Benesch is the longest tenured employee that has worked for the City of Mounds View, and; WHEREAS, Ms. Benesch had retired but upon request, returned to work in a part time capacity, and; WHEREAS, her knowledge, skill, contributions, and abilities demand a recognition in status being clarified as permanent part time and hours be increased. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View, Ramsey County, Minnesota does hereby approve the increase in hours for the Executive Assistant to the Administrator position to 58 bi-weekly with no more than 29 per week; BE IT FURTHER RESOLVED that Ms. Benesch receives a 2018 COLA of 2.65 percent in addition to the 2020 COLA which, along with the increased hours, would increase payroll accounts budget by $18,000. Adopted this 13th day of January, 2020. ____________________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ Nyle Zikmund, City Administrator (SEAL) The Mounds View Vision A Thriving Desirable Community Item No: 8I Meeting Date: January 13, 2020 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Don Peterson, Public Works Director Item Title/Subject: Resolution 9225, Approving Revised Job Description for the Public Works Arborist – Parks Maintenance Introduction: Public Works Park Maintenance / Forester Andy Nelson resigned in November of 2019. Public Works Staff posted the position in order to hire a new employee. Only one qualified application was received. Public Works Staff reviewed the job description and made recommendations to the City Administrator to change the title of the Job Description from Parks Maintenance / Forestry to Public Works Arborist / Parks Maintenance. Discussion: The job description for the Public Works Park Maintenance / Forester has been reviewed with new updates and deletions. The job description is attached to this report with deleted duties denoted by “red lettering and strikethrough” feature and all corrected or new information in “blue lettering”. Staff requests the Council review the job position description and authorize review and pointing of the job description as needed. Below is the proposed schedule: Council Reviews and Approves new Position Description and Authorization to Advertise Position: January 13, 2020 Place on the League of Minnesota City Website and City’s website: January 14 Deadline for Submitting Applications: March 30 Review all Applications: April 1-8 Candidates Contacted for Interview: April 9 Interviews : April 13-17 Top Candidates Presented to City Council: April 27 Candidates starts employment: on or about May 18 Strategic Plan Strategy/Goal: Create a culture where employees desire to work and remain employed with Mounds View. Financial Impact: No financial Impact to the 2020 Budget. The Mounds View Vision A Thriving Desirable Community Resolution 9225 Staff Report Continued Recommendation: Staff recommends approval of the revised job description and to review/repoint as required. Respectfully Submitted, Don Peterson Public Works Director The Mounds View Vision A Thriving Desirable Community RESOLUTION NO. 9225 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING REVISED JOB DESCRIPTION FOR THE PUBLIC WORKS ARBORIST – FORESTRY AND PARKS MAINTENANCE WHEREAS, Public Works Parks Maintenance / Forester, Andy Nelson resigned in November of 2019; and, WHEREAS, Public Works posted the position in order to hire a new employee and only received one qualified application; and WHEREAS, Staff reviewed the job description to ensure the requirements accurately reflect the expectations of the City Council; and WHEREAS, Staff reviewed the job description and made recommendations for changes to the City Administrator; and WHEREAS, Staff recommends approval of the revised job description and to review/repoint as required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota approves the revised job description and authorizes the review and repointing as required. Adopted this 13th day of January, 2020 ____________________________________ Carol A Mueller, Mayor ATTEST: ____________________________________ Nyle Zikmund, City Administrator (seal) The Mounds View Vision A Thriving Desirable Community CITY OF MOUNDS VIEW POSITION DESCRIPTION Position Title: Maintenance Worker Department: Public Works – Parks Maintenance / Forester ARBORIST / PARKS MAINTENANCE Accountable to: Public Works Director FLSA Status: Non-Exempt (Public Works Collective Bargaining Unit) PRIMARY OBJECTIVE OF POSITION To perform a wide variety of skilled and general maintenance work activities and functions including operating, maintaining, inspecting, and repairing the municipal infrastructure and equipment associated with the parks, urban forest drinking water supply, treatment, storage, and distribution system; wastewater collection system; stormwater conveyance, ponds, and treatment systems; streets, sidewalks, and trails; recreation facilities; and buildings and grounds. Maintenance Workers are responsible for completing work assignments of an appointed maintenance subdivision and may perform work tasks of other subdivisions when assigned by the Public Works Superintendent, including participating in the Standby Duty and Call Back programs for after-hours and weekend maintenance, repairs, and emergencies. SUPERVISION RECEIVED Direct supervision is provided by the Public Works Superintendent. SUPERVISION EXERCISED May perform lead worker duties for a work crew of full-time and/or seasonal maintenance workers when assigned by the Public Works Superintendent. ESSENTIAL DUTIES AND RESPONSIBILITIES All subdivisions:  Participate in snow plowing and ice control operations on streets, trails, sidewalks, municipal parking lots, and municipal building entrances and walkways.  Assist and participate in responding to emergencies affecting municipal infrastructure function including storm debris clean up, water and sewer pipe breaks, traffic control, flooding, and other urgent matters.  Operate a variety of common industry and specialized vehicles, heavy and light equipment, machinery, and tools. Assist and participate in routine maintenance and repair of such vehicles, equipment, machinery, and tools. Clean and restore vehicles, equipment, and tools after use.  Perform difficult and other routine manual labor during completion of work tasks and assignments.  Troubleshoot, correct, and repair municipal infrastructure, equipment, and tools to ensure proper function and long-lasting performance in a cost effective manner.  Execute work assignments including preparatory activities of fueling vehicles and equipment, purchasing materials and supplies, installing temporary traffic control and erosion/sediment control devices, and transporting materials and equipment to work sites.  Document and record maintenance, inspections, repairs, installations, and other work activities in accordance with records retention schedules and department requirements.  Participate in the Public Works “Standby Duty” and “Call Back” programs for after-hours and weekend maintenance, repairs, and emergencies. The Mounds View Vision A Thriving Desirable Community  Assist and participate in essential duties of other subdivisions when assigned by Public Works Superintendent. Parks:  Perform turf maintenance and landscape duties in parklands and grounds including mowing and edging lawns and athletic fields, rough cutting, pulling weeds, grading, seeding and sodding, applying fertilizer and pesticides, mulching, watering plants and trees, sweeping, removing litter, trimming trees and shrubs, and clearing fallen trees, brush, leaves, and debris.  Maintain and repair park and recreation facilities and equipment involving playgrounds, baseball and softball fields, tennis, basketball, and volleyball courts, athletic and security lighting, ice hockey and staking rinks, drinking fountains, fencing, site amenities, and other park equipment.  Operate, maintain, and repair the park and grounds irrigation systems including setting clocks and controllers, adjusting and replacing broken heads and valves, and repairing irrigation line breaks.  Perform janitorial and light building maintenance duties in park buildings and shelters including cleaning and sanitizing restrooms, stocking supplies, picking up litter, emptying trash containers, replacing light bulbs, painting, washing windows, and cleaning outdoor furniture.  Participate in inspecting and diagnosing park and recreation facilities and equipment for unsafe and hazardous conditions. Take notice of park activities during work assignments that may cause harm to the public or park facilities. Remove graffiti and repair damage from acts of vandalism. Forestry:  Completes tree planting and re-forestation of City property as assigned. Thorough knowledge of procedures, polices, and practices of tree planting maintenance (wrapping, guying, watering, mulching, weeding), pruning, trimming, disease inspection removal requirements.  Monitors and inspects diseased and hazardous trees in the community on both public and private property. Exhibits the knowledge and ability to identify Oak Wilt, Emerald Ash Borer, Dutch Elm and other diseases and insects associated with native and exotic trees.  Assists property owners by consulting on the health of trees on private property, answering questions both in person and verbally; conducts field inspections and diagnose plant health.  Completes regular tree inventories of City Property and maintains accurate records relating to the City’s tree maintenance practices and inventory.  Assist in making recommendations in updating or amendments to the City ordinance with regard to forestry issues. OTHER DUTIES AND RESPONSIBILITIES  Keep maintenance facility and work areas in a safe, clean, and organized condition.  Attend and participate in internal and external safety and certification training.  Oversee the work of seasonal maintenance workers while leading a work crew when assigned by the Public Works Superintendent and provide on-the-job training in completion of work duties. MINIMUM QUALIFICATIONS** Education and Experience:  High School Diploma or GED and  One year experience in general, skilled, or semi-skilled labor performing maintenance, repair, construction, or other similar job-related tasks on municipal infrastructure or operating motorized equipment for these activities; or any equivalent combination of education and experience.  Associates degree in forestry, horticulture, natural resources or closely related field.  Minimum two years’ experience within the park maintenance field with similar duties as listed in job description.  Minimum two years’ experience in forestry horticulture, natural resources or closely related field.  Minnesota Arborist Certification (or the ability to obtain within one year of hire). The Mounds View Vision A Thriving Desirable Community Licenses and Certificates:  Possession of a valid Minnesota Class B commercial driver’s license with air brake endorsement; must obtain tanker endorsement within 6 months of employment.  Current Minnesota Department of Agriculture Tree Inspector Certification.  Minnesota Department of Agriculture Pesticide A&E applicators license (must obtain within 30 days of hire if not certified).  Possession of a Water Supply System Operator Class D certificate issued by Minnesota Department of Health or obtains within 18 months of employment. Maintenance Workers appointed to the Drinking Water subdivision require a Class D certificate at time of employment and are required obtain a Class B certificate within 5 years of employment.  Possession of a Wastewater Operator Class S-D certificate issued by Minnesota Pollution Control Agency or obtains within 18 months of employment. Maintenance Workers appointed to the Wastewater subdivision require a Class S-D certificate at the time of employment and must obtain a Class S-C certificate within 3 years of employment. DESIRED QUALIFICATIONS Education and Experience:  Two years or more experience in general, skilled, or semi-skilled labor performing maintenance, repair, construction, or other similar job-related tasks on municipal infrastructure or operating motorized equipment for these activities. NECESSARY KNOWLEDGE, SKILLS, AND ABILITIES Knowledge of:  General principles and practices of municipal infrastructure operations and functions.  Methods, techniques, and procedures for operating, maintaining, and repairing infrastructure of assigned subdivision, including purpose and proper use of equipment, tools, and materials.  Proper safety precautions related to all work performed, including safe handling and application of chemicals used in work and stored on site. Skill in:  Operating hand and power tools, mechanical equipment, vehicles, and other heavy and light equipment commonly used for essential duties and responsibilities of assigned subdivision.  Basic use of computers and software programs; experience with Microsoft Office Suite and SCADA systems preferred.  Assessing in-field conditions and problems and determining workable solutions to resolve them with limited supervision. Ability to:  Work on-call and participate in rotating standby duty schedule.  Work independently or on a team and complete daily work tasks and multi-day project assignments while meeting a work schedule.  Perform difficult manual labor tasks including lifting heavy objects, stooping, bending, and twisting; including performing work tasks for extended periods of time and in adverse weather conditions.  Learn how to perform general, skilled, and semi-skilled tasks in a variety of construction, maintenance, repair, and inspection activities; learn how to operate tools and equipment of other maintenance subdivisions.  Read maps, construction and as-built drawings, tie sheets, and sketches.  Keep accurate records of time sheets, work assignments, inspection and maintenance activities, repair materials, purchase receipts, and as-built information in hard copy and electronic formats.  Obtain and keep current all licensures and certificates required for position.  Make recommendations to Superintendent on operating and maintenance matters involving personnel, equipment, procedures, policies, etc. that will improve division functions. The Mounds View Vision A Thriving Desirable Community  Establish and maintain cooperative working relationships with those contacted in the course of work, including co-workers, other departments, other agencies, vendors, and the public.  Communicate effectively, in English, both verbally and in writing. TOOLS AND EQUIPMENT USED  Common industry vehicles including snow plowing and dump trucks, utility and pickup trucks, aerial bucket truck, water tanker truck, and trailers.  Common construction equipment including backhoe/loader, front-end loader, skid steer, steel drum roller, plate compactor, air compressor, concrete mixer, generator, concrete saw, jackhammer, welding machine, chop saw, milling machine, router, line striper and air brush painters, trencher, trench box, and light towers.  Specialized industry equipment including mechanical street sweeper, combination jetting/vacuum sewer cleaning truck, crack sealing kettle and distributor machine, asphalt hot box, trash pump, pneumatic post driver, jib crane, motorized valve wrenches, and other specialized equipment.  Common turf and landscape maintenance equipment including push and riding mowers, all- terrain implement carriers, utility vehicles, sprayers, aerators, dethatchers, split seeder, line trimmer, leaf blower, chain saw, pole saw, and other machinery and implements.  Common hand and power tools including hammers, electric drills, saws, shovels, rakes, lutes, wrenches, sanders, tampers, and pressure sprayers.  Inspection, monitoring, and communication devices including utility line locater, gas detection device, CCTV robotic sewer camera, pole camera, laser level, mobile and 800-mHz radios, telephone, computer, copier, and SCADA (supervisory control and data acquisition) system.  Office tools and equipment including telephone, copier, personal computer, calculator, mobile radios, and 800-mHz radios. PHYSICAL DEMANDS/WORK ENVIRONMENT The physical demands and work environment characteristics described herein are representative of those physical demands that must be met by an employee to successfully perform the essential functions of this job and work environment characteristics an employee encounters while performing essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands: While performing the duties of this job, the employee is regularly required to use hands and fingers to handle, feel, and operate objects, tools, or controls. The employee is frequently required to stand, walk, sit, climb, balance, stoop, kneel, crouch, crawl, reach, talk, and hear. The employee must frequently lift and/or move up to 25 pounds and occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. The employee must have a sense of smell. Work Environment: While performing the duties of this job, the employee regularly works in outside weather conditions year round. The employee frequently works near moving mechanical parts and equipment and is exposed to vibration and wet and/or humid conditions. The employee occasionally works in high, precarious places and is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of electrical shock. The noise level in the work environment is usually loud. SELECTION GUIDELINES Formal application, resume and cover letter: rating of education/training and experience; oral interview, job related test, reference checks, and hiring assessments. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or logical assignment to the position. The position description does not constitute an employment agreement between the employer and The Mounds View Vision A Thriving Desirable Community employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approval: _________________________ Approval: ________________________ Mayor City Administrator Effective Date: February 12, 2018 Hay: points Revised: January 13, 2020