Loading...
HomeMy WebLinkAboutAgenda Packets - 1999/11/01 CITY OF MOUNDS VIEW WORK SESSION REVISED AGENDA,. November I, 199 6:00 p.1.1 . Items Discussed Per Consensus 1. Council Member Thomason Council Decorum Request. 2. Review of Charter Commission Issues. 3. Joint Powers Agreement with the City of Roseville for Temporary Utilization of Management Information Systems Personnel. 4. Personnel Policies Manual Final Draft. 5. Review of Board and Commission Positions for 2000. 6. Cigarette and Tobacco Products Ordinance. 7. Draft Ordinance for Creation of Streets Fund and Dedication of Franchise Fee Revenue. 8. Request for Public Information Form. 9. Comprehensive Plan Update. 10. Ordinance Public Hearing Options. 11. Y2000 Budget Review. 12. Discussion of Fee Increases for Year 2000. 13. Resolution of Support for Law Enforcement Training Center. 14. Non-Retainer Legal Fees. 15. Water Service Repair Policy. 16. Review of Assessment Policy Revisions. C:joanb\agendas\11-01-99;ws CITY OF MOUNDS VIEW WORK SESSION AGENDA November , 1999 b00 . p.rn� Items Discussed Per Consensus 1. Council Member Thomason Council Decorum Request. 2. Review of Charter Commission Issues. 3. Joint Powers Agreement with the City of Roseville for Temporary Utilization of Management Information Systems Personnel. 4. Personnel Policies Manual Final Draft. 5. Review of Board and Commission Positions for 2000. 6. Cigarette and Tobacco Products Ordinance. 7. Draft Ordinance for Creation of Streets Fund and Dedication of Franchise Fee Revenue. 8. Request for Public Information Form. 9. Comprehensive Plan Update. 10. Ordinance Public Hearing Options. 11. Y2000 Budget Review. 12. Discussion of Fee Increases for Year 2000. 13. Resolution of Support for Law Enforcement Training Center. 14. Non-Retainer Legal Fees. C:joanb\agendas\11-01-99;ws October 28, 1999 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: November 1, 1999 City Council Work Session We have a variety of things to address on Monday including some follow up on issues from this past Monday. Here's what we have: Item 1- Council Member Thomason Council Decorum Request: This item was forwarded to me from Council member Thomason through the Mayor for discussion Monday night. Item 2—Review of Charter Commission Issues: Bob Longtalked to me after discussing this with the Mayor about approaching the Charter Commission prior to processing the declaratory judgment. I suggested he address the full Council at the work session if there is to be a change in plans, and he will attend the work session Monday night. Item 3 —Review of Joint Power Agreement with Roseville for MIS Personnel: Bruce will present this item. We have determined after reviewing several options that the least costly and likely most productive next step in development an electronic filing system would be to use the process and equipment Roseville has developed for the same effort. We can go into greater detail Monday, but essentially they have invested in a process that converts their hard copy files into electronic form and have been able to connect this to their web site. Council members will recall seeing their web site and its search capabilities at the presentation we made a couple of months ago. Staff feels that there are two phases to this process, one, standardize the process of filing for the City electronically, and two, convert existing hard copy files to electronic form. The second of these two is the most costly and time consuming, but once done is finished. However in order to do it, we need to have an electronic filing system in place. By this I am referring to all staff knowing and implementing a system of filing their current work in the network's system. Because we have never developed such a system, everyone is doing it differently. This will change, hopefully with the examples from Roseville. Once done, the time and effort needed to determine appropriate filing for our paper and microfiche records can begin. Item 4—Personnel Policies Manual Final Draft: Scott Riggs will be present to review with the Council the final policies draft and the process for its approval. Item 5—Review of Board and Commission Appointments: Givonna is working on updating the status of all board positions and upcoming openings. The Council can review and direct accordingly on Monday. Item 6—Cigarette and Tobacco Products Draft Ordinance: Scott Riggs will be present to review a draft ordinance on this subject and explain the requirements of the City for this ordinance. Item 7—Draft Resolution for Creation of Streets Fund and Dedication of Franchise Fee Revenue: As the follow-up step to increasing the franchise fee, the Council needs to determine the policy for its use. That was generally clear in the resolution passed on October 11 thThe question for the Council to keep in mind is how restrictive of an action does it want to take on the future use of this money. The resolution drafted lays out policies and procedures fairly clearly, but a future Council can change that simply by passing another resolution. The franchise fee part of this fund it should be remembered is currently a year-to-year approval by the Council. That cannot change by any action the Council will take in creating this fund since its action has and appears will in the future to be taken separately. The option of setting these conditions in ordinance is also there. That would make it more difficult but not impossible to change in the future. A charter provision would make this the most restrictive but would also take the most time and effort to implement. For purposes of Monday's discussion, staff stuck with the resolution approach, but if the ordinance approach is of more interest we can draft that up for a first reading based on this resolution. Item 8—Public Information Policies and Form: Scott Riggs can review this with the Council as well. It should be noted that this policy will follow state law on data practices which will also play a significant role in how the City sets up its electronic filing and retrieval policies. Item 9—Comprehensive Plan Update: Rick Jopke will give the Council a briefing on the status of the comp plan and the process coming up for its adoption. Item 10—Ordinance Public Hearing Options: Despite the criticisms leveled about how the franchise fee ordinance was noticed, the Council still did not address whether it wants to effectuate any changes in its own procedures for determining how or when to notice an ordinance adoption. The Charter provision that Council member Stigney is proposing does not address this either. If the Council is interested, the options suggested in my memo of the last work session may help. Item 11 —Y2000 Budget Review: We did not complete all the non-general fund budgets on Monday so we would like to do that Monday. We may also be able to review the discussions staff has had with Kennedy and Graven regarding their retainer and non- retainer work. We also want to review the revenue side again,particularly fees relating to building and zoning. In other business, Kitty Hickok is now leaving the City. Her last day is November 12. We are placing an ad for her replacement and will inform the Council of any changes we feel need to be made. I am a bit concerned that the utility billing and payroll schedules can be maintained during this time. Remaining staff is meeting to determine how best to do this. Interviews are also taking place for Steve Dorgan's replacement, and the deadline for applicants for Kevin Carroll's position is coming soon. Kevin apparently was working with State Auditor's Office regarding our tax increment history. We are scrambling to figure out what was being worked on. The OSA's tif division routinely reviews cities' tif plans and plan modifications, and that appears to be the case here. Our records management over the past decade however appear to need some work, a problem complicated by the variety of individuals having worked in this area. Some good news, the City has been judged a winner by the National League of Cities for the housing plan book developed by Steve Dorgan and the Community Development department with other metro communities this past year. Lynne Thomason and myself are scheduled to be at the NLC conference in Los Angeles in December and can represent the City when called upon. As I explained in an earlier memo this week, the request to include staff meeting minutes was made. I will summarize our meeting of this week here. On Tuesday Bruce, Bill, Givonna, John, Mike and later Jim Ericson met to review the prior evening's Council work session and regular meeting. We reviewed the tension amongst Council members on couple of the issues. Regarding the charter questions, by staff meeting time I had reviewed the expenses charged to the Charter Commission. We reviewed the requests of Council member Stigney on John's use of the golf course truck and followed up with how best to respond to requests that don't seem to be sufficiently answered. It was decided staff should proceed as though all requests represent the full Council and proceed accordingly. There is still some concern about the ability to tract requests since some are made without any apparent context. The e-mail system when finally utilized may help that. The group reviewed the draft agenda for the November 1 work session (much of which is entailed above). It was noted that the budget discussion was not completed at the work session. Building and zoning fees along with the attorney retainer still needed to be reviewed. Givonna was to work with Scott Riggs this week on several of his issues. I had some concern that changes to the personnel policies without the employees' knowledge would not be good. We set up a meeting for Friday to review them for what has or could change. We had Jim Ericson attend to review the presentation made by AMI on Monday regarding their imaging and electronic filing system. The consensus was that their product while good may be too expensive and add some complications we might not need. Bruce has been working with Roseville for a number of months on how to use their people and system. Jim added that the work we now do with the web site could be modeled after Roseville. I wanted to make sure we have a system that employees understand, utilize and implement correctly for filing since we have never done that. We decided to set up a MIS committee meeting to go over this in more detail later in the week. That's all for now. Have a good weekend. Page 1 of 1 Chuck Whiting From: Dan Coughlin [danc@rcmnet.org] Sent: Tuesday, October 26, 1999 7:08 PM To: chuckw@rcmnet.org Cc: Dan Coughlin Subject: #1 agenda item for work session on Nov 1. Chuck, Lynne has requested that some time should be set aside at the beginning of the work session to discuss parlamentary procedures, council manners&etc. I told her that I'd pass the message on to you to have it put on the agenda. In keeping with section 2.06.2 of the charter,I am in agreement with Lynne that some clarification of parlamentary procedures and discussion of overall council behavior are in order to promote desirable changes and improvements to the council's overall functionability. With this charter section as my guide,I request that you note this as the first item for discussion and have it noted that Lynne is the one who is actually making this request. Thanks. Dan 10/27/99 dtiv JOINT POWERS AGREEMENT FOR THE CITY OF MOUNDS VIEW'S TEMPORARY UTILIZATION OF A CITY OF ROSEVILLE EMPLOYEE THIS AGREEMENT, entered into by and between the CITY OF ROSEVILLE, a Minnesota municipal corporation, and the CITY OF MOUNDS VIEW, a Minnesota municipal corporation, is effective upon the execution of this Agreement by the named officers of both cities. RECITALS WHEREAS,Mounds View is in need of temporary computer and other technical support services and is without staff to provide the needed services; WHEREAS,Roseville has management information system and other technical employees that are able to provide the services required by Mounds View and; WHEREAS,Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into Joint Powers Agreements for the joint exercise of powers common to each. NOW, THEREFORE, it is mutually stipulated and agreed to as follows: 1. SERVICES. A. The City of Roseville shall provide qualified management information systems employees ("Employees") to perform computer and related technical services required by the City of Mounds View. The City of Roseville shall be solely responsible for compensating the assigned Employee(s) engaged in providing computer and technical services under this Agreement, including any overtime wages incurred, as well as any insurance or employee benefits provided under the policies or agreements of the City of Roseville. B. The City of Mounds View will provide the necessary office, equipment, and supplies for the assigned Employee(s) to provide the services required hereunder and will bear 81872 1 all costs attendant thereto. C. The City of Mounds View shall coordinate scheduling of work to be performed by the assigned Employee(s) with and shall receive prior approval of all scheduled hours to be performed under this Agreement from the Roseville City Manager or his designee. 2. PAYMENT. The City of Mounds View will compensate the City of Roseville for services rendered in the amount of Twenty Thousand and No/100 Dollars ($20,000.00) for Five Hundred Employee service hours per year. The City of Mounds View shall make monthly payments, upon presentation by the City of Roseville of a monthly billing equal to one-twelfth (1/12th) of the annual amount herein stated. 3. INDEMNIFICATION. The City of Roseville agrees to assume sole liability for any negligent or intentional acts of the assigned Employee(s) while performing the assigned duties within the jurisdiction of either city. Each city agrees to indemnify, defend, and hold harmless the other from any claims, causes of action, damages, loss, cost or expenses including reasonable attorney's fees resulting from or related to the actions of each city, its officers, agents or employees in the execution of the duties outlined in this Agreement, except as qualified by the previous sentence. 4. TERMINATION, SEPARABILITY. A. This Agreement may be terminated by either party upon thirty(30) days' notice r C CLA-tc rrisl-••k, provided to the respective City Manager of Roseville or Mounds View. B. Upon termination, any and all records or property of the respective cities will be returned to the appropriate city. C. This Agreement is governed by the laws of the State of Minnesota. D. In the event that any provision of this Agreement is held invalid, the other provisions remain in full force and effect. 81872 2 IN WITNESS WHEREOF, the Cities of Roseville and Mounds View have caused this Agreement to be duly executed effective on the day and year last entered below. Dated: CITY OF ROSEVILLE By: Daniel G. Wall Its Mayor By: Steven Sarkozy Its City Manager Dated: CITY OF MOUNDS VIEW By: Dan Coughlin Its Mayor By: Chuck Whiting Its City Mafrag - 81872 3 *T. Item No. Type of Business: WK WK: Work Session;PH. Public Hearing; CA:Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Givonna Reed Item Title/Subject: Review of Board and Commission Positions for 2000 Date of Report: November 1, 1999 The following seats on the following Boards and Commissions will become vacant (or are currently vacant) December 1999. The City of Mounds View must fill the following vacancies for 2000: Planning Commission • Three seats open (expiration in 2002 for each term); Parks and Recreation Commission . Seven of nine seats are open. One term will expire in 2000, the other six terms will expire in 2002; Police Civil Service Commission . One seat open (expiration 2002); Economic Development Commission . One Business Representative seat open (expiration 2002). Resolution 5301 (1999) • Resolution appointing City Council Members and Clerk-Administrator as representatives for city commissions and other organizations. Attached you will find spreadsheets for the above mentioned Boards and Commissions should you desire additional information regarding vacancies. Recommendation. Place on November 15th City Council agenda to discuss application process and timeline. R pectf Submitte VQ-Q— GiVonna Reed Assistant to the City Administrator October 18, 1999 Dear Commission Member: This is just a note to make you aware that according to city records your term as a commissioner is set to expire at the end of this year. In keeping with trying to provide opportunities for all residents to become involved in their city's government, the city will be asking publicly for applicants for these expired terms. For your convenience I am including a copy of the advisory board application form. If you are interested in being considered for reappointment to your present position, please fill out the included application and return it to City Hall no later than December 6, 1999. It is my hope and intent to have a list of names to present to the City Council for their approval prior to the new year, so your various boards and commissions will have full membership right at the start of next year. In closing I would like to thank you for your service to the City of Mounds View. It is a significant sacrifice that you have made in order to prepare for and attend all of the meetings and functions associated with your position. Sincerely, Dan Coughlin Mayor of Mounds View DPC/dpc Enclosure J! . m m m m sa ? ? J p rn R a p n r*,‘,,,:x _ „+ fs....,,,•.--;..lti f + ,;&.. : .-,..,.•*,, �ts' • �` "`est. "<>r:"f o i,-: '� •• -fig- ins .r 3�If ... -f s 7 4, . .. ..... ,,,,,,.. ... ...,. s .. ,„... : b fi ' w „ , = o E. „,„ 4,'S, '” tf �4 :1 .-w" &gym-,'••,ii ., Z.-:-, . �� 7. ;';°+''_ y cs er' f-r c� tp(� sP Z 1 B_ �x tL 4,¢ t S '` ' co o' co AD et, v� o ego a - \I-8 M 7 y-T . _..... m. .R ISI , t r. �1• a, • 17 I 'E, 0 N gA r,. [i7 N y O. ep - '; O� per- irn ;. - s•p cn w- ; C. , .'` AD p�U t» • �Co •= z k Oma. '!< OfDN a- 11, zw for rjN�.-,3 \O tri \up 1/4°CS •e t ... ....__..�. ....v ......E N Cy N Cy N C.i �•+ 4 o-•+ Cy F+ --� F+ 4 ■" '-' O C7 O A'+ O A'+ �O w �D C'+ O SU SD 0 C'+ II 00 OO OO \DO 00 • X07 V' . ADO N F+ O \O 00 1 • a, • N .d w , � r�-T-77 CA_ 1 \ F ,I cgaz y,fF ' 0 _2, n „,,,,,...s.„.7:::‘,....,,,,,,:,..-.........---7.-,-;:i,ri...- ','.1 tt(ra. .e, ,.7 "Yg.-''::!,z':''S::T:T:1''I'''''''''k '''I'''''''''''' '-'''''''';” K w O O r> C•+ o y u, o I N o G rn�. o • • .ii acx ].. , O'is ::::-. ......,..---.::: rn ; .:,,,,:,,,,,7,,,,,,,i,,,,,,;z"1.,,,,,,,,,,,,,,„-:,,-,,:,,,i.;,,,,i,.,,',,,,::.::iI,.>,-;:-',',;'-,,,',..,::,,,,,:;.;;;;,,,,,,;p4p,z,';,1,1!,E:,,,,:..:.::::'::::...•;,.:.:::..,.......:„..1.,...::::...:....:!.i.......;.•.,:;::•.:.::::„.:........:..:..1...,.....„....::::....:::...........:..:.,.!IT:...:.,......:....:....:::i::•:..i.;,..,...,..,:.1..!,:::!.7.',...,.„____.s.,i,::....::.::.., ,. , m II l'° o OQ :t": / � , 00 J'� m,,,, /mss z �yaa' sir r f /�; o o NLN C.. NC_ — C– NLNC_ NL — O CO Opt O m CO 3 O Al O S11 O Al CO OCT 10 = O 7 00 7 CD • IO O 00 CD 7 7 ms11) s, ®' <D (D f'.. (D N cn ///� � O3 ,p,^ VI C # cn (DN h Frio 3 EE^ -n • o (D w 0 , t 0y v 0 i C� A).- c73 O E c PCD o a CD 3 cn� cn o. z 0 2 • f'Z ? c Cl) FA 0 r (A CD VVr��F '� ap (D e-h OO •s 1ca ''^^ V/ .RESOLUTION NO. 5301 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING CITY COUNCIL MEMBERS AND CLERK-ADMINISTRATOR AS REPRESENTATIVES FOR CITY COMMISSIONS AND OTHER ORGANIZATIONS WHEREAS,members of the City Council act as representatives to,City Commissions and other organizations;and WHEREAS,the following members of the City Council have been named to act as representatives to the following City Commissions/Task Force for the year 1998: Planning Commission Mounds View Business Association Roger Stigney Dan Coughlin Gary Quick (Alternate) Chuck Whiting Parks and Recreation Commission Northwest Youth and Family Services Rob Marty Dan Coughlin (Alternate) Terri Blatenbauer Ramsey County League of Local Government League of Minnesota Cities Dan Coughlin Chuck Whiting, Clerk-Administrator Chuck Whiting,Clerk-Administrator Dan Coughlin Associate of Metropolitan Municipalities National League of Cities Dan Coughlin Chuck Whiting,Clerk-Administrator Chuck Whiting,Clerk Administrator Dan Coughlin Spring Lake Park/Blaine/Mounds View Firemen's Cable Commission Relief Association Gary Quick Lynne Thomason Dan Coughlin(Alternate) Chuck Whiting,Clerk Administrator Golf Course Committee Dan Coughlin Gary Quick NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Mounds View that the aforementioned appointments are hereby approved. Adopted this 11th day of January, 1999 ATTEST:ST: ��. 7-7 ( Mayor Dan Cou lin (SEAL) (.1(J3( _ Clerk-Administrator uck Whiting 10-18-99 12:04 From-KENNEDY & GRAVEN +6123379310 T-056 P.02/06 F-638 [Redlined#1) ORDINANCE NO.— CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO CIGARETTE AND TOBACCO PRODUCTS AND AMENDING TITLE 512 OF THE MOUNDS VIEW MUNICIPAL CODE THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Title 512 of the Mounds View Municipal code shall be amended to read: CHAPTER 512 CIGARETTE AND TOBACCO PRODUCTS SECTION: 512.01:Defitutions 512.02:License Required 512.03.Application 512.02 : License Restrictions 512.05.License fee:Term:Transfer 512.06.Dispof I.icense 512.057: Penalties 512.06: Suspension Or Revocation 512.079: Hearing And Notice 512.10g: Exception 512.01:DEFINITIONS: Subd. 1. TOBACCO-RELATED PRODUCT: Cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flower, cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse scrips, clippings, cuttings and sweepings of tobacco prepared in such manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco related devices. SJA137976 MU125-32 10-18-99 12:05 From-KENNEDY & GRAVEN +6123376310 T-056 P.03/06 F-638 Subd. 2. VENDING MACHINES: Any mechanical, electric or electronic device, appliance or any other medium or object designed or used for vending purposes which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.{Acd. 553, 1-24-9-5) 512.02: LICENSE REQUIRED: - : _ - • - - _ • - , __ year. (O!i. 553;-1 24-$5)No person shall directly or indirectly or by maps of Deny' ciente, keep for retail sale, sell at retail or otherwise dispose of tobacco at any place in the city unless a license thcrelbr shall first have been obtains!ul s section. 512.03. Application. Subtl. 1. Contents. A..ltcation for a license ret ired by the •rovtsions of this section shall be made to the City Clerk-Adrrvni tratur ort ;a ti�rtn supplied by the City. Sue. application shall state: (z) the full name and tatidress of the applicant; (k) the location of the huildin, and the pall intended to be used by the Applicant under such license., (c) the l end of business conducted at such location: and (d) such other information us shall he required by the application form. Subd. 2. City Council Review. U. n the f• in_ of an a •lication with the Clerk- Administrator it shalt be presented to the City Council for its consideration. if ;ranted by the Council. a license, shall be issued by the Clerk-Adnuntsirator sip payment of the required fee. 512.034: LICENSE RESTRICTIONS: Subd. 1. General Restrictions. No license shall be issued under this section excepts to a person of good moral character. Noll -,cense she be issued to an applicant for the sale of tobacco at any 'lace other t • t a .licant's established lace of business. A se agate license shall be issued for the sale of tobacco at each fixed place of business, artd Ro license shall be issued for a rovablcgiace of business. No person shall sell.offer for sale !,ive • w ' or de 'ver an tobacco-relate aroduct to any person under eighteen t IS)nears of age. Noze,,rson shall keep for salczsell, or dispose of any tobacco containing opium. morphine__jimson weed. bella donna, 338137976 MU125-32 . 10-16-99 12:05 From-KENNEDY 4 GRAVEN +6123379310 T-056 P.04/06 F-636 s_,._yr chnia. c line. marijuana, or any other deleterious oror poisonous cxcept nicotine and other substances found natura4 in tobacco or lawfully added as part of the manufacturing process. Subd. 2. Possession by Minors. No • rson u der the a e of 18 ears 'hall ,urchase. o,scss.or consume tobacco. Subd.-43. Vending machines used to dispense tobacco products shall not be located in an I area which permits unrestricted access by a person under the age of eighteen (18) years even though such area may be under the supervision of the licensee or the licensee's agent or employee. This restriction shall apply to vending machines located in structures used for commercial, industrial, high-tech, office or public purposes. Subd.-24. Only one license is required for any or all Vending machine(s) located on the ! premises of the licensee. Subd.---1?. Every licensee is responsible for the conduct of its employees while on the I licensed premises and any sale or other disposition of tobacco products by an employee to a person under eighteen(18) years of age shall be considered an act of the licensee.(Ord. 553, 1 21 95) 553,4 21 95) 512.05 License Cce: Term Transfer. The fie fur every license reouireg by the provisions of this suction shall be set b resolution of the Cit Council- The license is effective from Janum. 1 to December 31st of each car. 'a m nt of Ile license fee is due on or before the close of business on Juntiury 1st of each year. Licenses issued under the .rovisions of this section shall nut be transferable from one gerson to another. 51'2.06. laispla u License. livery license issued under the nruvISions of this sectipn shall be kept conspicuous) pposted about the ralace for which the license is issued and shall be exhibited to an an ry authurj/ed per on elan request 512.057: PENALTIES: Subd. 1. _ - • _ . .._ _ .. _- = - . - :. .Licensees. If a person Ii en•=i uncle _ is tion • an e •k, ee of ' •-rson licensed under this section viol• ra:es any provision of this ordinance the licensee shall be charged n i is f e ,'n. t •f •75.00. a -rson license. under this section •r an employeesection violates any provision of this o din. ice twice at the same ocation within 24 ma ths of th initial violation the SJA137976 yiu12S-32 . 10-18-99 12:06 From-KENNEDY & GRAVEN +6123378310 T-056 P.05/06 F-638 licensee shall be charged an administrative penalty of$200.00. If a person licensed under this section or an employee of a person licensed under this section violates any provision of this ordinance thice times at the same location within 24 months of the initial violation, __he licensee shall be cha ged art administrative penalty of $25().00, and the licensee's license shall be suspended for seven dans. No penalty under this section 512.07, subd. ii l shall take effect until The licensee has received notice., served personally or by mail, of the alleged violation, and has had an opportunity for a hearing bctore the City Council. A decision by the city council that a v'olation of this ordinance has occurred shall be in wrrun,.. Judicial a•.ea1 shall be as provided tar by state law. ($50.00). (Ord. 553, 1 21 95)Indtviduals. Any person who sells tobacco to a person under the age of 18 years shall be char•aed an administrative penalty of S50.00, This p maltshall be_in addition to the al[v shared under section _5l 2.07.suhd. (1). No penalty under this section 512.07, subd. (2) shall take effect until the person ai=ainst whom the . nalt will be charc,ed has received notice served ,rsonall or by mail, of the alleged violation, and hu_s had an opportunity for a hearing before the City Council. A decision by the City Council that a violation of this ordinance has occurred shall be in wiitine. ludici rl aoraeal shall be as provided for by state low. Subd. 3. Defenses. It shall be an affirmative defense to a charge of selling tobacco to a person under the arae of 18 years in violation of this ordinance that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes,Section 34.0.0.503. subdivision 6. Subd. 4. Minors. Any person under the. age of 18 years who purchases, possesses, or consumms tobacco shall be [language to be inserted after public hearings. 512.068: SUSPENSION OR REVOCATION: In addition to ;sty other_penalty ttti sed under s tion 512.07 an license issued under this section ma be revoked b the City Council for a violation of any provision of this Chapter if the licensee has been given a reasonable notice and an opportunity to be heard. . A second violation within twelve (12) months shall result in a suspension of at least two (2) days. A third violation within a twenty four(24) month's time frame shall result in a suspension of at least five (5) days, A fourth violation within a twenty four(24) month's time frame shall result in revocation of license for the balance of the year.(Fria. " -==fit 512.0-1y: HEARING AND NOTICE: Subd. 1. Revocation or suspension of a license shall be preceded by a hearing before the Pelice-ChiefCitv Council. A healing notice shall be given at least ten (10) days prior to the hearing including notice of the time and place of the hearing and shall s.7R137976 1iU125-32 10-18-99 12:06 From-KENNEDY i GRAVEN +6123379310 T-056 P.06/06 F-838 state the nature of the charges against the licensee. Judicial appeal shall be as provided for by stare law. 512.108: EXCEPTION: A person under eighteen(18)years of age who purchases or I attempts to purchase tobacco-related products while under the direct supervision of a responsible adult for training, education, research or enforcement purposes shall nor be subject to the penalties imposed by Section 512.05.(Ord.553,4 24 95) SECTION 2. This ordinance takes effect—days after its publication. Read by the City Council of the City of Mounds View this day of , 1998. Read and passed by the City Council of the City of Mounds View this day of , 1998. Duane McCarty,Mayor Charles S. Whiting,City Clerk-Administrator APPROVED AS TO FORM: Robert C. Long,City Attorney S.TR13797 6 MU125-32 RESOLUTION NO. Establishing a Street Reconstruction Fund and dedicating a portion of Electric and Natural Gas Franchise Fees to said Fund CITY OF MOUNDS VIEW County of Ramsey State of Minnesota WHEREAS, the City's existing streets are aging and will need to be reconstructed; WHEREAS, the City has determined that it wishes to reduce the percentage of the street reconstruction costs that are paid by property owners; WHEREAS, the City needs a funding source to pay for its share of street reconstruction projects; and WHEREAS,the City is authorized to levy a franchise fee on Electric and Natural Gas sales in the City of Mounds View of up to 4%; and WHEREAS,the City has determined that it will levy the full 4%franchise fee in the year 2000 with at least 1 1/2%of the 4%to be used towards future street reconstruction projects. NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Mounds View that a Street Reconstruction Fund be hereby established. BE IT FURTHER RESOLVED,that the Street Reconstruction Fund can only be used to pay for the costs associated with street overlay,reconstruction,or construction projects provided,however, that if the City Council determines that any monies in said fund should be used for some other purpose, it must conduct a public hearing by providing at least fourteen days public notice and publish a notice of said public hearing in the City's legal newspaper,and approve such other use of said funds by at least four votes of the City Council. BE IT FURTHER RESOLVED, that for the year 2000, at least 1 1/2% of the 4% Electric and Natural Gas Franchise Fee will be deposited upon receipt, into the Street Reconstruction Fund. Whereas said resolution was declared to have been duly passed and adopted this 15th day of November, 1999. ATTEST: Mayor (SEAL) City Administrator # 8 CITY OF MOUNDS VIEW DATA PRACTICES PROCEDURES SJR-170907v1 MU125-11 CITY OF MOUNDS VIEW DATA PRACTICES PROCEDURES INDEX Subject Page I. Introduction 1 II. Responsible Authority 1 III. Access to Public Data 1 A. People Entitled to Access 1 B. Form of Request 1 C. Time Limits 1 D. Fees 1 IV. Access to Data on Individuals 2 A People Entitled to Access 2 B. Form of Request. 3 C. Identification of Requesting Party 3 D. Time Limits 3 E. Fees 3 F. Summary Data 3 G. Juvenile Records 4 V. Denial of Access 5 VI. Collection of Data on Individuals 5 VII. Challenge to Data Accuracy 6 VIII. Data Protection 6 A. Accuracy and Currency of Data 6 B. Data Safeguards 6 EXHIBITS Number List of Designees 1 Photocopying Charges 2 Consent to Release Private Data 3 Information Disclosure Request 4 Access and Nondisclosure Agreement 5 Notice to Juveniles 6 Tennessen Warning 7 Contract Language, Outside Agents 8 APPENDICES Letter Private & Confidential Data Maintained by City A Forms Which Request Private or Confidential Data B ii CITY OF MOUNDS VIEW DATA PRACTICES PROCEDURES I. Introduction. These procedures are adopted to comply with the requirements of the Minnesota Data Practices Act (the"Act"), specifically Minn. Stat. Sec. 13.03, Subd. 2 and 13.05, Subd. 5 and 8. II. Responsible Authority. The person who is the responsible authority for compliance with the Act is the city Clerk- Administrator, Charles S. Whiting. The responsible authority has designated certain other City employees to assist in complying with the Act. These designees are listed on attached Exhibit 1. III. Access to Public Data. All information maintained by the City is public unless there is a specific statutory designation which gives it a different classification. A. People Entitled to Access. Any person has the right to inspect and copy public data. The person also has the right to have an explanation of the meaning of the data. The person does not need to state his or her name or give the reason for the request. B. Form of Request. The request for public data may be verbal or written. The responsible authority or designee may require a verbal request to be made in writing, whenever a written request will assist the responsible authority or designee in performing their duties. C. Time Limits. ➢ Requests. Requests will be received and processed only during normal business hours. ➢ Response. Response will be provided as required by Minnesota Statutes Chapter 13. D. Fees. ➢ No Fees Charged. No fee may be charged for merely inspecting data. When copies are requested and a fee is charged for copies, no fee may be charged for time spent separating public for not public data. ➢ Fees Charged. Fees may be charged only if the requesting person asks for a copy or electronic transmittal of the data. Fees will be charged according to the City's standard photocopying policy, attached as Exhibit 2. If the time required to search for and retrieve the requested data is significant, the fee will include the actual cost of searching for, Data Practices Procedure Page 2 retrieving and copying or electronically transmitting the data. The responsible authority may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation,program, process, or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. IV. Access to Data on Individuals. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is contained in Appendix A. The forms used to collect private and confidential information are contained in Appendix B. A. People Entitled to Access. ➢ Public information about an individual may be shown or given to anyone. ➢ Private information about an individual may be shown or given to: • The individual data subject, but only once every six months, unless a dispute has arisen or additional data has been collected. • A person who has been given access by the express written consent of the individual data subject. This consent must be on the form attached as Exhibit 3, or on a reasonably similar form. • People who are authorized access by the federal, state, or local law or court order. • People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen warning described below. • People within the City staff, the City Council, and outside agents under contract with the City (e.g., insurance adjusters or attorneys) whose work assignments or responsibilities reasonably require access. ➢ Confidential information may not be given to the subject of the data, but may be shown or given to: • People who are authorized access by federal, state, or local law or court order. • People within the City staff, the City Council, and outside agents under contract with the City (e.g., insurance adjusters or attorneys) whose work assignments or Data Practices Procedure Page 3 responsibilities reasonably require access. B. Form of Request. Any individual may request verbally or in writing as to whether the City has stored data about that individual and whether the data is classified as public, private, or confidential. All requests to see or copy private or confidential information must be in writing. An Information Disclosure Request, attached as Exhibit 4, must be completed to document who requests and who receives this information. The responsible authority or designee must complete the relevant portions of the form. The responsible authority or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. C. Identification of Requesting Party. The responsible authority or designee must verify the identity of the requesting party as a person entitled to access. Verification can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. ➢ Requests. Requests will be received and processed only during normal business hours. ➢ Response. The response will be provided as required by Minnesota Statutes Chapter 13. E. Fees. Fees may be charged in the same manner as for public information. F. Summary Data. Summary data means statistical records and reports derived from data on individuals but which do not identify an individual by name or any other characteristic that could uniquely identify an individual. Summary data derived from private or confidential data is public. The responsible authority or designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The responsible authority or designee must notify the requesting party about the estimated costs and collect those costs before preparing or supplying the summary data. This should be done within 10 days after receiving the request. If the summary data cannot be prepared within 10 days, the responsible authority must notify the requester of the anticipated time schedule and the reasons for the delay. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The responsible authority may ask an outside agency or person, including the person requesting the summary data, to prepare the summary data if(1) the specific purpose is given in writing, (2) the agency or person signs a nondisclosure agreement that meets the requirements of Minnesota Rules, Pt. 1205.0700, subp. 5, and (3) the responsible authority determines that access by the outside Data Practices Procedure Page 4 agency or person will not compromise the privacy of the private or confidential data. The responsible authority may use the form attached as Exhibit 5. G. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. ➢ Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent is presumed to have this right unless the responsible authority or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. ➢ Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit 6. ➢ Denial of Parental Access. The responsible authority or designee may deny parental access to private data when the juvenile requests this denial and the responsible authority or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the responsible authority or designee will consider: • Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences of denying parental access, • Whether denying parental access may protect the juvenile from physical or emotional harm, • Whether there is reasonable grounds to support the juvenile's reasons for denying parental access, and • Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. The responsible authority or designee may also deny parental access without a request from the juvenile under Minnesota Statutes Section 144.335, or under any other state or federal statute that allows or requires denial of parental access and that provides standards for denying parental access. Data Practices Procedure Page 5 V. Denial of Access. If the responsible authority or designee determines that the requested data is not accessible to the requesting party, the responsible authority or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The responsible authority or designee must give the specific legal authority, including statutory section, for withholding the data. The responsible authority or designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. VI. Collection of Data on Individuals. The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen warning. This warning must contain the following: ➢ the purpose and intended use of the requested data, ➢ whether the individual may refuse or is legally required to supply the requested data, ➢ any known consequences from supplying or refusing to supply the information, and ➢ the identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. See attached Exhibit 7. VII. Challenge to Data Accuracy. An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the City's responsible authority in writing describing the nature of the disagreement. Within 30 days, the responsible authority or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. The responsible authority should provide the data subject with a written statement that informs the data Data Practices Procedure Page 6 subject of the right to appeal and should also provide a copy of Minnesota Rules, Pt. 1205.1600. An individual who is dissatisfied with the responsible authority's action may appeal to the Commissioner of the Minnesota Department of Administration,using the contested case procedures under Minnesota Statutes Chapter 14. The responsible authority will correct any data if so ordered by the Commissioner. VIII. Data Protection. A. Accuracy and Currency of Data. ➢ All employees will be requested, and given appropriate forms, to provide updated personal information to the appropriate supervisor, City Clerk, or Finance Director, which is necessary for tax, insurance, emergency notification, and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. ➢ Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. ➢ All records must be disposed of according to the City's records retention schedule. B. Data Safeguards. ➢ Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. ➢ Private and confidential data must be kept only in City offices, except when necessary for City business. ➢ Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: • not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, • not leave private or confidential data where non-authorized individuals might see it, and • shred private or confidential data before discarding. Data Practices Procedure Page 7 ➢ When a contract with an outside party requires access to private or confidential information, the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 8. Exhibit 1 LIST OF RESPONSIBLE AUTHORITY AND DESIGNEES Responsible Authority Records Charles S. Whiting, City Administrator All records Designees Terri Blattenbauer, Parks and Recreation Parks and Recreation Program Executive Department Bill Clark, Chief of Police Police Department Nyle Zilanund, Building Official Building records Mike Ulrich,Public Works Director Public Works Department Rick Jopke, Community Development Director Community Development Department Nyle Zikmund, Fire Chief Fire Department Bruce Kessel, Finance Director Finance Department Exhibit 2 CITY PHOTOCOPY CHARGE POLICY Regular Photocopy Charge $ .25 per page for the first five pages of any document $ .05 per page for additional pages Special Photocopy Charge (Charged where retrieval of data and making of copies requires significant staff time) a. Copy cost Regular photocopy charge, above b. Labor cost Current hourly rate for department secretary Document Charge Fee as established in annual resolution (Charged for certain frequently requested documents, such as zoning codes, maps, etc.) Exhibit 3 CONSENT TO RELEASE PRIVATE DATA I, , authorize the City of ("City")to (print name) release the following private data about me: to the following person or people: The person or people receiving the private data may use it only for the following purpose or purposes: This authorization is dated and expires on . The expiration cannot exceed one year from the date of the authorization, except in the case of authorizations given in connection with applications for life insurance or non-cancellable or guaranteed renewable health insurance and identified as such, two years after the date of the policy. I agree to give up and waive all claims that I might have against the City, its agents and employees for releasing data pursuant to this request. Signature IDENTITY VERIFIED BY: ❑ Witness: ❑ Identification: Driver's License, State ID,Passport, other: ❑ Comparison with signature on file ❑ Other: Responsible Authority/Designee: Exhibit 4 CITY OF MOUNDS VIEW INFORMATION DISCLOSURE REQUEST Minnesota Government Data Practices Act A. Completed by Requester REQUESTER NAME(Last,First,M.): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY, STATE,ZIP CODE: SIGNATURE: DESCRIPTION OF THE INFORMATION REQUESTED: B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: ACTION: ❑ PUBLIC ❑NON-PUBLIC ❑ APPROVED ❑ PRIVATE ❑ PROTECTED NON-PUBLIC ❑ APPROVED IN PART(Explain below) ❑ CONFIDENTIAL ❑ DENIED(Explain below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: PHOTOCOPYING CHARGES: IDENTITY VERIFIED FOR PRIVATE ❑NONE INFORMATION: ❑ IDENTIFICATION: DRIVER'S LICENSE, ❑ Pages x 0= STATE ID,Etc. Pages x 0= ❑ COMPARISON WITH SIGNATURE ON ❑ Special Rate: (attach explanation) FILE ❑ PERSONAL KNOWLEDGE ❑ OTHER: AUTHORIZED SIGNATURE: Exhibit 5 GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT 1. AUTHORIZATION. City of Mounds View ("City") hereby authorizes , ("Authorized Party") access to the following government data: 2. PURPOSE. Access to this government data is limited to the objective of creating summary data for the following purpose: 3. COST. (Check which applies): 0 The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been determined to be 0 The Authorized Party has been requested by the City to prepare summary data and will be paid in accordance with attached Exhibit A. 4. SECURITY. The Authorized Party agrees that it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized Party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public which is obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody. The Authorized Party agrees not to make reproductions of any data or remove any data from the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above will ever be disclosed or communicated to anyone by any means. The Authorized Party warrants that the following named individual(s) will be the only person(s) to participate in the collection of the data described above: 5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or disclosure of government data collected, used and maintained in the exercise of this Agreement and classified as not public under state or federal law. The Authorized Party understands that it may be subject to civil or criminal penalties under those laws. The Authorized Party agrees to defend, indemnify, and hold the City, its officers and employees harmless from any liability, claims, damages, costs,judgments, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission of the Authorized Party, its agents, employees or assignees under this Agreement and against all loss by reason of the Authorized Party's failure to fully perform in any respect all obligations under this Agreement. 6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all times during the term of this Agreement to maintain insurance covering the Authorized Party's activities under this Agreement. The insurance will cover $1,000,000 per claimant for personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification obligation specified above. 7. ACCESS PERIOD. The Authorized Party may have access to the information described above from to 8. SURVEY RESULTS. (Check which applies): ❑ If the Authorized Party is the requester, a copy of all reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be made available to the City in its entirety. 0 If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be provided to the City. The Authorized Party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. ACCESS AND NONDISCLOSURE AGREEMENT PAGE THREE AUTHORIZED PARTY: By: Date: Title (if applicable): CITY OF By: Date: Its: Exhibit 6 NOTICE TO PERSONS UNDER AGE OF 18 Some of the information you are asked to provide is classified as private under state law. You have the right to request that some or all of the information not be given to one or both of your parents/legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: • Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect you from physical or emotional harm, • Whether there is reasonable grounds to support your reasons, and • Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GIVEN TO: DATE:: By: (name) (title) REQUEST TO WITHHOLD INFORMATION I request that the following information: Be withheld from: For these reasons: Date: Print Name: Signature: Exhibit 7 DATA PRACTICES ADVISORY Some or all of the information that you are asked to provide on the attached form is classified by state law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is: You ❑ are/ ❑ are not legally required to provide this information. If you refuse to supply the information, the following may happen: Other persons or entities who are authorized by law to receive this information are: Exhibit 8 SAMPLE CONTRACT PROVISION Data Practices Compliance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to the City, as requested by the City. APPENDIX A PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY CITY Personnel and Employment Data CLASSIFICATION(S): Private/Public GOVERNING STATUTE: Minn. Stat. § 13.43. DESCRIPTION OF DATA: Data on individuals collected because the individual is or was an employee of or an applicant for employment by, performs services on a voluntary basis for, or acts as an independent contractor with a state agency, statewide system or political subdivision or is a member of or an applicant for an advisory board or commission. Property Complaint Data CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. § 13.44. DESCRIPTION OF DATA: The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. Security Information CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Data which if disclosed would be likely to substantially jeopardize the security of information possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. Absentee Ballots CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Sealed absentee ballots before opening by an election judge. Sealed Bids CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Sealed bids, including the number of bids received, prior to opening. Labor Relations Information CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Management positions on economic and non-economic items that have not been presented during the collective bargaining process or interest arbitration, including information collected or created to prepare the management position. Appendix A: Private & Confidential Data Page 2 Firearms Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.36 DESCRIPTION OF DATA: Data about the purchase or transfer of firearms and applications for permits to carry firearms. Examination Data CLASSIFICATION(S): Private/Confidential GOVERNING STATUTE: Minn. Stat. § 13.34 DESCRIPTION OF DATA: Completed versions of personnel and licensing examinations Elected Officials Correspondence CLASSIFICATION(S): Private /Public GOVERNING STATUTE: Minn. Stat. § 13.33 DESCRIPTION OF DATA: Correspondence between individuals and elected officials Benefit Data CLASSIFICATION(S): Private /Public GOVERNING STATUTE: Minn. Stat. § 13.31 DESCRIPTION OF DATA: Data on individuals collected or created because an individual seeks information about becoming, is, or was an applicant or recipient of benefits or services provided under any housing, home ownership, rehabilitation and community action agency, Head Start, or food assistance programs administered by the city. Civil Investigative Data CLASSIFICATION(S): Confidential/Private /Public GOVERNING STATUTE: Minn. Stat. § 13.39 DESCRIPTION OF DATA: Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation Federal Contracts Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.35 DESCRIPTION OF DATA: Data on individuals collected and maintained by the City because it contracts with a federal agency, where the federal agency requires that the data be maintained as private data as a condition of the contract. Videotapes of Child Abuse Victims Appendix A: Private & Confidential Data Page 3 CLASSIFICATION(S): Private/ Confidential GOVERNING STATUTE: Minn. Stat. § 13.391 DESCRIPTION OF DATA: Videotapes in which a child victim or alleged victim is alleging, explaining, denying, or describing an act of physical or sexual abuse. Salary Benefit Survey Data CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. § 13.45 DESCRIPTION OF DATA: Salary and personnel benefit survey data purchased from consulting firms, nonprofit corporations or associations or obtained from employers with the written understanding that the data shall not be made public. Employment and Training Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.47 DESCRIPTION OF DATA: Data on individuals collected, maintained, used, or disseminated because an individual applies for, is currently enrolled in, or has been enrolled in employment and training programs funded with federal, state or local resources. Award Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.48 DESCRIPTION OF DATA: Financial data on business entities submitted to the city for the purpose of presenting awards to business entities for achievements in business development or performance. Social Security Numbers CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.49 DESCRIPTION OF DATA: Social security numbers of individuals Appraisal Data CLASSIFICATION(S): Confidential /Public GOVERNING STATUTE: Minn. Stat. § 13.50 DESCRIPTION OF DATA: Appraisals made for the purpose of selling or acquiring land through purchase or condemnation Assessor's Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.51 Appendix A: Private& Confidential Data Page 4 DESCRIPTION OF DATA: Data on sales sheets from private multiple listing service organizations; income information on individuals used to determine eligibility of property for classification 4c under Mimi. Stat. § 273.13, Subd. 25(c); and specified data regarding income properties. Deferred Assessment Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.52 DESCRIPTION OF DATA: Data collected pursuant to Minn. Stat. § 435.193, which indicates the amount or location of cash or other valuables kept in the homes of applicants for deferred assessment. Transportation Service Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.521 DESCRIPTION OF DATA: Personal, medical, financial, familial or locational information, except name, of applicants or users of transportation services for the disabled or elderly. Recreation Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.57 DESCRIPTION OF DATA: For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. Redevelopment Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.59 DESCRIPTION OF DATA: Names and addresses of individuals and the legal descriptions of property owned by individuals, when collected in surveys of individuals conducted by the city or housing and redevelopment authority for the purposes of planning, development, and redevelopment. Economic Assistance Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.62 DESCRIPTION OF DATA: Specified data collected by cities in their administration of city economic development assistance programs. Appendix A: Private & Confidential Data Page 5 Domestic Abuse Data CLASSIFICATION(S): Confidential/Public GOVERNING STATUTE: Minn. Stat. § 13.80 DESCRIPTION OF DATA: Data on individuals collected, created, received or maintained by police departments pursuant to the domestic abuse act. Law Enforcement Data CLASSIFICATION(S): Private/ Confidential/Public GOVERNING STATUTE: Minn. Stat. § 13.82 DESCRIPTION OF DATA: Audio recording of a call placed to a 911 system; investigative data collected or created by a law enforcement agency in order to prepare a case against a person for the commission of a crime or other offense for which the agency has primary investigative responsibility; identity of undercover law enforcement officers; identities of other specified persons; unique descriptions of stolen, lost, confiscated, or recovered property; financial records of a program that pays rewards to informants; data on registered criminal defendants; data in missing children bulletins; data that reflect deliberative processes or investigative techniques of law enforcement agencies. Detention Data CLASSIFICATION(S): Private/Confidential/Public GOVERNING STATUTE: Minn. Stat. § 13.85; Minn. Stat. § 13.86 DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained because of their lawful confinement or detainment in a correctional or detention facility, including a municipal jail or lockup. Criminal History Data CLASSIFICATION(S): Private/Public GOVERNING STATUTE: Minn. Stat. § 13.87 DESCRIPTION OF DATA: Data maintained in criminal history records compiled by the bureau of criminal apprehension and disseminated through the criminal justice information system. Solid Waste Customer Lists CLASSIFICATION(S): Private GOVERNING STATUTE: Mimi Stat. § 13.99, subd. 21c DESCRIPTION OF DATA: Customer lists provided by solid waste collectors Peace Officer Records on Juveniles CLASSIFICATIONS(S): Private GOVERNING STATUTE: Minn. Stat. § 13.99, subd. 79 DESCRIPTION OF DATA: Juvenile records held by police. Appendix A: Private & Confidential Data Page 6 City Attorney Records CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. § 13.30 DESCRIPTION OF DATA: The use, collection, storage, and dissemination of data by the city attorney is governed by statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the "work product" privilege is confidential. RECORD OF ANNUAL REVIEW DATA PRACTICES PUBLIC DOCUMENT Under the Minnesota Government Data Practices Act, I, as the responsible authority for the City of Mounds View, am required to annually review the City's public document to update the document and ensure its accuracy. The following records the date on which I have done so. DATE COMPLETED SIGNATURE SJR-170907v1 MU125-11 Item No. 9 Staff Report No. Meeting Date: 11/1/99 Type of Business: WK WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council Members From: Rick Jopke, Community Development Director Item Title/Subject: Comprehensive Plan Update Date of Report: October 28, 1999 BACKGROUND Staff is putting the finishing touches on the first discussion draft of the updated comprehensive plan. The Planning Commission began its detailed review of the discussion draft on October 27th. The anticipated process would be for the Planning Commission to complete its review,then hold a informational community forum,then hold a formal public hearing, and then recommend an updated comprehensive plan for City Council consideration. The City Council would then approve submittal to adjacent communities for comment and to the Metropolitan Council for their review. The review period for adjacent communities is 60 days. The current deadline for submittal to the Metropolitan council is December 31, 1999. Once the Metropolitan Council review is complete the City would make any changes that are necessary and formally adopt the plan. The Planning Commission has expressed concern that because of the upcoming holiday season the City will not be able to get adequate citizen input if the community forum and public hearings are held prior to the first of the year. Staff's suggestion is that the Planning Commission should complete its review and that the draft document be submitted to adjacent communities for review. The community forum and public hearing could be held in January. City Council review and submittal to the Metropolitan Council could then happen by early February. STAFF RECOMMENDATION This item is presented for informational purposes only.No action or direction is required at this time. 11.41 Rick Jopke, Co munity Development Director N:\DATA\USERS\Rickj\SHARE\11199 comp plan report.doc Item No. Staff Report No. Meeting Date: 11/1/99 Type of Business: WK WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council Members From: Rick Jopke, Community Development Director Item Title/Subject: Discussion of Fee Increases for Year 2000 Date of Report: October 28, 1999 BACKGROUND As part of the year 2000 budget process staff has reviewed the fees that the City charges for various permits issued by the Community Development Department. Fees have not been changed since 1998. Attached is a list of fees that are proposed to be changed effective January 1,2000.A number of the fees are proposed to be changed to reflect typical project values as suggested by the Uniform Building Code. Others are being adjusted to better cover City review costs. The proposed fee change will also incorporate additional plan check fees as was previously discussed with the City Council. Community Development Department staff has some concerns about this increase. It would result in a substantial increase in permit fees paid by home owners and/or their contractors. It could discourage property owners from improving their property. There currently are no plan check fees charged for projects under$10,000. The City Council has directed staff to bring forward a proposal to charge a plan check fee on all projects. The plan check fee would be equal to 65%of the project value. Other concerns would be that the amount of review required for small projects may not justify a full plan check fee and that such a large fee increase all at once may be a problem. Alternative strategies would be to lower the threshold from$10,000 to $5,000 and/or to implement the fee increase over a two or three year period instead of all at once. STAFF RECOMMENDATION Staff recommends that the City Council review the proposed fee increases, determine how the plan check fee should be implemented and direct staff to prepare a fee increase resolution for Council consideration at the November 15, 1999 City Council meeting. Rick Jopke, Co munity Development Director N:\DATA\USERS\Rickj\SHARE\11199 fee report.doc Exhibit A Revisions to 1998 Fee Schedule City of Mounds View n\t: taisg IIII! ... ............::........:.................. .. .. .:� naw.4>:oiii,,:.,:s:a.,:....:...::.:::._::::.:::::: ........��...... ::... ..._��..-: ':t::iTi"t:':��::<."'.:... .v r:,.,. 4 .a,:,:.. .fitn:.:.:::::...:...::::::�va� .-se:::::::::..:,...........»...:.:.......v.:..\y::.::::........,....va.. ,,..,..: „ter....,....,>. , >...................... .x.» : .......,.....:..t.:..::::::::::::.::.......»...................... .».:.::::::::::::::......::::..:::::..:::::::::.:::::::::::::::....... Accessory Building (Shed) (Per square foot to determine value) Cement Floor $7.50 $8.50 Wood Floor $5.00 $6.00 Addition* (Per square foot to determine value) First Floor* $60.54 $63.55 Second Floor* $42.80 $44.49 Air Conditioning (Per square foot to determine value) Residential $2.58 Delete from schedule Commercial $3.10 Delete from schedule Basement* (Per square foot to determine value) Unfinished* $12.04 $12.86 Semi-Finished* $16.21 $17.24 (Per square foot to determine value) Basic Floor Area* $60.54 $63.53 Deck (Per square foot to determine value) Residential $6.00 $7.20 Mobile Home $5.00 $6.00 Windows (Use Existing $15 for first window/door $20 for first window/door Rough Opening but Changing plus $2 for each additional plus $2.50 for each additional Window Frames) window/door (plus $.50 window/door (plus $.50 surcharge) surcharge) Additions when calculating valuations for new construction: Fireplace Brick Single Flue (flat value) $2,000 $2,400 Brick Double (flat value) $2,500 $3,000 Free Standing Wood (flat $1,000 $1,200 value) Heatilator gas $2,000 $2,400 Garage (Per square foot to determine Exhibit A Resolution No. 5382 Page 2 of 4 '>�:h:.. <tt%`�xk::.':i<is::ibv. .`:f":' .......... .. .. ..:52.:.0 ;F. ... _:::.. ..... ,,.:,:<.:. ..«,:r.>:,.:::..,,»:.;,,;�;;:�;;5:::,...v'xa5�:,;^t::<� 'off",::.";3:{`:... .<3�," +^,*: :. :.............:.::.... "::;:»::.>:.>�::::.jj:>::::>:-::::::::>::0::>:.<i::5R:5::;::::::::>::'-;::::2:55_:�::%:; :5 .. ,. ... .....:...... :...... ., ate,..,,.x...»: ..:a`�.',::;:....:.::.. ........ 3>.:;:::.::.;�<:>:::::: :_;::;:::�::;:::`<EE; i:;:::5:..:>;;:v22_::55:>x:� ::555:.... ::«. ,..... &q�Yt. .. : ...\u,..,na......, ,,.,.... .>a J f:.. �o�..>..::.E,.:.......t,.....C?'Cu......_:::._.0::;.:.>:.>:.>:»»»v)�:a.::.»:::>.::::: :::::.:.....:....::.:...::....::fo.;p...: .......:....... ........::::.::;.::::.:....... \,� �,y ..::f.�5`:5:.%:;2:2:::ii::i::5::ism:::::5::?::?::ii::ii5.5i.';x:5'>: .. : :....IX: : .. .. .. ........... ......... .: .:..: .... .. .. .. :..»,,.c>,..>: is .�::5.'. .. ..u:..v:::t.h :: .:. ... ,a�::.,...v.::.»::..:ca.....,x r:�.:...a.::...:.:::::..:::::.:. :: .> :.... ....:::...:.... .�:::t.:...,..<.,x:::i::i::>`.:5i;:%::::£:::i::i55i5::i>�5>�55::5: :: "._. .::... ...":... .�:..:. ...:::: ..r.::::: ,> .. ,..:. ..: nit......:::......._... . ::. .. . ..;:.>....»:::.>Ei�<:2<.<:2::<5:;55; ::;>_ 5:::>5:<;:5:>:55>:<:;::::>::S::: ;R:QI�> , EiIrM»��°E ,>.»>».:>>>...>: .............................:......................................:.....:..............»..uc>::.:Y^:a:<�:>��:..;::.:......................::::::::............AnalitinalialleallailleallE:.,..:.:..::-»»>:.::::::: :::;>:.>:;;;::::X55::5::::,�::.:_ .::.:. <::.:5...:..>>, rf.2:: IONa value) Attached* $18.49 $19.35 Detached* $15.00 $15.75 Car Port* $12.38 $13.16 Incinerators Delete from schedule Gas Piping (Residential) $15.00 per unit $20.00 per unit Porch (Per square foot to determine value) Screen Only $20.20 $21.22 Three Season (wood frame/ $40.36 $42.58 windows/doors-NO HEAT) Four Season* $60.54 $63.55 Reshingling Residential (Tear Off) Use Valuation Table $50 for first 1,000 square feet plus $3 for each additional 100 square feet or fraction thereof. ($.50 Surcharge) Residential (Overlay) Use Valuation Table $40 for first 1,000 square feet plus $2 for each additional 100 square feet or fraction thereof ($.50 Surcharge) Commercial Use Valuation Table Use Valuation Table. Residing/Stucco Residential Use Valuation Table $50 for first 1,000 square feet plus $3 for each additional 100 square feet. ($.50 Surcharge) Soffit/Fascia, add: --- $.30 per lineal foot. (Minimum permit fee $23.50, $.50 Surcharge) Commercial Use Valuation Table Use Valuation Table. Driveway/Sidewalk/Patio/ Exhibit A Resolution No. 5382 Page 3 of 4 Y.... .... ...va.:._..,,,u„v,+.v.:.,,,\ x:.:::.,,,», ».«:.>:>:_s o.:::::.>:.>:.aA:tt»>.»::.:::::::::::.......Eta:::..... �:FYk`:`- ,, . a...,«.:. \a «v..ay.»,.. >. �:.,:.,:..:.» »>::,::::»>.:::....:... ............ .�.. .......w»..mss ::::............a,::.:.;>:.>:.::::::...» ...�.,. ?%Skco> d�2:.. n .t.v.......:.>..._,�C,a�,{� tC t.:::.... rovwtv::::.:.,v a: ,.. ...,.„ ...... ., „ ., :...«...», .:,. ..:::.w\y>::ttv.k::':\:.::5:: ij.'3.:��kSk::"::k: i':S..` ..-. �>S:_:a'<< a � . ,v> i :: t„�'�`.. ..u;k;'i',L`k„ , .. ttk.;::::':::::..:::.:: .:: ':-::n ':S^>v �:.:'.._ a .y� k:.::.v,.:.»,�.: ..... :.. .. ... .. ....:..:::.... ::`,`,k..:'kScxkk::i`:k:::'.,',SS:Sn>:..::.:::::::::::>::.::::.:. v �......,.F. �,...........:....,...w.v.v ... ......>:a...v..�::::::n.......::.:::.:::::..:..::::.f,.>:::::::::.:.:.,,.>iS::S'»k:.:t;;;:.>'.::.::::by vv._>:.::.>:.;.:.attS`5::::...�..�..>:::,:::.>:.% • ' Parking Lot Residential Use Valuation Table Concrete/Asphalt/Brick: $40 for first 1,000 square feet plus $2 for each additional 100 square feet or fraction thereof (No Surcharge) Gravel: $20 for first 1,000 square feet plus $1 for each additional 100 square feet or fraction thereof. (No Surcharge) Commercial Use Valuation Table Use Valuation Table (No Surcharge) Telecommunications Antenna $750 (plus .50 surcharge) 7 percent of yearly rent to city (plus .50 surcharge) Planning Commission Mailed $10 per year $20 per year Agendas Planning Commission Mailed $20 per year $40 per year Minutes Storm Water Management PUD Not Specified $1,996 per acre Sewer Availability Charge $1,050 per unit $1,100 per unit (determined (SAC) by MCES) Sewer Connection/Repair $25 plus $.50 surcharge $25 (No Surcharge is Permit Required) Plan Check Fee 65 percent of permit fee 65 percent of permit fee for valuations over for all permits requiring $10,000 a plan check *Fees as Revised by the State of Minnesota UBC, 1999 Building Data. All other building-related permit fees/charges contained in Exhibit A were reviewed by the Building Official and were adjusted to better reflect actual cost of construction. Al RESOLUTION NO. CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION OF SUPPORT FOR MULTI-JURISDICTIONAL LAW ENFORCEMENT TRAINING CENTER WHEREAS, well-trained peace officers are better able to assure their own safety and the safety and constitutional rights of our citizens; and, WHEREAS, maintaining proficiency in high-liability peace officer activities, including confrontation management, use of force and lawful searches and arrests, is a prudent safeguard against expensive litigation and civil lawsuits; and, WHEREAS, adequate training facilities for unique peace officer skills can be most economically and efficiently provided through the cooperative efforts of several neighboring jurisdictions; and, WHEREAS, funds have been provided in the 1998 Minnesota State budget for a feasibility study on the development of a consolidated law enforcement center in the northeast metropolitan Twin Cities area; NOW THEREFORE, BE IT RESOLVED THAT the City Council direct and authorize the Chief of Police to participate with representatives from other governmental jurisdictions in helping to plan and coordinate the development of such a facility. Adopted this day of November, 1999. ATTEST Charles S. Whiting, City Administrator Dan Coughlin, Mayor (SEAL) City of Mounds View Staff Report To: Chuck Whiting, City Administrator From: Bruce A. Kessel, Finance Director Item Title/Subject: Replacement of Payroll Technician Date of Report: October 27, 1999 I have obtained some information to assist in determining how to proceed with the duties performed by Kitty Hickok. 1. Payroll. For 1999, the City is averaging 90 checks per pay period. It has been suggested that the City should consider contracting out payroll. There are several issues that need to be looked at with payroll. The first is preparation of payroll checks. The City could contract out this function for approximately$1 per check; for 1999 this would cost approximately$2,400. There are various reports that we are required to prepare including annual reporting such as W-2's, State Retirement reports,workers compensation, etc. In addition, there are similar reports that are required on a bi-weekly, monthly or annual basis as well as withholding checks and reporting that is required. Such reporting would add to the cost of contracting out the service. Another issue is distribution of payroll costs. At the present time, payroll is allocated to 33 separate departments within the City. This information is presently entered into our payroll system as part of the process of preparing payroll and is then automatically transferred into the accounting system for reporting. If an outside entity prepared payroll,we would then need to reenter data to get it into our accounting and financial reporting system. We are required to report fiscal data to several state and federal agencies on a functional basis. Also, for management purposes functional reporting is necessary. As such, the need to enter such information by a functional basis would negate the savings from contracting out the payroll processing function. 2. Utility Billing. Utility billing is comprised of several functions including maintaining records for each property(meter)regarding the responsible party, obtaining meter readings, preparation of bills, collection of payments, notices of delinquent accounts, and shutting off utilities for non-payment. It has been suggested that it may be possible to contract out utility billing. In order to do this, it would require one party to perform all of these tasks or an outside party and the City to share the same system. If it was an outside party, the City would almost have to require the party to have a local location due to the need to have contact with the property owners in Mounds View. It would also require a very close working relationship with public works and finance since manual meter readings, meter changes, work orders, shut offs, etc. are preformed by public works personnel and payments/NSF's would in all likelihood be coming through a City bank account. The utility billing system is also integrated into the City's accounting system. If the service was contracted out, we would need to receive information that would then need to be reentered into our accounting system. 3. Fixed Asset accounting. The City is required to keep track of its property, plant and City of Mounds View Staff Report October 28, 1999 Page 2 equipment for accounting and insurance purposes. Kitty reviews all invoices to determine if a fixed asset is acquired. It is then recorded in the fixed asset system and is tagged(City identification tag is placed on the item). The ability to contract out this function is limited since it requires reviewing our paid invoices for capital items, and tagging the actual item with a City of Mounds View identification tag. 4. Miscellaneous duties. Kitty performs a variety of other duties including maintaining and balancing the cash draw, maintaining petty cash, various human resources functions (explaining benefits to employees, reviewing contracts for health insurance, dental insurance, life insurance, cafeteria plans,plan administration, workers compensation, etc.),backup for counter/receptionist, and numerous other duties. These duties require some continuity and will have to be performed by other City employees. Three years ago, the Finance Department consisted of a Director, an Accountant, a payroll technician, and a utility accountant. The Administration Department has varied but generally consisted of the Clerk-Administrator, an Assistant, Human Resources Technician, a secretary and a receptionist. Today, there are three fewer positions in the two departments. The ability to back up duties is limited now. If the payroll position is not filled, the ability to back up duties will be further restricted. If an individual is sick, on vacation, in a meeting, at lunch, etc., the ability to answer phones or cover the counter will be severely hampered. From an internal control standpoint, more and more responsibilities will fall to fewer positions, increasing the ability of one individual to circumvent controls and improperly process one or more transactions and have such transaction(s) go undetected. If the City fills the position within the next 6 to 8 weeks, we should be able to cover the added workload with little or no additional assistance. After that, we will be into year end reporting, closing the books and preparing for auditors,preparing for 4th quarter utility billing, etc. and will need additional assistance. Also, during the interim, most of the individuals that would be required to perform added duties are salaried positions that receive compensatory time but do not receive overtime. If this continued beyond two months, comp time would build to unreasonable levels and burnout would also start to occur. Based upon the salary range for the existing position, I feel that we should be able to hire a knowledgeable individual with an associate or bachelors degree in accounting. Once the individual was trained in, we should be able to reduce the hours for the part time temporary employee Marge Norquist to a few hour per day or week, depending upon the coverage that would be needed for telephones, counter, etc. and limited backup for filing and accounts payables. In regards to contracting out for these services and not replacing the position, I do not feel it is a viable option at this time. To even seriously consider this option, I believe that it would require an in depth study, a detailed request for proposals, and an in depth analysis of all responses. There are several financial security issues that would be raised including the financial controls and health of any respondent(they may have access to City bank accounts and/or cash; there have been several recent cases where service providers have not remitted funds to federal or state agencies resulting in such agencies going back to the clients for non-payment of payroll or other taxes), and internal controls at the City with fewer personnel. There is also the issue serving the public, i.e. having adequate hours for customers to be able to reach a person when they have questions on there account and/or need service for their account. The year 2000 maximum salary for this position is approximately$37,700. Based upon the level of service that would be required by a contractor if we would or could contract out these services, it is highly unlikely that we would recognize any recognizable savings. Recommendation. Place on the November 1st work session for approval to place ad and interview for position,with the intent to fill the position by the end of the year. To strengthen and promote cities as centers of opportunity, i leadership,and October 20,1999 governance. (IMOMr.Rick Jopke • City of Mounds View National League 2401 Highway 10 Mounds View,Minnesota 55112 of Cities Re:A Planbook for Post World War II Houses 1301 Pennsylvania Ave.,N.W. Dear Mr.Jopke: Washington,D.C.20004-1763 202-626-3000 Congratulations! I am very pleased to inform you that your project has been judged as a winner in the Fax: 202-626-3043 National League of Cities'(NLC) 1999 Innovation Awards,`Building a Nation of Communities." Internet vvww.nlc.org "A Planbook for Post World War II Houses,"was identified as a winner in the Investing in-Community category by a distinguished panel of judges. The judges cited the program as exemplary and deserving of 1999 Officers top honors in this year's competition. President Clarence E.Anthony So Mayor,SouthhBay,Florida Winners of the 1999 Innovation Award will be honored and presented their award at NLC's annual First Vice President Congress of Cities conference,this year being held in Los Angeles,California November 30th—December • Bob Knight 4th. In addition,the winners will be highlighted in an upcoming issue of Nation's Cities Weekly. Mayor,Wichita,Kansas Second Vic P esAdent nt Again,I congratulate you on the success of your program. If you have any questions,please feel free to Mayor,Detroit,Michigan contact Kim Spotswood,here at NLC,via e-mail:spotswood@nle.org or via phone(202) 626-3188. I Immediate Past President look forward to celebrating your success with you at the Congress of Cities! Brian J.O'Neill Councilman,Philadelphia, Verytrulyyours, Y , Executive Director Donald J.Borut °Plef* 4. rPs `p_,League 01<.., Donald J.Borut Mari „,... Executive Director .7 1934 1999 ` la '' b;teaaerenlp.6eJ• • Past Presidents:Glenda E.Hood,Mayor,Orlando Florida•Sharpe James,Mayor,Newark,New Jersey•Gregory Lashatka,Mayor,Columbus,Ohio•Cathy Reynolds,City Council President,Denver,Colorado•Directors:Arnie Adanrsen, Councilman,Las Vegas,Nevada•Kenneth A.Alderson,Executive Director,Illinois Municipal League•E.H.Alexander,Commissioner,Red Springs,North Carolina•John B.Andrews,Executive Director,New Hampshire Municipal Association •Larry A.Bakken,Council Member,Golden Valley,Minnesota•James T.Benham,Councilman,Baton Rouge,Louisiana•George D.Blackwood,Jr.,Mayor Pro Into,Kansas City,Missouri•George A.Brown,Jr.,Councilmember,Lexington- Fayette.Kentucky•Maxine Childress Brown,Councilwoman,Rochester,New York•John P.Buono,Councilman,Pontiac,Michigan•Michael Cathay,Alderman,Senatobia,Mississippi•Frank Clinton,Mayor,Paris,Illinois•Hal Daub, Mayor,Omaha,Nebraska•Sue Donaldson,City Council President Seattle,Washington•Francis H.Duehay,Mayor,Cambridge,Massachusetts•Ron Gallegos,Councilman,Longmont,Colorado•John A.Garner,Jr.,Executive Director, Pennsylvania League of Cities and Municipalities•Neil G.Giuliano,Mayor,Tempe,Arizona•Thomas J.Grady,Executive Director,Nevada League of Cities and Municipalities•Becky L Raskin,Council Member,Fort Worth,Texas•Patsy Jo Hilliard,Mayor,East Point,Georgia•Michael Keck,Vice Mayor,Little flock,Arkansas•Jack Lynch,Chief Executive,Butte,Montana•Harriet Miller,Mayor,Santa Barbara,California•James E Miller,Executive Director,League of Minnesota Cities•Linda A.Morton,Mayor,Lakewood,Colorado•William A.Moyer,Executive Director,Oklahoma Municipal League•Jim Naugle,Mayor,Fort Lauderdale,Florida•Lou Ogden,Mayor,Tualatin,Oregon•Jenny Orapeza,Councilmember, Long Beach,California•Willie J.Pitt,Council Member,Wilson,North Carolina•Mary C.Pass,Mayor Pro Tem,Dallas,Texas•Rebecca J.Ravine,Council President,Fort Wayne,Indiana•Johnny Robinson,Councilmember,College Park, Georgia•Michael Sittig,Executive Director,Florida League of Cities•Leon Smith,Mayor,Oxford,Alabama•Daniel M.Speer,Mayor,Pulaski,Tennessee•Connie Sprynczynatyk,Executive Director,North Dakota League of Cities•Evelyn Recycled Paper Wright Turner,Councilor,Columbus,Georgia•Jerrilyn S.Wall,Council President,Evanston,Wyoming i i - Page 1 of 1 Chuck Whiting _ai _/ l/ From: Bruce Kessel [Brucek@rcmnet.org] Sent: Tuesday, October 26, 1999 5:27 AM To: Chuck Whiting Subject: Non retainer legal The only comment I would have is that I don't think that we would need to mail a copy.K&G could print out the email approval back to them for documentation(it would have the author on the email response). If you or they felt it was necessary,we could set up approval levels, i.e. employees like Jim E would be authorized to approve up to$X,Dept heads, a higher level,you a higher level,and anything estimated to cost more than a higher level would need a returned signed copy and possibly Council approval. Bruce 10/27/99 Chuck Whiting From: Riggs, Scott J. [sriggs@Kennedy-Graven.com] Sent: Monday, October 25, 1999 4:47 PM To: 'chuckw@rcmnet.org' Cc: Long, Robert C. Subject: Non-retainer legal work procedure Chuck: I am writing this memorandum in follow-up to the meeting on October 15, 1999 among yourself, Bruce Kessel, Rick Jopke, Bob Long and myself, as to establishing a procedure to help control the cost of legal work to be performed for the city by Kennedy & Graven, Chartered. It is my understanding that Bob Long has forwarded a revised Agreement for Legal Services (the "Agreement") which reflects some of the conclusions we reached. In addition, I am forwarding via this memorandum an initial outline as to how "non-retainer" legal matters will be processed in the city. At the time any legal matter comes within the definition of "non-retainer" pursuant to the Agreement, a form will be forwarded to you and the staff member who requested the legal work. The form will state the matter is designated as a non-retainer matter. The form will need to be appropriately acknowledged by you (or a designated department head) before any legal work or costs are incurred by the city. Pass-through legal work for developers, etc. (generally involving the planning department) will be reviewed and approved in the same manner. It was discussed that the city would institute a practice for developers, etc. whereby a fee schedule will be established and collected before any work is performed or a developer's application is accepted by the city for processing. Such a fee schedule will permit the city to collect an initial amount for the work to be performed by the city so that the city is not in the position of attempting to collect fees from a developer for work performed by the city for the developer's benefit. The fee to be collected from developers should be worked into the application process the city presently utilizes. As noted, no non-retainer legal work will be performed unless approved by the city. The form which I would suggest for use would basically constitute the draft as follows: ***** NON-RETAINER WORK REQUEST FORM The work requested to performed, which is as follows: is covered under the non-retainer definition of the Agreement for Legal Services between the City of Mounds View and Kennedy & Graven Chartered. The estimate for legal fees to be incurred for this matter is: Such non-retainer work is approved up to the estimated amount by on , and work on this matter should begin. Such non-retainer work is disapproved by on and no work should be performed for this matter. Mailed copy sent 1 Mailed copy received ***** The tentative procedure for utilization of the non-retainer form is proposed as follows: Once the form is forwarded by e-mail to you, an e-mail acknowledging your approval/disapproval of the work would be returned to your office, as well as a signed "hard" copy of the e-mail forwarded to you, which can be placed in our files. The estimated cost for legal fees to be incurred will be noted, with legal work to proceed only to the approved amount. If work is required to be performed beyond the estimated amount, a new form would need to be submitted. As I noted, the above is a tentative procedure for the handling of non-retainer matters. Please contact me and/or Bob Long to discuss the above procedure. I would suggest implementing the draft form and procedure for the next non-retainer matter for the city to see if such a procedure is workable. Scott Riggs 2 Item No. litA5gaw Staff Report No. Meeting Date: Type of Business: • WK: Work Session;PH:Public Hearing; CA: Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Water Service Repair Policy Date of Report: October 14, 1999 In light of the number of past and most recently the increasing numbers of residential water service leaks, staff has been researching means by which these repairs or replacements can be performed more effectively. Currently the homeowner is responsible for the maintenance of the water service from the City water main,to and into the structure. This year several homeowners have experienced leaks, and have spent a considerable amount of time and money to have the • • repair performed. Contractors prices have varied from one repair to another, and acquiring a contractor to perform the repair has been difficult, even with City assistance. A couple of leaks remained unrepaired for several months due to a variety of complications. Several thousands of gallons of water was lost due to these leaks. Due to the increasing age of water system and possible inability of residents on fixed incomes to sustain the cost of the repairs, which in some cases may reach several thousands of dollars, staff is requesting Council consider the following proposal. This is only a proposal presented by staff,which may be altered in some ways. A. The City would repair all residential water services from the main to the structure. B. The proposal will be based on ten repairs required per year, with half of the repairs occurring between the curb stop and the house and the remainder from the curb stop to the main, the less expensive repair costing$2000.00 and the higher cost repair, from • the curb stop to the main, which could include dewatering and some impervious surface repair estimated at$5,000.00. Total $35,000.00 C. Assuming 2,800 residential services, including duplexes,townhouses and condominiums, if a water service repair fee of$13.00 per year was charged to all residential property owners, $36,400.00 would be earned to repair services. If a resident lived in the City of Mounds View for 50 years, the assurance that they would never have to consider paying for the repair or replacement of the water service due to a leak, would have cost them $650.00. D. The City would advertise the repair services at the beginning every year or two and select two to three contractors based on their quality of work and rate schedule. Then upon discovery of a leak the No. 1 contractor would be notified of the required repair and City of Mounds View Staff Report October 14, 1999 Page 2 have 5 days to complete the repair. If the No. 1 contractor could not perform the repair in the required time period, the second contractor would be contacted, given the same stipulations. If all three contractors declined to repair the service,No. 1 would be assign to perform the repair or be penalized. The contractor would be responsible for the repair only, and not any restoration, as is currently the case with most repairs. This new policy could save the residents the inconveniences of soliciting quotes for competitive prices, delays in performing the repair and possibly save tens of thousands of gallons of water, not to mention the possible damage to other underground utilities and structures. I'm sure there may be years when few repairs will be performed and years when the revenue collected will not cover the expenditures for the repairs. Averaging the repairs and year should be close to breaking even. At some point an adjustment up of down in the fee might be necessary due to inflation,market labor rates or demand of services. This fund could only be utilized for residential water service repair and could be expended more that once for any resident. This policy would not cover the replacement of water services replaced as part of a capital construction project. Staff seeks Council direction in this matter. ch el Ulrich,Mector of Public Works C\OFFIICE\W P W IN\W PDOCSISTAFPRPT W ATSERV.W PD Item No. ___IF:__Th Staff Report No. Meeting Date: October 25, 1999 Type of Business: W.K. WK: Work Session;PH:Public Hearing; CA: Consent Agenda;CB: Council Business City of Mounds View Staff Report . To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Review of Assessment Policy Revisions Date of Report: October 14, 1999 Staff has inserted the assessment percentages per Council direction. Again the new additions or corrections are in BOLD print. Depending on the order of items on the agenda, the utility budget discussion will have taken place previous to this item and will help explain the assessment percentages on the underground utilities. 7- /,4,/ 574,s4"---- is ael Ulrich, Director of Public Works ORDINANCE NO. 600 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 202, SECTION 202 . 09 OF THE MOUNDS VIEW MUNICIPAL CODE VIEW ENTITLED "PUBLIC IMPROVEMENTS" The City of Mounds View ordains : SECTION I Chapter 202 . 09, Subd 2 of the Mounds View Municipal Code is amended to read: Subd. 2 Improvement Type and Apportionment of Cost : a. Street Reconstruction Including Curb and Gutter. The cost of street reconstruction shall be recovered by the adjusted front footage method. The front footage rate shall be determined by dividing the project cost by the total number of adjusted front feet in the project area x the individual adjusted front footage x one-half (%) . The assessments per adjusted front foot may vary depending on the underlying zoning of a parcel . Assessments for residential properties which are on collector or arterial streets, (MSA, County road) shall be assessed for one hundred (100%) of the pavement surface and base, up to a width of 26 feet, equally divided by both sides of the street. shall be adjusted so that the amount of the assessment shall be the same as if the project were constructed to residential street standards . a. l . Residents requesting Curb and Gutter and/or installation of sidewalks/trails on a construction project will be assessed twenty-five (25%) of the total cost of the Curb and Gutter which will include engineering, additional removals, base and all other associated expenses. a.2 . One hundred (100%) of the turn back funds received from Ramsey County will be applied to the new construction or pavement cost of the road that was received. The remaining cost shall be recovered by means of the general ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. b. Street Resurfacing. Street resurfacing is commonly known and referred to as street overlaying whereby a new bed of road material such as bituminous is installed over an existing paved road to a specific thickness . Assessments shall be determined by the adjusted front footage method at one hundred (100%) percent to properties on both sides of the street. A mill and overlay to an existing paved road will be assessed by the adjusted front footage method at 100% percent to properties on both sides of the street. A recycle and overlay to an existing paved road will be assessed by the adjusted front footage method at one hundred (100%) percent to properties on both sides of the street. c . Sidewalk. Sidewalk improvements may be done in conjunction with a street reconstruction or as a separate project . In any event, cost of sidewalk improvements shall be recovered by assessing twenty-five (25%) to the affected property owners and the remainder paid by the general ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. Sidewalks are generally installed on the City' s major streets, which will connect several neighborhoods and community attractions in a logical pattern. d. Sealcoating. Sealcoating, patching and cracksealing are considered general maintenance activities and the expenses of such acts will be paid for by ad valorem property tax or any other funds available to the City at that time . e. Sanitary Sewer and Water Mains . Repair and replacement of sewer or water mains is usually done in conjunction with a street reconstruction project and the cost of this work should be included as part of the total major street project cost and should also be considered to be included in the rate assessed for street reconstruction. If it is determined that the repair and replacement work results in a greater benefit to some properties and not to others, the Council should consider establishing a different assessment rate based on the benefits received. Sanitary sewer and Water Main replacement / rehabilitation will be assessed at fifty percent (50 %) . f . Sanitary Sewer and Water Trunk Improvements . Trunk sewer and water mains are usually designed to carry larger volumes of flow than are necessary within an immediate property area in order to serve additional properties beyond the area of their immediate placement . Therefore, one hundred percent (100%) of the cost of trunk improvements will be assessed on a unit basis to all properties within a district deemed to be benefitted from the trunk improvements. • g. Sewer and Water Services . Individual sewer and water services benefit only the properties they serve and 100 percent (100%) of their cost shall be assessed to the property for which they are installed. h. Drainage Improvements . Storm drainage and ponding/basin systems are usually constructed to serve a specific drainage or "watershed" district . These drainage districts have trunk lines, which are large diameter pipes that transport large volumes of water from one or more drainage districts . Property within drainage districts that would receive benefit from a trunk storm sewer, would be assessed a unit amount of $400 . 00 per lot for a single family residential lot. This amount would be determined and adjusted annually by resolution using the Engineering News Record (ENR) . Multifamily housing lots that exceed 1/3 acre would be assessed based on the number of acres, multiplied by the unit cost of $1, 200 . 00 per acre . Commercial / Industrial property would be assessed based on the number of acres that are determined to benefit from the trunk line multiplied by the unit cost of $1, 200 . 00 per acre to a maximum amount of three (3) acres or $3 , 600 . 00 . The remaining cost will be paid for by the Surface Water Utility and/or by an ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. Should a project be initiated on a particular street that requires storm sewer laterals which would be connected to the trunk lines, the Surface Water Utility would fund these expenses . I . Special Conditions . Special consideration shall be given to the "age" of a street or utility system when determining the proportion of cost to be assessed to benefitted properties . If it is necessary to reconstruct or resurface a street or perform major repair/replacement work on sewer and water utilities, before a reasonable amount of time (10 to 12 years for resurfacing, 12 to 17 years for partial reconstruction and 17 to 25 years for total reconstruction) the assessment shall be calculated on a pro-rated basis . The remaining cost shall be recovered by means of the general ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. J. In projects involving new street construction, and mill and overlays, mailboxes will be grouped on gang posts in numbers logical to the spacing required. This practice will insure the proper placement of the mailboxes, reduce potential roadside hazards, and generally clean up the edge of the street. The cost of the new posts and installation will be added to the project. Residents of overlays and mill and overlays may request the new posts and installation, which will be added to the cost of the project. Section II . Chapter 202 . 09 Subd 3 of the Mounds View Municipal Code is amended to Read: Subd. 3 METHODS OF ASSESSMENT a. The nature of an improvement determines the method of assessment . The objective is to choose an assessment method which will arrive at a reasonable, fair and equitable assessment which will be uniform upon the same class of property within the assessed area. The most frequently recognized assessment methods are : the unit assessment, the front footage assessment and the area assessment . Depending upon the individual project, any one or a combination of these methods may be utilized to arrive at an appropriate cost distribution. City staff will consider all methods and weigh their applicability to the project and present a recommendation to the City Council in the form of a mock assessment roll (or rolls) . A description of each assessment and its corresponding policy application is presented. A separate section (Section III) will identify the appropriate matchup of method with a specific type of project and analyze why each is generally used. The purpose of assessment formulas is to allocate assessed costs among benefitted properties, the formula should result in a allocation of assessments which is reasonably related to the benefit received. Any one predetermined formula will not be appropriate in all cases because of circumstances unique to the relationship between the specific project and the specific properties benefitted. When considering an assessment method or formula for any given project, it may be necessary to combine assessment methods or to modify the methods described below. Therefore, the following description of methods of assessments should be regarded as guidelines, which may not be appropriate in all cases . b. Unit Assessment . A unit assessment shall be derived by dividing the total project cost by the number of Residential Equivalent Density (RED) units in the project area. A RED unit is defined as a single family residential unit . All platted and unplatted property will assigned RED unit values equivalent to the underlying zoning. When the existing land use is less than the highest and best permitted use, the Council may consider the current use as well as the full potential of land use in determining the appropriate number of RED units . Otherwise, the following RED chart will apply on a per unit basis, subject to adjustment by the Council for any inequities : Single Family 1 . 00 RED Duplex 1 . 00 RED Condominium 0 . 80 RED Multifamily (3 units or more) 0 . 80 RED Townhouse 0 . 80 RED Commercial 2 . 00 Units Industrial 2 . 00 Units The unit approach has proven to be the best method in those instances whereby the improvement largely benefits everyone to the same degree and the cost of the improvement is not generally affected by parcel size . c . Area Assessment . The assessable area shall be expressed in terms of the number of acres or the number of square feet subject to assessment . When determining the assessable area, the following considerations will be given: (1) Ponding Assessment Consideration. Lakes, ponds and swamps may be considered a part of the assessable area of a parcel . (2) Road Right-of-Way Assessment Consideration. Up to 20 percent (200) of the gross acreage may be deducted for street right-of-way purposes within unplatted parcels of five acres or more depending upon the parcel configuration and is only applicable to single family residential use. Parcels of less than five acres may not qualify and may be assessed full acreage. The reason for this size restriction is that, in most instances, parcels of less than five acres cannot support an internal public road system. (3) Park Dedication Assessment Consideration. When park land is dedicated as part of a residential development, as required by Subdivisions Code - Chapter 1204 . 02 , the developer shall not be assessed an acreage charge on the portion of land dedicated. d. Front Footage Assessment . The actual physical dimensions of a parcel abutting an improvement (ie . , street, sewer, water, etc . ) will generally not be construed as the frontage utilized to calculate the assessment for a particular parcel . Rather, an "adjusted front footage" will be determined. The purpose of this method is to equalize assessment calculations for lots of similar size . Individual parcels by their very nature differ considerably in shape and area. The following procedures will apply when calculating adjusted front footage. The selection of the appropriate procedures will be determined by the specific configuration of the parcel . All measurements will be scaled from available plat and section maps and will be rounded down to the nearest IA foot dimension with any excess fraction deleted. e . Categorical type descriptions are as follows : Standard Lots Rectangular Variation Lots Triangular Lots Cul-de-sac Lots Curved Lots Irregularly Shaped Lots Corner Lots Flag Lots Double Frontage Lots The ultimate objective of these procedures is to arrive at a fair and equitable distribution of cost whereby consideration is given to lot size and parcels are comparably assessed. SECTION III . This ordinance is effective thirty days after its publication. Introduced and read by the City Council of the City of Mounds View on April 28, 1997 . Read and passed by the City Council of the City of Mounds View this 12 day of May, 1997 . ATTEST: MAYOR (SEAL) ADMINISTRATOR APPROVED AS TO FORM: CITY ATTORNEY