HomeMy WebLinkAboutAgenda Packets - 1999/12/06 CITY OF MOUNDS VIEW
WORK SESSION
AGENDA
December 6, 1999
Items Discussed
Per Consensus
City Administrator's Report
1. Decertification of TIF District 4.
2. Golf Course Report: Year-End 1999, Projects for Year 2000.
3. Review of Golf Course Interfund Loan.
4. Review of Ordinance 644, an Ordinance Amendment to Allow Billboards
by Conditional Use Permit.
5. Point of Sale Policy.
6. Update on Housing Replacement Properties.
7. Review of Metricom Corporation Request for Right of Way Agreement.
8. Review of Silverview Townhome Association Agreement.
9. Personnel Policies Manual—Final Review.
10. Data Practices Policy.
11. Y2000 Pay Plan.
12. Preview of Y2000 Board and Commission Appointments, Business
Meeting Actions.
13. Request to County for Temporary Name Clarification for Old
Highway 10.
14. Resolution No. 5396, a Resolution Requiring Cable Broadcasting of City
Business Conducted at Open Public Meetings.
M:\1999\Worksession Packet\12-6-99\Agenda.doc
CITY OF MOUNDS VIEW
TRUTH IN TAXATION MEETING
AGENDA
December 6, 1999
6:00 p.m.
Items Discussed
Per Consensus
1. Presentation of Proposed Budget for the Year 2000.
2. Questions from the public on the Proposed Year 200 Budget.
C:\JoanB\AGENDAS\CC\12-06-99.taxation mtg.doc
November 30, 1999
To: Honorable Mayor and City Council
From: Chuck Whiting, City Administrator
Re: December 6, 1999 City Council Meeting and Work Session
Truth in Taxation Hearing, 6 p.m.: The Council will be calling to order to conduct the Truth in
Taxation hearing starting at 6 pm on Monday. The Council can conduct the hearing in a similar
fashion to the November 22 meeting, and take questions from residents. As with any hearing, the
hearing is closed when comments are completed, after which the Council may want to spend its
own time going over any final budget issues prior to next week's final adoption of the budget and
levy.
As for the work session, here is what we have as of Tuesday evening:
Item 1 - Decertification of TIF District 4: The proposal stems from past discussion as whether
to do this, and from the more recent proposal from Walgreens to consider part of this district as a
development. While the district was set up to capture increment generated by the community
center, it was not set up to capture increment from a develop like Walgreens. It appeared for
some time that inaction in the district would simply allow it to lapse, but with the Walgreens
interest and the two small Videen lots included in the district, the Council should probably
decertify the district simply to eliminate it should a development take place.
Item 2 - Golf Course Report: Year End 1999: John will be present to review the year at the
Bridges and again lay out issues facing the City in future operations of the course. Several items
will need to be reviewed so this item may take the better of an hour.
Item 3 - Golf Course Interfund Loan: This too has to be reviewed, preferably prior to making
a final decision. Items for the Council to consider are when and how its final decision is to be
made, which we can review with you on Monday.
Item 4 -Review of Billboard Ordinance Amendment: This somewhat related item also is
coming up for Council action. A public hearing is being set for the December 13 meeting with
notice in the paper.
Item 5 - Point of Sale Policy: This issue was brought up several weeks ago and delayed for
discussion until now. Staff will review the issue with the Council and the merits of options.
Item 6- Update on Housing Replacement Properties: Jim Ericson will report on this item.
Item 7-Review of Metricom Corporation Request for Use of City Right of Way: The
materials in your packet should explain this well enough. Metricom is a vendor of wireless
internet access through their product attached to light poles in the right of way. Their agreement
with the City is being reviewed by the city attorney, but has passed muster in other communities.
The Council may note that some service options are made available to the City,but I do not
believe the City can make such options a condition for granting the agreement. We will be
checking on that, but please keep that in mind during the discussion.
Item 8 - Review of Silverview Townhome Association Public Improvements Agreement:
The Council will recall discussing this issue with Mike Berke of the Association some weeks
ago. Staff was directed to sit down with Mr. Berke, their attorney and the city attorney to review
the matter. That meeting took place. Scott Riggs will be present to review options with the
Council.
Item 9 - Personnel Policies Manual: Scott and Givonna will be present to review this in its
final form in preparation for Council action at the December 13 meeting.
Item 10- Data Practices Policy: They will do the same for this item.
Item 11 - Year 2000 Pay Plan: Staff is working on a pay plan for 2000 based on budget and the
City's point system for review with the Council.
Item 12 - Preview of Y2000 Board and Commission Appointments and Business Meeting
Actions: Givonna is preparing information for the Council's appointments and assignments at
the January business meeting.
Item 13 - Review of Request to County for Sign Name Clarification on County Highway 10:
This is an attempt to distinguish between old Highway 10 and the new 10, by asking the County
to clarify their highway signs. This comes from a meeting with Mounds View business owners
this week. The Mayor and I can review this Monday with the Council.
This is it for now, since it is only Tuesday, the agenda may have changed some by the time you
receive your packet. Also, Council members may for the first time get much of their packet via
email. Please let us know how that works for you.
In other matters, things are fairly quiet. The staff meeting of this week simply reviewed this
agenda, with some discussion in preparation for the December 7 Council Administrator retreat. It
was a slim crowd, so not a lot to report. Community Development will have their two new
employees by December 13. Finance is working on replacing Kitty while doing both utility
billing and payroll. So far they are staying on top of it, much to their credit and some additional
hours.
I will be in Los Angeles the rest of this week with Lynne at the National League Conference.
Mike is acting administrator the rest of the week. See you next Monday.
2000 Budget Summary 12/6/99, 9:52 AM
1994 1995 1996 1997 1998 1999 2000 Change from 1999
Actual Actual Actual Actual Actual Budget Budget Dollar Percent
Golf Course(Fund 750): c.:9_,/
Revenues
3610 Investment income 0 27,553 22,461 23,434 4,093 17,266 5,000 (12,266) -71.04%
3680 Miscellaneous 0 1,160 0 (490) 153,812 0 0 0 #DIV/0!
3681 State sales tax 0 0 (30,643) (42,583) (45,448) (48,749) (49,986) (1,237) 2.54%
3690 Cash over/short 0 208 500 525 696 0 0 0 #DIV/0!
3800 var Course revenues 0 228,910 371,348 431,650 483,521 506,250 537,000 30,750 6.07%
3800 var Pull carts 0 0 0 5,746 5,486 7,183 5,000 (2,183) -30.39%
3800 var Power carts 0 0 0 15,228 19,478 20,000 30,000 10,000 50.00%
3800 var Club rental 0 0 0 2,125 2,762 2,550 2,000 (550) -21.57%
3805 var Clubhouse-food 0 5,385 48,482 65,197 65,174 53,000 80,000 27,000 50.94%
3805 var Clubhouse-merchandise 0 0 0 27,507 44,689 31,500 32,000 500 1.59%
3810 var Practice range revenues 0 9,654 82,697 96,314 127,828 141,000 145,000 4,000 2.84%
3820 Lessons 0 0 0 13,145 13,746 20,000 20,000 0 0.00%
3911 Sale of assets 0 0 0 0 8,350 0 7,000 7,000 #DIV/0!
P° 28,402 52,341 0 0 0 0 0 0 #DIV/0!
U� ➢ Transfers
°_ = Other revenues 0 1,559 1,767 4,284 41 3,000 3,000 0 0.00%
Total revenue 28,402 326,770 496,612 642,082 884,228 753,000 816,014 63,014 8.37%
Operating expenses
Course Operations(4900)
Personnel services
0100 Salaries,regular 23,553 26,171 37,389 78,330 119,576 322,403 343,646 21,243 6.59%
0110 Salaries,overtime 0 537 760 112 333 0 #DIV/0!
0150 Salaries,part-time 0 23,997 18,947 37,605 40,270 0 #DIV/0!
0300 Pensions 2,581 5,206 6,694 11,023 18,926 0 #DIV/0!
0400 Group insurance 1,860 3,754 3,632 6,000 4,809 0 #DIV/0!
0500 Workers compensation 408 1,515 913 2,052 3,259 0 #DIV/0!
0990 Severence 0 0 0 0 1,458 0 #DIV/0!
Total personnel services 28,402 61,180 68,335 135,122 188,631 322,403 343,646 21,243 6.59%
Materials&supplies
1210 Supplies,bldgs&grnds 0 41,899 26,021 18,392 38,885 15,000 18,000 3,000 20.00%
1220 Supplies,vehicles 0 4,969 4,852 5,480 5,101 5,000 9,000 4,000 80.00%
1230 Supplies,equipment 0 3,637 8,755 1,835 1,266 3,000 3,000 0 0.00%
1600 Supplies,operating 0 1,554 3,462 9,462 12,134 7,000 13,000 6,000 85.71%
1700 Motor fuels 620 3,881 4,520 5,216 5,028 5,000 5,500 500 10.00%
2400 Uniforms 0 274 2,182 1,979 3,131 2,500 2,500 0 0.00%
Total materials&supplies 620 56,214 49,792 42,364 65,545 37,500 51,000 13,500 36.00%
Contractual services
3030 Other professional services 0 9,822 5,133 126,429 181,741 3,000 2,000 (1,000) -33.33%
3100 Telephone 1,552 0 234 774 477 800 0 (800) -100.00%
3210 Electricity 0 0 0 0 2,377 500 5,000 4,500 900.00%
3530 Debris removal 0 289 0 618 0 1,000 0 (1,000) -100.00%
3610 Memberships 290 0 75 609 353 1,000 1,000 0 0.00%
3630 Training&conferences 45 350 312 641 4,660 3,000 2,000 (1,000) -33.33%
4010 Equipment rental 0 4,759 907 3,961 4,879 3,000 1,000 (2,000) -66.67%
4030 Satellites 0 522 668 671 1,001 1,500 1,500 0 0.00%
4800 Insurance 0 2,583 1,454 2,220 3,525 2,000 6,000 4,000 200.00%
5110 Repairs,bldgs&grnds 0 0 716 2,945 7,628 5,000 2,000 (3,000) -60.00%
5130 Equipment repairs 0 0 1,809 1,317 3,491 4,000 6,500 2,500 62.50%
9150 Unreimbursed insurance claims 0 0 0 4,407 0 4,000 1,000 (3,000) -75.00%
Total contractual services 1,887 18,325 11,308 144,592 210,132 28,800 28,000 (800) -2.78%
Capital outlays
7010 Buildings&structures 0 0 0 550 0 0 2,000 2,000 #DIV/0!
7030 Equipment 0 0 0 0 0 35,000 10,000 (25,000) -71.43%
7050 Construction 0 0 0 0 0 37,500 2,000 (35,500) -94.67%
7070 Landscaping 0 0 0 0 0 17,500 3,000 (14,500) -82.86%
7950 Depreciation 5,385 46,743 78,489 74,456 79,662 52,000 80,000 28,000 53.85%
Total capital outlays 5,385 46,743 78,489 75,006 79,662 142,000 97,000 (45,000) -31.69%
Debt Service
7955 Amoritzation of discount 0 0 0 0 4,811 0 4,811 4,811 #DIV/0!
8010 Principal 0 0 0 0 0 35,000 60,000 25,000 71.43%
8020 Interest 0 183,490 184,366 183,486 183,486 183,490 181,740 (1,750) -0.95%
8021 Interest,lease 0 0 0 0 1,126 0 0 0 #DIV/0!
8030 Paying agent fees 4,811 5,200 5,246 363 385 410 410 0 0.00%
Total debt service 4,811 188,690 189,612 183,849 189,808 218,900 246,961 28,061 12.82%
Total Course Operations 41,105 371,152 397,536 580,933 733,778 749,603 766,607 17,004 2.27%
Enterprise
2000 Budget Summary 12/6/99, 9:52 AM
1994 1995 1996 1997 1998 1999 2000 Change from 1999
Actual Actual Actual Actual Actual Budget Budget Dollar Percent
Practice Range(4902)
Personnel services
0100 Salaries,regular 0 0 0 0 4,433 0 0 0 #DIV/0!
0110 Salaries,overtime 0 336 16 318 0 0 #DIV/0!
0150 Salaries,part-time 0 12,655 30,201 26,594 8,140 0 #DIV/0!
0300 Pensions 0 996 2,342 2,660 1,261 0 #DIV/0!
0400 Group insurance 0 0 0 0 0 0 0 0 #DIV/0!
0500 Workers compensation 0 93 75 17 199 0 0 0 #DIV/0!
Total personnel services 0 14,080 32,634 29,589 14,033 0 0 0 #DIV/0!
Materials&supplies
1210 Supplies,bldgs&grounds 0 0 0 0 1,737 2,500 4,000 1,500 60.00%
1220 Supplies,vehicle&equipmt 0 0 0 0 0 500 800 300 60.00%
1600 Supplies,operating 0 14,463 0 9,672 5,996 7,000 0 (7,000) -100.00%
Total materials&supplies 0 14,463 0 9,672 7,733 10,000 4,800 (5,200) -52.00%
Contractual services
3210 Electricity 0 0 0 0 4,159 5,000 1,500 (3,500) -70.00%
5130 Equipment repairs 0 0 0 0 0 0 0 0 #DIV/0!
Total contractual services 0 0 0 0 4,159 5,000 1,500 (3,500) -70.00%
Capital outlays
7030 Equipment 0 0 0 0 0 0 5,000 5,000 #DIV/0!
7050 Construction 0 0 0 0 0 0 0 0 #DIV/0!
Total capital outlays 0 0 0 0 0 0 5,000 5,000 #DIV/0!
Total Practice Range 0 28,543 32,634 39,261 25,925 15,000 11,300 (3,700) -24.67%
Lawsuit corrections(4903)
Personnel services
0100 Salaries,regular 0 0 0 0 0 0 10,000 10,000 #DIV/0!
0150 Salaries,part-time Should be sufficient funds in salaries under contract,however,if unforseen circumstances,actual
0500 Workers compensation salaries would be$25,000 plus benefits. 0 0 0 #DIV/0!
Total personnel services 0 0 0 0 0 0 10,000 10,000 #DIV/0!
Materials&supplies
1210 Supplies,bldgs&grounds 0 0 0 0 0 7,000 5,000 (2,000) -28.57%
1220 Supplies,vehicle&equip 0 0 0 0 0 0 2,000 2,000 #DIV/0!
1700 Motor fuel 0 0 0 0 0 1,500 1,000 (500) -33.33%
Total materials&supplies 0 0 0 0 0 8,500 8,000 (500) -5.88%
Contractual services
5130 Equipment repairs 0 0 0 0 0 1,500 2,000 500 33.33%
Total contractual services 0 0 0 0 0 1,500 2,000 500 33.33%
Capital outlays
7030 Equipment 0 0 0 0 0 30,000 1,000 (29,000) -96.67%
7050 Construction 0 0 0 0 0 68,000 0 (68,000) -100.00%
Total capital outlays 0 0 0 0 0 98,000 1,000 (97,000) -98.98%
Total lawsuit outlays 0 0 0 0 0 108,000 21,000 (87,000) -80.56%
Total outlays 46,099 504,151 565,033 846,818 1,020,780 971,303 919,507 (51,796) -5.33%
Revenues less outlays (17,697) (177,381) (68,421) (204,736) (136,552) (218,303) (103,493) 114,810 -52.59%
Less: Capital outalys 0 (1,000) 0 (550) 0 (188,000) (26,000) 162,000 -86.17%
Principal on debt 0 0 0 0 0 (35,000) (60,000) (25,000) 71.43%
Net income(loss) (17,697) (176,381) (68,421) (204,186) (136,552) 4,697 (17,493) (22,190) -472.43%
Cash,beginning year 68,936 376,546 62,137 122,159 0 2,852 36,549 33,697 1181.52%
Add:depreciation 5,385 46,743 78,489 74,456 79,662 52,000 80,000 28,000 53.85%
Less:principal on debt 0 0 0 0 0 (35,000) (60,000) (25,000) 71.43%
Less capital outlays (2,144,018) (156,421) (85,290) (123,046) (147,777) (188,000) (26,000) 162,000 -86.17%
Interfund loan 0 0 0 190,508 249,492 200,000 0 (200,000) -100.00%
Other increases(decreases) 2,463,940 (28,350) 135,244 (59,891) (41,973) 0 0 0 #DIV/0!
Cash,end of year 376,546 62,137 122,159 0 2,852 36,549 13,056 (23,493) -64.28%
Cash,reserved for bond payments 309,000 309,000 309,000 309,000 309,000 309,000 309,000
Enterprise
2000 Budget Summary 12/6/99, 9:52 AM
1994 1995 1996 1997 1998 1999 2000 Change from 1999
Actual Actual Actual Actual Actual Budget Budget Dollar Percent
Club House Operations(4901)
Personnel services
0100 Salaries,regular 0 26,661 9,539 0 49,495 0 #DIV/0!
0110 Salaries,overtime 0 502 1,649 3,969 711 0 #DIV/0!
0150 Salaries,part-time 2,295 17,511 40,666 98,822 63,097 0 #DIV/0!
0300 Pensions 484 4,337 5,846 11,380 13,592 0 #DIV/0!
0400 Group insurance 0 1,651 385 394 2,452 0 #DIV/0!
0500 Workers compensation 0 7 439 126 393 0 #DIV/0!
Total personnel services 2,779 50,669 58,524 114,691 129,740 0 0 0 #DIV/0!
Materials&supplies
1210 Supplies,cost of sales 0 21,971 44,347 55,425 75,683 50,000 70,000 20,000 40.00%
3 '1Supplies,vehicles 0 0 0 13 0 0 0 0 #DIV/0!
1230 Supplies,equipment 0 0 0 969 1,231 1,000 1,000 0 0.00%
1600 Supplies,operating 0 11,833 6,965 12,325 13,281 8,000 13,000 5,000 62.50%
2400 Uniforms 0 0 0 1,000 0 1,000 1,000 0 0.00%
Total materials&supplies 0 33,804 51,312 69,732 90,195 60,000 85,000 25,000 41.67%
Contractual services
3030 Other professional services 0 143 381 2,128 15 0 4,500 4,500 #DIV/0!
3100 Telephone 0 3,471 3,785 6,371 7,234 6,500 5,000 (1,500) -23.08%
3200 Water&sewer 0 224 1,250 986 1,940 1,000 2,000 1,000 100.00%
3210 Electricity 2,107 8,005 11,243 11,146 11,107 12,000 3,000 (9,000) -75.00%
3220 Natural gas 108 688 942 996 566 1,000 1,000 0 0.00%
3420 Advertising 0 3,129 2,479 4,813 12,051 8,000 3,000 (5,000) -62.50%
3450 Advertising-charities 0 0 0 0 0 1,500 0 (1,500) -100.00%
3530 Debris removal 0 919 1,375 722 395 700 800 100 14.29%
3610 Memberships 0 0 0 1,294 1,223 1,500 1,700 200 13.33%
3630 Training 0 0 730 1,953 2,984 2,000 3,000 1,000 50.00%
4010 Equipment rental 0 0 0 1,704 0 0 0 0 #DIV/0!
4800 Insurance&bonds 0 0 2,400 1,563 3,278 2,000 5,400 3,400 170.00%
5110 Repairs,bldgs&grads 0 2,404 442 5,575 349 2,000 2,500 500 25.00%
5130 Equipment repairs 0 0 0 2,950 0 500 700 200 40.00%
Total contractual services 2,215 18,983 25,027 42,201 41,142 38,700 32,600 (6,100) -15.76%
Capital outlays
7010 Buildings&structures 0 0 0 0 0 0 0 0 #DIV/0!
7030 Equipment 0 0 0 0 0 0 2,000 2,000 #DIV/0!
7050 Construction 0 1,000 0 0 0 0 1,000 1,000 #DIV/0!
Total capital outlays 0 1,000 0 0 0 0 3,000 3,000 #DIV/0!
Total Club House Operations 4,994 104,456 134,863 226,624 261,077 98,700 120,600 21,900 22.19%
Enterprise
SUNSHINE PRINTING TEL NO .305 451-3752 Dec 02 ,99 16 :50 P .01
4t-Cit
MEMO
TO: Chuck Whiting
FROM: John Hammerschmidt
TOPIC: Golf Course
DATE: 12/01/99
On December 6th, 1999 I have requested one hour to address golf course issues.I expect to cover the 1999
revenues and expenditures, 1999 projects and the status of these projects,the 2000 budget,and
recommendations for possible expansion of the golf course business.Due to the extended season we have
had in November and the fact I cut a planned vacation in half,which I am now on,I will not have the entire
packet of information available in time for this week's packet.I will do a summary of what I expect to talk
about and put it in the December 6s'packet.On Monday at the work session I will provide the rest of the
Information.
Estimated 1999 revenues and expenditures:
Gross revenues from golf course operations were once again 60%to 90%more than other executive courses
in the twin city area.Gross revenues from the practice range including lessons were about$5,000 per
station.Area practice ranges that we were able to get numbers for ranged from$2,000-$4000 per station.
Our net income(profit)for the entire golf course operation was well above the national average of 20%.
Capital expenditures,(including a new pump station,a 3500 sq.ft.storage facility,cart paths going
completely around the course,and various equipment replacement expenses),plus principal and interest
payments will show a negative cash flow.
The loan the council is considering will put the course in a position of having the cash on hand equal to
what the bond covenants require.
Project status:
Tee expansion on 3r4 hole will start 3-00.
Paving cart path areas---Hold due to budget
Tree planting from tree trust----Hold due to budget
Replacement of irrigation satellites—Hold due to budget
Replacement practice range mats---Hold due to budget
Ongoing soil repair---Cut back 50%due to budget
Landscaping on all tee boxes--Hold due to budget
Equipment replacement---Hold due to budget
Clubhouse carpeting--Hold due to budget
Bridge Replacement—Hold due to budget*
New tee on 66 hole—Hold due to budget*
Berming around fence line--Hold due to budget*
Irrigation expansion---Hold due to budget
Additional clubhouse office space—Hold duo to budget
Maintenance Bldg shower and lockers--4-00.
Net replacement—Hold due to budget
Security cameras and electronic front gate—Hold due to budget
Bathroom enclosures—Hold due to budget
New riding carts---Hold due to budget
SUNSHINE PRINTING TEL NO .305 451-3752 Dec 02 ,99 16 :51 P .02
Grinder for reels—Hold due to budget
'These projects will be part of the comprehensive plan that is being worked on for the`Big woods'
Budget 2000
After doing a down and dirty version of the budget for 2000 I still had a negative cash flow of about
$60,000.After another staff meeting where we cut everything for 2000 that would not immediately decrease
revenues and increased everything we thought was possible,we came up with a balanced budget.This
budget does not take into account depreciation and contributes nothing to any kind of reserves we should
have on hand.
As you can see we put almost everything that was planned for projects on hold.How long can we put
everything on hold before it starts to affect revenues or moves larger costs into the fihture,is an important
topic to discuss at our work session.
Concourse business expansion:
The last four years I have presented opportunities that we could pursue in order to make the golf course
have a positive cash flow.These opportunities are still available.Each year they are not acted on costs
money for revenue not earned and will cost more to do as construction costs go up.
Even though it's not pleasant to hear,I need to repeat the rule of thumb for financing golf courses.To break
even you need to charge$10 for every million dollars in costs.Our course cost 3.1 million and we can not
charge$31.00 for a round of golf. We also had many unanticipated problems that needed to be fixed.
Obviously it was built to run at a deficit.
Six projects have been proposed to produce revenues and have positive cash flows.Adding another nine
holes,lighting the course for night golf,expanding the practice range and using it year round,adding a pitch
and putt short course,mini golf,and putting in food and bar service have been discussed.The other item
brought up last spring was billboards.Most of these projects will produce significant positive cash flow
immediately.
I have used every means possible to offset this deficit.Can you picture what the debt would be if we were
doing just as well as the other courses instead of outperforming them almost two to one?One other
reminder on costs is that hundreds of thousands of dollars have been saved by doing major projects in-house
and not contracting them out.This work was all done outside of the requirements put in my contract.
There is three years left under my current agreement and I would like to have the city council give
authorization to either modify the existing contract or draw up a new long term one.I feel that I have proven
myself a good steward of the golf course and would like a long-term commitment before we start on this
next phase of the golf course plan.
Summary:
The Bridges Golf Course is an incredibly successful operation that every person in Mounds View can be
proud of.Some people in the community were told that the golf course would be this huge moneymaker
immediately.They also thought that there would be few if any up front costs to develop this course after the
construction was over.For some reason instead of trying to find a way to solve these problems and get
behind this operation they have sat on the sidelines running the golf course down.Does this make any
sense?The more they run down the golf course,the fewer people will come and we will lose more money.
Because of this there has been a reluctance to look at this operation from a business view rather than a
political view.
What do other cities do? Several just subsidize the operation each year with the idea that a golf course like
a park,a hockey arena,or a community center adds value to the community.Some manage to pay for the
SUNSHINE PRINTING TEL NO .305 451-3752 Dec 02 ,99 16 :53 P.03
course up front then either take money out each year or let them put their profits into a fund.
Others just hide their loses and pay for them out of different funds that already exist.For example salaries
charged to different departments or materials such as fuel and fertilizer charged to a central depot without
any charge backs.Several have expanded their businesses so that they can cash flow the entire operation.
Options:
Do nothing.
Pay down the debt.
Put up billboards.
Expand 9 more holes
Expand driving range
Build short course
Light the course
There is a bright light at the end of the tunnel.When the golf course is paid off it can be the engine used to
fuel any future economic development projects,fund your parks programs,or reduce tax burdens.I think
this should be the year that we look at the whole long-term picture and come up with some constructive
actions.
042
_ R O:N m r,Y T,A L
U)NSUL[!NG, INC.
December 3, 1999
Mr. Chuck Whiting
City Administrator
City of Mounds View
2401 Highway 10
Mounds View, MN 55112-1499
Subject: Proposal for Consulting Services
Wetland and Land Use Planning/Facilitation
Bridges Golf Course Area
PEC Proposal No. 80-525
Dear Mr. Whiting:
Peterson Environmental Consulting, Inc. (PEC) appreciates the opportunity to submit this
proposal for land use and wetland planning and facilitation services related to the Bridges
Golf Course area. As you know, PEC has been conducting hydrologic investigations on
wetlands on the City's property adjacent to the Bridges Golf Course. The purpose of this
investigation has been to delineate the boundaries of partially to effectively drained
wetlands in the area, to allow the City to evaluate its long-term options for the use of this
property. We are now in the process of finalizing this investigation.
We are pleased to submit this proposal for wetland, stormwater management and land use
planning services for this property. It is our understanding that the overall objectives of
our work are to; (1) develop a series of conceptual alternatives for the project area which
encompass wetland restoration, stormwater management, active/passive recreation, and
potentially some residential development, (2) facilitate cooperative efforts among the
Cities of Mounds View and Blaine, the Rice Creek Watershed District (RCWD), and
interested/affected property owners and residents in the planning process and, (3) assist
the City of Mounds View in obtaining approvals for the implementation of the selected
alternative. We have already met with the staff of RCWD to discuss stormwater
management concepts that they are evaluating with respect to Judicial Ditch 1 and
environs. We have also obtained a cost estimate from Westwood Professional Services,
Inc. for carrying out surveying tasks needed to conduct our analysis. The project area
that is the subject of this proposal is shown in the attached figure. Each of these tasks
`! ,hrs Road,cite 100 a Mendota Heights,Minnesota 55120-1112 g 651-686-0151 = a;651 (5" 0.161 ., F-n ui.1)2, );2p1,, c•
Big Rapids,Michigan(231)796-0903 nIvy,.Petersonen+.-.cum
Mr. Chuck Whiting
December 3, 1999
Page 2
PEC Proposal No. 80-525
and their estimated costs are discussed in greater detail in the following proposed Scope
of Work.
SCOPE OF WORK
Task 1.0 Project Management Team and Schedule
PEC will assist the City of Mounds View in establishing a list of interested agencies and
individuals (potential stakeholders) to participate in and represent the various interests
affected by the planning process. A preliminary list of potential stakeholders would
include; (1) the Cities of Mounds View and Blaine, (2) the RCWD (including
Montgomery Watson, the district's consulting engineers), (3) Sysco Inc., (4) MnDOT, (5)
the U. S. Army Corps of Engineers and (5) landowners/residents that would potentially
be affected by development of the City's property or changes to Judicial Ditch 1.
From the list of potential stakeholders, a Project Management Team (PMT) will be
organized to facilitate the interests of the affected groups and to establish a list of issues
and concerns, and goals and objectives for the successful completion of the project. PEC
will serve as staff to the PMT and facilitate its meetings and presentations. It is
envisioned that the PMT will convene four meetings, the first of which would occur
during Task 1. This meeting would be held to:
• Establish stakeholder involvement and project schedule
• Establish project need and list of known issues and concerns
• Develop list of project goals and objectives
Cost Estimate $2,938
Task 2.0 Data Collection and Synthesis
PEC will collect and synthesize existing data, analyses and studies that have been carried
out in the project area. These items include but are not limited to; (1) the wetland
delineation report prepared from PEC's hydrologic data, (2) conceptual development
plans previously prepared for City property south of Trunk Highway 10, (3) stormwater
management calculations and concepts for Judicial Ditch 1 prepared by RCWD and (4)
locations of existing trails and other recreational facilities in both Mounds View and
Blaine. These items (and any other relevant information that is found) will be compiled
into an information package for use by the PMT. A second meeting of the PMT would
be convened as part of Task 2.0 to:
• Refine list of issues and concerns, goals and objectives from Task 1.0
• Present results of data collection and analysis
Mr. Chuck Whiting
December 3, 1999
Page 3
PEC Proposal No. 80-525
• Present framework for the concept alternatives
Cost Estimate $2,638
Task 3.0 Development of Concept Alternatives
PEC will work with the PMT to develop concept alternatives for future land use on the
subject property. These alternatives will, to the degree possible, balance the needs and
desires of the stakeholders. PEC will develop up to four primary concept alternatives
which will address the issues identified and incorporate the goals and objectives
established by the PMT. Concept alternatives are expected to incorporate options for
wetland restoration, stormwater management, active and passive recreation, golf course
expansion/improvement, and potential residential development. Concepts will be
sufficiently detailed to illustrate distinctions between alternatives and will be delivered to
the PMT in both presentation and handout formats. A third meeting of the PMT will be
held as part of Task 3.0 to:
• Present concept alternatives and receive feedback
• Discuss the establishment of performance objectives, if necessary, for application and
assistance in screening and rating the alternatives to select a preferred concept
• Set date and discuss approach to Open House
Cost Estimate $4,498
Task 4.0 Conduct Open House
PEC will assist the PMT in conducting an informal Open House to discuss the approved
project concept alternatives. PEC will assist in providing staff resources for the Open
House,' presentation illustrations, handouts, and. opportunities to receive public
comments. Comments received at the Open House will be incorporated in the project
record and will be considered, as appropriate, in the selected concept.
Cost Estimate $3,210
Task 5.0 Refinement of Alternatives, Selection of a Preferred Alternative
PEC will assist the PMT in the screening and refinement of alternatives and in the
selection a Preferred Concept Alternative. Input from the PMT and the Open House will
be used to further refine the alternatives that most closely match the PMT's project goals
and objectives. If necessary to assist in the selection of a preferred solution, PEC will
develop evaluation criteria to screen and rate the alternatives for the PMT. A fourth
meeting of the PMT will be convened as part of Task 5 to:
Mr. Chuck Whiting
December 3, 1999
Page 4 •
PEC Proposal No. 80-525
• Select the preferred concept alternative
• Discuss implementation activities
Cost Estimate $2,262
Task 6.0 Land Use Alternatives Report
With the input and results of the preceding tasks, PEC will prepare a report with data and
graphics documenting the results of Tasks 1.0 through 5.0. The report will also include
recommendations for implementation scheduling and preliminary and final design of the
preferred concept alternative.
Cost Estimate $5,024
Task 7.0 Present Preferred Alternative to Planning Commission and Council
Under Task 7.0, PEC will present the results of the PMT's work to the Mounds View
Planning Commission and City Council (one meeting each has been assumed).
Cost Estimate $2,272
Task 8.0 Regulatory Memorandum
PEC will provide guidance to the City of Mounds View for obtaining regulatory agency
approvals and necessary permits for the selected alternative. This task will include the
preparation of a regulatory analysis memorandum identifying all agencies having
permitting jurisdiction over the project and anticipated permit requirements. The
preparation and processing of permit application packages will be done under a separate
proposal and has not been included in this task.
Cost Estimate $1,000
COMPENSATION
The tasks described above will be provided on an hourly basis according to the attached
Fee Schedule and General Contract Conditions for a total estimated cost of$23,842.
GENERAL CONTRACT CONDITIONS
The attached General Contract Conditions are hereby incorporated into and made part of
this agreement by reference.
Mr. Chuck Whiting
December 3, 1999
Page 5
PEC Proposal No. 80-525
We very much appreciate the opportunity to be of ongoing assistance with this project.
Please feel free to contact us regarding any questions regarding this proposal. If this
proposal meets with your approval, please sign and return one copy to signify our formal
authorization to proceed.
Best regards,
w• o' noir r �,r•- . Consulting,Inc.
Ale
Ronald P. Peters.n
President
Enclosures
cc. Rick Jopke—City of Mounds View
John Hammerschmidt—Bridges Golf Course
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=__ _- FEE SCHEDULE
July 1, 1999 —December 31, 1999
PETERSON
ENVIRONMENTAL
Staff Member Position Hourly Rate
CONSULTING, INC.
Peterson,Ron President $125
Arndt,Jim Licensed Soil Scientist $125
Vande Water,Glenn Botanist $100
Graham,Mike Senior Project Manager $90
Krych, Scott Senior Project Manager $90
Timpson,Mike Licensed Soil Scientist $90
DeRuyter,Mike Project Manager $80
Doherty,Bob Project Manager • $80
Mackenthun,Jeff Assistant Project Manager $64
Krieger,Darlene Database Manager $64
Clerical $37
All direct project expenses will be invoiced at cost plus 15 percent. Mileage will be invoiced at$0.32 per
mile. Testimony in hearings or court proceedings will be invoiced at 2.0 times normal hourly rates.
CREDIT POLICY
Peterson Environmental Consulting, Inc. (PEC) has adopted the following policy regarding credit, invoicing and
collection practices. These policies will be consistently adhered to except when special credit arrangements are
made in advance. Such arrangements are typically appropriate in subconsulting situations where the invoicing
cycles of both the prime contractor and the client are involved. Payment to PEC is not contingent on the client's
ability to obtain financing or on real estate closings. We sincerely appreciate your cooperation.
1. Standard credit terms are 30 days from the date of the invoice. If there is a question or problem with an
invoice, we request notification within 30 days so that we can provide backup or make any necessary
adjustments.
2. Accounts past due over 30 days will be charged 1.5 percent per month interest until payment is received, as
set forth in our General Contract Conditions.
3. When any account becomes over 60 days past due,PEC's work on that account will cease until the account
is brought current.
4. When an account becomes over 90 days past due,a mechanics lien may be filed against property benefited
by PEC's work.
5. When an account becomes over 120 days past due,legal or alternative collection action will be undertaken.
6. A retainer will normally be requested of new clients. The retainer amount will vary with
the size of the project.
Fee Schedule 2 (1999)(7/1999) G:\Boiler\feesched\feesc997.doc
1355 Mendota Heights Road,Suite 100 RI Mendota Heights,Minnesota 55120-1112 LI 651-686-0151 u Fax 651-686-0369 3 E-mail:Peclnce7PETI RSONEH:.com
Big Rapids,Michigan(231)796-0903 ® www.Petersonenv.com
GENERAL CONTRACT CONDITIONS
PETERSON
ENVIRONMENTAL
CONSULTING, INC.
SECTION 1: SCOPE OF WORK
1.1 Work To Be Performed
PETERSON ENVIRONMENTAL CONSULTING,INC.(hereafter referred to as PETERSON)shall perform the services defined in
the Scope of Services set forth in the Agreement into which these General Conditions are incorporated by reference (hereafter
referred to as the Agreement).
1.2 Extra or Out-of-Scope Work
Any work requested by the CLIENT which is not set forth in the Scope of Services section of the Agreement will be considered
extra,out-of-scope work and, unless otherwise agreed in writing,will be invoiced on an hourly basis using current hourly billing
rates.
13 Project Information and Assumptions
CLIENT will make available to PETERSON all known relevant project information regarding existing and proposed conditions on
the site or sites which are the subject of the Agreement. Project information may include but is not limited to site plans,surveys,
aerial photographs,written reports,previous wetland delineations,soils borings,past permits,and past permitting or enforcement
correspondence. CLIENT will forward any additions,updates or revisions of project information to PETERSON as soon as such
new information becomes available.
Any assumptions used by PETERSON in developing the Agreement may be set forth therein. CLIENT acknowledges that the level
of effort and cost of PETERSON's work may be changed should any such assumptions be found incorrect subsequent to the
execution of the Agreement.
SECTION 2: INVOICING AND FEES
2.1 Billing Rates
PETERSON shall invoice the CLIENT according to the terms and rates set forth in the Compensation Section of the Agreement.
For extended projects that are being billed on an hourly basis,billing rates may increase on January 1st of each year at a rate not to
exceed 10(ten)percent.
2.2 Frequency of Billing
For projects being billed on an hourly basis, PETERSON will invoice the CLIENT monthly or upon completion of the work
described in the Scope of Work section of the Agreement. For lump sum projects,invoices will be submitted after completion of the
work upon which the lump sum cost is based.
23 Payment of Fees
Payment is due upon CLIENT'S receipt of the invoice and will be considered past due thirty(30) days from date the invoice is
transmitted to the CLIENT.
2.4 Past Due Accounts
On past due accounts,CLIENT will pay a finance charge of 1.5%per month on the unpaid balance until the invoice is fully paid. If
CLIENT fails to pay PETERSON within sixty(60)days of the date the invoice is transmitted,PETERSON may deem the CLIENT
in default and may,without incurring liability,terminate the agreement and/or stop all work on the project until the default is cured.
PETERSON'S termination or stoppage of work due to CLIENTS default shall not relieve CLIENT from its duty to compensate
PETERSON for work done up to the date of termination or work stoppage.
2.5 Lien Rights
PETERSON hereby gives the CLIENT notice that,pursuant to Minn.Stat.Chapter 514,it retains the right to file a lien against real
property in the event of CLIENT'S default on payments for environmental services performed with respect to the property which is
(OVER)
1355 Mendota Heights Road,Suite 100 a Mendota Heights,Minnesota 55120-1112 a 651-686-0151 a Fax 651-686-0369 a E-mail:Peclnct PETERSONE1VL'.com
Big Rapids,Michigan(231)796-0903 a www.Petersonenv.com
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Item No. 7
Staff Report No.
Meeting Date: 12/6/99
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: Ordinance No. 644 an Ordinance Amendment to Allow Billboards by
Conditional Use Permit.
Date of Report: December 3, 1999
Background:
The City Council on November 22, 1999 gave first reading approval to Ordinance No. 644 which
would allow billboards by conditional use permit on city owned property along new Highway 10
(118). The City Attorney has however advised staff that the City cannot restrict billboards to city-
owned property only and that the state restricts permit issuance to commercially and industrially
zoned properties. The City Council is scheduled to discuss this matter further at the December 6, 1999
work session.A public hearing on this matter is scheduled for December 13, 1999.
A possible amendment to deal with the City Attorney's concern would be to change the proposed
location requirement that appears in subdivision 10b as follows:
The billboard must be located along ex and north of State Highway 10'118). and must be located or
City owned property;
This would allow billboards on the golf course and but not restrict billboards to city owned property.
It would however potentially allow up to two billboards on the SYSCO property. Staff is discussing
this matter further with the City Attorney's office.
The Planning Commission has considered the draft ordinance to allow billboards and has passed the
attached Resolution No. 597-99 recommending City Council denial of the proposed ordinance. This
resolution was reviewed and approved by the City Attorney's office. The Planning Commission
findings and the basis for their recommended denial are as follows:
1. Large billboard signs are not appropriate uses of property within CRP
Conservation Recreational Preservation and PF Public Facilities zoning districts.
These districts are intended to provide recreational opportunities, open space and
protect the natural environment where possible. Large advertising signs are not
consistent with that intent and are more appropriate to commercial and industrial
zoning districts.
2. Large billboard signs can be visually distractive and may detract from the
neighborhood and promote a negative image for the community.
City of Mounds View Staff Report
December 2, 1999
Page 2
3. The City Attorney has advised City staff that the City cannot limit billboards to
city-owned properties only.
4. A permit will be required from the State of Minnesota to locate billboards along
state and federal highways. State statutes restrict such signs to commercial and
industrial zoning districts only. The contemplated sites for additional billboards
are not zoned commercial or industrial.
The Planning Commission, as the City's advisory commission on land use matters, confined
their review to the land use impacts of the proposed ordinance and did not consider the economic
factors. The consideration of economic factors is the role of the City Council.
Necessary Actions:
Staff recommends that the City Council discuss the draft ordinance and determine if any
language changes are necessary so that any changes can be presented at the public hearing
scheduled for December 13, 1999.
tA
Rick Jopke, C mmunity Development Director
N:\DATA\USERS\Rickj\SHARE\12699 Billboard Staff Report.doc
ORDINANCE NO. 644
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1008 (SIGNS AND BILLBOARDS) OF THE
MOUNDS VIEW MUNICIPAL CODE PERTAINING TO BILLBOARDS; PLANNING
CASE SP-071-99
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1: Section 1008.08 of the Mounds View Municipal Code is hereby amended
with the proposed additions underlined and italicized and deletions . • . . . . . '
respectively,to read as follows: ,
Subd. 1. General Standards; Paragraph I(1):No ground sign(except temporary signs,
portable signs or banners), or signboard or-billboard shall approach at any point nearer
than three feet(3')to any building unless such sign is placed parallel to the side of the
building,nor shall any such sign be placed within six feet(6') of the side of any lot nor
nearer than fifteen feet(15')to any street line where there is no established or customary
building line nor within twenty five feet(25') of any street corner right-of-way. Whenever
the established or customary uniform building line upon the street where such ground
sign is to be erected is more than fifteen feet(15')from the street or property line,then
such sign shall not approach nearer to the street than the established or customary
uniform building line.
Subd. 5. Signs Along Freeways: Except as otherwise provided in this Chapter, signs
located on property adjacent to any freeway within the Municipality(including Interstate
Highway 35W) shall be business signs advertising businesses being conducted on the
premises on which the signs are located. No "traveling" or changing-message signs shall
be located so as to face any freeway or be visible from the freeway. The provisions of this
subdivision,however, shall not be construed to render illegal or nonconforming any
signs which are legally located along any such freeway at the effective date herein.-Any
replaced, subject to compliance with the other provisions of this Chapter, either in the
Subd. 10. Billboards: A permit shall not be issued for any new billboard or advertising
. . . . . •• • ' .•, , •• •. •. ,. !!' .
• • • • unless it complies with the following requirements:
a. CONDITIONAL USE PERMIT::A conditional use permit(CUP) must be
obtained in accordance the procedures found in Section 1125.01
Subdivision 3 of the Mounds View Municipal Code. Any conditional use permit
issued for a billboard shall automatically expire when the lease agreement for the
billboard expires. Such CUP shall be null-and-void if the applicant fails to obtain
any required permit from the State of Minnesota.
b. LOCATION: The billboard must be located along or north of 118 and must be
located on City-owned property. The applicant must have an approved lease
agreement with the City. The billboard shall be oriented towards 118 and/or
I35W. Billboards must be located at least 250 feet from residentially zoned
property. Billboards may be located adjacent to the right-of-way of a street or
highway, but no part thereof shall extend over such right-of-way.
c. MINIMUM SPACING: Billboards must be at least 1500 feet apart. Spacing
between signs shall be measured by projecting the nearest points of the signs to
the property line of the right-of-way from which they are intended to be read and
measuring the distance in a straight line between the projected points. Required
spacing shall apply only to billboards on the same side of the same roadway.
d. MAXIMUM SIGN AREA: The maximum gross surface display area of the sign
cannot exceed 700 square feet per side except that any rectangular billboard may
contain temporary extensions, cutouts, or top lettering which occupy a total area
not in excess of twenty-five (25)percent of the area of the basic billboard and
form an integral part of the design thereof No such temporary extension, cut out,
or top lettering may project more than six (6)feet from the top, eighteen (18)
inches from either side or fifteen (15) inches from the bottom of the basic
rectangular advertising message. The area of an extension, cutout, or top
lettering shall be deemed to be the area of the smallest rectangle into which such
extension, cutout, or top lettering will fit.
e. ORIENTATION OF SIGN FACES: Billboards may have no more than two (2)
sign faces. Sign faces must be back-to-back with sign faces parallel or angled. All
billboards with their faces back-to-back and parallel shall have no greater
distance than eight(8)feet between the faces. All billboards with faces at an
angle shall have no greater angle than thirty-five (35) degrees.
f MAXIMUM SIGN HEIGHT: The maximum allowable height of billboards shall
be thirty-five (35)feet. The height shall be measured from the grade at the base of
the sign or from the surface of the roadway whichever is higher.
g. OBSTRUCTION:No billboard may be located in such a manner as to obscure
or otherwise interfere with the effectiveness of an official traffic sign, signal, or
device, or obstruct or interfere with a driver's view of approaching, merging, or
intersecting traffic.
Any billboard legally existing on the effective date of this ordinance may continue to be
maintained in its present form and size but not expanded. This does not preclude the
periodic change of the message or advertisement presented on the billboard.
Any billboard destroyed by an act of God may be rebuilt within thirty (30) days if the
construction of same would comply with this subdivision.
SECTION 2: The title of Section 1008.11 of the Mounds View Municipal Code is hereby
amended with the proposed additions underlined and italicized and deletions struckut-and
italicized, respectively, to read as follows:
1008.11: SIGNS AND BILLBOARDS: SIGN VARIANCES:
•
SECTION 3. This Ordinance goes into effect thirty(30) days after its publication in the
official City newspaper.
Read by the City Council of the City of Mounds View on this day of , 1999.
Read and passed by the City Council of the City of Mounds View on this day of
, 1999.
Dan Coughlin, Mayor
ATTEST:
Charles S. Whiting, City
Clerk/Administrator
(SEAL)
APPROVED AS TO FORM:
City Attorney
N:\DATA\GROUPS\COMDEV\SPECPROJ\644.ORD.DOC
RESOLUTION NO. 597-99
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING CITY COUNCIL DENIAL OF ORDINANCE NO.
644; AN ORDINANCE AMENDING CHAPTER 1008 (SIGNS AND BILLBOARDS) OF
THE MOUNDS VIEW MUNICIPAL CODE PERTAINING TO BILLBOARDS;
PLANNING CASE NO. SP-071-99.
WHEREAS,the Mounds View Municipal Code does not allow billboards in the City; and
WHEREAS, the Mounds View City Council has asked the Planning Commission to
review possible ordinance changes to allow billboard signs in certain areas of the City; and
WHEREAS, the Planning Commission has considered Ordinance No. 644 and made the
following findings relating to the land use impact of allowing additional billboards in Mounds
View:
1. Large billboard signs are not appropriate uses of property within CRP
Conservation Recreational Preservation and PF Public Facilities zoning
districts. These districts are intended to provide recreational opportunities,
open space and protect the natural environment where possible. Large
advertising signs are not consistent with that intent and are more
appropriate to commercial and industrial zoning districts.
2. Large billboard signs can be visually distractive and may detract from the
neighborhood and promote a negative image for the community.
3. The City Attorney has advised City staff that the City cannot limit
billboards to city-owned properties only.
4. A permit will be required from the State of Minnesota to locate billboards
along state and federal highways. State statutes restrict such signs to
commercial and industrial zoning districts only. The contemplated sites for
additional billboards are not zoned commercial or industrial.
NOW, THEREFORE,BE IT RESOLVED that the Mounds View Planning Commission
recommends that the City Council not approve Ordinance No. 644, an ordinance amending
Chapter 1008 (Signs and Billboards) of the Mounds View Municipal Code pertaining to
billboards based on the above findings.
BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this
resolution to the City Council prior to approval of the minutes.
Adopted this 17th day of November, 1999.
Jerry Peterson, Chairperson
Attest:
Rick Jopke, Community Development Director
Item No. S
Staff Report No.
Meeting Date: December 6, 1999
Type of Business: WK
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: Rick Jopke, Community Development Director
Title/Subject: Discussion of Point of sale Policy
Date of Report: December 2, 1999
BACKGROUND
City staff has received a request for the City to consider adopting a Truth in Sale of Housing or
Point of Sale inspection program. This item is scheduled for discussion by the City council at the
December 6, 1999 work session. This matter was discussed by the City Council in May of 1997
and it appears from the files that the City Council determined that the City should not pursue
such a program at that time. As background information, I have attached copies of a staff report
and additional research that was done in 1997 on this subject. I am also attempting to get
information about some innovative programs that the City of Faribault has come up with relative
to manufactured home parks. I will report on this program at the work session.
ACTION REQUESTED
Provide direction to staff on whether the City Council would like further research on this matter,
whether an ordinance should be drafted, what issues should be addressed, and what approach
should be used.
Rick Jopke, mmunity Development Director
N:\DATA\GROUPS\COMDEV\CITYCOUN\CC-REP\12699 Point of Sale report.doe
Item No.
Staff Report No. 91 d077105
Meeting Date: May 5, 1997
Type of Business: Work Session
WK•Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Pamela Sheldon, Community Development Director
Item Title/Subject: Discussion of Point-of-Sale Inspection Program
Date of Report: May 2, 1997
Summary:
The City has received a request from Don Hereau, representing residents in the Towns Edge
Mobile Home Park, asking that a point-of-sale inspection program be instituted in Mounds View
(see attached letter). The concern expressed by Mr. Hereau is that there is pattern of selling
substandard mobile homes to unsuspecting buyers in Towns Edge Terrace. These mobile homes
tend to be a blight on the mobile home park, because the seller does only cosmetic repairs and the
buyers do not have the financial ability to repair the more serious problems, which then leads to
the mobile home being resold or abandoned. The question before City Council is whether you
want an ordinance prepared which would institute a point-of-sale inspection program in Mounds
View which would include the mobile home parks.
Discussion:
There are several issues related to this request raised by City Attorney. First, any program
instituted would have to apply to all units sold in Mounds View and not be limited to the mobile
home parks. So City Council must consider if you want to institute a city-wide program.
Second, Minnesota State Law includes a requirement that a"safety feature disclosure form"be
provided by a seller to the prospective buyer, for in-park sales of mobile homes(see Section
327C.07 Subd. 3.a., Subd. 4 and Subd. 8 which is attached). The City Attorney feels that State
Law may preempt a local inspection program at the time of sale, because of the detailed
procedure set forth in State law. Mr. Long felt it may be possible for the City to require that a
copy of the safety feature disclosure form be filed with the City, so we know that it has been
completed. He would want to research further if the City could require inspection of other items
at the time of sale. Staff contacted Carol Mueller at Colonial Village, and she said that this form
is being done for mobile homes sold in that park. We contacted Larry Vogt who handles
enforcement of requirements on mobile home sales for the State. He said that the dealer's license
held by the owner of Towns Edge Terrace had been revoked at one time because of failure to
follow this procedure. The situation was corrected, but he did not know the current situation.
The City Council may want to send a letter to Mr. Vogt asking for an investigation into whether
Towns Edge Terrace is complying with State law.
The procedure in State law requires the buyer to do repairs to make sure the safety features are in
place, and file inspection reports of the repairs with the park owner. State law also allows the
park owner to make inspections and require that mobile home owners do repairs in order to
comply with park rules regarding maintenance. State law presumes that the park owner is
City of Mounds View Staff Report
May 2, 1997
Page 2
motivated to make sure the mobile homes are maintained. As we understand it, this has not been
the case in Towns Edge Terrace.
Mr. Long said that the City can enforce its Housing Code in the mobile home parks independent
of when sales occur. Staff would note that, although this option has been available, we would
require additional staff and/or a change in priorities to undertake a systematic program of
enforcement in the mobile home parks. We would suggest, that before such a program is
undertaken, we develop resources to help finance repairs for mobile home owners, because we do
not believe the owners of the more deteriorated mobile homes will have the financial wherewithal
to repair them. We would also want to know if it would even be possible for us to do repairs and
then certify the costs to the County for collection with taxes, since mobile home owners do not
own their lots. Our concern is that if we press forward on requiring repairs, the homes will just be
abandoned. We need to develop a game plan for obtaining compliance, not just for doing
inspections.
With regard to instituting a point of sale program, Staff has surveyed nine cities in the Twin Cities
Metropolitan area as to types of programs being used. The results of the survey are shown in the
attached table. These cities use three basic approaches:
Truth-in-housing: Two of the cities are using this approach: Hopkins and Maplewood. This type
of program requires an inspection be done, and information be supplied to the buyer on existing
code violations, prior to the sale taking place. The inspection is done by a private inspector.
This approach emphasizes disclosure only. We have received feedback from the cities using this
approach that they do not believe it is worth the effort because there are no teeth in the program.
Several cities which have truth-in-housing programs are considering adopting point-of-sale type
programs.
Truth in housing and repair of immediate hazards: This program is similar to the one described
above, but immediate hazards must be corrected prior to the sale. This approach is used by
Bloomington and St. Paul, and is an improvement over the straight truth-in-housing programs. It
emphasis disclosure and some code compliance.
Point-of-Sale: This type of program is being used in Crystal, New Hope, Richfield, St. Louis
Park and South St. Paul. It requires that an inspection be done, and that the code violations be
repaired prior to the sale taking place. Three of the cities use city inspectors; two of the cities are'
set up so the initial inspection is done by a private inspector, and the reinspection by a city
inspector. This approach emphasizes code compliance.
The attached chart shows the fees charged and the staffing used in each of the cities. It should be
noted that the staffing requirement is highest for point-of-sale using city inspectors and lowest for
truth-in-housing programs. Just for information, there were 98 homes sold in Mounds View in
1996, and 26 mobile homes sold in Colonial Village.
City of Mounds View Staff Report
May 2, 1997
Page 3
The questions before City Council are:
• Do you want further research done by the City Attorney into the feasibility of having an
independent inspection program at the time mobile homes are sold?
• Do you want staff to develop a proposal for systematic inspection and housing code
enforcement in the mobile home parks, independent of when sales occur?
• Do you want to institute a city-wide use a truth-in-housing or point-of-sale approach?
• If City Council wants to institute a point-of-sale approach, do you want inspections done
by City inspectors or by private inspectors? Do you want re-inspections done by City
inspectors or by private inspectors?
• If City inspectors are used, do you want the fees set so the program is self-supporting?
Staff expects that if Mounds View were to institute a point-of-sale program with City inspection,
or with City re-inspection, we would have to add inspection staff and secretarial staff to
Community Development. If the City were to institute either a point-of sale program with private
inspection or reinspection, or a truth-in-housing program with private inspection, we would have •
to add part-time secretarial staff to Community Development, or"borrow" support staff from
another department to do this program. Our existing inspection and secretarial staff in
Community Development does not have capacity to absorb this program.
A truth-in-housing with repair of immediate hazards, or a point of sale program, would move the
City closer to achieving its goals for preserving, maintaining and upgrading its housing stock, with
greater results expected from the point-of-sale approach.
Action Requested: Provide direction td staff as to whether City Council wants an ordinance
drafted, what issues you want it to address, and what approach you want to use.
N:\DATA\USERS\PAMS\SHAREVSPECPRO.ASP022.971PTOFSALE.CC 1
To: Mr. Chuck Whiting
City Administrator
From: Don Hereau
Townsedge Terrace Mobile Home Park
Date: April 11, 1997
Re: Pending City Ordinance 1005
In the past, it was common in Townsedge Terrace for mobile homes that were substandard to be
sold to unsuspecting buyers. These homes were purchased from other parks who had removed
the homes because they were in disrepair and were considered undesirable for those parks. The
home would then be placed in Townsedge Terrace. The owner would do minor repairs to make
the home look better and often hide the unrepaired problems. The home would then be sold for
an inflated price to unsuspecting and desperate buyers. The owner would become the lien holder
by providing a mortgage agreement or contract for deed. This type of financing was done
because the buyer was unable to qualify for any other loan and because the owner did not have to
pass any inspections. When the buyer would find out about the hidden problems and ask the
previous owner to fix them, the buyer would be promised help in making repairs. Unfortunately
the help in making repairs never came and the buyer would be forced to make the repairs, live in
substandard housing or abandon the home because it was unlivable. In the last case, the home
would revert back to the original owner and the cycle would start again.
I would like to suggest that the pending City Ordinance 1005 include the following items in
reference to Point of Sale:
All manufactured housing must pass City inspection before being sold. This would
include Health Department inspection as well as inspection of structural stability. The
manufactured housing must also meet any existing city, county or state regulations regarding
sales of manufactured housing. This would apply to all homes whether being sold by a
private party or by a real estate agent.
The cost of inspection of manufactured housing will be paid by the seller.
Any repairs made after initial inspection must be made by licensed and bonded
contractors.
The manufactured housing must be re-inspected after repairs are complete to insure
that it has been brought up to code.
Owners of manufactured housing parks must notify the City if they are aware of any
sale of manufactured housing. This would apply to all manufactured housing even Wit is
being moved to a different location outside the City.
I would be happy to discuss any of these points with you at any time. Please call me at 786-2182.
Thank you.
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I . OBJECTIVE
The objective of this research is to determine the relative
economic benefits of Truth in Sale of Housing and Point-of-Sale
inspection programs.
II. DEFINE/DESCRIBE PROGRAM
A. The Truth in Sale of Housing Inspection: This inspection
is essentially a buyer-beware program, and can be divided into two
separate categories .
(1) Truth in Sale of Housing with Immediate Hazard requires a
specified list of hazards to be repaired. Truth in Sale of Housing
immediate hazards can include, but are not limited to, heating
systems, water heaters, electrical systems, plumbing systems,
structural systems, exterior foundations, garbage/refuse, and smoke
detectors.
(2) Truth in Sale of Housing with no code enforcement is a
disclosure only. The disclosure report informs the prospective
buyer which building components are not up-to-code. Truth in Sale
of Housing requires the disclosure of housing information and
defects as a condition of the sale of housing and offers an
overview of building components and fixtures by the evaluator.
The purpose of both programs is to inform a prospective buyer
(through a Truth in Sale of Housing Disclosure Report) of the
condition of the dwelling at the time the evaluation is made. It
also helps the seller become aware of what repairs might be made
before offering the property for sale.
B. Point of Sale: The purpose of Point of Sale inspection is
the same as the Truth in Sale of Housing but requires code
enforcement to be made either by the buyer or the seller. Either
the seller is required to make repairs prior to the transfer of
property or the buyer is required to sign an agreement with the
City and the buyer stating when the repairs will be complete.
Implementation of either program requires all houses within the
City of Mounds View to have inspection prior to closing.
III. DIRECT COSTS OF EACH PROGRAM
A. Inspection Costs. The direct cost of Truth in Sale of
Housing and Point of Sale inspection is to the seller. An
inspection fee is required either by a public or private inspector.
Public inspection charges range from $55 to $95. Private
inspectors charge in the area of $85-200 per inspection.
B. Repair Costs.
1. Truth-of-Sale of Housing. No costs for either the
seller or the buyer.
2 . Truth-of-Sale of Housing with immediate hazard. The
repairs may be made either by the seller or the buyer.
3 . Point-of-Sale. The repairs may be made either by the
seller or the buyer.
C. City. Private inspection the City usually charges a
filing fee around $10-20 . In some cities the outside evaluator
must register with the city paying approx. $50-$100 annually.
Average homes sold between 1992-1994 is 159 . Projected homes
sales are not available from either the city or the multiple
listing service. Using 160 homes sold per year, with an inspection
of one hour, times the building inspector salary amounts to
approximately $3,110 staff time for the City. Also estimating
support services of two hours per week, averaging the department
secretary's and housing inspectors salary is approx. $1446 . Both
figures combined equals $4,556 total costs per year for city
employees time. Inspection fee of 160 homes per year with the
inspection charge of $75 results in $12,000 revenue for the city
per year.
Private inspection a license is required by the city.
Approximately 15 private inspector per year with annual charge of
$75 per license results in $1,125. Filing fee for the seller is
also required by some cities . 160 homes sold @ 15 per home equals
$2,400 . Both totaled together equals $3,525 revenue for the city.
D. Agent. Costs associated with the agent is a longer
closing period. When homeowners are unaware of either inspection
closing dates can be delayed especially when repairs are required.
Mortgage is usually not obtainable when a home had immediate
hazards .
IV. SOCIAL COSTS
Social costs include aspects such as convenience,
accessibility and preference. For example private inspections
offer the citizens the flexibility of scheduling an inspection that
in convenient for them. The inspection time revolves around
his/her own schedule not the schedule of the city. Private
inspection would also allow the citizens to choose an inspector.
Private inspection would give the seller flexibility and freedom.
Social costs also include externalities. It affects the owner and
the buyer but also affects the surrounding neighbors and the entire
city along with the realtors . Are home sellers willing to pay the
inspection fee, or is it an inconvenience factor.
Does the city need to get involved is the sale of housing, or
is it a political statement. If a prospective buyer wanted a home
that was up-to-code wouldn't he/she have the inspection done
whether or not the city required it. Statement of condition is
done by the seller with no inspection fee and does have more
liability than does the inspection. If something is missed in the
inspection, there is usually so many disclaimers a person wouldn't
be able to sue the city. Does the value of a home increase with
either inspection.
V. MISC. COSTS
Advertising costs . Mailing, newspaper publications, Other
expenses. Housing inspection forms (50 forms approx. $55) .
VI. COSTS OF NOT HAVING EITHER PROGRAM. The overall general
exterior of a home will remain stable with or without the programs.
This is due to the Code enforcement officer who is able to enforce
junk/debris ordinances because it is visible. The interior of a
home is not visible unless these programs are implemented.
Without inspection program it would be more difficult to the
eliminate hazards to health and safety to dwelling occupants and
correct maintenance problems that could lead to premature
deterioration or damage to a house or building.
Continued deterioration of neighborhoods could lead to
foreclosures, vacant properties, condemned housing and poor health
conditions . These qualities would classify some of the City's
housing stock as risk properties. The prospective buyer might buy
the housing thinking it is safe, and up-to-code, not aware of
problems, which could result in complaints to the city/agent for
selling deficient housing. Deteriorated housing is also harder to
sell for the realtors .
VII. EXPERIENCE IN OTHER CITIES WITH EACH OF THE PROGRAMS
A. St. Louis Park (Point-of-Sale) first city to implement
inspection program. Other cities used their program as a guideline
and in the process of researching found their program was too
restrictive. All the responsibility was forced upon the buyer.
Richfield (Point-of-Sale) Not a revenue generating program.
When the program was established in 1989 they anticipated it would
be revenue generating. For the last four years they have been
operating at a deficit of about $20,000. They do feel however that
the program is worthwhile. They conducted a survey to determine
attitudes of both the buyer and the seller on the program. Most
comments were very positive, especially from the buyer. 90% of the
respondents stated they believed the housing inspection program
would be effective in sustaining the quality of the housing stock.
Required correction cost ranged from less than $250 to $2,500. 95%
stated there was not delay in the closing date because of the
housing inspection program.
Hopkins (Truth in Housing-no inspection) Housing inspector
stated there are about 35 different evaluators which results in
very inconsistent inspections.
Crystal (Point-of-Sale) Program basically pays for itself,
however support services by other staff it does not pay for.
Response of people since it passed in January 1992 are generally
o.k. with the inspection. They are not too thrilled about the cost
of the inspection itself but have not griped about the repairs that
need to be made.
VIII. BENEFITS OF EACH PROGRAM. To protect the public health,
safety and welfare and to promote decent, safe and sanitary
dwelling accommodations within the City of Mounds View Point-of-
Sale inspection would made this goal more attainable. Today's
society assigns a value dollar to most everything, likewise an up-
to-code housing stock increases the dollar value in property
taxes/revenues. A benefit of inspection is the possibility of
attracting prospective home buyers into the city because of safe
living condition and in their neighborhood and surrounding
neighborhoods.
A. Benefit of Truth in Sale of Housing. Basically the only
benefits of this inspection is to the buyer. It is a buyer beware
program. It doesn't affect the City in anyway because there is no
code enforcement. Protects the seller and the agent because the
buyer is aware of the present condition of the home through the
inspection. Costs associated are inspection fee and city costs .
B. Benefit of Truth in Sale of Housing with immediate hazard.
Same as benefits above accept immediate hazards are fixed which
doesn't necessarily improve the housing stock because only
immediate hazards are required. Costs associated are inspection
fee, city costs and repair costs.
C. Benefit of Point-of-Sale. The City can upgrade the
housing stock and confirm a house is up-to-code. The average of
homes sold between 1992-1994 is 159, which is 3% of the housing
stock. A benefit of Point-of-Sale is 10 years from now 30% of the
housing stock would be up-to-code, which will increase property
value. When property is upgraded, property values also increase.
An increase in property values would increase the property tax
revenue for the City.
IX. BENEFIT OF PUBLIC/PRIVATE INSPECTION
A. Benefit of Public Inspection. Private evaluators can very
inconsistent. One inspector might be strict while the other one
not as strict. A public inspector does inspection with intent of
providing adequate up-to-code housing, whereas a private evaluator
might be looking out more for the person than for the city giving
them some leeway.
B. Benefit of Private Inspection. Private inspectors are
able to work around the citizens schedule. For example someone
might need an inspection at night or on a weekend. The City
usually offers a lower cost inspection but it must be during normal
working hours. The social costs here are directly beneficial for
the citizen (convenience and preference) as listed in part IV.
If citizens have a negative attitude about required inspection, the
buyer may be more cordial to a private inspector.
In 1993, over 3 . 8 million homes were sold and about 50% were
inspected. The Federal Housing Administration has enacted new
regulations requiring that all FHA financed homes be inspected
before closing.
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Item No. A
Staff Report No.
Meeting Date: December 6, 1999
Type of Business: Work session
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Planning Associate
Item Title/Subject: Update Regarding Housing Replacement Properties
Date of Report: December 2, 1999
Background:
As the end of the year approaches, staff thought it would be beneficial to update the Council with
regard to the Housing Replacement Program activities for 1999.
6991 Pleasant View Drive:
This property was purchased in January of this year for $60,500. After the demolition and
site preparation had been completed, and after many subsequent delays and setbacks, the
City finally resold the property on November 8, 1999 to Vista Construction for $47,250.
The redevelopment agreement calls for the construction of a 1,860 square-foot three
bedroom, split-level walkout home with an estimated market value upon completion of
$181,250. Staff spoke with the developer, who is completing two other projects at this
time, who indicated that he would be pulling the building permit for this property in the
next week and would work throughout the winter with a targeted completion late March,
early April, depending upon the weather.
8300 Fairchild Avenue:
On April 26th, the EDA approved Resolution 99-EDA-110 which approved the property
for participation in the Housing Replacement Program. The property owners, the Pidels,
requested Option 2 of the HRP, which provides for demolition funds of existing, blighted
or substandard homes. Before the old home was to be demolished, the City granted
permission for the Pidels to construct their new home behind the existing, to-be-removed
home. On October 18, 1999, a certificate of occupancy was issued for the new home. The
EDA on November 22 approved changes to the Construction and Removal Agreement,
authorizing the expenditure of no more than $10,000 for the demolition. Upon EDA
approval, the home was demolished and save for final landscaping improvements and the
bituminous driveway overlay, this project has been completed. The final cost of the
demolition came to $8,950. Staff would encourage the Council to drive by this home as it
is quite the addition to our Community.
City of Mounds View Staff Report
December 3, 1999
Page 2
2225 Hillview Road:
On May 24, 1999, the EDA approved the participation of this property in the Housing
Replacement Program, directing staff to acquire the property utilizing as a first priority
CDBG funds from Ramsey County in cooperation with Habitat for Humanity. Habitat has
verbally committed $25,000 in funding toward the purchase of the lot from the City,
which would guarantee the City access to additional CDBG funds. The City and the
property owner--Ms. Jean Johnson--agreed on a purchase price of$64,800 (the 1999
assessed value) with the closing to occur later this month upon certification of a
marketable title. Staff is in close contact with Habitat for Humanity and the County and
expects the lot to be turned over to Habitat early in 2000 with construction to begin soon
thereafter. Staff will bring before the EDA a redevelopment agreement once the details of
the proposed home are further clarified.
After the purchase of 2225 Hillview Road, staff anticipates there could be as much as $40,000
remaining from the $75,000 CDBG(Community Development Block Grant) grant awarded the
City for its 1999 Replacement Housing Pilot Program which the City could further utilize for
another purchase partnership with either Habitat for Humanity or by working with other agencies
that would assist low to moderate income families or first time home buyers. Staff will continue
to solicit interest in this program as well as the City's Housing Replacement Program. At present,
however, there are no other pending HRP projects and staff has not received any inquiries or
notifications of interest concerning suitable properties.
In closing, staff would also like to discuss with the Council some ideas regarding housing
development and redevelopment within the City and would suggest that this topic be put on the
January 2000 Work session agenda for further discussion. In addition, Ramsey County would like
feedback from the Council as to what it (the Council) would consider to be a funding priority
relating to Mounds View in the coming year. This information will better help the County
determine how it will rank and order the numerous CDBG grant requests it receives.
James Ericson, Planning Associate
N:\DATA\USERS\JIME\SHARE\HOUSING.RPT
Item No. 17
Staff Report No.
Meeting Date: December 6, 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: Discussion of Wireless Internet Provider Lease Agreement
Date of Report: December 3, 1999
Staff met with Mr. William Buell who is representing METRICOM, INC. a couple of weeks ago
to discuss METRICOM'S proposal to install wireless internet equipment within Mounds View
and the surrounding metro area. Essentially the equipment is the size of a shoebox mounted on
the masts of the streetlights. It receives power from the light and receives its signal from larger
antennas similar to cell phone antennas. An additional device is connected to a personal
computer that allows the communication to take place between the smaller antennas and the pc,
thus providing an alternative Internet service provider.
Mr. Buell has been negotiating the lease agreement with the League of Minnesota Cities and
attorneys from Kennedy and Graven. At this point in time the final lease agreement is not
available, although staff has been presented a working copy. Included in your packet is the
information staff has received regarding this new service and the equipment involved. Staff is
introducing this topic to make Council aware of the future installations that may take place
within the City of Mounds View, once the final lease agreement is approved.
Staff is requesting Council's approval to enter into the lease agreement with METRICOM, INC.
upon final approval of the lease by the city attorney. If Council has any questions regarding this
proposal, please call me, which might enable me to contact Mr. Buell with the question, as he
will not be in attendance at the meeting.
Michael Ulrich, Director of Public Works
C:\Mike's documents\leases\Metricom lease into rpt.doc
Ple
• B UELL CONSULTING, INC. . 7
• 905 Jefferson Avenue, Suite 210 Site Acquisition
• Saint Paul, Minnesota 55102-4740 Permitting
(651) 225-0792 Site Management
Fax (651) 225-0795
Writer's Direct Line
(651) 225-0793
November 30, 1999
Mr. Mike Ulrich
Director of Public Works
2466 Bronson Drive
Mounds View, MN 55112
RE: Metricom's Ricochet System and Use of City Right of Way
Dear Mike:
Thank you for taking the time to talk with me earlier this month about Metricom's exciting new wireless
internet service, called Ricochet. My firm is representing Metricom in its efforts to bring the Ricochet
system to the entire Twin Cities market. The Ricochet system will enable residences and businesses to
connect to the internet without going through the phone company. This connection can be made through a
wireless modem at speeds of 128 kbs, which is five times faster than the normal household phone line.
This wireless network is accomplished by attaching shoebox sized radios on street lights. The power for
the radios is tapped from the street light. These radios can also be attached to power poles. Metricom will
not be adding any new poles nor will any trenching be required. Metricom is finalizing an agreement with
NSP that will allow attachment and power use for the radios. It usually takes approximately seven of these
radios per square mile to cover an area. Metricom will need to use the City's right-of-ways in order to
access the light poles and power poles.
I left a copy of Metricom's proposed Right-of-Way Permit and Agreement for your review when we met.
This Agreement was drafted after consultation with the League of Minnesota Cities. We made many
changes to the Agreement as suggested by the League in order to present a draft that I hope you will find
readily acceptable.
Mike Ulrich
Page 2
November 30, 1999
The main benefit will be for the residents of Mounds View to have the choice of a high-speed wireless
internet capability. In order to speed the rollout of our system in the Twin Cities market, Metricom is
willing to go beyond the statutory limits that cities can charge for the use of the right of way. The
Agreement provides for the following payments:
Sec. 3.4- payment of all normal application fees for initial installation
Sec. 4.1- annual payment of 1% of gross revenue for subscribers in the City as a simple way
to calculate the City's ongoing right of way management costs for Metricom
Sec. 4.4- Metricom will reimburse the City for its attorney's fees to review the Agreement up
to $1,000
Sec. 4.5- . the City will receive 10 free internet subscriptions ($350 per month value)
I look forward to reviewing any comments you may have on the proposed Right-of-Way Permit and
Facility Use Agreement.
Thank you.
Sincerely,
William R. Buell
Representative of Metricom
Enclosure: Six Informational Packets
MEMORANDUM
DATE: December 3, 1999
TO: Mounds View City Council
FROM: Karen E. Carlson
Attorney at Law
Kennedy& Graven, Chartered
RE: Mounds View Personnel Policy
Pursuant to a request from Mr. Scott Riggs of Kennedy & Graven, Chartered, and as noted in his
previous discussions with you and City staff, I have made a substantive review of the City of
Mounds View's proposed Personnel Policy. This memo contains my comments and
recommendations,many of which are policy decisions for the City Council.
1) INTRODUCTORY INFORMATION:
The policy should include an effective date, which should be on the title page or somewhere
near the beginning of the policy. In addition, there should be a statement at the beginning of
the policy that this personnel policy supercedes all previous personnel policies.
2) FOR-CAUSE DISCIPLINE AND DISCHARGE:
It is my understanding that the council does not want employment with the City to be at will.
Therefore, all references to at will employment have been removed. This means that the
Personnel Policy may be construed as a contract of employment, and the procedures
established in the policy regarding discipline and termination of employment must be
followed. In other words, employees may not be disciplined or terminated except in
accordance with the terms of the policy.
3) SECTION 1.07—DISCRIMINATION POLICIES:
a) Subparagraph A, which addresses the Americans with Disabilities Act (ADA), contains a
number of references to non-employees, including a grievance procedure for non-
employees. Although the City is required to comply with the ADA in providing services
to the public, such policies are beyond the scope of the City's Personnel Policy. I
recommend removing references to non-employees and rewriting subparagraph A to
apply to employees only.
b) Subparagraph B sets out the City's AIDS policy. Such a policy is not prohibited, but it is
not legally required either. Issues involving individuals afflicted with AIDS would likely
arise under the ADA, which is already covered in subparagraph A.
CARLSK-172664v1 1
MU210-18
6) SECTION 1.43—SERVICE TIME:
a) This policy provides that "[o]ther absences, including but not limited to FMLA, Parental
Leave, or other unpaid leaves, will not affect employment dates but may affect step
adjustments." Care must be taken in enforcing this policy, because the Family and
Medical Leave Act (FMLA) requires that employees returning from FMLA leave be
returned to the same or an equivalent position. Employees are also entitled to any
unconditional pay increases they would have received had they not been absent on
FMLA leave.
7) SECTION 1.55—USE OF CITY PROPERTY:
a) Subparagraph I.3, addressing motor vehicle records, contains a statement of disciplinary
action that will be taken if an employee is unable to perform his or her job functions
because of the revocation of his or her driver's license. The disciplinary steps do not
conform to the discipline policy set out at Section 1.05. Therefore, I recommend
removing subparagraph 1.3's statement of disciplinary action.
8) SECTION 2.01 —ALTERNATE DUTY:
a) This policy must be carefully examined to ensure it does not contravene the requirements
of the Americans with Disabilities Act(ADA).
9) SECTION 2.05—FAMILY AND MEDICAL LEAVE:
a) The subparagraph entitled "Use of Vacation, Sick Leave and Holiday Pay" should be
examined and rewritten to clarify what is intended. This subparagraph appears to state
that employees may not use their accrued sick leave in conjunction with FMLA leave if
they do not meet the qualifications for use of sick leave under the City's sick leave
policy. Such a requirement is not permissible. Under the FMLA, employers may require
employees to use their sick leave in conjunction with FMLA leave or employees may
choose to do so. However, an employee's right to use his or her accrued sick leave in
conjunction with FMLA leave may not be limited by other sick leave requirements.
b) The subparagraph entitled "Medical Certification" contains a provision that the City may
request medical information and"such other factors as the City deems appropriate." This
provision must be enforced with caution. The City may only ask for medical information
about the serious health condition for which the employee is taking FMLA leave.
10)SECTION 2.10—MISCELLANEOUS PAID/UNPAID LEAVES:
a) Subparagraph A, entitled "Blood Donation" should state whether such leave is paid or
unpaid. There is no legal requirement either way. Note that this policy, unlike the policy
for paid leave for the purposes of donating bone marrow (see subparagraph B), is not
required.
CARLSK-172664v1 3
MU210-18
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
CITY OF MOUNDS VIEW
DATA PRACTICES PROCEDURES
SJR-170907v1
MU125-11
DATA PRACTICES PROCEDURES
SJR-170907v1
MU125-11 Adopted
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
i
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 from 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 Clerk-Administrator All records
Designees
Charles S. Whiting, City Clerk-Administrator Parks and Recreation
Department
Bill Clark, Chief of Police Police Department
Charles S. Whiting, City Clerk-Administrator Building records
Mike Ulrich, Public Works Director Public Works Department
Rick Jopke, Community Development Director Community Development
Department
Charles S. Whiting, City Clerk-Administrator Fire Department
Bruce Kessel,Finance Director Finance Department
Exhibit 2
CITY CHARGE POLICY**
Regular Photocopy Charge Fee as established in annual resolution
Special Charges
(Charged where retrieval of data and making of copies requires significant staff time)
a. Copy cost Regular photocopy charge, see above
b. Labor cost Actual cost of responsible authority
c. Other media cost Actual cost of reproduction
Document Charge Fee as established in annual resolution
(Charged for certain frequently requested documents, such as zoning codes,maps, etc.)
**This City Charge Policy does not include the Police Department which has established a separate
fee schedule as approved by the City Council.
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):
❑ 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
❑ 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.
❑ 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/ 0 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 Minn. 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: Minn. 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.
Appendix A: Private & Confidential Data Page 7
Appendix B
MOUNDS VIEW POLICE DEPARTMENT
1. Fee Schedule
Crime Free Multi Housing nc**
Driver License MN nr* $3.00 Resident nc**
Driver License out of state $6.00
Fingerprint cards nr* $6.00 1 card
each additional card $2.00
Resident nc**
Notary Public nr* $1.00 Resident nc**
Photocopies $2.00 per page
Police/Accidents reports $2.00 per page
Police Reports Research $2.00 per page + hourly wage +
administrative fee
* nr - non resident of City of Mounds View
** nc - no charge
Appendix A: Private & Confidential Data Page 8
2. Administrativeff
O enses Penalty
30' stop sign $15
alcohol in public $50
animals $25
bldg & fire code $100
blocking mailbox $15
driveways $100
expired plates(registration) $25
fire hydrant $25
fire lane $25
fireworks $100
garbage dumping $100
handicap zone $200
house numbers $25
housing code/streets $100
junk vehicles $50
junk & debris $50
keys in ignition $20
load limits $100
loitering $25
loud parties/noise $50
other illegal parking $15
park ordinance $25
Appendix A: Private & Confidential Data Page 9
2. Administrative Offenses Penalty continued;
plate/tab missing $20
public nuisances $100
regulated business activity $100
Seat Belts $25
signs $100
snowbirds $25
snowmobiles $25
trespassing $25
truck parking $25
wetlands $100
zoning $100
*Appendix B is the fee schedule currently used by the Mounds View
Police Department
Item No. AL
Staff Report No.
Meeting Date: 12/6/99
Type of Business: WS
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, Assistant to the City Administrator
Item Title/Subject: Boards and Commissions
Date of Report: December 3, 1999
The following is a snap shot of where we are with respect to interest in Board and Commission
openings.
Bd/Comm Seats Open Terms Apps Received
Expiring
Park and Rec. 5 3- 2002 1-three yr term
2- 2001 2
Planning Corn 3 2002 1
Civil Service 2 1- 2001 0
1- 2002
EDC 1-Business 2002 1
The openings for the Police Civil Service Commission have not been advertised. The Police
Department will place an ad in local papers this week. Robert Toborg has indicated that
according to his records his term officially ends in 1999 and since he will be relocating he will
not seek re-appointment. In addition, the Council must appoint someone to complete the term
of Charlynn Robertson who resigned this past summer.
Issues that need to be addressed...
1. One applicant has applied to the Planning Commission and the Park and Recreation
Commission. Are applicants permitted to serve on two boards or commissions
simultaneously?
2. Section 405.03,subd. 1 of the Code states that"Members of the Commission shall serve
three (3) year staggered terms, with terms expiring December 31 of each year." It has
been recommended that we change the terms for two Park and Rec. seats from 3-year
terms to 2-year terms. Can the recommended change be made without formally
amending the Code?
3. Some Board and Commission appointments have been made by motion instead of by
resolution. Would the Council agree to a standard of appointing Board and Commission
members by resolution for the sake of tracking and clarity?
Staff will re-advertise all seats for which we have not received applications.
M:\1999\Worksession Packet\12-6-99\Item 12-Y2K Boards and Commissions Staff Report(Givonna Reed).doc
1Z/
RESOLUTION NO. 5396
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION REQUIRING CABLE BROADCASTING OF CITY BUSINESS
CONDUCTED AT OPEN PUBLIC MEETINGS
WHEREAS,the City of Mounds View desires its citizens to be fully apprised of all city
business conducted on their behalf; and
WHEREAS,Minnesota Statutes Section 471.705, Subdivision 1, the Minnesota Open
Meeting Law, requires that "[e]xcept as otherwise expressly provided by statute, all meetings,
including executive sessions, of. . . the governing body of a . . . statutory or home rule city . . . or
other public body, and of any committee, subcommittee, board, department, or commission of a
public body must be open to the public;" and
WHEREAS, the City Council desires that all meetings of the City subject to the above-
referenced Open Meeting Law also be subject to the requirement, in furtherance of keeping the
citizens of the City of Mounds View informed, of cable broadcasting when staff members are
available; and
WHEREAS, the City Council desires that the cable broadcasting requirements for open
meetings of the City apply to all entities of the City and that such desire be set forth as a policy
of the City.
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of
Mounds View establishes the policy that all meetings of the City or any of its committees,
subcommittees, boards, departments, or commissions which are subject to the Open Meeting
Law also be subject to the requirement that the meeting be broadcast via cable television,when
sufficient staff is available to facilitate the cable broadcasting of the meeting.
Adopted this 13th day of December, 1999.
Attest:
Dan Coughlin, Mayor
(SEAL)
Charles S. Whiting, City Clerk-Administrator
SJR-172639v2
MU125-11