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HomeMy WebLinkAboutAgenda Packets - 2020/02/10CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, February 10, 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 9234, Approving A One-time compensation Payment To Barb Benesch D. Resolution 9236 Approving 2020 Public Works Parks Seasonal Positions E. Resolution 9238, Approving the Continual MNDOT Master Partnership Contract between the City of Mounds View and Minnesota Department of Transportation 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. Police Chief Nate Harder – Annual Report B. Jerry Hromatka – Northeast Youth and Family Services (pending) 8. COUNCIL BUSINESS A. PUBLIC HEARING: Ordinance 972, Title 1200, Chapters 1201, 1202, 1203 and 1205 relating to Land Subdivisions. Second Reading, adoption and summary publication. ROLL CALL VOTE. B. Resolution 9233 Approving Transfers between Funds for 2019 C. Resolution 9237, Approving Development Agreement for Long Lake Woods Second Addition 9. REPORTS A. Reports of Mayor and Council C. Reports of City Attorney 10. NEXT COUNCIL WORK SESSION: March 2, 2020 NEXT COUNCIL MEETING: February 24, 2020 11. ADJOURNMENT PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 January 27, 2020 6 Mounds View City Hall 7 2401 Mounds View Boulevard, Mounds View, MN 55112 8 7:12 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Gunn, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: Bergeron (excused). 18 19 4. APPROVAL OF AGENDA 20 A. Monday, January 27, 2020, City Council Agenda. 21 22 MOTION/SECOND: Gunn/Meehlhause. To Approve the Monday, January 27, 2020, agenda as 23 presented. 24 25 Ayes – 4 Nays – 0 Motion carried. 26 27 5. CONSENT AGENDA 28 29 Mayor Mueller asked to remove Item 5D. 30 31 A. Approval of Minutes: January 13, 2020 32 B. Just and Correct Claims. 33 C. Resolution 9226, Accepting Miscellaneous Donations for 2019. 34 D. Resolution 9228, Appoint Planning Commission Chair for 2020. 35 36 MOTION/SECOND: Meehlhause/Hull. To Approve the Consent Agenda as amended removing 37 Item 5D. 38 39 Ayes – 4 Nays – 0 Motion carried. 40 41 D. Resolution 9228, Appoint Planning Commission Chair for 2020. 42 43 Mayor Mueller stated the Planning Commission recommended Gary Stevenson serve as the 44 Chair for 2020. She thanked Gary Stevenson for his dedicated service to the community. 45 Mounds View City Council January 27, 2020 Regular Meeting Page 2 1 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 9228, 2 Appoint Planning Commission Chair for 2020. 3 4 Ayes – 4 Nays – 0 Motion carried. 5 6 6. PUBLIC COMMENT 7 8 Kathie Anderson, 8370 Sunnyside Road, stated as a citizen of Mounds View she found great joy 9 in the City having decorations for Christmas. She supported the City decorating the three large 10 spruce trees in front of City Hall. She noted the Mounds View Lions would be interested in 11 partially sponsoring the purchase of these lights. 12 13 7. SPECIAL ORDER OF BUSINESS 14 15 None. 16 17 8. COUNCIL BUSINESS 18 A. Resolution 9227, Amending Section 3.20(D) of the Personnel Manual to 19 Increase the Amount of Sick Leave Allowed to be Converted to Health Club 20 Dues. 21 22 City Administrator Zikmund requested the Council amend Section 3.20(D) of the Personnel 23 Manual to increase the amount of sick leave allowed to be converted to health club dues. He 24 explained the current policy allows for the conversion of sick leave to cover the expense of 25 health club dues as a part of the benefits package. He recommended the Council make this 26 available to all employees including Police Officers and Sergeants. 27 28 MOTION/SECOND: Hull/Gunn. To Waive the Reading and Adopt Resolution 9227, 29 Amending Section 3.20(D) of the Personnel Manual to Increase the Amount of Sick Leave 30 Allowed to be Converted to Health Club Dues. 31 32 Ayes – 4 Nays – 0 Motion carried. 33 34 B. Resolution 9221, Approving a Three Year Labor Agreement with LELS 232 35 Police Sergeants Effective January 1, 2020, through December 31, 2022. 36 37 City Administrator Zikmund requested the Council approve a three year Labor Agreement with 38 LELS 232 Police Sergeants effective January 1, 2020 through December 31, 2022. He discussed 39 the negotiations that were held with the Police Sergeants noting all discussions were positive. He 40 commented on the COLA adjustment and noted the department was in the top one-third of the 41 departments in the State of Minnesota. He reported a rate study would be needed for the next 42 contract. He commented on how important it was for the City to maintain its highly trained 43 officers and sergeants. 44 45 Mounds View City Council January 27, 2020 Regular Meeting Page 3 Council Member Gunn noted several grammatical changes within the Labor Agreement. 1 2 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 9221, 3 Approving a Three Year Labor Agreement with LELS 232 Police Sergeants Effective January 1, 4 2020, through December 31, 2022. 5 6 Council Member Meehlhause thanked City Administrator Zikmund and staff for working 7 through the labor negotiations with the Police Unions. 8 9 Ayes – 4 Nays – 0 Motion carried. 10 11 C. Resolution 9220, Approving a Three Year Labor Agreement with the LELS 12 204 Police Patrol Effective January 1, 2020 through December 31, 2022. 13 14 City Administrator Zikmund requested the Council approve a three year Labor Agreement with 15 LELS 204 Police Patrol effective January 1, 2020 through December 31, 2022. He discussed the 16 negotiations that were held with the Police Patrol and Investigators noting all discussions were 17 positive. He commented on the COLA adjustment and noted there was a desire to convert SRO 18 and FTO stipends. He explained a market rate study was requested and staff denied this request. 19 However, he noted a market rate study would be required with the next contract. He reported an 20 increase was requested for FTO and comp time for outreach. He noted this request would be 21 further considered through an MOU. He explained the Council would be discussing this matter 22 in further detail at a Closed Session on Monday, February 3rd. He indicated he would be meeting 23 with the HR Committee later this week. 24 25 Mayor Mueller stated she supported the Council approving the contract as submitted and looked 26 forward to discussing the MOU matters with staff on Monday in a Closed Session meeting. 27 28 MOTION/SECOND: Hull/Meehlhause. To Waive the Reading and Adopt Resolution 9220, 29 Approving a Three Year Labor Agreement with the LELS 204 Police Patrol Effective January 1, 30 2020 through December 31, 2022. 31 32 Council Member Meehlhause commented on the labor agreement and recommended seniority 33 not be the number one criteria when considering forced reductions within the Police Department. 34 He recommended job performance be used for this measure. 35 36 Ayes – 4 Nays – 0 Motion carried. 37 38 D. Resolution 9229, Approving the Plans and Specifications and Authorizing 39 Bidding for the 2020 Street Project. 40 41 Public Works Director Peterson requested the Council approve the Plans and Specifications for 42 authorizing bidding for the 2020 Street Project. He explained the 2020 project would include of 43 Quincy Street from County Road H2 to County Road I along with Sherwood Place, north of 44 Mounds View Drive. The project costs and project timeline were reviewed in further detail with 45 Mounds View City Council January 27, 2020 Regular Meeting Page 4 the Council. The location of the school and trail crossing was described. He commented further 1 on the improvements that would be made and recommended approval of the Plans and 2 Specifications and authorizing the project for bid. 3 4 Council Member Meehlhause asked if the Street Improvement Fund would cover this cost. 5 Finance Director Beer reported the City had enough funds in reserve to cover the expense of this 6 project. 7 8 Council Member Meehlhause recommended the sewer lines along Sherwood Place be slip lined. 9 10 Mayor Mueller questioned if how long each of the projects would take. Public Works Director 11 Peterson reported Sherwood Place would be completed in a day or two and Quincy Street would 12 be a longer project. 13 14 Mayor Mueller requested Quincy Street be completed or be open for use by August 20th in order 15 to accommodate the Festival in the Park parade. Public Works Director Peterson stated he would 16 make the contractor aware of this requirement. 17 18 Finance Director Beer reported there would be no street improvement projects in 2021 as the 19 City would be rebuilding its funds in order to complete more projects in 2022. 20 21 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 9229, 22 Approving the Plans and Specifications and Authorizing Bidding for the 2020 Street Project. 23 24 Ayes – 4 Nays – 0 Motion carried. 25 26 E. Resolution 9230, Approving the Plans and Specifications and Authorizing 27 Bidding for Building Repairs at Wells 5 and 6. 28 29 Public Works Director Peterson requested the Council approve the Plans and Specifications and 30 authorize biding for building repairs at Wells 5 and 6. He reported the City was working to 31 rehabilitate its water treatment facilities. The project timeline was described. Staff reviewed the 32 estimated expense for the repairs with the Council and recommended approval. 33 34 Mayor Mueller asked if the wells would remain in service during the repairs. Public Works 35 Director Peterson reported the wells would remain in service and there would be no interruption 36 in City services. 37 38 MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 9230, 39 Approving the Plans and Specifications and Authorizing Bidding for Building Repairs at Wells 5 40 and 6. 41 42 Ayes – 4 Nays – 0 Motion carried. 43 44 F. Resolution 9231, Authorizing Conveyance of the City of Mounds View 45 Mounds View City Council January 27, 2020 Regular Meeting Page 5 Property to the Mounds View Economic Development Authority. 1 2 City Attorney Riggs requested the Council authorize the conveyance of the City of Mounds View 3 property to the Mounds View Economic Development Authority (EDA). He explained the EDA 4 discussed this matter previously. He explained the conveyance would allow the City’s right with 5 respect to the remnant property and the property would be properly transferred to the EDA. 6 7 Mayor Mueller asked if the deed tax due on this property was $1.65. City Attorney Riggs 8 reported this amount was correct. 9 10 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 9231, 11 Authorizing Conveyance of the City of Mounds View Property to the Mounds View Economic 12 Development Authority. 13 14 Ayes – 4 Nays – 0 Motion carried. 15 16 G. Resolution 9232, Approving the Purchase of Two Portable Basketball Hoops 17 for the Community Center. 18 19 Public Works Director Peterson requested the Council approve the purchase of two portable 20 basketball hoops for the Community Center. He explained the existing portable hoops were 15 21 years old and were in need of replacement. He reported the expense for two new portable hoops 22 would be $15,749.74. Staff recommended the Council approve the purchase from BSN Sports. 23 24 Finance Director Beer recommended the last “whereas” statement within the Resolution be 25 struck. 26 27 Mayor Mueller noted a typo within the Resolution and recommended a sentence be removed. 28 29 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 9232, 30 Approving the Purchase of Two Portable Basketball Hoops for the Community Center. 31 32 Ayes – 4 Nays – 0 Motion carried. 33 34 9. REPORTS 35 A. Reports of Mayor and Council. 36 37 Council Member Gunn reported the Mounds View Police Foundation would be meeting on 38 Tuesday, February 4th. She encouraged residents to purchase their tickets for the Daddy 39 Daughter Dance which would be held on Saturday, February 8th. 40 41 Council Member Gunn explained the Festival in the Park Committee would be meeting on 42 Tuesday, February 18th at the Community Center at 7:00 p.m. 43 44 Mounds View City Council January 27, 2020 Regular Meeting Page 6 Council Member Meehlhause stated he attended a Twin Cities Gateway Board of Directors 1 meeting last week. He was pleased to report 2019 was the second best year for this organization. 2 With this being said, he estimated the City would be receiving less in funding from Twin Cities 3 Gateway because budgeting changes were made. He encouraged the Council Members to visit 4 Twin Cities Gateway’s new website. 5 6 Council Member Hull reported he spoke with a landlord at Landmark Estates regarding concerns 7 he had with his rental license fee noting it increased from $1,600 to $4,500. He reported this 8 landlord was delinquent on this fee which led to additional late fees. He questioned what the 9 City could do to help this individual who now owed the City around $8,800. City Administrator 10 Zikmund stated the City Council could discuss this matter at the March worksession meeting. 11 He explained the Council discussed adjusting rental license fees last August after finding the 12 City’s rental license fees were less than half of comparable cities. He indicated the City did not 13 move to the top this list, but moved to be more competitive. He reported these new fees could be 14 deeply discounted if the landlord were to participate in the crime free multi-housing program. He 15 stated Landmark Estates fees could have been reduced to $2,200 but they did not participate in 16 either program. He commented further on the timeline that was followed for the rental licenses. 17 He noted this was the only large apartment complex in the City that was not in compliance. He 18 clarified for the record there was intentional behavior on the landlord’s part to not pay the fee. 19 He indicated the landlord had paid the fee but has not paid the late fee. 20 21 Council consensus was to discuss this matter further at the March worksession meeting. 22 23 Council Member Gunn questioned if Airbnb’s were included within the rental license process. 24 City Administrator Zikmund reported Airbnb’s were not licensed in the City. He recommended 25 the Council discuss this matter further at the March worksession. 26 27 City Attorney Riggs advised it was his understanding a use was not allowed if it was not covered 28 in City Code. 29 30 Mayor Mueller noted volunteers were still needed to assist with planning this years Festival in 31 the Park. She encouraged residents to consider getting involved by serving on the Festival in the 32 Park Committee. 33 34 Mayor Mueller reported she attended a League of Minnesota Cities Training Conference last 35 Friday and Saturday. She discussed the training sessions she attended. 36 37 Mayor Mueller stated registration opened today for a League of Minnesota Cities Webinar on the 38 Do’s and Don’ts for Social Media. She urged other City officials and staff to register for this 39 training. 40 41 B. Reports of Staff. 42 43 Mounds View City Council January 27, 2020 Regular Meeting Page 7 Finance Director Beer reported the City was undergoing an audit at this time and the official 1 report from MMKR would go to the Council in April. He noted he received the Certificate of 2 Achievement for Excellence in Financial Reporting for the 17th time. 3 4 City Administrator Zikmund stated the City received an appraisal on the street parcel for the 5 Long Lake Woods project. He explained he would visit with the property owner. He noted 6 efforts that have been made by Kennedy & Graven have not been successful. He reported the 7 City would be going to court to get a quick claim deed for the street parcel. 8 9 The Council supported staff speaking with the land owner. 10 11 Mayor Mueller recommended the Council revisit this issue at the Closed Session meeting on 12 Monday, February 3rd after staff speaks with the property owner. 13 14 City Administrator Zikmund reported the documentation for the Tom and Lisa Fields easement 15 was now complete. He explained staff would be sending the Fields the entire agreement in order 16 to get this property platted. 17 18 C. Reports of City Attorney. 19 20 City Attorney Riggs had nothing additional to report. 21 22 10. Next Council Work Session: Monday, February 3, 2020, at 6:30 p.m. 23 Next Council Meeting: Monday, February 10, 2020, at 6:30 p.m. 24 25 11. ADJOURNMENT 26 27 The meeting was adjourned at 8:56 p.m. 28 29 Transcribed by: 30 31 Heidi Guenther 32 Minute Maker Secretarial 33 The Mounds View Vision A Thriving Desirable Community Item No: 05C Meeting Date February 10, 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 9234, Approving A One-time compensation Payment To Barb Benesch Introduction: Barb Benesch is a long term employee who retired from service but returned to employment on a temporary part time basis. Discussion: Since her return, job duties and employment conditions have changed and continue to evolve. Due to the nature of her hire and employment status, the compensation and policy was based on the hiring resolution. Council was asked and did adopt an updated resolution this past month that increased the hours available to work and adjusted the wage for COLA’s. This adjustment is the mathematical amount for that COLA amount specific to calendar years 2018 and 2019. This is a one-time compensation payment. The HR Committee reviewed without recommendation to the full council which reviewed the item at their February 3, 2020 executive session whereupon staff was directed to draft this resolution of support. Strategic Plan Strategy/Goal: Create a culture where employees desire to work and remain employed with Mounds View Financial Impact: Using the 3% COLA and time sheet records the one-time payment amount is $2,311. This is the gross and appropriate deductions will be made as this is a payroll/W-2 compensation. Recommendation: Staff recommends the Council adopt resolution 9234 Respectfully submitted, Nyle Zikmund The Mounds View Vision A Thriving Desirable Community RESOLUTION NO. 9234 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A ONE TIME COMPENSATION PAYMENT TO BARB BENESCH WHEREAS, Ms. Benesch is a long serving employee who had retired but returned to work at our request on a temporary part time basis; and WHEREAS, compensation was based on a council adopted resolution; and WHEREAS, situations and changes have resulted in a need to update and amend the relationship which council did adopt a resolution in January providing COLA’s and increased hours; and WHEREAS, The City values the relationship and efforts by Ms. Benesch and recognizes the change in expectations justifies this one-time compensation payment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby approve a one-time compensation payment of $2,311 which is the calculated amount of the 2018 and 2019 COLA for the time actually worked. Adopted this 10th Day of February, 2020. _______________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ Nyle Zikmund, City Administrator (seal) Item No: 5D Meeting Date: February 10, 2020 Type of Business: Consent Agenda Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Rayla Sue Ewald, Human Resources Coordinator Item Title/Subject: Resolution 9236, Approving the 2020 Public Works Seasonal Positions Introduction: On March 26, 2001, the City Council adopted Resolution 5546, which describes the procedure for hiring Seasonal Employees. This resolution requires the City Council approve all seasonal positions. Discussion: Annually the City Council has approved the hiring of seasonal Public Works positions. Resolution 5546 requires the approval take place six (6) weeks prior to the actual hiring of seasonal staff. Seasonal Employees benefit the City by providing labor services during periods of higher labor demand at much lower pay rates keeping overall labor costs down. In return, seasonal employees benefit from the skills and work ethics they learn on the job. As a result, employees and citizens benefit from the seasonal employee program. Staff is recommending hiring nine (9) seasonal employees for up to 119 consecutive days each in the summer or fall. • Summer Seasonal Employees – Duties include general Public Works and parks maintenance. • Fall Seasonal Employees – Duties by the Parks Division include fall activities such as mowing, leaf clean up, mower maintenance, assisting with brush removal and tree trimming, and providing assistance in year-end maintenance activities. Staff recommends newly hired seasonal positions be compensated at $14.50/hour and returning seasonal workers compensated at $15.00/hour. Each summer seasonal employee may work up to 40 hours per week but will not exceed 119 consecutive calendar days (17 weeks of employment). Fall seasonal employees may work either a part-time or full-time schedule depending on availability. Recommendation: Staff is recommending approval of Resolution 9236 Approving the Seasonal Public Works Positions for 2020. Respectfully submitted, Rayla Sue Ewald Human Resources Coordinator Attachment(s): 1. Res. 9236 RESOLUTION 9236 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE 2020 PUBLIC WORKS SEASONAL POSITIONS WHEREAS, resolution 5546 requires that seasonal positions must be approved by the Mounds View City Council; and WHEREAS, seasonal employees benefit the City by providing labor services that are relatively less expensive and are available during periods of greater labor; and WHEREAS, the City of Mounds View Public Works Department does have a need to hire seasonal employees; and WHEREAS, the Public Works Department is recommending that seasonal positions be approved for two periods throughout 2020; and WHEREAS, said periods are Summer and Fall; and WHEREAS, for 2020, Staff is recommending that new hires start at the hourly rate of $14.50/hour and returning seasonal workers would be compensated at $15.00/hour. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The 2020 Summer Seasonal Public Works Positions are approved – a total of seven (7) positions. These positions would start in approximately mid-to late-May 2020 and terminate in mid-to late-August 2020. However, one (1) Utilities Division and one (1) Parks Division seasonal employee typically begin employment in April. 2. The 2020 Fall Seasonal Public Works Positions are approved - a total of two (2) positions in the Parks Division of Public Works. These positions would start approximately in mid to late August 2020 and terminate by the end of the year, weather permitting. 3. All Public Works seasonal positions will be filled with new hires starting at an hourly rate of $14.50/hour. Returning seasonal workers will be compensated at an hourly wage of $15.00/hour. 4. Each seasonal position may work up to forty (40) hours per week. 5. The duration of the Public Works seasonal positions shall not exceed 119 calendar days. The Mounds View Vision A Thriving Desirable Community Resolution 9236 Page 2 Adopted this 10th day of February, 2020. ____________________________________ Carol A. Mueller, Mayor ATTEST: ____________________________________ Nyle Zikmund, City Administrator (SEAL) The Mounds View Vision A Thriving Desirable Community Item No:5E Meeting Date: February 10, 2020 Type of Business: Consent Agenda Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Don Peterson, Public Works Director Item Title/Subject: Resolution 9238, Approving the Continual MNDOT Master Partnership Contract between the City of Mounds View and Minnesota Department of Transportation Background/Discussion: The Minnesota Department of Transportation work with local governments on transportation services in order to maximize efficient delivery of these services to all levels of government. MNDOT has expressed a desire to continue the on-going relationship with the City of Mounds View in providing services such as: • Professional and Technical Services • Roadway Maintenance • Construction Administration • Emergency Services In order to continue this relationship and providing these services, MNDOT requires that the City of Mounds View approve a Master Partnership Contract between the City and MNDOT. The City Attorney has reviewed the contract and prepared the attached Resolution. Strategic Plan Strategy/Goal: Maintain and Plan for Infrastructure Improvements. Financial Impact: No Financial Impact to the Budget. Recommendation: Staff recommends that the Council approve the attached resolution for the Master Partnership Contract between MNDOT and the City of Mounds View. Respectfully submitted, Don Peterson – Public Works Director Attachments – Resolution Copy of Master Partnership Contract The Mounds View Vision A Thriving Desirable Community RESOLUTION 9238 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A MASTER PARTNERSHIP CONTRACT BETWEEN THE CITY OF MOUNDS VIEW AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the Minnesota Department of Transportation (“MnDOT”) wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, the City of Mounds View (“City”) wishes to establish an on-going relationship with MnDOT for the provision of certain services; and WHEREAS, MnDOT and the City are authorized by Minnesota Statutes, sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance, and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration and have determined that establishing a master partnership contract (the “Master Agreement”) which shall outline the roles and responsibilities of the parties in relation to future projects is in each party’s best interests; and WHEREAS, the Master Agreement provides the general parameters of work to be undertaken by the City and/or MnDOT, and future projects will be subject to written work orders, unless the Master Agreement expressly provides that no work order shall be required based upon the nature of the requested services. NOW, THEREFORE, BE IT RESOLVED THAT by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The City of Mounds View hereby enters into a Master Agreement with the Minnesota Department of Transportation, a copy of which is attached to this Resolution as Exhibit A. 2. That the Mayor and City Administrator are authorized to execute such contract and any amendments thereto. The Mounds View Vision A Thriving Desirable Community Resolution 9238 Continued 3. That the City Engineer is authorized to negotiate work order contracts pursuant to the Master Agreement, which work order contracts may provide for payment to or from MnDOT. Such work order contracts must be approved by the City Council before execution. Adopted this 10th day of February, 2020. ____________________________________ Carol A. Mueller, Mayor ATTEST: ____________________________________ Nyle Zikmund, City Administrator (SEAL) The above resolution was approved/denied by a vote of ____ to _____. The Mounds View Vision A Thriving Desirable Community A-1 EXHIBIT A The Mounds View Vision A Thriving Desirable Community A-2 The Mounds View Vision A Thriving Desirable Community A-3 The Mounds View Vision A Thriving Desirable Community A-4 The Mounds View Vision A Thriving Desirable Community A-5 The Mounds View Vision A Thriving Desirable Community A-6 The Mounds View Vision A Thriving Desirable Community A-7 The Mounds View Vision A Thriving Desirable Community A-8 The Mounds View Vision A Thriving Desirable Community A-9 The Mounds View Vision A Thriving Desirable Community A-10 The Mounds View Vision A Thriving Desirable Community A-11 The Mounds View Vision A Thriving Desirable Community A-12 The Mounds View Vision A Thriving Desirable Community A-13 The Mounds View Vision A Thriving Desirable Community A-14 The Mounds View Vision A Thriving Desirable Community A-15 The Mounds View Vision A Thriving Desirable Community A-16 The Mounds View Vision A Thriving Desirable Community A-17 Presentation to the City of Mounds View February 2020 “Nobody can go back and start a new beginning, but anyone can start today and make a new ending. Maria Robinson About NYFS •Primary Population: 5-21 year olds •4,000 youth, adults, families •$3.4 million annual budget •Three program thrusts •Mental Health •Youth Development •Case Management www.nyfs.org Transforming lives today, creating a better tomorrow Three Tier Services General Population 80% Special Service 15% Intense Service 5% NYFS Programs Two Departments Mental Health •Clinic based •School based, •Day treatment Community Services •Diversion •Senior Chore •Community Case Management Community Case Management Quality of life Proactive outreach Engage client network Community based Follow through NYFS Budget: $3,410,433 74 12 3 6 4 Mental Health Com Serv Admin Dvlp Bldg NYFS Revenue Sources What your support buys •Services for residents are assured •Benefits •Educational attainment •Effective workforce •Citizenship •Reduced costs to public •Leverage outside resources 2018-2019 Service Summary Contracted Services #2018 #2019 Counseling 16 $16,625 37 $47,917 Diversion 13 $3,220 15 $2,970 Senior Chore (seniors/youth)6/2 $1,750 2/2 $1,625 Cost of Contracted 37 $21,595 64 $54,486 Non Contracted 9 $35,815 7 $49205 City Contract $20,748 $21,329 Case Management 8 $1,974 Current Community Trends Trauma Informed Care Resilience Expressive -Cognitive Therapies NYFS Transition Reorganization Succession NYFS Partnerships •Communities Arden Hills, Birchwood Village, Falcon Heights, Hugo, Little Canada, Mahtomedi, Mounds View, New Brighton, North Oaks, Roseville, Shoreview, St. Anthony, Vadnais Heights, White Bear Lake, White Bear Township •School Districts Mahtomedi, Mounds View, North St. Paul/Maplewood, Roseville Area, St. Anthony/New Brighton, White Bear Lake Area •Collaborations Minnesota Youth Intervention Program Association, North Suburban Gavel Club, Ramsey County Children’s Mental Health Collaborative, Roseville Rotary, Shoreview/Arden Hills Rotary, St. Anthony-New Brighton Family Service Collaborative, Suburban Ramsey Family Collaborative, Twin Cities North Chamber of Commerce, Vadnais Heights Economic Development Council, White Bear Chamber •Faith Community •Businesses Future Events Leadership Lunch May 6, 2020 Taste of Northeast October 14, 2020 The Mounds View Vision A Thriving Desirable Community Item No: 08A Meeting Date February 10, 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 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, with first reading occurring on January 13, 2020. No additional comments have been received by staff since the first reading. P & Z reviewed on January 15, 2020 and had no changes. 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 Second Reading and Adoption of Ordinance 972 and order Summary Publication 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, sewage 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 February 10, 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 February 10, 2020. Publication Date: February 18, 2020. Carol A. Mueller, Mayor Attest: ______________________________ Nyle Zikmund City Administrator (SEAL) 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 27, 2020. 630665v2MU210-54 10 Second Reading and Adoption by the Mounds View City Council on February 10, 2020. Publication Date: February ____, 2020. Carol A. Mueller, Mayor Attest: ______________________________ Nyle Zikmund City Administrator (SEAL) Item No. 8.B. Meeting Date: February 10, 2020 Type of Business: Council Business Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 9233 Approving Transfers between Funds for 2019 Background: The City Council included a number of transfers between funds as part of the 2019 budget. They are listed in the attached resolution in the Budget column. Resolution 9233 formally authorizes the listed transfers between funds in the Actual column for 2019. Some of the budgeted transfers can be adjusted. The Council can direct staff to make additional changes if it desires. Discussion: The General Fund has a small surplus due to higher franchise fee revenue, LGA was received at the promised amount, building permits were higher than anticipated and interest revenue was higher due to marking to market. There is a budgeted transfer of $75,000 to the Special Projects Fund, due to the favorable revenue collections staff recommends that the transfer be increased to $125,000 also staff recommends that the transfer from the General Fund to the Vehicle and Equipment fund be increased to $325,000. An underfunded balance of approximately one million dollars had developed as a result of the 2008 economic downturn. The General fund transfer was underfunded to balance the budget for several years while the economy improved. With each successive budget the amount has been increased and we began to reduce the underfunded condition in 2018 which is now approximately $810,000. By increasing the transfer for 2019 and eliminating $23,000 to be transferred to the General Fund for computer equipment we will continue to reduce the underfunded amount in the Vehicle and Equipment fund. Recommendation: Staff is recommending approval of resolution 9233 approving transfers between funds. Respectfully Submitted, ____________________ Mark Beer, Finance Director RESOLUTION NO. 9233 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING TRANSFERS BETWEEN FUNDS FOR 2019 WHEREAS, the City has adopted budgets for various funds for 2019, the budgets include inter- fund transfers for various purposes; and WHEREAS, it is possible to adjust some of the transfers from the originally budgeted amounts; and WHEREAS, the General fund saw favorable operating results providing an opportunity to restore some of the fund balance in the Special Projects Fund and the Vehicle and Equipment Fund by increasing the transfers to those funds and at the same time eliminating the transfer from the Vehicle and Equipment Fund to the General Fund. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following transfers for the calendar year 2019 are hereby approved up to the amounts listed in the Actual column: From To Budget Actual Water Fund General Fund $80,446 $ 80,446 Sewer Fund General Fund 80,446 80,446 Street Light Fund General Fund 2,854 2,854 Storm Water General Fund 8,309 8,309 Vehicle & Equipment General Fund 23,000 - General Fund Community Center 190,000 190,000 General Fund Special Projects 75,000 125,000 General Fund EDA 50,000 50,000 General Fund Vehicle & Equipment 286,000 325,000 Water Fund Vehicle & Equipment 67,000 67,000 Sewer Fund Vehicle & Equipment 52,000 52,000 Storm Water Fund Vehicle & Equipment 31,000 31,000 Vehicle & Equipment Sanitary Sewer Fund 100,000 100,000 TIF District #5 EDA 85,563 85,563 Total $1,131,618 $1,197,618 Passed and adopted this 10th day of February, 2020. _____________________________ Carol A. Mueller, Mayor ATTEST: _____________________________ Nyle Zikmund, City Administrator (seal) The Mounds View Vision A Thriving Desirable Community Item No: 08C Meeting Date: Feb 10, 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: Resolution 9237, Approving Development Agreement for Long Lake Woods Second Addition Introduction: For some time, the City has had discussions with property owners and Marty Harstad about extending Greenwood Drive north of Sherwood Road, creating 12 single-family lots. The City Council has been supportive of this project, including the use of eminent domain if necessary, to acquire land for the new road. The use of eminent domain necessitates that the City will build the road and public improvements (vs. the developer), and assess costs to benefiting property owners. Those costs are not known at this time. Discussion: The current step is for the City and the seven participating property owners to enter into a Development Agreement. This agreement includes a provision that Marty Harstad (Harstad Hills, Inc) will represent the landowners as the developer, and that the developer will reimburse the City for all associated costs. Once the Development Agreement is signed, the City will complete a feasibility study, which will include cost estimates for public improvements (road, sewer, water, etc.). Then, the developer will submit an application for plat approval (spring). After approval (late spring), the City will negotiate with any non-participating property owners (Doll) in acquiring right-of-way. If an agreement is not made, the City will begin condemnation proceedings to acquire the necessary land (25’ – 30’ strip). Strategic Plan Strategy/Goal: Maintain and plan for infrastructure improvements including waste water, water, & transportation. Financial Impact: Unknown at this time. The City’s costs will be reimbursed by the developer through assessments to benefiting properties. Recommendation: Staff recommends approval of Resolution 9237, and authorizing the Mayor and City Administrator to sign the Development Agreement on behalf of the City. Respectfully submitted, Jon Sevald, AICP Community Development Director 636104v1MU210-262 RESOLUTION NO. 9237 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR LONG LAKE WOODS SECOND ADDITION WHEREAS, to facilitate development of certain real property in the City of Mounds View, Minnesota (the “City”) located generally north of Sherwood Road, east of Eastwood Road, south of Ardan Avenue, and west of Long Lake Road, the City proposes to enter into a Development Agreement (the “Contract”) with certain individuals and entities that own property within said area; and WHEREAS, the City Council has reviewed the Contract and finds that the execution thereof by the City and performance of its obligations thereunder are in the best interest of the City and its residents. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View, Minnesota that the Contract is approved in substantially the form presented to the City Council on the date of this Resolution, subject only to modifications that are approved by the City Attorney and do not alter the general substance of the agreement. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Mounds View, Minnesota that the proper City staff and officials are authorized to execute the final version of the Contract and take all actions necessary to perform the City’s obligations under the Contract as a whole, including without limitation, the execution of any documents to which the City is a party referenced in or attached to the Contract, and any deed or other documents necessary, all as described in the Contract. Dated: February 10, 2020. ____________________________________ Carol A. Mueller, Mayor ATTEST: ____________________________________ Nyle Zikmund, City Administrator 1 628764v3MU210-262 DEVELOPMENT AGREEMENT LONG LAKE WOODS SECOND ADDITION THIS DEVELOPMENT AGREEMENT (the “Agreement”) is made this ____ day of _______________, 2020, by and between the City of Mounds View, a Minnesota municipal corporation, (the “City”), and the following individuals and entities which shall be referred to collectively herein as the “Developer”: NuWay Development, Inc., a Minnesota business corporation, Daniel Behnken and Gwen Behnken, a married couple, Margaret Krig, a single person, Hans Melgaard and Ilona Melgaard, as Trustees of the Hans Leland and Ilona L. Melgaard Trust dated October 31, 2018, Carlos Nazareth and Lina Nazareth, a married couple, Hazel Jennings, a single person, and Michael Lauterbach [need marital status], Patrick Lauterbach [need marital status], and Steven Lauterbach [need marital status]. Recitals A. The individuals and entities that make up the Developer are fee owners of certain real estate located in the City of Mounds View, Ramsey County, Minnesota, legally described as (See Exhibit A) (the “Property”). B. The Developer desires to plat and develop a portion of the Property (the “Subdivision Property”) as 12 single-family residential lots (the “Subdivision”), subject to the conditions and requirements contained in the Mounds View City Code, this Agreement and state statutes. A depiction of the proposed Subdivision is attached hereto as Exhibit B. C. The Subdivision will require certain public improvements, including a northbound extension of Greenwood Drive and the extension of public sewer and water to provide both adequate access and public utilities to the Subdivision (collectively, the “Public Improvements”). D. The City is willing to construct and install the Public Improvements as a public project in accordance with all state and local laws and this Agreement, with the understanding that 2 628764v3MU210-262 it will specially assess the Property and any other parcels that will benefit from the Public Improvements for the costs associated with said Public Improvements. E. Although public right-of-way already exists over much of the area whereby the Public Improvements will be constructed and installed, there is additional right-of-way that will either be dedicated by the Developer via the plat or acquired by the City through the process of eminent domain. The Developer desires to commit to dedicating such right-of-way and reimbursing the City for all costs associated with acquiring the additional right-of-way necessary for the Public Improvements. F. The Developer agrees that the development of the Subdivision Property and the City’s construction and installation of the Public Improvements shall be facilitated and governed in accordance with the terms and conditions of this Agreement. Agreement In consideration of each party’s promises as set forth in this Agreement, it is mutually agreed as follows: ARTICLE ONE REPRESENTATIONS AND WARRANTIES 1.01. City Representations and Warranties. The City makes the following representations as the basis for the undertakings on its part contained herein: A. The City is a municipal corporation under the laws of Minnesota. B. The City has the right, power, and authority to execute, deliver, and perform its obligations under this Agreement. 1.02. Developer Representations and Warranties. The Developer makes the following representations as the basis for the undertakings on its part contained herein: A. The Developer is fee owner of the Property. B. The Developer has the right, power, and authority to execute, deliver, and perform its obligations under this Agreement. The Developer assures the City that the individuals who execute this Agreement on behalf of the persons and entities that are collectively referred to as the Developer are duly authorized to sign on behalf of said persons and entities and legally bind said persons and entities to the term and conditions set forth herein. C. The Developer is not in default under any lease, contract, or agreement to which it is a party or by which it is bound which would affect its performance under this Agreement. The Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment, or decree which would prohibit the execution or performance of this Agreement by the Developer or prohibit any of the transactions provided for in this Agreement. 3 628764v3MU210-262 D. The Developer has complied with and will continue to comply with all applicable federal, state and local statutes, laws, ordinances, and regulations including, without limitation, any permits, licenses, and applicable zoning, environmental, or other laws, ordinances, or regulations affecting the Property. The Developer is not aware of any pending or threatened claim of any such violation. Without limitation of the foregoing, the Developer expressly acknowledges and agrees that it has and shall at all times comply with each and every provision of the City’s subdivision, zoning, and other related municipal code regulations. E. There is no suit, action, arbitration, or legal, administrative, or other proceeding, or governmental investigation pending or threatened against or affecting the Developer or the Property. The Developer is not in default with respect to any order, writ, injunction, or decree of any federal, state, local or foreign court, department, agency, or instrumentality. F. None of the representations and warranties made by the Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or on its behalf contains or will contain any untrue statement of material fact or omits any material fact, the omission of which would be misleading. 1.03. Incorporation of Recitals and Exhibits. The Recitals set forth in the preamble to this Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement as if fully set forth herein. ARTICLE TWO PUBLIC IMPROVEMENTS; PLATTING REQUIREMENTS 2.01. Public Improvements. A. The City intends to initiate a public improvement project pursuant to its authority under state and local laws in order to construct and install the Public Improvements. The Public Improvements will extend the system of City streets (Greenwood Drive) and utilities to provide adequate access, sewer, and water to the lots created within the Subdivision. To ensure that the City has valid and collectible assessments for such project, each of the individual owners and entities that collectively make up the Developer shall execute a separate Petition and Waiver Agreement in the general form attached hereto as Exhibit C, each of which shall meet the requirements of the City Attorney. The parties to this Agreement understand and acknowledge that the City will not move forward with the Public Improvements, nor shall it consider a resolution authorizing any condemnation related to the Public Improvements and the acquisition necessitated thereby, unless and until all individuals or entities that collectively make up the Developer have executed a Petition and Waiver Agreement that meets all City requirements. B. The Developer agrees to grant or dedicate via the plat for the Subdivision all right-of- way necessary for the Public Improvements within the Subdivision Property. The City agrees to initiate efforts via its authority to exercise eminent domain to acquire that portion of right-of-way that is not within the Subdivision Property but that is otherwise required for the Public Improvements, in the City’s sole discretion, to construct and install the Public Improvements so that the Subdivision has 4 628764v3MU210-262 adequate access and utilities. All of the City’s costs associated with said acquisition, including, but not necessarily limited to, administrative costs, appraisal costs, attorneys’ fees, filing fees, real estate costs, commissioners fees, and owners’ fees, shall be the responsibility of the Developer and shall be reimbursed to the City by the Developer in accordance with Section 2.05 of this Agreement. 2.02. Platting. The Developer shall plat the Subdivision Property in accordance with the Mounds View City Code, this Agreement, state statutes, and any City approvals. Prior to approval of the final plat by the City, the Developer shall amend the preliminary plat as required by any preliminary plat approval, the Mounds View City Code, this Agreement, City consultants, and state statutes. The City shall be under no obligation to consider a resolution authorizing any condemnation related to the Public Improvements and the acquisition necessitated thereby unless and until the Developer has submitted a completed application for preliminary plat approval and has further provided the City with any assurances as it may require to show that the Developer will remain in full compliance with Section 2.05 of this Agreement. 2.03. Permits. The Developer shall obtain any necessary permits from the City, the Minnesota Pollution Control Agency, the Minnesota Department of Natural Resources, the Minnesota Department of Health, the Minnesota Department of Transportation, Ramsey County, and any other agency that may have jurisdiction over the Subdivision Property before proceeding with any construction. 2.04. Property Monumentation. The Developer agrees to install all Subdivision monumentation (permanent) within six (6) months from the date of recording of the final plat, and shall submit to the City written certification by a licensed land surveyor that the required monuments have been installed throughout the plat. All monuments shall be marked with a steel or fiberglass post to allow for easy location following their installation. 2.05. Payment of City Costs. The Developer agrees to reimburse the City its actual costs regarding: (i) preparing and administering this Agreement and all other documents, permits, and applications related thereto; (ii) processing the plat and any other approvals relating to the Property and the development contemplated herein; and (iii) acquiring the right-of-way necessary for the Public Improvements as provided in Section 2.01(B). In addition to and without limitation of the foregoing, the costs to be reimbursed by the Developer to the City shall include, but not be limited to, attorneys’ fees, engineering fees, inspection fees, and the costs and fees of other technical and professional assistance (including but not limited to the cost of City staff time) incurred or expended by the City on activities arising out of this Agreement, and other undertakings related thereto. The Developer has submitted $5,000 to the City to be applied to payment of the costs described in this Section 2.05, provided that if such costs exceed this amount, the Developer shall, upon demand by the City, pay such additional costs to the City within 10 days of such demand, and provided further that the amount by which this deposit exceeds the City’s actual costs, if any, shall be returned to the Developer. In the event City does not recover its costs under the provisions of this Section 2.05, as an additional remedy, City may, at its option, assess equally the parcels that make up the Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the total amount collectively levied, 5 628764v3MU210-262 together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City. Further, the City may, at its option, as an additional remedy, recover expenses actually incurred by the City, in the manner provided by Minnesota Statutes, Section 415.01, 366.011 and 366.012, and the Developer hereby consents to the levy of such assessments without notice or hearing and waives its rights to appeal such assessments pursuant to such Minnesota Statutes, provided the amount collectively levied, together with the funds deposited with the City, does not exceed the expenses actually incurred by the City pursuant to this Agreement. This Section 2.05 shall survive termination of this Agreement and shall be binding on the Developer regardless of the enforceability of any other provision of this Agreement. 2.06. Additional Requirements. The Developer shall satisfy, complete and abide by all requirements set forth in any City approvals, including adequately addressing all items as may be directed by the City Attorney, City Engineer or others with review and approval authority of the City including any plat, or engineer opinions and the City Attorney’s plat opinion, and all adopted City ordinances and resolutions affecting the Property, all of which are incorporated herein by reference as if fully set forth in this Agreement. 2.07. Park Dedications/Fees/Dedications. Without limitation of any other obligation of the Developer contained in this Agreement or set forth in federal, state, or local law, the Developer agrees to comply with any dedication requirements, including park dedications or payments in lieu which may be required by the City’s subdivision regulations. Such requirements may be memorialized in the preliminary and final plat approval resolutions. The Developer further expressly acknowledges and agrees that all easements and other rights in the Subdivision Property necessary and related to the City’s control over the public dedications (all of which shall be described in the plat required by the City’s subdivision regulations), shall inure to the City upon the Developer’s compliance with this Agreement and approval and recording of a final plat as set forth in the City’s subdivision regulations. 2.08. City Attorney Review; Title Work. Prior to recording the final plat with Ramsey County, the Developer agrees to provide the City with a current title work for the Property identifying any other entity with a legal interest in the Property, including but not limited to any entity with a mortgage interest, easement interest, etc. Any plat approval is subject to the Developer’s compliance with this provision. The Developer shall provide an updated and certified Abstract of Title and/or Registered Property Abstract as required by Minn. Stat. § 505.03, or in the alternative, the Developer must provide an updated Commitment for a Title Insurance Policy for the Subdivision Property naming the City as the proposed insured and with the amount of coverage for this policy being equal to $100,000.00 per acre dedicated to the City (including but not limited to streets, rights-of-way, park dedication, and drainage and utility easements). The above-mentioned evidence of title shall be subject to the review and approval of the City Attorney to determine what entities must execute the final plat and other documents to be recorded against the Subdivision Property. In the event the Developer provides the City with a Commitment for a Title Insurance Policy, the Developer shall cause a Title Insurance Policy to be issued consistent with the Commitment for a Title Insurance Policy provided by the 6 628764v3MU210-262 Developer and the requirements of the City Attorney and with an effective date on which the final plat is recorded (the City will not issue any building permits or certificates of occupancy until it is provided with said Title Insurance Policy). Further, Developer shall provide the City with evidence, which sufficiency shall be determined by the City, that all documents required to be recorded pursuant to this Agreement and by the City Attorney are recorded and all conditions for release of the final plat have been met prior to the City processing or approving any building permits or other permits applicable to the development of the Subdivision Property. 2.09. Plat Modifications and Revisions. The parties to this Agreement acknowledge that various potential modifications and revision issues associated with the plat may need to occur. The Developer agrees to undertake, assist with and resolve such issues as directed by the City. The Developer and the City agree to cooperate with each other and their representatives regarding any reasonable requests made subsequent to the execution of this Agreement to revise or correct any errors in the plat and to provide any and all additional documentation deemed necessary by either party to effectuate such revisions or corrections to the plat. ARTICLE THREE ADDITIONAL PROVISIONS 3.01. Assignment. The Developer may not assign any of its obligations under this Agreement without the prior written consent of the City. 3.02. Amendment. Any amendment to this Agreement must be in writing and signed by all parties. 3.03. Attorneys’ Fees. The Developer agrees to pay the City’s costs and expenses, including attorneys’ fees, in the event a suit or action is brought by the City against the Developer to enforce the terms of this Agreement. 3.04. Agreement to Run with Land. This Agreement may be recorded among the land records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Developer and all assigns or successors in interest. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Ramsey County, Minnesota and the Developer and the City agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Property. 3.05. Representatives Not Individually Liable. No official, agent, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 3.06. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: 7 628764v3MU210-262 (a) as to the Developer: Harstad Hills, Inc. 2195 Silver Lake Road New Brighton, MN 55112 Attn: Martin Harstad (b) as to the City: City of Mounds View 2401 County Hwy 10 Mounds View, MN 55112 Attn: City Administrator with a copy to: Scott J. Riggs, City Attorney Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section 3.06. The Developer has authorized Martin Harstad of Harstad Hills, Inc. to represent its interests and communicate with the City for all purposes related to the Subdivision, this Agreement, and any City applications related to the development of the Property as contemplated by this Agreement. The City shall have no obligation to send written notices related to this Agreement to the entities that make up the Developer, either individually or collectively, provided, however, that this Agreement may only be amended in a writing signed by all parties hereto and Mr. Harstad shall have no authority to execute such an amendment on behalf of the Developer. 3.07. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Developer. 3.08. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 3.09. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 3.10. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officials, agents, and employees shall not be liable or responsible in any manner to the Developer, the Developer’s successors or assigns, the Developer’s contractors or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance of this Agreement. The Developer, and the Developer’s successors or assigns, agree to protect, defend 8 628764v3MU210-262 and save the City, and its officials, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys’ fees, consulting engineering services, and other technical, administrative, or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466 or otherwise. This Section 3.10 shall survive termination of this Agreement and shall be binding on the Developer regardless of the enforceability of any other provision of this Agreement. 3.11. Developer’s Default. In the event of default by the Developer as to any work or undertaking required by this Agreement, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City in doing so. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Subdivision Property for such purposes. If the City does any such work, the City may, in addition to its other remedies, levy special assessments against the lots within the subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081, provided the amount levied does not exceed the expenses actually incurred by the City. Further, the City may, at its option, as an additional remedy, recover expenses actually incurred by the City, in the manner provided by Minnesota Statutes, Section 415.01, 366.011 and 366.012, and the Developer hereby consents to the levy of such assessments without notice or hearing and waives its rights to appeal such assessments pursuant to such Minnesota Statutes, provided the amount levied does not exceed the expenses actually incurred by the City pursuant to this Agreement. 3.12. Compliance with Existing Laws. The Developer warrants that all obligations performed pursuant to this Agreement shall be in compliance with existing Federal, State and City laws, ordinances, pertinent regulations, standards, and specifications of the City. 3.13. Building Permits. This Agreement does not include the approval of a building permit for any structures within the Subdivision. The Developer must submit and the City must approve building plans prior to an application for a building permit for a structure on any lot within the Subdivision. The Developer or the parties applying for any building permit shall be responsible for payment of the customary fees associated with said building permit. 3.14. Miscellaneous Provisions. A. The Developer represents to the City that the development of the Property, the Subdivision, and the plat will comply with all city, county, state, and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the Subdivision, plat, or the development of the Property does not comply, the City may, at its option, refuse to allow construction or development work on the Property until the Developer does comply. Upon the City’s demand, the Developer shall cease 9 628764v3MU210-262 work until there is compliance. Upon the City's demand, the Developer shall correct any and all errors contained in the plat, including but not limited to legal descriptions, names of parties in interest, depictions, etc., solely at the cost of the Developer; further, the Developer shall take all necessary actions such that the plat will be in compliance with existing laws, ordinances, pertinent regulations, standards, and specifications of the City, solely at the cost of the Developer. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including for lots sold to third parties. D. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. E. If building permits are issued prior to the completion and acceptance of any public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents, or third parties. F. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term, or condition may be waived again. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing and signed by the parties. The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. Each right, power, or remedy herein conferred upon the City is cumulative and in addition to every other right, power, or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. H. This Agreement, together with the exhibits hereto, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, pertaining to the subject matter of this Agreement. 10 628764v3MU210-262 I. No officer, agent, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. J. Data provided to the Developer or received from the Developer under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. [The remainder of this page to remain intentionally blank]. 11 628764v3MU210-262 IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MOUNDS VIEW By: ____________________________________ Carol Mueller Mayor By: ____________________________________ Nyle Zikmund City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of ____________, 20___, by Carol Mueller and Nyle Zikmund, the Mayor and City Administrator, respectively, of the City of Mounds View, a Minnesota municipal corporation, on behalf of the City. ____________________________________ Notary Public 12 628764v3MU210-262 DEVELOPER (PID 063023140066) NUWAY DEVELOPMENT, INC. By: ___________________________________ Its: ___________________________________ STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ______ day of ______________, 20____, by __________________, the _________________ of NuWay Development, Inc., a Minnesota business corporation, on behalf of said corporation. __________________________________ Notary Public 13 628764v3MU210-262 DEVELOPER (PID 063023140073) By: ___________________________________ Daniel Behnken By: ___________________________________ Gwen Behnken STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ______________, 20____, by Daniel Behnken and Gwen Behnken, a married couple. __________________________________ Notary Public 14 628764v3MU210-262 DEVELOPER (PID 063023140067) By: ___________________________________ Margaret M. Krig STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ______________, 20____, by Margaret M. Krig, a single person. __________________________________ Notary Public 15 628764v3MU210-262 DEVELOPER (PID 063023140019) By: ___________________________________ Hans L. Melgaard By: ___________________________________ Ilona L. Melgaard STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ______________, 20____, by Hans L. Melgaard and Ilona L. Melgaard, Trustees of the Hans Leland and Ilona L. Melgaard Trust, dated October 31, 2018. __________________________________ Notary Public 16 628764v3MU210-262 DEVELOPER (PID 063023140017) By: ___________________________________ Carlos Nazareth By: ___________________________________ Lina Nazareth STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ______________, 20____, by Carlos Nazareth and Lina Nazareth, a married couple. __________________________________ Notary Public 17 628764v3MU210-262 DEVELOPER (PID 063023140015) By: ___________________________________ Hazel Jennings STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ______________, 20____, by Hazel Jennings, a single person. __________________________________ Notary Public 18 628764v3MU210-262 DEVELOPER (PID 063023140016) By: ___________________________________ Michael J. Lauterbach By: ___________________________________ Patrick J. Lauterbach STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ____ day of ______________, 20____, by Michael J. Lauterbach, Patrick J. Lauterbach, and Steven B. Lauterbach, [as tenants in common]. __________________________________ Notary Public This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 A-1 628764v3MU210-262 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Parcel 1: Outlot A, Long Lake Woods, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. PID 063023140066 (Torrens Property) Parcel 2: That part of the North 143 feet of the South 405 feet of the Northeast 1/4 which lies Westerly of the East 229.70 feet and lies Easterly of the West 2143 feet of said Northeast 1/4 all in Section 6, Township 30, Range 23, except Long Lake Road, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota. PID 063023140073 (Abstract Property) Parcel 3: All that part of the East 313 feet of the South 405 feet of the West 2112 feet of the Northeast Quarter of Section 6, Township 30, Range 23, except the East 185 feet of the West 2112 feet of the South 250 feet of the Northeast Quarter of Said Section 6, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota. PID 063023140067 (Abstract Property) Parcel 4: The South 1/2 of that part of the Northeast 1/4 of Section 6, Township 30, Range 23, described as: Beginning at a point 2112 feet East of the West line and 405 feet North of the South line of said Northeast 1/4; thence West parallel with the South line of said Northeast 1/4 528 feet; thence North parallel with the West line of said Northeast 1/4 202.5 feet; thence East parallel with the South line of said Northeast 1/4 528 feet; thence South parallel with the West line of said Northeast 1/4 202.5 feet to the point of beginning, except the West 300 feet thereof, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota. PID 063023140019 (Abstract Property) A-2 628764v3MU210-262 Parcel 5: The North One-half (N 1/2) of that part of the Northeast Quarter (NE 1/4) of Section 6, Township 30, Range 23, Ramsey County, Minnesota, described as follows: Beginning at a point Two Thousand One Hundred Twelve feet (2,112') East of the West line, and Four Hundred Five feet (405') North of the South line of said Northeast Quarter (NE 1/4); thence West parallel with the South line of said Northeast Quarter (NE 1/4) a distance of Five Hundred Twenty-eight feet (528'); thence North parallel with the West line of said Northeast Quarter (NE 1/4) a distance of Two Hundred Two and five-tenths feet (202.5'); thence East parallel with the South line of said Northeast Quarter (NE 1/4) a distance of Five Hundred Twenty-eight feet (528'); thence South parallel with the West line of said Northeast Quarter (NE l/4) to the point of beginning, a distance of Two Hundred Two and five-tenths feet (202.5'). PID 063023140017 (Abstract Property) Parcel 6: South 1/2 that part of the NE 1/4 of Section 6, Township 30 North, Range 23 West of the Fourth Prin Meridian, Described as follows: Beginning at a point 2112 feet East of the West line and 810 North of the South line of said NE 1/4, thence West parallel with the South line of said NE 1/4 distance 528 feet, thence South parallel with the West line of said NE 1/4 distance 202.5 feet, thence East parallel with the South line of said NE 1/4 distance 528 feet, thence North parallel with the West line of said NE 1/4 to point of beginning distance 202.5 feet, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota. Subject to an easement for road purposes over the West 25 feet thereof. Subject to a 5 foot strip easement along the rear line for public utility use. PID 063023140015 (Abstract Property) Parcel 7: Nl/2 of that part of the NEl/4 of Sec. 6, T.30, R.23, described as follows: Beginning at a point 2112 feet E. of the W. line and 810 feet N. of the S. line of said NEl/4, thence W. parallel with the S. line of said NEl/4 distant 528 feet, thence S. parallel with the W line of said NE 1/4, distant 202.5 feet, thence E. parallel with the S. line of said NEI14, 528 feet, thence E. parallel with line of said NEl/4 to point of beginning, distant 202.5 feet, containing 2.45 acres more or less, Ramsey County, Minn. Subject to easement for road purposes over the W. 25 feet thereof. Subject to a 5 foot strip easement along the rear line for public utility use such as setting of poles, stringing of wires, trimming or removing of trees, if necessary for line clearance & laying of underground conduits. Restrictions as Spring Lake Park Knolls except 75 feet to front lot line. PID 063023140016 (Abstract Property) B-1 628764v3MU210-262 EXHIBIT B DEPICTION OF THE SUBDIVISION C-1 628764v3MU210-262 EXHIBIT C FORM OF PETITION AND WAIVER AGREEMENT PETITION AND WAIVER AGREEMENT THIS AGREEMENT is made this ____ day of ______________, 2020, by and between the City of Mounds View, a Minnesota municipal corporation (the “City”), and _____________________ (the “Developer”). WITNESSETH: WHEREAS, the Developer is the fee owner of certain real property located in Mounds View and legally described on Exhibit A attached hereto (the “Property”); and WHEREAS, the Property is located generally north of Sherwood Road, east of Eastwood Road, south of Ardan Avenue, and west of Long Lake Road; and WHEREAS, the Developer is in the process of platting and developing the Property as part of a 12-lot, single-family residential subdivision (the “Subdivision”), pursuant to that certain Development Agreement between the Developer and the City, dated __________, 2020 (the “Development Agreement”); and WHEREAS, the Developer desires for the City to construct certain public improvements necessary to serve the Property, including a northbound extension of Greenwood Drive to provide access to the Property and the extension of public water and sewer services to adequately serve the Property (the “Project”); and WHEREAS, the City is willing to construct the Project without notices or hearings, as related to the Developer and the Property, provided the assurances and covenants hereinafter stated are made by the Developer to ensure that the City will have a valid and collectable special assessment as it relates to the Property to finance a portion of the cost of the Project; and WHEREAS, it is in the interest of the parties to provide the City sufficient assurances that the Developer will pay for a portion of the cost of the Project and, were it not for the assurances and covenants hereinafter provided, the City would not otherwise construct the Project without the required notices and hearings, as related to the Developer, although it is willing to do so at the behest, and for the benefit, of the Developer; and WHEREAS, the parties have entered into this Agreement pursuant to and in satisfaction of the terms of the Development Agreement. NOW, THEREFORE, ON THE BASIS OF THE COVENANTS AND OBLIGATIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: C-2 628764v3MU210-262 1. The Developer represents and warrants it is the fee owner of the Property, that it has full legal power and authority to encumber the Property as herein provided, that in doing so it is not in violation of the terms or conditions of any instrument or agreement of any nature to which it is bound or which relates in any manner to the Property and that there are no other liens or encumbrances against the Property except those of record. 2. The Developer hereby petitions the City for construction of the Project. The Project shall consist generally of a northbound extension of Greenwood Drive, including a cul-de-sac, to provide access to the Property, and the extension of City water and sewer to provide the Property with said City utilities. 3. The Developer consents to the City levying a special assessment for the costs of the Project against the Property in accordance with Minn. Stat., Section 429.061. The principal amount of the special assessment shall not exceed $_____________. The estimated cost of $_____________ is based on preliminary plans for the Project, attached hereto as Exhibit B. The parties understand and agree that said plans might be modified and that the preliminary plans included on Exhibit B were created merely for the purpose of estimating the cost of construction. 4. The Developer waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031, for the Project and notice of hearing and hearing on the special assessment levied to finance the Project pursuant to Minn. Stat. Section 429.061 and specifically requests that the Project be constructed and the special assessment be levied against the Property without notice of hearing or hearing. 5. The Developer waives the right to appeal the levy of special assessment in accordance with this Agreement pursuant to Minn. Stat. Section 429.081 and further specifically agrees with respect to such special assessment against the Property that: a. All requirements of Minn. Stat., Chapter 429 and the Mounds View City Code with which the City does not comply are hereby waived by the Developer; and b. The increase in fair market value of the Property resulting from construction of the Project will be at least equal to the amount of the special assessment levied against the Property and that such increase in fair market value is a special benefit to the Property. 6. The special assessment levied against the Property shall be payable over such period as the City may determine, but not less than __ years, and shall bear interest at a rate determined by the City, but not more than 2 percent above the City’s cost of financing. The City’s cost of financing shall mean the average coupon rate if the City sells debt to finance the Project. If no debt is sold for the Project, the rate shall be set using the same formula based on special assessment bonds of Minnesota municipalities which have the same credit rating as that of the City and are issued and sold at approximately the same time as the adoption of the resolution levying the special assessment. The first installment of principal and interest C-3 628764v3MU210-262 shall be included in the first tax rolls completed after adoption of the resolution levying the special assessment. 7. The covenants, waivers and agreements contained in this Agreement shall bind the Developer and its successors and assigns and shall run with the Property. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Ramsey County, Minnesota and the Developer and the City agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Property. 8. Any notice required to be given under this Agreement shall be deemed given if delivered personally or sent by U.S. mail, postage prepaid, certified and return receipt requested: a) as to Developer: ____________________ ____________________ ____________________ (b) as to the City: City of Mounds View 2401 County Hwy 10 Mounds View, MN 55112 Attn: City Administrator with a copy to: Scott J. Riggs, City Attorney Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. 9. This Agreement shall terminate upon the final payment of the special assessment levied against the Property for the Project. The City agrees to execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder upon receipt of such final payment. C-4 628764v3MU210-262 IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. [DEVELOPER NAME] By: _________________________ Its: _________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 20___, by _____________________, the ________________________ of _____________________, a ___________________________. Notary Public C-5 628764v3MU210-262 CITY OF MOUNDS VIEW By: ____________________________________ Carol Mueller Mayor By: ____________________________________ Nyle Zikmund City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of ____________, 20___, by Carol Mueller and Nyle Zikmund, the Mayor and City Administrator, respectively, of the City of Mounds View, a Minnesota municipal corporation, on behalf of the City. ____________________________________ Notary Public This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 C-A-1 628764v3MU210-262 EXHIBIT A TO PETITION AND WAIVER AGREEMENT Legal Description of the Property [to be inserted] C-B-1 628764v3MU210-262 EXHIBIT B TO PETITION AND WAIVER AGREEMENT Preliminary Plans [to be inserted]