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HomeMy WebLinkAboutAgenda Packets - 1998/09/08 CITY 0 MOUNDS VIEW WORK SESSION AGENDA September 8, 1998 6:00 p.m. Items Discussed Per Consensus 1. Discussion of Street Reconstruction Standards and Assessment Policy Review. 2. Discussion of Hay/Compensation Study. 3. Discussion of Maximum 1999 Levy and date for Public Hearings on 1999 Budget. 4. Discussion of Abatement of Hazardous Building at 2091 Hillview Road. 5. Discussion of Home Improvement Loan Interest Subsidy Program. 6. Discussion of Salvation Army Proposed Multi-Family Development. 7. Presentation by the Hoisington Koegler Group of their Recommendations for a Highway 10 Design' esign Theme. 8. Discussion of Planning Commission Vacancy. 9. Review of Development Agreement with Anthony Properties Management/Louise O'Neil for the Proposed Theater Development. To: Honorable Mayor and City Council September 4, 1998 From: Chuck Whiting, City Administrator Re: September 8, 1998 City Council Work Session A quick reminder that our work session is on Tuesday next week since Monday is a holiday. Here's what we have on the agenda: Item 1: Street Reconstruction Standards and Assessment Policy Review: Mike and Bruce have prepared some information for the Council's packet, and Council members may want to bring their past information and data printouts from last spring's work on Spring Lake Road. Part of this packet are the sections from the Charter regarding the assessment processes and recourse and the 1995 resolution setting construction preferences. What the Council may want to discuss in helping determine a course of action is whether it believes a set of criteria should be determined that applies to the city's street reconstruction plan, or whether the city should first determine the likely street reconstruction candidates,meet with residents to determine a construction preference, and than set the construction standard for that particular street. The difference between these two approaches may, in reflection,be a definition of the real problem the city faced in the Spring Lake Road project. The city has established clear and preferred criteria for its street construction projects, set up a financing mechanism to pay for those costs and laid out a plan for determining which streets should be done when. When put into practice, general concerns about a street are reviewed(with residents)and the city orders an engineering feasibility study to be completed. That is the first real step of the assessment process. The criteria used in the engineering have been set by Council prior to even the street project selection. These criteria are applied to the conditions of the street,reviewed with residents as the how the project will be completed, modified where modifications continue to fit with established and preferred construction criteria, and the project and process moves ahead. It was clear on Spring Lake Road that the residents did not like the preferences in place that the city was using for considering the reconstruction of the street. This would suggest three options for the city to take, one, stop and reevaluate the city's preferences,two, accommodate concerns within the established preferences but not alter the project beyond those criteria,or three,place the construction criteria secondary to street residents' concerns. The Council struggled with parts of all three of these options on the Spring Lake Road project. While we have all sorts of information about street construction and financing, the real issue may be how we determine what it is that will be constructed. A suggestion for this discussion on Tuesday then may be to talk about whether the city should set up construction (and even assessment preferences) in the form of a plan to be applied to the city, or whether a street should be designed around the preferences of the effected residents prior to the ordering of a feasibility study and the ensuing march of the assessment process. The former is the traditional approach, and the latter perhaps more representative of citizen involvement. Both have their problems and both impact residents beyond those living on a particular street,but it would appear that in order to move on with some semblance of a street maintenance plan, we need to commit to one or the other. Item 2 -Hay Comparable Worth Study: You have in your packet information on the work that has been done to date regarding the Hay evaluation and position pointing for city personnel. There are several aspects to this and I will attempt to review and answer questions. Essentially what has been done to date is an assessment of the accuracy of job descriptions,pointing of those descriptions, an appeals process open to employees questioning the accuracy or points of the descriptions, a comparison of the arrived at points with current pay for the positions and most recently, a comparison to the market value of these positions. The next step as I see it is to assess Council satisfaction with the work to date with an eye towards the budget discussions. I would suggest considering a few things in your review of this work. First, does this work reflect either your assessment of the personnel positions working for the city or how you would prefer to see it. Second, budgetary needs need to be considered as well. It has been easier to review costs associated with personnel than actual value of service and while a system like this help structure a payroll system, the community ultimately has to determine what it can afford and what services it wishes to have. Lastly,we have a ways to go on the 1999 budget,but I would like to try to coalesce any changes that should be made into the budget. I have hoped in the past to address changes that appeared most apparent, but have been waiting for this lengthy effort to confirm those needed changes. Cari and Bruce will help address questions,and I have Ann Antonsen from Labor Relations coming to explain the regression analysis and market assessment. Item 3 - 1999 Budget Preliminary Levy and Budget Hearing Dates: Bruce will present this as a short follow up to last week's budget discussions. Item 4-Home Improvement Loan Interest Subsidy Program: Steve Dorgan has followed up on the July meeting with the Council and will address this program with the Council. Item 5-Salvation Army Housing Development: Steve Dorgan's memo outlines a request brought to the city by the Salvation Army to place a multi-family development for people in need of care on two to be tax forfeited properties on Woodlawn Drive. While Steve's memo outlines the particulars of the project and the request from the Salvation Army,the Council may want to reflect on how city involvement in land transactions without plans have effected the city. Specifically,the Eastwood property was acquired with a positive aim of ridding the community of the old blue house and with the anticipation of possible attractive development. A purpose could never be determined for the property however and as tends to happen projects were proposed to the city which led to long drawn out and contentious battles. The city's involvement could preclude that type of scenario again without it now giving some thought as to the preferred purpose for development in that area. While the Salvation Army proposal will present its own merits,the realty is that development in Mounds View often seems to be a reaction to what is acceptable or not rather than planned. The Council may wish to consider this before moving too far on this request. Item 6 -Hoisington Kegler Presentation: Rick's memo addresses this item. Item 7 -Planning Commission Vacancy: Rick again addresses this. Item 8 - Theater Development Agreement: We will see where we are at on this come Tuesday, but staff has been trying to bring it to a conclusion in order to secure the theater's commitment to the street and traffic light improvements. That's it for now. Council will note that Friday, September 11 is the makeup date for the employee golf outing that was rudely interrupted by bad weather earlier this year. Those of you wishing to either finish your round or come out Friday afternoon can sign up at City Hall for a tee time. Have a good weekend. f Item No. Staff Report No. Meeting Date: September 8, 1998 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: Street Reconstruction Standards and Assessment Policy Review Date of Report: September 3, 1998 Based on the outcome of the proposed Spring Lake Park reconstruction project, Council has requested to discuss and possibly reconsider the street standards and assessment policy. Many comments and staff reports were written last winter and staff requests Council to bring any information you might have, to the meeting. Accompanying this report is a copy of the resolution establishing the minimum street width and chapter 202 of the Municipal Code. The following is a few, there is quite possibly many more, of the questions that must be asked of Council and answered in order to proceed with any future reconstruction projects: 1. Does Council wish to change the Assessment Policy? 2. If so, what will the change do to the City's ability to finance future projects. 3. Will MSA, County and State projects be assessed equally with the remaining City streets? 4. Does the City wish to have a minimum street standard? 5. Does the City wish to utilize MSA funding and design standards on streets of that designation? 6. Does the City wish to manage storm and surface water effectively? These are only a few of the questions that come to mind, answers to these question will stem additional questions. Staff will adhere to and promote any policy the City and or Council wishes to adopt. Our only goal is to provide the information and facts to make a well informed decision on the future of the City's pavement infrastructure, noting that there will be trade offs with lessor design standards and maintenance strategies. If there is any specific information the Council request prior to the meeting on Tuesday,please feel free to call me. Michael Ulrich;Director of Public Works ,may OF Agenda Section: REQUEST FOR COUNCIL CONSIDERATION Report Number: HITS Report Date: 9-19-95 ,STAFF REPORT Council Action: Special Order of Business CITY COUNCIL MEETING DATE September 26, 1995 �9 Public Hearings U Consent Agenda 0 Council Business Item Description: Public Hearing for Consideration of Ordinance No. 567 Amending Chapter 202 of the Municipal Code, Entitled "Public Improvements" Administrators Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY: At the September 5, 1995 Council work session, staff presented the proposed amendments to Chapter 202 of the Municipal Code, Entitled "Public Improvements" for Council' s review. Additions to this chapter are : 1 . Improvement type and cost apportionment, this segment explained the method in which assessment costs would be determined for reconstruction projects and the percentage assessed. a. Street reconstruction, 50% b. Street resurfacing, 50% c . Sidewalks 0% d. Sealcoating / Mntce 0% e. Water & Sewer mains 50% f . Water & sewer trunks 100% to the benefitted district owners g. Water & sewer service 100% h. Surface Water Imp. 50% to the property owners, or 50% to the benefitted district owners 2 . Methods of assessments that would explain which kind of method or combination of methods would be utilized in determining how a project would be assessed. a. Unit assessment b. Area assessment c . Adjusted front footage (various lot sizes and dimensions) These are the additions to Chapter 202 and are underlined in the document . Following the Public Hearing, for Council consideration is the introduction of Ordinance No. 567 . Should these amendments of Chapter 202 meet with Council' s approval, staff requests that Council consider denying Ordinance No. 560 which was the Assessment Policy written by staff . Should Council have any questions or concerns regarding this matter, please feel free to call me .• Michael Ulrich, Director of Public Works RECOMMENDATION; Following the Public Hearing, Waive the reading and Consider Introduction of Ordinance No. 567 Amending Chapter 202 of the Municipal Code, Entitled "Public Improvements" . RESOLUTION NO. 4825 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AMENDING RESOLUTION NO. 4821 ADOPTING STREET STANDARDS WHEREAS, the City of Mounds View will adopt the following street standards; and WHEREAS, the adoption of street standards will aid in reconstructing streets that will safely and in the most efficient manner accommodate multi-model transportation and parking; and WHEREAS, all street reconstructed will have B618 curb and gutter and the recommended standard width will be 30 feet measured from face of curb to face of curb; and WHEREAS, should circumstances exist that would . greatly increase the construction cost, or be determined to be a detriment to the neighborhood such as, but not limited to, a higher than normal amount of relocation of underground utilities, loss of an extremely high amount of mature trees, additional landscaping required such as timber walls, or reductions of driveway slopes, the street may be constructed to a minimum width of 28 feet as determined by the a Feasibility Study 03 outlincd in 2lound3 View Municipal Codc Chaptcr 202 and approval of the majority of the property owners on the affected street; and WHEREAS, if a street is constructed at a width of 28 feet, parking will be restricted to one side; and WHEREAS, streets designated as Municipal State Aid (MSA) streets will be constructed in accordance with MSA standards of 26 feet No Parking Both Sides, 32 feet Parking One Side, 38 feet Parking Both Sides, to receive funding and will be assessed only for the recommended width; and WHEREAS, when a street is proposed to be reconstructed a neighborhood informational meeting will be held to inform the residents of the extent of the improvements; and WHEREAS, the majority of the affected properties within the entire project may elect to reconstruct the street wider than the recommended width, and will be assessed for the entire width. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View adopts a recommended street width of 30 feet measured from face of curb to face of curb. BE IT FURTHER RESOLVED that should extenuating circumstances exist that would increase the project cost, or be determined to be a detriment to the neighborhood, the street may be constructed to a width of 28 feet measured from face of curb to face of curb. Adopted this 26 day of September, 1995 • ATTEST: i� /MAYOR (SEAL) ITY ADMINISTRATOR f ' -) 201.01 201.01 CHAPTER 201 GENERAL FINANCE PROVISIONS SECTION: 201.01: Municipal Depository 201.01: MUNICIPAL DEPOSITORY: At its first meeting each year, the Council shall designate the depository for the Municipal funds. (1988 Code §2.14) J City of Mounds View 202.01 202.01 CHAPTER 202 PUBLIC IMPROVEMENTS SECTION: 202.01: Title, Purpose and Authority 202.02: Definitions 202.03: Effect of Charter Provisions 202.04: Statute Provisions Adopted 202.05: Council Powers and Authority 202.06: Combining Improvements 202.07: Improvement Petition Procedures 202.08: Contract Procedures; Performance of Improvements 202.09: Apportionment of Cost 202.10: Assessment Procedures 202.11: Appeal to District Court 202.12: Payment of Assessments 202.13: Deferred Payment of Assessments 202.14: Service Charges; Special Assessment Against Benefited Property 202.15: Special Assessment Against Property of Governmental Units 202.16: Supplemental Assessments and Re-Assessments 202.17: Fees and Charges for Tax-Forfeited Lands Returned to Private Ownership 202.18: Improvements Abandoned 202.19: Financing of Improvements 202.01: TITLE, PURPOSE AND AUTHORITY: Subd. 1. Short Title: This Chapter will be known, cited and referred to as the MOUNDS VIEW PUBLIC IMPROVEMENT CODE, except as referred to herein, where it shall be known as "this Chapter". Subd. 2. Purpose: It is the purpose of this Chapter to provide the procedure for initiating, constructing, maintaining and financing local improvements and the imposition of special assessments. (1988 Code §26.01) Subd. 3. Authority: This Chapter is enacted pursuant to the Home Rule Charter of the City (hereinafter referred to as the "Charter"), Section 8.03. (1988 Code §26.02) City of Mounds View 202.02 202.05 202.02: DEFINITIONS: For the purpose of this Chapter,the terms defined in this Section shall have the meanings ascribed to them. Other terms shall have the meanings ascribed to them in the Charter or other provisions of this Code, where applicable or consistent. Subd. 1. CITY: The City of Mounds View. Subd. 2. COUNCIL: The City Council of Mounds View. Subd. 3. CLERK: The Mounds View Clerk-Administrator. Subd. 4. IMPROVEMENT: Any type of improvement made under authority granted by the Charter or State law'. Subd. 5. LOCAL IMPROVEMENTS: A public improvement financed partly or wholly from special assessments. Subd. 6. NEWSPAPER: The official newspaper of the City. Subd. 7. NEWSLETTER: A letter published by the City at regular intervals at least six (6) times each year3. Subd. 8. STREET: Any street, alley or other public way or any part thereof. (1988 Code §26.03) 202.03: EFFECT OF CHARTER PROVISIONS: Local improvements shall be carried out exclusively under the provisions of the Charter. (1988 Code §26.15) 202.04: STATUTE PROVISIONS ADOPTED: The provisions of Minnesota Statutes 444.075,pertaining to waterworks systems, main sewers and sewage disposal plants, as amended from time to time, are hereby adopted by reference. (1988 Code §26.24; 1993 Code) 202.05: COUNCIL POWERS AND AUTHORITY: The City Council shall have power to make the following improvements: Subd. 1. To acquire, open and widen any street and to improve the same by constructing, reconstructing and maintaining sidewalks, pavement, gutters, curbs and vehicle parking M.S.A. §429.011, et seq. 2 See Section 108.01 of this Code. 3 See Charter Section 1.13. City of Mounds View 202.05 202.05 strips of any material or by grading the same, including storm sewers or other street drains and connections from sewer, water or similar mains to curb lines'. Subd. 2. To acquire, develop, construct, reconstruct, extend and maintain storm and sanitary sewers and systems, including outlets, holding areas and ponds, treatment plants, pumps, lift stations, service connections and other appurtenances of a sewer system, within and without the corporate limits2. Subd. 3. To construct, reconstruct, extend and maintain steam heating mains. Subd. 4. To install, replace, extend and maintain street lights and street lighting systems and special lighting systems. Subd. 5. To acquire, improve, construct, reconstruct, extend and maintain water works systems, including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks, treatment plants and other appurtenances of a water works system, within and without the corporate limits3. Subd. 6. To acquire, improve and equip parks, open space areas, playgrounds and recreational facilities within and without the corporate limits4. Subd. 7. To plant trees on streets and to provide for their trimming, care and removals. Subd. 8. To abate nuisances and to drain swamps, marshes and ponds on public or private property and to fill the same6. Subd. 9. To construct, reconstruct, extend and maintain dikes and other flood control works'. Subd. 10. To construct, reconstruct, extend and maintain retaining walls and area walls. Subd. 11. Other improvements authorized by Minnesota Statutes 429.021, as amended from time to time. (1988 Code §26.04) See Title 900 of this Code. 2 See Chapter 907 of this Code. 3 See Chapter 906 of this Code. 4 See Chapter 905 of this Code. 5 See Chapter 605 of this Code for disease control 6 See Chapter 604 of this Code. See Title 1300 of this Code. City of Mounds View 202.06 202.07 202.06: COMBINING IMPROVEMENTS: An improvement on two (2) or more streets or two (2) or more types of improvement in or on the same street or streets or different streets may be included in one proceeding and conducted as one improvement. (1988 Code §26.04) 202.07: IMPROVEMENT PETITION PROCEDURES: Subd. 1. Petition Instituted: All local improvements to be paid for by special assessments against the benefited property shall be instituted by either: 1) petition of at least twenty-five percent (25%) in number of the benefited property owners together with a resolution adopted by an affirmative vote of the majority of all of the Council; or 2) a resolution adopted by a four-fifths (4/5) affirmative vote of all of the Council. Subd. 2. Council Resolution; Notice of Hearing: a. The Council resolution shall state the nature and scope of the proposed improvement and shall provide means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of such estimate, the Council shall, by resolution, set a date for a public hearing on the proposed improvement, setting forth therein the time,place and purpose of such hearing. Such resolution shall be described in the City Newsletter and published twice at least one week apart in the official newspaper of the City no less than two (2) weeks prior to the date of said hearing, and in addition thereto, a copy of such resolution, including estimated unit prices and estimated total price thereof, shall be mailed to each benefited property owner at his last known address at least two (2) weeks prior to the date of said hearing. Failure to give mailed notice or any defects in the notice shall not invalidate the proceedings. (1988 Code §26.05) b. When any petition for the making of any public improvement or in opposition to any public improvement, as provided for in this Chapter, is presented to the Council, the Council shall, by resolution, determine whether or not the petition has been signed by the required percentage of owners of property affected thereby or as to the sufficiency of said petition. (1988 Code §26.06) Subd. 3. Petition Hearing: At the hearing, the City Council shall receive any written and oral statements and hear any petitioners for or against the proposed improvement. Subd. 4. Sixty Day Period; Protests: a. A period of sixty (60) days shall elapse after the public hearing before any further action shall be taken by the Council on the proposed improvement. If, within such sixty (60) day period, a petition against such improvement be filed with the Council, signed by City of Mounds View 202.08 202.08 d. Advertisement: The advertisement shall specify the work to be done, shall state the time when the bids will be publicly opened for consideration by the Council, which shall be not less than ten (10) days after the first publication of the advertisement when the estimated cost is less than one hundred thousand dollars ($100,000.00) and not less than three (3) weeks after such publication in other cases, and shall state that no bids will be considered unless sealed and filed with the Clerk-Administrator and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk-Administrator, for such percentage of the amount of the bid as the Council may specify. In providing for the advertisement for bids, the Council may direct that bids shall be opened publicly by two (2) or more designated officers or agents of the Municipality and tabulated in advance of the meeting at which they are to be considered by the Council.Nothing herein shall prevent the Council from advertising separately for various portions of the work involved in an improvement, or from itself, supplying by such means as may be otherwise authorized by law, all or any part of the materials, supplies or equipment to be used in the improvement or from combining two (2) or more improvements in a single set of plans and specifications or a single contract. Subd. 2. Contracts;.Day Labor: a. In contracting for an improvement, the Council shall require the execution of one or more written contracts and bonds, conditioned as required by law. The Council shall award the contract to the lowest responsible bidder, or it may reject all bids. If any bidder to whom a contract is awarded fails to enter promptly into a written contract and to furnish the required bond, the defaulting bidder shall forfeit to the Municipality the amount of the defaulter's cash deposit, cashier's check, bid bond or certified check, and the Council may, thereupon, award the contract to the next lowest responsible bidder. b. When it appears to the Council that the cost of the entire work projected will be less than twenty five thousand dollars ($25,000.00) or whenever no bid is submitted after proper advertisement or the only bids submitted are higher than the Director of Public Works/City Engineer's estimate, the Council may advertise for new bids or, without advertising for bids, directly purchase the materials for the work and do it by the employment of day labor or in any other manner the Council considers proper. The Council may have the work supervised by the Director of Public Works/City Engineer or other qualified person but shall have the work supervised by a registered engineer if done by day labor and it appears to the Council that the entire cost of all work and materials for the improvement will be more than two thousand dollars ($2,000.00). City of Mounds View 202.07 202.07 a majority of the owners proposed to be assessed for the improvement or, when the improvement has been petitioned for, signed by a number of the owners proposed to be assessed for such improvement at least equal to the number of those who petition for the improvement, the Council shall not make such improvement at the expense of the property benefited unless, in the meantime, there be filed with the Council a petition asking that the improvement be made, signed by property owners proposed to be assessed for such improvement at least equal in number to those who signed the petition against the improvement; in which event, the Council may disregard the petition against the improvement. b. Regardless of the provisions in subdivisions 1 through 5 hereof, when less than one hundred percent (100%) of the estimated cost of a proposed local improvement is to be paid for by special assessment within the sixty (60) day period after a public hearing has been held on the proposed improvement, a petition may be filed with the Council, signed by a majority of the number of electors who voted for Mayor in the last regular Municipal election, protesting against either the improvement or the assessment formula or both. In this event, the Council shall not proceed with the improvement as proposed. Subd. 5. Withdrawal from Petition: Any person whose name appears on a petition to the Council for a local improvement or on a petition to the Council against a local improvement may withdraw their name by a statement, in writing, filed with the Council before such petition is presented to the Council. Subd. 6. Limitations: When a proposed improvement is allowed under the foregoing subdivisions, the Council may proceed at any time between sixty (60) days and one year after the public hearing on the improvement. However, no contract shall be let in the event that the current proposed contract exceeds the estimated cost by more than ten percent (10%). Subd. 7. Reconsiderations: When a proposed improvement is disallowed under the foregoing subdivisions, the Council shall not vote on the same improvement within a period of one year after the public hearing on said improvement. Subd. 8. Petition By All Owners: Whenever all owners of real property abutting upon any street named as the location of any improvement shall petition the Council to construct the improvement and to assess the entire cost against their property, the Council may, after a public hearing, as provided in Chapter 8 of the Home Rule Charter, adopt a resolution.determining such facts and ordering the improvement. (1988 Code §25.05) City of Mounds View 202.07 202.08 Subd. 9. Appeal: a. Any person being aggrieved by this determination may appeal to the District Court of Ramsey County by serving upon the City Clerk-Administrator, within thirty (30) days after the adoption of the resolution, a notice of appeal briefly stating the grounds of appeal and giving a bond in the penal sum of two hundred fifty dollars ($250.00), in which the Municipality shall be named as obligee, to be approved by the City Clerk- Administrator, conditioned that the appellant will duly prosecute the appeal, pay all costs and disbursements which may be adjudged against appellant and abide by the order of the Court. b. The Clerk-Administrator shall furnish the appellant a certified copy of the petition or any part thereof, on being paid by appellant of the proper charges therefor. c. The appeal shall be placed upon the calendar of the next general term commencing more than thirty (30) days after the date of serving the notice and filing the bond and shall be tried as are other appeals in such cases. d. Unless reversed upon the appeal,the determination of the Council as to the sufficiency of the petition shall be final and conclusive. (1988 Code §25.07) 202.08: CONTRACT PROCEDURES; PERFORMANCE OF IMPROVEMENTS: Subd. 1. Plans and Specifications; Advertisement For Bids: When the Council determines to make any improvement, it shall cause plans and specifications of the improvement to be made, or if previously made, to be modified, if necessary, and to be approved and filed with the Clerk-Administrator. a. Cost in Excess of Twenty Five Thousand Dollars: If the estimated cost exceeds twenty five thousand dollars ($25,000.00), it shall advertise for bids for the improvement in the newspaper and such other papers and for such length of time as it may deem advisable. b. Cost in Excess of One Hundred Thousand Dollars: If the estimated cost exceeds one hundred thousand dollars($100,000.00), publication shall be made once in the newspaper and at least once in a newspaper or trade paper published in a city of the first class no less than three (3) weeks before the last day for submission of bids. c. Eligibility for Trade Paper: To be eligible as such a trade paper, a publication shall have all the qualifications of a legal newspaper; except, that instead of the requirement that it shall contain general and local news, such trade paper shall contain building and construction news of interest to contractors in this State, among whom it shall have general circulation. City of Mounds View 202.08 202.08 c. In case of improper construction or unreasonable delay in the prosecution of the work by the contractor, the Council may order and cause the suspension of the work at any time and relet the contract or order a reconstruction of any portion of the work improperly done, and where the cost of completion or reconstruction necessary will be less than twenty five thousand dollars ($25,000.00), the Council may do it by the employment of day labor. Subd. 3. Day Labor; Detailed Report: a. When the Council has performed construction work by day labor, it shall cause a detailed report to be filed with the Clerk-Administrator and certified by the registered engineer or other person in charge, if there is no registered engineer. The report shall show: (1) The complete cost of the construction. (2) Final quantities of the various units of work done. (3) Materials furnished for the project and the cost of each item thereof. (4) Cost of labor, cost of equipment hired and supervisory costs. b. The report shall have attached a certificate by the registered engineer or other person in charge that the work was done according to the plans and specifications or, if there were any deviations from them, an itemized statement of these deviations. Subd. 4. Alternate Procedure on Street Improvements: As to any improvements consisting of grading, graveling or bituminous surfacing of streets and alleys, the Council may proceed in the manner provided in this Chapter; except, that it may: a. Order the work done by day labor, regardless of the estimated cost of such improvements. b. Use Municipal equipment or hire equipment and purchase materials for all such improvements to be done by day labor in any twelve (12) month period by advertising once therefor, such advertisement to call for bids for the furnishing of equipment, if the City does not use its own equipment, and for materials at unit prices based on the quantities which the Council estimates will be required. c. Contract at one time on a unit-price basis for part or all of the street improvements to be constructed by the Municipality during the current year,including improvements which may thereafter be ordered constructed. City of Mounds Yiew 202.08 202.09 Subd. 5. Cooperation with State or Local Government: When an improvement is made under a cooperative agreement with the State or another political subdivision by the terms of which the State or other subdivision is to construct the improvement, it shall not be necessary to comply with subdivisions 1 and 2 hereof. Subd. 6. Percentage Payment on Engineer's Estimate: In case the contractor properly performs the work,the Council shall, from month to month before completion of the work, pay him not to exceed ninety five percent (95%) of the amount already earned under the contract, upon the estimate of the engineer or other competent person selected by the Council, and the contract shall so provide, and shall further agree that when the work is ninety five percent (95%) or more completed, upon the recommendation of the engineer, such portions of the retained price shall be released as the Council determines are not required to be retained to protect the City's interest in satisfactory completion of the contract. Subd. 7. Modification of Contracts: After work has been commenced on an improvement undertaken pursuant to a contract awarded on a unit price basis, the Council may, without advertising for bids, authorize changes in the contract so as to include additional units of work at the same unit price if the cost of the additional work does not exceed twenty five percent (25%) of the original contract price. Original contract price means that figure determined by multiplying the estimated number of units required by the unit price. (1988 Code §26.08) Subd. 8. Time Limit on Improvements: When the Council determines to make any local improvement, it shall let the contract for all or part of the work or order all or part of the work done by day labor or otherwise as may be authorized by law, no later than one year after the public hearing on the improvement. (1988 Code §26.17) 202.09: APPORTIONMENT OF COST: Subd. 1. The cost of any improvement, or any part thereof, may be assessed upon property benefited by the improvement, based upon the benefits received, whether or not the property abuts on the improvement, and whether or not any part of the cost of the improvement is paid from the County-State Aid Highway Fund, the MunicipalState Aid Street Fund or the Trunk Highway Fund. The area assessed may be less than but may not exceed the area proposed to be assessed as stated in the notice of hearing on the improvement, except as provided below. The Municipality may pay such portion of the cost of the improvement as the Council may determine from general ad valorem tax levies or from other revenues or funds of the Municipality available for the purpose, subject to the provisions of subdivision 8.04(2) of the Charter. The City may subsequently reimburse itself for all or any of the portion of the cost of a water, storm sewer or sanitary sewer improvement so paid by levying additional assessments upon any properties abutting on but not previously assessed for the improvement, on notice and hearing as City of Mounds View 202.09 202.09 provided for the assessments initially made. To the extent that such an improvement benefits nonabutting properties which may be served,by the improvement when one or more later extensions or improvements are made but which are not initially assessed therefor, the City may also reimburse itself by adding all or any of the portion of the cost so paid to the assessments levied for any of such later extensions or improvements; provided, that notice that such additional amount will be assessed is included in the notice of hearing on the making of such extensions or improvements. The provisions of Section 202.07 shall apply to such extensions or improvements in the same manner as if they were new improvements. (1988 Code §26.09) Subd. 2. Improvement Type and Apportionment of Cost: a. Street Reconstruction Including Curb and Gutter: The cost of street reconstruction shall be recovered by the adjusted front footage method. The front footage rate shall be determined by dividing the project cost by the total number of adjusted front feet in the project area x the individual adjusted front footage x one-half(1/2). The assessments per adjusted front foot may vary depending on the underlying zoning of a parcel. Assessments for residential properties which are on collector or arterial streets shall be adjusted so that the amount of the assessment shall be the same as if the project were constructed to residential street standards. The remaining cost shall be recovered by means of the general ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. b. Street Resurfacing: Street resurfacing is commonly known and referred to as street overlaying whereby a new bed of road material such as bituminous is installed over an existing paved road to a specific thickness. Assessments shall be determined by the adjusted front footage method. c. Sidewalk: Sidewalk improvements may be done in conjunction with a street reconstruction or as a separate project. In any event, cost of sidewalk improvements shall be recovered by means of the general ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. d. Sealcoating: Sealcoating, patching and cracksealing are considered general maintenance activities and the expenses of such acts will be paid for by ad valorem property tax or any other funds available to the City at that time. J City of Mounds View 202.09 202.09 e. Sanitary Sewer and Water Mains: Repair and replacement of sewer or water mains is usually done in conjunction with a street reconstruction project and the cost of this work should be included as part of the total major street project cost and should also be considered to be included in the rate assessed for street reconstruction. If it is determined that the repair and replacement work results in a greater benefit to some properties and not to others, the Council should consider establishing a different assessment rate based on the benefits received. f. Sanitary Sewer and Water Trunk Improvements: Trunk sewer and water mains are usually designed to carry larger volumes of flow than are necessary within an immediate property area in order to serve additional properties beyond the area of their immediate placement. Therefore, one hundred percent (100%) of the cost of trunk improvements will be assessed on a unit basis to all properties within a district deemed to be benefitted from the trunk improvements. g. Sewer and Water Services: Individual sewer and water services benefit only the properties they serve and one hundred percent (100%) of their cost shall be assessed to the property for which they are installed. h. Drainage Improvements: Storm drainage and ponding/basin systems are usually constructed to serve a specific drainage or "watershed" district. The cost of drainage improvements shall be one-half(1/2) assessed. The remaining cost will be paid for by the Storm Water Surface Utility and/or by an ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. Storm sewer reconstruction normally takes place together with street reconstruction projects and the costs shall be assessed in accordance with the assessment policies related to street improvements. Site specific improvements would be assessed at a one-half(1/2) rate to the benefitting properties. i. Special Conditions: Special consideration shall be given to the "age" of a street or utility system when determining the proportion of cost to be assessed to benefitted properties. If it is necessary to reconstruct or resurface a street or perform major repair/replacement work on sewer and water utilities, before a reasonable amount of time (10 to 12 years for resurfacing, 12 to 17 years for partial reconstruction and 17 to 25 years for total reconstruction)the assessment shall be calculated on a pro-rated basis. The remaining cost shall be recovered by means of the general ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. (Ord. 567, 11-13-95) City of Mounds View 202.09 202.09 Subd. 3. Methods of Assessment: a. The nature of an improvement determines the method of assessment. The objective is to choose an assessment method which will arrive at a reasonable, fair and equitable assessment which will be uniform upon the same class of property within the assessed area. The most frequently recognized assessment methods are: the unit assessment, the front footage assessment and the area assessment. Depending upon the individual project, any one or a combination of these methods may be utilized to arrive at an appropriate cost distribution. City staff will consider all methods and weigh their applicability to the project and present a recommendation to the City Council in the form of a mock assessment roll (or rolls). A description of each assessment and its corresponding policy application is presented. A separate section (Section III) will identify the appropriate matchup of method with a specific type of project and analyze why each is generally used. The purpose of assessment formulas is to• allocate assessed costs among benefitted properties, the formula should result in an allocation of assessments which is reasonably related to the benefit received. Any one predetermined formula will not be appropriate in all cases because of circumstances unique to the relationship between the specific project and the specific properties benefitted. When considering an assessment method or formula for any given project, it may be necessary to combine assessment methods or ) to modify the methods described below. Therefore, the following description of methods of assessments should be regarded as guidelines, which may not be appropriate in all cases. b. Unit Assessment: A unit assessment shall be derived by dividing the total project cost by the number of Residential Equivalent Density (RED) units in the project area. A RED unit is defined as a single family residential unit. All platted and unplatted property will be assigned RED unit values equivalent to the underlying zoning. When the existing land use is less than the highest and best permitted use, the Council may consider the current use as well as the full potential of land use in determining the appropriate number of RED units. Otherwise, the following RED chart will apply on a per unit basis, subject to adjustment by the Council for any inequities: Single Family 1.00 RED Duplex 1.00 RED Condominium 0.80 RED Multifamily (3 units or more) 0.80 RED Townhouse 0.80 RED Commercial 2.00 Units Industrial 2.00 Units The unit approach has proven to be the best method in those instances whereby the improvement largely benefits everyone to the same degree and the cost of the improvement is not generally affected by parcel size. City of Mounds View 202.09 202.09 c. Area Assessment: The assessable area shall be expressed in terms of the number of acres or the number of square feet subject to assessment. When determining the assessable area, the following considerations will be given: (1) Ponding Assessment Consideration: Lakes, ponds and swamps may be considered a part of the assessable area of a parcel. (2) Road Right-of-Way Assessment Consideration: Up to twenty percent (20%) of the gross acreage may be deducted for street right-of-way purposes within unplatted parcels of five acres or more depending upon the parcel configuration and is only applicable to single family residential use. Parcels of less than five acres may not qualify and may be assessed full acreage. The reason for this size restriction is that, in most instances, parcels of less than five acres cannot support an internal public road system. (3) Park Dedication Assessment Consideration: When park land is dedicated as part of a residential development, as required by Subdivisions Code - Chapter 1204.02, the developer shall not be assessed an acreage charge on the portion of land dedicated. d. Front Footage Assessment: The actual physical dimensions of a parcel abutting an improvement (i.e., street, sewer, water, etc.) will generally not be construed as the frontage utilized to calculate the assessment for a particular parcel. Rather, an "adjusted front footage" will be determined. The purpose of this method is to equalize assessment calculations for lots of similar size. Individual parcels by their very nature differ considerably in shape and area. The following procedures will apply when calculating adjusted front footage. The selection of the appropriate procedures will be determined by the specific configuration of the parcel. All measurements will be scaled from available plat and section maps and will be rounded down to the nearest 1/2 foot dimension with any excess fraction deleted. e. Categorical type descriptions are as follows: Standard Lots Rectangular Variation Lots Triangular Lots Cul-de-sac Lots Curved Lots Irregularly Shaped Lots Corner Lots Flag Lots Double Frontage Lots The ultimate objective of these procedures is to arrive at a fair and equitable distribution of cost whereby consideration is given to lot size and parcels are comparably assessed. City of Mounds View 202.09 202.09 (1) Standard Lots. In this instance, the adjusted front footage for rectangular lots would be the actual front footage of the lot. The frontage measured shall be the lot width at the front lot line. MAIN AVE. so' 2• Adj. Front Footage EXAMPLES A © Lot A-50' Lot 8-90' • (2) Rectangular Variation Lots. For a lot which is approximately rectangular and uniform in shape, the adjusted front footage is computed by averaging the front and back sides of the lot. This method is used only where the divergence between front and rear lot lines is 20 feet or less. MAIN A V/E. Adj. Front Footage 9a" %o" EXAMPLES Lot A-90= 110 = 100' Lot B-70 : 80, = 75' 2 rro' ' so' (3) Triangular Lots. For a triangular shaped lot, the adjusted front footage is computed by averaging the front and back lot lines. The measurement at the back lot line shall not exceed a maximum distance in depth of 150 feet. MAIN AVE. Adj. Front Footage t eco• 4-.7' \\ / EXAMPLES Lot A-100 :40 = 70' WSJ' A 8 c i 2 / Lot B-40_ = 85' 2 �,_ 1 ,4• L :�, _ L - _ _ - Lot C-120 0 — 2 City of Mounds Yiew 202.09 202.09 (4) Cul-de-Sac Lots. The adjusted front footage for those lots that exist on cul- de-sacs will be calculated at the midsection of the lot at the most reasonably defined and determinable position. This line will be computed by connecting the midpoints of the two side lot lines. Or, if the lots are similar in nature and configuration, a common lot width, such as the standard setback of 30' may be assigned based upon an evaluation of typical lots within the subdivision. MAIN CIRCLE Adj. Front Footage EXAMPLES • ' Lot A- 75' ' C Lot B-110' ' Lot C- 80' �zs -- n __. A B \\ (5) Curved Lots. In certain situations such as those where lots are located along meandering trail system streets, read patterns create curvilineal frontages. In such instances, the adjusted front footage will be the width of the lot measured at the midpoint of the shortest side lot line. ,. Adj. Front Footage / • EXAMPLES �'��'. � y \ Lot A- 70' 1 '�� ' _ ' _ _ \ \ Lot B- 90' A• i / • __p0__. ,r� 1 Lot C-150' , s 7c/ / / • • • City of Mounds View 202.09 202.09 (6) Irregularly Shaped Lots. In many cases, unplatted parcels that are legally described by a metes and bounds description are irregular and odd shaped. The adjusted front footage will be calculated by measuring the lot width at the 30 foot building setback line. f M A I N A V E.• — Adj. Front Footage EXAMPLES �" ' - -- – LotA-115' Lot 8-140' • A 8 C Lot C-125' (7) Corner Lots a. On a corner lot, one hundred percent (100%) of the adjusted front footage of the short side will be assessed and twenty-five percent (25%) of the adjusted front footage of the long side will be assessed for improvements benefitting the respective sides. the length of the property sides and not the orientation of the principal building shall determine adjusted front footage in this case. A series of lots (two or more) under common ownership shall be considered as one parcel or lot for determining which is the short or long side of a property. However, this shall only apply to series of lots on which only one principal building is situated. Adj. Front Footage EXAMPLES 1 Lot A-Side 1 = 43.75' • Side 2 = 95' Lot B-Side 1 = 87.5' elt Side 2 = 125' F — , 01 • _ t A. AVG. - - -) . -J City of Mounds Yiew 202.09 202.09 b. General Commercial Zoned Corner Lots. No allowance relief will be granted because of the higher inherent property value associated with improved traffic frontage and greater visibility along business district and industrial park intersections. The adjusted front footage shall be the entire frontage measured along the setback line comprising the building envelope. Adj. Front Footage EXAMPLES Lot A-280' �' -- Lot B-390' � •i - 2.51 c 4,, e i 1. A 0 130' _ • NIA I1%1 300 ..VE. • (8) Flag Lots. Properties which utilize a narrow private easement or maintain ownership of access to their property exceeding a minimum length of 125 feet, thereby having a small frontage on a street, will be assigned an adjusted front footage of 75 feet. This dimension is consistent with the subdivision ordinance which prescribes such length as the minimum lot frontage along a public roadway. The adjusted front footage for flag lots whose driveway access is under 125 feet will be measured at the building setback line from the access terminus. Adj. Front Footage EXAMPLES MAI N AVE. l61 Lot A-75' Lot B-90' IC) 30' , ;� �l tom, • 11 I_0 City of Mounds View 202.09 202.10 (9) Double Frontage Lots. If a parcel, other than a corner lot, comprises frontage on two streets and is eligible for subdivision, then an adjusted front footage assessment will be charged along each street. For double frontage lots lacking the necessary depth for subdivision, only a single adjusted front footage will be computed. The frontage with dirveway access to front of house, shall be assessed. Adj. Front Footage MAIN A'✓ E_ MAIN AVE EXAMPLES 110' 80' Lot A-220' so Lot B- 80' 8 A 1101 (Ord. 567, 11-13-95) • 202.10: ASSESSMENT PROCEDURES: Subd. 1. Calculation of Expense; Notice: a. Determination of Expenses: At any time after a contract is let or the work ordered by day labor, the expense incurred or to be incurred in its making shall be calculated under the direction of the Council. The Council shall then determine by resolution the amount of the total expense the City will pay, other than the amount, if any, which it will pay as a property owner, and the amount to be assessed. Thereupon, the Clerk-Administrator, with the assistance of the engineer or other qualified person selected by the Council, shall calculate the proper amount to be specially assessed for the improvement against every assessable lot, piece or parcel of land, without regard to cash valuation, in accordance with the provisions of Section 202.09 of this Chapter. b. Assessment Roll: The proposed assessment roll shall be filed with the Clerk-Administrator and be open to public inspection. c. Notices: The Clerk-Administrator shall thereupon, under the Council's direction, publish notice that the Council will meet to consider the proposed assessments. (1) Such notice shall be published in the newspaper at least once and shall be mailed to the owner of each parcel described in the assessment roll. J . City of Mounds View 202.10 202.10 (2) Such notice shall state the date, time and place of such meeting, the general nature of the improvement, the area proposed to be assessed, the amount to be specially assessed against that particular lot, piece or parcel of land, that the proposed assessment roll is on file with the Clerk-Administrator and that written or oral objections thereto by any property owner will be considered. (3) The notice shall state that no appeal may be taken as to the amount of any assessment adopted pursuant to subdivision 2 unless a written objection signed by the affected property owner is filed with the Municipal Clerk-Administrator prior to the assessment hearing or presented to the presiding officer at the hearing. (4) The notice shall also state that an owner may appeal an assessment to District Court pursuant to Section 202.11 of this Chapter by serving notice of the appeal upon the Mayor or Clerk-Administrator of the Municipality within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within ten (10) days after service upon the Mayor or Clerk-Administrator. The notice shall also inform property owners of the provisions of Section 202.13 of this Chapter and the existence of any deferment procedure established pursuant thereto in the City. (5) For the purpose of giving mailed notice, owners shall be those shown to be such on the records of the County Auditor or the records of the County Treasurer, but other appropriate records may be used for this purpose. Such publication and mailing shall be no less than two (2) weeks prior to such meeting of the Council. Except as to the owners of tax-exempt property or property taxes on a gross earnings basis, every property owner whose name does not appear on the records of the County Auditor or County Treasurer shall be deemed to have waived such mailed notice unless the property owner has requested, in writing,that the County Auditor or County Treasurer, as the case may be, include the property owner's name on the records for such purpose. Subd. 2. Adoption of Assessment; Lien; Interest: a. At such meeting or at any adjournment thereof, the Council shall hear and pass upon all objections to the proposed assessment, whether presented orally or in writing. The Council may amend the proposed assessment as to any parcel and by resolution adopt the same as the special assessment against the lands named in the assessment roll. Notice of any adjournment of the hearing shall be adequate if the minutes of the meeting so adjourned show the time and place, when and where the hearing is to be continued. b. The assessment, with accruing interest, shall be a lien upon all private and public property included therein, from the date of the resolution adopting the assessment, concurrent with the general taxes, but the lien shall not be enforceable against public property as long as it is publicly owned, and during such period, the assessment shall be recoverable from the owner of such property only in the manner and to the extent provided in Section 202.15 of this Chapter. (1988 Code §26.10) City of Mounds View City of Mounds View Staff Report To: Chuck Whiting, City Clerk-Administrator From: Bruce A. Kessel, Finance Director Item Title/Subject: Street Improvement Plan Date of Report: September 4, 1998 Overview The City has a total of 43.42 miles of streets. Of these, 31.99 miles are local streets and 11.43 miles have been designated as Municipal State Aid streets. The previously distributed future street project worksheets identified various street projects over the next 50 years. For street reconstruction, 7.46 miles of MSA streets and 24.31 miles of local streets have been identified for reconstruction. The remaining miles of streets had been reconstructed within the last several years and were not included on the list for reconstruction. The street reconstruction projects include several components. MSA streets were projected to be built at various widths from 32 to 44 feet. Local streets were projected to be built at 30 feet. Local streets are estimated to cost approximately 10%less than MSA streets. All streets were projected to be built with curb and gutter. Curb and gutter adds approximately $6.34 per front foot per side to the cost of streets. MSA streets require curb and gutter. With reconstruction, streets are torn up and as such, it is cost effective to evaluate other infrastructure and make necessary improvements to such infrastructure at the same time as the street is reconstructed. Both MSA and local street projects include some additional infrastructure improvements to the water, waste water, and surface water systems. Funding was projected from a number of sources including MSA construction funds, County turn back funds, special assessments, and surface water, water and waste water fund contributions. Special assessments were limited to 50% of a standard road so that an individual living on a MSA street would pay the same amount as an individual's property abutting a local street. Some projects would be funded at in excess of 100%of the associated cost; for example, MSA normally pay for 85% of a project plus the city would also assess for 50% of a typical local street. For surface water drainage,MSA would fund 85% of the cost, plus the city would assess a set per lot assessment for affected properties, and additional funding would come from the surface water fund. In addition, there are several county roads that will be turned back to the City; at the time of the turn back,the County will provide funds equal to their estimate to bring the street up to a certain standard. The City's original funding plan projected using any eligible MSA funds plus standard assessments on such projects in addition to the turn back funds. As noted above, funding for these projects would be in excess of 100%of the associated project costs. This additional funding would be used to offset the City portion of none MSA streets. Since MSA streets comprise approximately 25% of the total street system and special assessments comprise less than 50% of the total project costs, additional city funding will be needed to fund local street reconstruction. Summary of financial projections MSA Streets City of Mounds View Staff Report September 4, 1998 Page 2 7.46 miles of MSA streets were identified for reconstruction at an estimated cost of$6,827,000 (excluding the surface water component). Funding was estimated as follows: MSA $5,532,000, County turn back at$748,000 and assessments at$2,305,000. Local Streets 24.31 miles of local streets were identified for reconstruction at an estimated cost of$14,766,000 (excluding the surface water component). Special assessments were estimated at$5,450,000. Surface water Surface water improvements were estimated at$1,318,000. The MSA funding noted above includes a partial reimbursement relating to the surface water component of the project. In addition, a portion of the cost would be assessed at a set amount per residential or commercial lot. Additional funding would be provided from the surface water fund. Changes in Street Standards Existing local street standards call for a 30 foot wide street. The City presently has 31.99 miles of local streets. For every 2 foot reduction in the standard width to the overall system,the City could save approximately $610,000. As noted above,the projects call for reconstruction of 24.31 miles of streets; if the width was reduced,the following savings would result: Street width Dollar savings Percent savings 28 ft $465,000 3.15% 26 ft $930,000 6.30% 24 ft $1,395,000 9.45% For two way traffic,the road width can not be less than 24 feet. Removal of curb and gutter Existing local standards require curb and gutter. MSA standards require curb and gutter. If curb and gutter was removed from local streets, construction costs would be reduced by approximately $1,600,000 or 10.8%. Current literature indicates that roads will deteriorate at a faster rate and requiring more frequent maintenance without curb and gutter. We were unable to project additional maintenance costs nor did we project an earlier overlay/reconstruction due to removing curb and gutter. Cash flow projections Using existing policies and no additional City funding, at the end of 50 years,the City's street construction fund would have a deficit of$47,997,000. If curb and gutter is removed,the projected deficit is $35,000,000. However, as noted above,we did not factor in additional maintenance costs nor a faster overlay/reconstruction that would appear to be required if curb and gutter is removed. If the County reconstructs Spring Lake Road,the deficit increases to $58,092,000. If the County reconstructs Spring Lake Road but curb and gutter is removed from all local streets, the projected deficit is $45,075,000. I < c a— -_ -r e 0 r2 - F €4M - 1 0 ¢ n w g d tl 3 z. In iii f_ F111 11 r a iIIIUI1i o « f. : t t _ • = � - � T 11 L o 00Ii 1 s o - t N 2IF C < K K A K h FIB 111g11 I! 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The purpose of this conversion was to comply with Minnesota Statutes 471.994 "every political subdivision must use a job evaluation system in order to determine the comparable work value of the work performed by each class of its employees. The job evaluation system must be maintained and updated to account for new employee classes and any changes in factors affecting the comparable work of existing classes." The City had not formally reviewed it's job evaluation system since 1987. The first step in converting systems consisted of reviewing job descriptions to ensure they matched the position functions. Descriptions were reviewed by employees and management. Labor Relations Assoc., the consultant assisting with the conversion from PDI to HAY, assigned benchmark values to a majority of the positions within the City. For those positions which were not able to be automatically benchmarked using the model criteria from HAY, a position description questionnaire was completed by the employee and sent to HAY for further analysis. The positions that required a questionnaire to be completed are listed on the attached page. Once all of the positions received a benchmark value, a hierarchy of points was distributed to the employees. The employees were then given the opportunity to appeal the points assigned to their position. An appeal board of 3 employees was set up to evaluate the appealed positions and to make a recommendation to the City Administrator. The positions that appealed were: Department Secretary- Public Works, Payroll/Utility Billing Clerk, Park Maintenance and the Building Inspector. Upon evaluation by the Appeals Board and the City Administrator, a few minor changes were made regarding these and other positions. The Parks Maintenance position(Steve Dazenski) has been changed to Parks Foreman to reflect the increasing job responsibilities that have evolved in the parks department. The points for this position were increased from 197 to 276 to reflect the change in title and job responsibilities. The title of Department Secretary has been changed to Administrative Assistant. The title of "Secretary" is outdated and not entirely inclusive of the type of work our Department Administrative Assistants perform. (Pat Michna, Barb Benesch and Tracy Juell) The Payroll/utility billing clerk position(Kitty Hickock)has been changed to Human Resources Tech and will now operate in the Administration Department. As payroll and benefit issues make up the majority of Kitty's time, it is a logical step. There are options being explored for hiring a part time employee/or contracting out for utility billing to allow for growth in this position in Human Resource areas. Kitty's points were raised from 169 to 210 to reflect her change in title and increased job responsibilities that were added when the former utility billing clerk left. The Department Secretary position for Public Works (Tracy Juell) was changed to the new title of Administrative Assistant. This position has recently taken on the Recycling Program. Due to this increase in job responsibility, the points were increased from 177 to 194. The Building Inspector position was retitled Building Official with a point increase from 262 to 310,to reflect the updated job description with increasing job responsibilities. The position of Administration Department Secretary has been changed to the Office Communications Coordinator. This reflects the increase in responsibility involving the City Newsletter, employee newsletter, telecommunications/phone system, and employee committees. The points for this new position are 213. The following chart shows the preliminary points established by the study, as well as the final points after analysis by Labor Relations Assoc., HAY and the Appeals Board. TITLE Preliminary Points Final Points City Administrator 1040 1040 Police Chief 739 739 Public Works Director 732 732 Finance Director 677 677 Park and Rec Director 525 525 Community Dev. Director 496 496 Golf Course Manager/Supt. 491 491 Lieutenant 426 426 Public Works Foreman 385 385 Assistant to City Admin. NA 384 Sergeant 382 382 Economic Devt. Coord. NA 375 Planning Associate 373 373 Housing Coordinator 372 372 Recreation Program Sup. 366 366 PGA Prof/Club House Mgr NA 361 Accountant 332 332 Building Inspector (official) 262 301 Engineering Tech 292 292 Patrol Officer 280 280 Parks Foreman NA 276 Cable Producer 250 250 Office Communications Coord NA 213 Personnel Tech. NA 210 Mechanic 208 208 Maintenance 197 197 Admin. Asst-Public Works 177 194 Admin. Asst. - Police, CD 177 183 Sr. Clerk Typist 144 144 CSO 122 122 Receptionist 104 104 Custodian 82 82 The compensation analysis is being prepared by LRA and will be presented to the Council at the meeting on Tuesday. Cari S --u -1st Assistant to the City Administrator FROM :HAY MGMT CONSLT 512 333 2009 1997, 11-18 09:23 #S92 P.02/02 City of Mounds View CLASS.T.FICATION EVAL REPORTS TOTAL BY TO PTS City Administrator LRA Council 1040 Police Chief LRA Administrator 739 Finance Director LRA Administrator 677 Parks and Recreation Director LRA Administrator 525 Economic Development Director Hay Administrator 496 Community Development Director LRA Administrator 496 Golf Course Mgr/Supt Hay Finance Director 491 Housing Coordinator Hay Comm Dev Dir/Econ Dev Dir 427 Lieutenant LRA Police Chief 426 Public Works Foreman LRA Director of Public Works 385 Sergeant LRA Lieutenant 382 Planning Associate Hay Community Development Director 373 Recreation Program Supervisor LRA Parks&Recreation Director 366 Accountant LRA Finance Director 332 Human Resources Coordinator Hay Finance Director 289 Patrol Officer LRA Sergeant 280 Building Inspector LRA Community Development Director 262 Cable Producer Hay Parks&Recreation Director 250 Administrative Secretary LRA Administrator 213 Mechanic LRA Director of Public Works 208 Maintenance LRA 197 Secretary-Police Hay Chief of Police 177 Secretary-Comm Dev Hay Community Development Director 177 Secretary-Public Works Hay Director of Public Works 177 Payroll/Utility Billing Administrator Hay Finance Director 169 Sr. Clerk Typist LRA Secretary-Police 1.44 CSO LRA 122 Receptionist LRA Human Resources Coordinator 104 Custodian LRA Administrative Secretary 82 HayGroup L�. Item No. Meeting Date: 9-8-98 Staff Report No. Type of Business:WK WK: Work Session;PH:Public Hearing; CA:Consent Agenda;EDAB:EDA Business Mounds View Economic Development Authority Staff Reort To: Honorable Mayor, City Council Members From: Steve Dorgan, Housing Inspector Item Title/Subject: Abatement of Hazardous Building- 2091 Hillview Road Date of Report: September 3, 1998 BACKGROUND In July of 1997, the City Council ordered the abatement of code violations for the building located at 2091 Hillview Road due to hazardous conditions. The property owner, Soji Agboola, subsequently released ownership of the property to Principal Residential Mortgage in September of 1997. In October of 1997, Principal Mortgage conveyed the property by"Special Warranty Deed" to the Department of Housing and Urban Development (HUD). In January of 1998, the City entered into an agreement with HUD which required all noncompliant code items on the property be brought into compliance by July 6, 1998 (attached). The agreement provided HUD the opportunity to sell the property and have all outstanding code violations on the property corrected. The agreement provides that if the required corrections were not made, HUD may specify"whether the abatement should be in the form of repairs or remediation to abate conditions or razing and removing the improvements on the property". HUD attempted to sell the property through auction on two separate occasions prior to July 6, 1998. Each time a bid on the property was approved, the buyer's mortgage company would not approve a loan because of the abatement order attached to the title. HUD has provided a letter to the City requesting the rehabilitation of the building be arranged (attached). Since the required completion date of July 6, 1998, staff has been approached by several developers regarding the purchase of the property for the purposes of redevelopment. Staff has been working with prospective developers exploring options to purchase and rehabilitate the property. A developer would not be able to purchase the property directly from HUD unless through an auction, however, the City may purchase the property from HUD at a 10% discount (apprx. $80,100) and in turn sell the property to a prospective developer for rehabilitation. The most prospective option for redevelopment of the building would be for the City to purchase the property at a discount from HUD and sell the property to a developer. To date, staff has yet to receive a substantial proposal for purchase and redevelopment of the property. DISCUSSION Throughout the abatement process the property owner, HUD and city staff have attempted most options available to effectively correct the outstanding code violations on the property. At this time, the city maintains the right to exercise HUD's request to arrange for the immediate abatement of the property through the correction of the violations pursuant to the agreement. According to HUD, rehabilitating the building would be the most cost effective redevelopment scenario for the property. CC Memo - 2091 Hillview Road September 3, 1998 Page 2 On the other hand, HUD would allow the city to purchase the property at a 10% discount. The city may continue to exercise efforts to purchase the property for resale to prospective developers. This option would provide the city control over the redevelopment and sale of the property. Since the abatement order was approved in June of 1997, minimal progress has been made to rehabilitate or redevelop the subject property. The city should take immediate action to correct the noncompliant code items at the property whether this be through an abatement or redevelopment process. Legal staff will be available at the City Council workshop to explain the history and options available to the city for rehabilitation of the property. ACTION TO BE CONSIDERED Provide staff direction for further process in the abatement and/or redevelopment of the property located at 2091 Hillview Road. The options include the following: 1. As outlined in the abatement agreement between the city and HUD, exercise HUD's request to arrange for the correction of all noncompliant code items and have all costs deferred to the property. 2. Pursue the redevelopment of the property through acquisition. The city may purchase the property at a discounted price from HUD and market the property to prospective developers for the redevelopment of the property. 3. Provide HUD an additional 6 months to auction the property. For this to occur,the abatement order on the title must be removed. A separate agreement between HUD and the city may also be required. Steve Dorgan Housing Inspector 717-4023 Attachments: 1) Location Map 2) Settlement Agreement between HUD and City of Mounds View 3) Letter from HUD N:\DATA\GROUPS\COMDE V\HOUSING\HILL209I\E DA9_8.98 Location Map Lii\e,N 14 Mil 111 =OM MEM MUM EREEE1 4 EMEEM ® sed actISM= Ififflata .... EZEEEM OEMEgegEl KS: IMMa IMMO MEM MEEME SEEM 0 8 ME awn • maw eseso Mae g BEIEU MOS ° '''''s" MEM ISINEM ® Vit, =rr_z .c<swas ME r® _AA W EMS 1319261 12231153 ?? M 1.: :,..a un IF t 111 1 ii to >, 1 2091 Hillview Road t CY m i €g ® F, Hillvie Road ® lv -,A m'N m,.,.; „,,, k is r `E X33®ill: el im Asz EV ® ,-, 3.S Vii. 'fir£( eii\>..= al ta 100 0 100 200 Feet —"”" Abatement of Hazerdous Building 2091 HilIview Road ,) STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT CASE TYPE: OTHER CIVIL Court File No. 62-C3-97-6654 In the Matter of the Hazardous Building located at 2091 Hillview Road, SETTLEMENT AGREEMENT Mounds View, Minnesota. THIS AGREEMENT is entered into this 2nd day of January, 1998, by, between and among the City of Mounds View ("City"), a municipal corporation and the Department of Housing and Urban Development of the United States ("HUD"). RECITALS WHEREAS, on or about July 11, 1997, the City served and filed an Amended Order for Abatement on Soji Agboola (Owner of Record at that time), Principal Residential Mortgage (Lienholder of Record at that time), Sandra Strasser(Tenant) and Lisa Graff(Tenant). WHEREAS, the property subject to the City's Order for Abatement (the "Property") is legally described as: The West 103 feet of the East 723 feet of the North 160 feet of the South 193 feet of the Northeast 1/4 of the Southeast 1/4 of Section 5,Township 30,Range 23. WHEREAS, the Principal Residential Mortgage became the Owner of Record of the Property on or about September 18, 1997. WHEREAS, Principal Residential Mortgage conveyed the Property by Special Warranty . Deed to HUD on or about October 2, 1997. WHEREAS, the City served and filed a Second Amended Order for Abatement on HUD (now the Owner of Record) on or about November 14, 1997. WHEREAS, HUD interposed an Answer on or about December 4, 1997. WHEREAS, the parties wish to resolve this matter through settlement. AGREEMENT NOW, THEREFORE, in accordance with the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Recitals are hereby incorporated and made a party of this Agreement. 2. HUD shall abate all of the conditions set forth in the City's housing inspection report attached hereto as Exhibit A by July 6, 1998. 3. If and when the conditions set forth in Exhibit A are abated, subject to the City's inspection and approval, the City will dismiss the above-captioned matter with prejudice. 4. If HUD conveys or is in the process of conveying the Property to a third party ("Subsequent Purchaser"), HUD agrees to provide in any agreement with a Subsequent Purchaser that the conditions set forth in Exhibit A that have not been abated prior thereto must be abated by HUD or by the Subsequent Purchaser on or before July 6, 1998. 5. If the conditions set forth in Exhibit A are not abated by July 6, 1998, an immediate Order for Abatement will issue from the Court upon notification from the City that the conditions set forth in Exhibit A are not abated. Such Order for Abatement will allow the City to abate the conditions set forth in Exhibit A in accordance with Minn. Stat. § 463.15 et seq. 6. In the event that the conditions set forth in Exhibit A are not abated by July 6, 1998, and the Order for Abatement issues immediately from the Court, HUD may specify whether the abatement should be in the form of repairs or remediation necessary to abate the conditions set forth in Exhibit A, or razing and removing the improvements on the Property. -2- 7. HUD agrees to keep1he building structure on the Property secured in accordance with City regulations until it is transferred to a Subsequent Purchaser, or the improvements on the Property are razed pursuant to paragraph 6 hereof, whichever occurs first. Dated: January 2, 1998 KENNEDY & GRAVEN, CHARTERED By Joe Y. Y. i (#254939) Attorney for th:F ity of Mo a iew 470 Pillsbury Center Minneapolis, MN 55402 Telephone: (612) 337-9300 Telecopier: (612) 337-9310 Dated: January 2, 1998 MACKALL, CROUNSE &MOORE, PLC YQ• _. Allen E. Christy, Jr. (#1.-38-53)•t\ Attorneys for Dorthy Pehl Department of Housing and Urban Development 1400 AT&T Tower 901 Marquette Avenue Minneapolis, MN 55402 Telephone: (612) 305-1400 Telecopier: (612) 305-1414 AEC/laa/447286.1 -3- s<.+•,, U.S.Department of Housing and Urban Development a 11. .11 " • Stade Orice E,.�fl►' � 220 Second Street Smith RtnMaeo{ls. M,nesota 55+41-2195 DATE: July ;:9. 1998 TO: Joe Y Yang Kennedy and Graven 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 FAX 3 37-9310 / FR M: Sophie E. Hallauer, REO S•G3y""ii lr SUBJECT: Building at 2091 Hillview Road. Mounds View, Minnesota Your File NO. M210-l0 FHA Case No. 370-587'799 The Department of Housing and urban Development would prefer to have the property rehabbed if it could be accomplished in a reasonable length of time and at a cost that would allow At7D to recover the costs of the rehab and part of the costs of the foreclosure from the sale. If you have any knowledge of the amount of time and cost required I would appreciate hearing from you. These coats would be paid at the time of closing on the HUD sale. You may contact me at 370-3000 extension 2152 or by FAX at 370- 3046. 118-d ZO/ZO'd 8Z8-1 OlESIEEl19 MBV115 7 A03NN311-mold odgivn 98-fJf-or Item No. Meeting Date: 9-8-98 Staff Report No. Type of Business:WK WK: Work Session;PH:Public Hearing; CA:Consent Agenda;EDAB:EDA Business Mounds View Economic Development Authority Staff Re ort To: Honorable Mayor, City Council Members From: Steve Dorgan, Housing Inspector Item Title/Subject: Home Improvement Loan Interest Subsidy Program Date of Report: September 3, 1998 SUMMARY At the City Council meeting on July 28, 1998, the Council received information regarding the implementation of an Interest Subsidy Home Improvement Loan program. The EDC has recommended guidelines for implementation of a proposed loan program(see Exhibit A). The recommendation included two separate components: 1. MHFA Home Improvement Loan Interest Subsidy Interest subsidies will be provided to existing Minnesota Housing Finance Agency(MHFA)home improvement loans with below market interest rates. Homeowners qualifying for MHFA loans would have loans subsidized to a 5% rate(maximum of a 3%subsidy). At the EDA meeting on April 27, 1998, the commission approved application to the MHFA for the"Community Fix-up Fund" as part of an overall Home Improvement Loan Program. The MHFA approved the city's application for the Community Fix-up Fund, which essentially increases the maximum household income limit from $49,000 to $69,920 for homes built prior to 1965. Qualifying home owners would include households with incomes of less than $69,920 and owning a home built before 1965. Qualifying homeowners with homes built after 1965 would be required to have a maximum income of$49,000 or less. 2. Market Rate Home Improvement Interest Subsidy A subsidy of 3% would be provided to market rate loans (i.e. Market interest rates at 11%would be subsidized to 8%). Subsidized market rate loans would be provided to homeowners that would not otherwise qualify for MHFA loans. Each component of the program is proposed to be administered by participating lenders. The city would provide funding to participating lenders for the purpose of buying down the interest rates of existing loan programs. DISCUSSION Program Guidelines At the City Council meeting in July, the council discussed several issues relating to the proposed program and requested further information be provided regarding the following issues: 1. Could the subsidy program be split into two separate programs? CC Memo-Home Improvement Loan Program September 3, 1998 Page 2 As proposed,the program is comprised of two separate programs which creates one overall program. The first program provides an interest subsidy to existing MHFA home improvement loans. MHFA loans have income limits established as part of each program. The maximum income limit eligible to Mounds View residents for MHFA loans is $69,920, available through the Community Fix-up Fund. The second component of the proposed program would provide an interest subsidy to existing market rate loans. By subsidizing existing market rate loans, all qualifying homeowners within the city would be eligible to receive an interest subsidy for home improvement loans regardless of household income. 2. City obligations for administering the program. Because the program proposes to subsidize existing loans currently offered through lending agencies, there would be minimal administration for city staff The proposal provides that an administrative fee of$75 be paid to participating lenders for each originated loan. City staff will provide follow-up on each loan ensuring the improvements are completed according to loan agreements. Staff will also provide reports to the EDA periodically for formally approval of loans and to update the commission on the programs status. 3. What are the income limits for the loan program? There was some discussion at the last council meeting regarding the need for income limits. As the loan programs are currently structured, the MHFA programs currently have income limits in place. Whereas, the Market Rate component of the proposed program has no income limits associated with loan requirements. 4. Eligibility of'HP funds and subsequent requirements. Legal staff has reviewed TIF fund requirements for the purposes of subsidizing home improvement loans. It was determined that TIF funds may be used to subsidize home improvement loans for the purpose of housing redevelopment. According to the Minnesota State Statutes governing TIF, funds may be used for redevelopment purposes as outlined in the city's adopted TIF Plan. The Ilk Plan for the City of Mounds View has identified funds be used for. home improvement and redevelopment purposes. Also, the EDA may be obligated to formally approve each loan. The city may not delegate the decision making to participating lenders. Each lender would approve eligibility requirements as they pertain to income qualifications,however the city may be required to approve each loan. Available TIF Funds As previously discussed,the city has allocated$130,000 for 1998 to be used for Housing Rehabilitation related programs (see Exhibit B). So far this year, $5,600 of the allocated TIF funds have been used for housing. The EDA also recently approved the purchase of an HRP home located at 6991 Pleasant View Drive for$60,500. The program proposes to allocate a total of$75,000 for purposes of subsidizing interest rates for home improvement loans for two separate existing programs. Of which, $40,000 will be used to subsidize and administer MHFA loans (i.e. provide approximately 25 reduced rate loans at$10,000). The other program would propose to allocate$35,000 for subsidizes to Market Rate loans (i.e. provide approximately 22 subsidized loans at$10,000). The end result would be approximately$470,000 of CC Memo-Home Improvement Loan Program September 3, 1998 Page 3 increased value to the city's housing stock. The EDA may also consider phasing in the allocation of TIF funds over a period of two years. This would allow for the purchase of the approved HRP property and allocate the remaining funds for the proposed Home Improvement Loan Program for 1998. The remaining funds needed for the program may then be allocated in 1999. However,this may deplete the allocated TIF funds for 1999 and eliminate the opportunity to purchase additional HRP properties. ACTION TO BE CONSIDERED Provide staff direction for implementation of the proposed Home Improvement Loan Interest Subsidy Program and set the proposed program on a future agenda for action. Steve Dorgan Housing Inspector 717-4023 Attachments: Exhibit A: Home Improvement Loan Interest Subsidy Program Guidelines Exhibit B: TIF Funds Allocation Schedule for Housing Rehabilitation NADATA\GROUPS\COMDEV\HOUSING\[OMELOAN\EDA_REP\EDA9_8.98 EXHIBIT A City of Mounds View Home Improvement Loan Interest Subsidy Program Program Overview Due to the age and condition of the city's housing stock, it is important to encourage reinvestment in the community to avoid blight and to upgrade the quality, livability and marketability of the housing stock. The goal of the program is to provide an interest subsidy to home improvement loans to accommodate all homeowners within the city as an incentive to improve the livability and quality of the city's housing. The program will include two separate components to accomplish the goal of accommodating all homeowners within the City: I. An MHFA Home Improvement Loan Interest Subsidy which will take advantage of (and further reduce the interest rate for) existing MHFA loan programs with below-market interest rates for qualifying low to moderate income households. II. A Market Rate Home Improvement Loan Interest Subsidy for all other qualifying homeowners within the city who would not otherwise qualify for MHFA home improvement loans. By providing both programs, every qualifying homeowner within the city will be provided an opportunity to receive an equal subsidy for home improvement loans. The following are the terms and guidelines for the both of the programs. I. Terms for MHFA Home Improvement Loan Interest Subsidy The Mounds View Economic Development Authority(EDA)is making available $40,000 in tax increment financing (TIF)funds for the purpose of subsidizing the interest rate of home improvement loans under this program. The loans will be Minnesota Housing Finance Agency (MHFA) loans originated by participating lenders and subsidized by the City of Mounds View. The city will provide interest subsidies for MHFA loans. .Maximum loan amounts through this program will be $35,000. The loans will be originated by the participating lenders;Western Bank and Center for Energy and the Environment (CEE). The program expects that subsidized loans will be originated for a period of at least two years. The City of Mounds View will provide funds in an account at participating lenders for the purpose of subsidizing qualifying home improvement loans. Loans provided by MHFA and originated by the lender will be subsidized in a lump sum payment from the city account (i.e. a$10,000 loan for a term of 10 years at 8% subsidized to a 5% rate will require a 3% lump sum interest payment of $1,587.20 by the city). Target Properties All qualifying owner occupied residential properties having 1-4 units. MHFA Community Fix-up Fund loans will be used for homeowners with an adjusted household income of$69,900 or less with homes built before 1965. Other qualifying homeowners may access other MHFA Fix-up Fund loans. City of Mounds View- Home Improvement Loan Program Page 2 Program Guidelines The program will follow the following MHFA eligibility guidelines: 1. Underwriting of these loans will follow the MHFA procedural manuals and normal and prudent underwriting criteria. 2. Participating lenders will utilize City of Mounds View TIF funds to write down the interest rate on MHFA loans. MHFA loans will be written down to a maximum effective rate of 5%. Loan interest differentials will be paid by the City of Mounds View. 3. MHFA will be solely responsible for servicing the loans. 4. Eligible improvements and eligible properties are determined in accordance with MHFA guidelines for the individual programs and are stated in the procedural manuals for each program. 5. Borrower's must provide proof of income, property tax statement, bid for work, and contractor warranty. 6. The property owner has 9 months from the date of closing to complete the improvement(s). 7. Loan proceeds will be disbursed to the borrower at loan closing. 8. Loan proceeds over$2,500 may be secured with a mortgage. 9. Lenders will offer a remodeling counselor to property owners desiring assistance in evaluating and prioritizing improvements to their property. Remodeling counselors will also be available to assist property owners in evaluating bids. Fees for these services will be paid by the City of Mounds View. 10. Sweat equity projects are permitted. However, labor is not eligible for compensation. Sweat equity refers to an arrangement where the property owner(not a contractor) performs the home improvement. 11. Funds must first be used to abate any outstanding orders or code violations from the City of Mounds View. Use of funds is limited to eligible improvements allowable under MHFA's Fix-up Fund Loan Programs specified as Eligibility/Ineligible Requirements of this policy. Eligibility Requirements Owner-Occupied/Permanent Residence The property shall be occupied year round as a permanent residence and shall be occupied by the borrower as his or her principle place of residence within 60 days of the date of Loan closing. A residence is not eligible if now used, or can reasonably be expected to be used, as a recreational home. Business Use of Home If 49% or less of the square footage of a Property, including any basement areas, is now regularly and exclusively used in trade or business (or can reasonably be expected to be so used)then the property is eligible. Improvements must be made to the residential portion of the property only. Completed Property Properties must be completed. A completed property is either: City of Mounds View-Home Improvement Loan Program Page 3 1. A property that has been occupied as a year-round permanent residence for at least five continuous years; or 2. A single-unit Property that has been occupied for at least 90 days by the Borrower or previous tenants, and had in place all of the following permanent items at least 90 days prior to the date of Credit Application: a. Foundation b. Completed utility connections, including water, electric and sanitary facilities. c. Whole house heating system. d. Electrical wiring to all rooms of the house. e. Finished exterior including, but not limited to, siding, windows, doors, roofing, and basic landscaping. f. At least one bathroom with a sink, toilet, and bathtub or shower. g. A kitchen, with sink. h. Standard plumbing to the bathroom and kitchen. I. An interior that is finished in a manner common to the locality for properties of the same general type as the Property to be improved. Multi-Unit Properties For all properties which now contain or will contain upon completion of improvements, more than one dwelling unit: 1. The property must contain no more than four(4) dwelling units. 2. The borrower must occupy one of the dwelling units as Borrower's principal place of residence. 3. The borrower shall enter into an Occupancy Agreement providing for occupancy of some of the rental units by tenants who are persons or families of low or moderate income. Manufactured or Factory-Made Houses A manufactured or factory-made dwelling unit is eligible to be improved with a loan only if the following requirements are met: 1. The dwelling unit has been placed on property owned by the borrower or being purchased under a real-estate contract. 2. The wheels of the dwelling unit have been removed and the dwelling unit has been placed on a permanent foundation. 3. The security for the loan to purchase the dwelling unit is in the form of a mortgage covering the property. 4. All utility connections including water and sanitary facilities are operable so that the dwelling unit is complete and habitable. 5. The dwelling unit is carried on the tax rolls of Ramsey County as real property. 6. The property to be improved meets all other eligibility standards set forth in this policy. City of Mounds View-Home Improvement Loan Program Page 4 �ligible/Ineligible Improvements Type of Improvement Eligible Ineligible Handicapped accessibility • bathroom modifications • any improvement which is improvements which are permanent • installation of grab bars and no a permanent fixture to the fixtures handrails property. • lifting devices • main level bathroom addition • main level bedroom addition • ramp addition • sidewalk addition or repair • widening doorways • widening hallways Energy Conservation Improvements • awnings • fireplace construction • caulking • any improvement which is • door and window repair or not a permanent fixture to replacement the Property • fireplace modifications • fireplace repairs • ground water heat pumps • insulation • solar domestic hot water heaters • storm doors and windows • ventilation • water heater replacement • weather stripping Exterior Improvements • brick repair or replacement • Improvements which are not • decks permanent fixtures such as: • gutters and down spouts saunas,decks,patios, • driveway replacement or gazebos,hot tubs, resurfacing nonpermanent landscaping • fences fixtures. • health and safety repairs to recreational improvements • landscaping(retaining walls, tree planting,tree removal) • lead or asbestos abatement • painting • roof repair or replacement • sidewalks • siding repair or replacement • soffit/fascia • steps and landings • waterproofing City of Mounds View- Home Improvement Loan Program Page 5 Heating and Cooling Systems • air cleaners • room air conditioners • air to air heat exchanger • freestanding space heaters • air to air heat pump • new built-in gas fireplace • central air conditioning • chimney modifications or repairs • furnace repair or replacement • geothermal heat pumps • ground water heat pumps • heating systems located outside the property which are connected to the property by ducts or plumbing • off-peak heating system • solar space heating system • wall/baseboard heaters • wood burning attachment to furnace which utili7P Property's existing duct work • wood burning furnaces • wood burning stoves Interior Improvements • built-in appliances • construction of new fireplace • electric garage door openers • recreational improvements • electrical work (sauna,swimming pool,hot • floor covering tub,etc.) • fire sprinkler system • repairs to any portion of the • hard wired fire/smoke Property used exclusively in alarms a trade or business • kitchen cabinets and • battery operated fire/smoke countertops repair or alarms replacement • intercom systems • lead or asbestos abatement • water purification systems • security systems/security which are not a permanent bars on window fixture • wall and ceiling repair and • personal property items, replacement including furniture • plumbing fixtures and connections • sewer/septic systems • water service hookup • water softeners and/or filtration system City of Mounds View- Home Improvement Loan Program Page 6 Structural Additions and Alterations • carports construction of or • foundation work improving garage space • garage construction or repair which will result in personal (new or improved garage use garage space per space must not exceed 800 property exceeding 800 sq. sq.ft.and must be use for ft and 3 stalls personal use only) • repairs to or construction of • health and safety repairs to out buildings recreational improvements • conversion of a • remodeling nonresidential structure to a • room additions residential structure • costs associated with moving a house • greenhouse Scope of Services City of Mounds View Responsibilities 1. Develop program guidelines and supervise implementation. 2. Market the program to city homeowners. 3. Dictate change in program guidelines as funds or conditions demand or indicate necessary. 4. Periodically review scope of work appeals and loan denial appeals. 5. Review periodic status reports provided by participating lenders. 6. Monitor and evaluate participating lenders performance and loan program guidelines. 7. City will establish a list of qualified remodeling counselors to be made available to the lender(s). 8. Facilitate an information meeting of participating remodeling counselors to provide expectations of services for the program(i.e. Loan pre-approval requirement for services, etc.). 9. Verify work is completed according to contract application. 10. Provide an administrative fee of$75 per subsidized loan payable to the lender. Participating Lenders Responsibilities 1. Process loan applications and originate loans. Lenders will first attempt to place a borrower in either the MHFA Fix-up Fund, Community Fix-up Fund or Home Energy loan programs. 2. Evaluate loan requests using MHFA underwriting guidelines. 3. Verify that eligible applicants live in Mounds View and that the proposed property lies entirely within the city's boundary. 4. As part of the application process, lenders will provide borrower a list of remodeling City of Mounds View-Home Improvement Loan Program Page 7 counselors after pre approval of a loan. If borrower chooses to use a remodeling counselor, the lender will administer payment of the city funds for the service. 5. Manage loan fund and provide the City of Mounds View periodic reports as agreed. 6. Assist in marketing the program to city homeowners. 7. Ensure borrower complete a guarantee form to ensure completion of work. City of Mounds View will provide a form to each lender to be completed by the borrower.. II. Terms for Market Rate Home Improvement Loan Interest Subsidy The Mounds View Economic Development Authority(EDA) is making available $35,000 in Tax Increment Financing(TIF) funds that will provide a 3% annual interest rate subsidy for new market rate home improvement loans which meet the program's criteria. The loans originated under this program will be for a term of up to 10 years. The maximum city subsidy for all loans and associated administrative costs issued in the first two years is $20,000. Aggregate subsidies for future years will decline each year as loan balances decrease. Aggregate subsidies will be paid by the city over the life of the loan. The loans will be provided through Western Bank and subsidized by the City of Mounds View. Maximum loan amounts through this program will be $35,000. The program expects to originate subsidized loans for a period of at least two years. The City of Mounds View will provide funds in an account at Western Bank for the purpose of subsidizing qualifying market rate home improvement loans. Subsidy funds will be provided incrementally to an account at Western Bank as needed. All loan proceeds provided by Western Bank will be subsidized by amortization payments over a maximum 10 year period (i.e. a$10,000 loan at a market rate of 11%, subsidized to an 8%rate will require a 3% interest subsidy payment of $1,587.20 by the city over a period of 10 years). The city's subsidy will be amortized over a 10- year payment. Program Guidelines 1. The City of Mounds View will subsidize 3% of the market interest rate for home improvement loans within the city. 2. Minimum loan size is $3,000 and maximum loan size is $35,000. 3. Western Bank will utilize City of Mounds View TIF funds to write down market rate home improvement loans not to exceed $200,000 in aggregate for the program's first two years. 4. Loans will be approved and originated under Western Banks underwriting criteria. 5. Western Bank will be responsible for servicing the loans. 6. Eligible improvements and eligible properties are determined by criteria adopted by the city (see Eligible Improvements). 7. Borrowers' must provide proof of income, a property tax statement, bid for work, and evidence of contractor warranties. 8. The property owner has nine months from the date of closing to complete the improvement(s). Mk City of Mounds View- Home Improvement Loan Program Page 8 9. Loan proceeds will be disbursed by having checks issued to the applicant and contractor. 10. The city will offer a remodeling counselor for any property owner desiring assistance in evaluating and prioritizing improvements to their property. Remodeling counselors will also be available to assist property owners in evaluating bids. Fees for these services will be paid by the City of Mounds View and payment administrated by the lender. 11. Sweat equity projects are permitted. However, labor is not eligible for compensation. Sweat equity refers to an arrangement where the property owner(not a contractor) performs the home improvement. 12. Funds must first be used to abate any outstanding orders or code violations from the City of Mounds View. Eligibility Requirements Owner-Occupied/Permanent Residence All owner occupied residential properties having 1-4 units located within the City of Mounds View. The property shall be occupied year round as a permanent residence and shall be occupied by the borrower as their principal place of residence within 60 days of the date of loan closing. A residence is not eligible if now used, or can reasonably be expected to be used, as a recreational home. No eligibility requirements for household income or age of housing will be required for this program. Business Use of Home If 49% or less of the square footage of a property, including any basement areas, is now regularly and exclusively used in trade or business (or can reasonably be expected to be so used)then the property is eligible. Improvements must be made to the residential portion of the property only. Completed Property Properties must be completed. A completed property is either: 1. A property that has been occupied as a year-round permanent residence for at least five continuous years; or 2. A single-unit property that has been occupied for at least 90 days by the borrower or previous tenants, and had in place all of the following permanent items at least 90 days prior to the date of credit application: a. Foundation b. Completed utility connections, including water, electric and sanitary facilities. c. Whole house heating system. d. Electrical wiring to all rooms of the house. e. Finished exterior including, but not limited to, siding, windows, doors, roofing, and basic landscaping. f. At least one bathroom with a sink, toilet, and bathtub or shower. g. A kitchen, with a sink. h. Standard plumbing to the bathroom and kitchen. 11. City of Mounds View-Home Improvement Loan Program Page 9 I. An interior that is finished in a manner common to the locality for properties of the same general type as the property to be improved. Multi-Unit Properties For all properties which now contain or will contain upon completion of improvements, more than one dwelling unit: 1. The property must contain no more than four(4) dwelling units. 2. The borrower must occupy one of the dwelling units as borrower's principal place of residence. Manufactured or Factory-Made Houses A manufactured or factory-made dwelling unit is eligible to be improved with a loan only if the following requirements are met: 1. The dwelling unit has been placed on property owned by the borrower or being purchased under a real-estate contract. 2. The wheels of the dwelling unit have been removed and the dwelling unit has been placed on a permanent foundation. 3. The security for the loan to purchase the dwelling unit is in the form of a mortgage covering the property. 4. All utility connections including water and sanitary facilities are operable so that the dwelling unit is complete and habitable. 5. The dwelling unit is carried on the tax rolls of Ramsey County as real property. 6. The property to be improved meets all other eligibility standards set forth in this policy. ligible/Ineligible Improvements Type of Improvement Eligible Ineligible Handicapped accessibility • bathroom modifications • any improvement which is improvements which are permanent • installation of grab bars and not a permanent fixture to fixtures handrails the property. • lifting devices • main level bathroom addition • main level bedroom addition • ramp addition • sidewalk addition or repair • widening doorways • widening hallways City of Mounds View- Home Improvement Loan Program Page 10 Energy Conservation Improvements • awnings • fireplace construction • caulking • any improvement which is • door and window repair or not a permanent fixture to replacement the Property • fireplace modifications • fireplace repairs • ground water heat pumps • insulation • solar domestic hot water heaters • storm doors and windows • ventilation • water heater replacement • weather stripping Exterior Improvements • brick repair or replacement • Improvements which are not • decks permanent fixtures such as: • gutters and down spouts saunas,decks,patios, • driveway replacement or gazebos,hot tubs, resurfacing nonpermanent landscaping • fences fixtures. • health and safety repairs to recreational improvements • landscaping(retaining walls, tree planting,tree removal) • lead or asbestos abatement • painting • • roof repair or replacement • sidewalks • siding repair or replacement • soffit/fascia • steps and landings • waterproofing City of Mounds View-Home Improvement Loan Program Page 11 Heating and Cooling Systems ▪ air cleaners • room air conditioners • air to air heat exchanger • freestanding space heaters • air to air heat pump • new built-in gas fireplace • central air conditioning • chimney modifications or Tepairs • furnace repair or replacement • geothermal heat pumps • ground water heat pumps • heating systems located outside the property which are connected to the property by ducts or plumbing • off-peak heating system • solar space heating system • wall/baseboard heaters • wood burning attachment to furnace which utilize Property's existing duct work • wood burning furnaces • wood burning stoves Interior Improvements • built-in appliances • construction of new fireplace • electric garage door openers • recreational improvements • electrical work (sauna,swimming pool,hot • floor covering tub,etc.) • fire sprinkler system • repairs to any portion of the • hard wired fire/smoke Property used exclusively in alms a trade or business • kitchen cabinets and • battery operated fire/smoke countertops repair or alarms replacement • intercom systems • lead or asbestos abatement • water purification systems • security systems/security which are not a permanent bars on window fixture • wall and ceiling repair and • personal property items, replacement including furniture • plumbing fixtures and connections • sewer/septic systems • water service hookup • water softeners and/or filtration system City of Mounds View-Home Improvement Loan Program Page 12 Structural Additions and Alterations • carports • construction of or • foundation work improving garage space • garage construction or repair which will result in personal (new or improved garage use garage space per space must not exceed 800 property exceeding 800 sq. sq.ft.and must be use for ft and 3 stalls personal use only) • repairs to or construction of • health and safety repairs to out buildings recreational improvements • conversion of a • remodeling nonresidential structure to a • room additions residential structure • costs associated with moving a house • greenhouse Scope of Services City of Mounds View Responsibilities 1. Develop program guidelines and supervise implementation. 2. Market the program to city homeowners. 3. Dictate change in program guidelines as funds or conditions demand or indicate necessary. 4. Periodically review scope of work appeals and loan denial appeals. 5. Review periodic status reports provided by the Western Bank. 6. Monitor and evaluate Western Bank performance and loan program guidelines. 7. City will establish a list of qualified remodeling counselors to be made available to Western Bank. 8. Facilitate an information meeting of participating remodeling counselors to provide expectations of services for the program (i.e. Loan preapproval requirement for services, etc.). 9. Verify work is completed according to contract application. 10. Provide an administrative fee of$75 per subsidized loan payable to the lender. Western Bank Responsibilities 1. Process loan applications. Western Bank will first attempt to place a borrower in the MHFA Fix-up Fund, Community Fix-up Fund or Home Energy loan programs. 2. Verify that eligible applicants live in Mounds View and that the proposed property lies entirely within the city's boundary. 3. As part of the application process, Western Bank will provide applicants a remodeling counselor through a rehabilitation remodeling counseling service after pre approval of a loan. If borrowers choose to use the remodeling service, the lender will administer payment of the service through city funds. City of Mounds View- Home Improvement Loan Program Page 13 4. Manage loan fund and provide the City of Mounds View periodic reports as agreed. 5. Assist in marketing the program to city homeowners. 6. Ensure borrower complete a guarantee form to ensure completion of work. City of Mounds View will provide a form to Western Bank to be completed by each borrower. • s. _ 1m5 EXHIBIT B Ci C ? 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JZ C.L. u'+ y Item No. _ Meeting Date: 9-8-98 Staff Report No. Type of Business:WK WIC:Work Session;PH:Public Hearing; CA:Consent Agenda;EDAB:EDA Business Mounds View Economic Development Authority Staff Re port To: Honorable Mayor, City Council Members From: Steve Dorgan, Housing Inspector Item Title/Subject: Proposed Multi-Family Development - Salvation Army Date of Report: September 3, 1998 SUMMARY Staff recently met with representatives from the Salvation Army regarding a proposed multi-family development proposal for the two vacant parcels on Woodlawn Drive(see Exhibit A). One of the lots (PID #08-30-23-22-0002) is currently owned by a private party(Glen Thorpe Realty). The other lot(PID #08-30-23-22-0003)is a tax forfeited property owned by the State of Minnesota. The City of Mounds View currently holds a"use deed" on this property with an option for purchase. The Salvation Army has proposed the City obtain the tax forfeited property and resell the lot to the Salvation Army for their proposed multi-family development. Both lots are zoned R-3 Medium Density Residential(6 units or less per structure) and have a Comprehensive Land Use designation of High Density Residential(12+units per acre). Therefore, a rezoning, development review and potentially variances will be required for the development as proposed. Both lots have never been developed. PROJECT DESCRIPTION The Salvation Army is proposing to obtain both vacant lots for the development of an 8 unit multi-family building which will include four 2-bedroom units and four 3-bedroom units for the purposes of providing low-moderate income housing(see attached site plan). The proposed multi-family building would provide permanent housing and on-site support services for homeless families living with HIV/AIDS some of whom may also be chemically dependant or mentally ill. The on-site services would include child care, transportation, health care coordination and chemical and mental health support. Community space would be used for shared meals and meetings. (see attached narrative) The lot owned by Glen Thorpe Realty may be purchased outright by the Salvation Army,however, because the City has a"use deed"for the State owned lot,the property would first have to be purchased by the City and then resold to the Salvation Army. Because the property is a tax forfeited parcel owned by the State, non municipal entities would have to purchase the property through an auction. The Salvation Army is requesting the City release the"use deed" on the property, purchase and resell the lot to the Salvation Army contingent upon the approval of the Salvation Army's development proposal. Ramsey County Assessors Office has valued the land at$29,000 plus recording fees. DISCUSSION The Salvation Army has applied to the MHFA for funding of the proposed project. As part of the application, the developer is required to obtain purchase agreements for the subject lots. Because the City i nteroff ice M E M O R A N D U M to: Steve Dorgan from: Mary Saarion subject: Parks and Recreation Commissioners recommendation regarding use of Woodlawn Dr, land for playlot. date: September 15, 1998 At the February, 1998 Parks and Recreation Commission meeting, Commissioners did consider the request by property managers to develop the land on Woodlawn Dr. and Edgewood Road as a playlot to serve children who resided in the apartment buildings. Upon consideration of this request, it had been presumed that both lots were tax forfeited properties. After looking into the tax forfeiture files of the property, Community Development staff discovered that only one of the lots were tax forfeited and the other lot was privately owned. Before this information was discovered, the Commission discussed opportunities to develop a playlot with the understanding that the costs would be minimal (approximately $2,000 for leveling, seeding and on-going mowing). It was not understood that one of the lots would need to be purchased. This was information that was discovered after the Parks and Recreation Commissioner's meeting. Therefore, upon your request, I will add this item on the agenda of the Thursday, September 17 Parks and Recreation Commission meeting so that they can discuss the item with new understanding that one of the lots would need to be purchased for an estimated cost of $29,000. I will let you know the Parks and Recreation Commission's recommendation regarding this issue. From: "Steve Dorgan" <MOUNDS_VIEW/STEVED> To: MOUNDS_VIEW/MARYS Date sent: Tue,15 Sep 1998 08:40:59 +0000 Subject: Woodlawn Drive Properties At the CC Workshop meeting last week we presented the council information regarding a possible development by the Salvation Army for the two vacant lots on Woodlawn Drive just off of Edgewood. As you know, the city has a "use deed" on one of the parcels. I believe the city had looked at the property at one time for a park. I'm trying to get some detailed information regarding the parcels. No one in the department has been here long enough to recall the history of the site. The council thought we had at one time looked at aquiring the property for a park. Here are some questions pertaining to Parks asked by the CC regarding the parcels. What is the Park an Rec. Commission's intent for the property. (are there any minutes for there decission)? Is there a valid plan in place for the development of a park on the site? Any information you have regarding these parcels would be much appreciated. Thanks.... Steve which is possible because of donations by Medtronic and Irondale Hockey Association. Four Sunday evenings of musical entertainment is planned during the month of June at Lakeside Park. SWIMAIING: The Aquatics program is changing to a Ellis & Associates curriculum which provides more flexibility in training and licensing lifeguards and swimming instructors. In addition, the curriculum is more user friendly rather than competitor skills (more similar to YMCA swimming lessons). In addition., Ellis & Associates provides training assistance, lifeguard and swimming staff evaluations and ort -going training. The switch over to this new aquatics program will begin this Summer. Lifeguards and Swimming Instructors will be trained in the new technologies of lifesaving and new curriculum of the Learn to Swim program this Spring. PLAYLOT REQUEST: Director Saarion reported that the Manager of Woodlawn Estates Apartment complex visited her office and suggested that the empty lot on Woodlawn Drive be groomed for a playlot for children of the apartments. Staff checked into the status of the two lots and found that both were tax forfeited properties. The size could accommodate a very small soccer field and/or a small overlapping ball field. The lots require clean-up, mowing, fill and seeding. The play space would be next to a street, but it was suggested that bushes could be planted along the roadway to hinder children from running into the street - or could be fenced. After discussion, Commissioner Starr made a motion seconded by Commissioner Long to recommend to the City Council declaration of these two parcels of tax forfeited property as parkland - to be improved for a grassy playlot Motion passed unanimously. Staff will provide further information to the City Council regarding costs and labor for improvements and will present this information at the April Work Session. PARK IMPROVEMENTS: Hillview Park hockey boards are very old. Planks and hardware has been replaced numerous times with a result being that the facility looks unsightly. The court is paved for multiple use both as a hockey rink during winter as well as rollerblade hockey rink and basketball court during Spring, Summer and Fall. The function of the facility is very good - but there is a need to replace the hockey boards. Approximate cost is $10,000. Staff requested Commissioner's thoughts on this proposal. In addition, Staff reminded Commissioners about the need for additional netting at Greenfield Park baseball field to decrease the number of foul balls landing on the parking lot, damaging cars and potentially hitting and hurting people in the park. (Commissioners recalled the visit to the park last summer when Councilmember Gunn's car was hit and dented with one i ntervff ice M E M O R A N D U M to: Parks and Recreation Commissioners from: Mazy Saarion subject: Request to build ballfields on Woodcrest Dr. date: February 18, 1998 The manager of Woodlawn Estates Apartment Building complex met with me yesterday requesting the City to build a ballfield play area on tax forfeited property located on Woodlawn Drive. Maps are attached to orientate you to the location and shape of the property. There would be adequate space to develop a small soccer field and perhaps a grassy softballlbasebali field for age groups 5 - 12 years old. Currently the property is not maintained and is an eyesore with long unmowed grasses. This area becomes a dumping ground for peoples' trash. Development would require clean-up of litter and debris, leveling and seeding. At this time it is doubtful that fill would be needed as the property is thought to be flat, although topsoil may be necessary for good turf development. Topsoil is available through the storage pile at Arden Park, (R.amsy County's leftover soil from Long Lake Road project). Additional parks maintenance time would be required if the City were to develop this as a playfiel. However, maintenance would be minimal with weekly mowing field grooming activities. Staff requests Commissioners to discuss and provide direction on this matter. A ON S g�PSS • Partner October 5, 1998 Dear Parks & Recreation Commissioners: Phone: (612) 717-4000 Fax: (612) 784-3462 I have copied for you information that the City Council will be discussing in regards to the management of the Community Center tomorrow evening. Please review the information. Administrator Chuck Whiting has predicted that the issue will be discussed around 6:30p.m. Therfore you should plan on being in attendance at the City Council Chambers about that time. See you tomorrow! Sincerely, ' Mary Saarion, Director Parks, Recreation & Forestry �AllllEa wlrX 2401 Highway 10 • Mounds View, MN 55112-1499 SOY IHIC TM Equal Opportunity Employer is recycled paper CC Memo - Salvation Army Development September 3, 1998 Page 2 currently holds a"use deed"for one of the lots, the Salvation Army is requesting the City arrange to purchase and resell the lot. At this time the Salvation Army is requesting the City Council provide approval for the purchase and resale of the property to the Salvation Army contingent upon the City Council's approval of the proposed development. ACTION TO BE CONSIDERED Staff requests direction for further process in this matter. The options include the following: 1. Direct staff to draft a resolution for action at the next City Council meeting which would approve the purchase and resale of the subject lot contingent upon the approval of a development proposal by the Salvation Army for the proposed project and required zoning and subdivision actions. 2. Direct staff to draft a resolution denying the Salvation Army's request for the City to purchase and resell the subject site contingent upon the approval of the proposed development. Steve Dorgan Housing Inspector 717-4023 Attachments: 1) Location Map 2) Project Narrative and Site Plan- Salvation Army N:\DATA\GROUPS\COMDEV\IOUSING\SALVATMEDA9_8.98 Proposed Development Site N Salvation Army A ,... _ ................. ...............i... ... . gi, . .. . % .. .I ® a 1, ................... a I . . Ili 1 E 1 i::::. .1 f , .......... .......I wo I g ................„..„...„:„.„.„. .,:::„.„:„.:.:.:.:„..:: mi ... ..,..... .... County Road . Pro•osed Site I.... .. .. 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I ... ......... c„ 1 ' ' I m ....................„.„...........„ .....................„... ...........,..........„,.... .... ,................,„ ........,................ ••••••••........... .... ........ .. .. ••..•.••.......... ....... .............,. ......... ,..... ....... ••••••..,............ ......... . .. ,.................. I. .. . . 13 „„....le M.. ?.......3/ .....„.„:„.................. ,_......„______ ........................... ............. .. I atm • Woodlawn Drive ... . ::: SEP-01-98 TUE 10:30 THE SALVATION ARMY FAX NO. 6123384717 P. 02 SALVATION ARMY FAMILY CAMPUS XIII. ADDITIONAL PROJECT INFORMATION A. Summary Description of the Project The Salvation Army's Family Supportive Housing Campus will provide permanent housing and on-site support services for homeless families living with HIV/AIDS some of whom are also chemically dependent, mentally ill or dually diagnosed. These families are very vulnerable and have a very difficult time finding and maintaining permanent stable housing. The underlying philosophy of this development will be to offer a stable safe setting with a range of on-site support so that vulnerable families can develop and maintain stability and become more self-reliant and active in the community. Services will include on-site childcare, transportation, health care coordination and chemical and mental health support. This new housing community will offer a"flexible lease" to program participants. This means that if a participant relapses they can go to a treatment program without losing their housing. Service partners will include case managers from the Minnesota AIDS Project and Women with a Point. The Family Supportive Housing Campus will provide 8 family units in a new, completely • accessible building. The project will include four 2-bedroom units and four 3-bedroom units. Community space for shared meals, meetings and resident interaction will also be included. Program space for supportive services, including on-site childcare space will also be provided. B. Proposed use of the Funds. Goals and Objectives The Salvation Army will use the MFA funds to cover a portion of the construction and related soft costs for this project. C. Goals and Objectives The goal of the Family Campus is to provide a safe, supportive and affordable setting for homeless families living with HIV/AIDS who are also struggle with issues of chemical dependency or mental I lness. In this environment families can stabilize their lives and flourish. This project is specifically designed to 1. Provide permanent housing for these homeless families 2. Improve resident health by provide a stable environment andsupport which will enable residents to participate in some of the new drug treatments available for dealing with AIDS 3. Improve the chances of success for the children by providing them with a stable supportive environment SEP-01-98 TUE 10:30 THE SALVATION ARMY FAX NO, 6123384717 P. 03 D. Need for this Project The need for these units for Single Parent Families with HIV/AIDS is highlighted in the 1997 update of the Housing Needs Assessment for Persons with HFV/AIDS that was done by the Coalition for Housing for People with HIV and the Minnesota Department of Health. The Coalition did their first assessment in January of 1995 to determine the housing needs of people with HIV in Minnesota. This assessment was based on an extensive survey of persons living with AIDS and of AIDS service providers. In January of 1997 an update of this survey was published. This update identified the following groups as the least well served, most likely to be homeless and therefore the highest priority populations for housing: -HIV positive people with children -Those with poor rental history -Those with chemical dependency and mental illness -HIV positive African Americans These families and individuals are often barred from participation in other programs for persons which AIDS because these programs are unequipped to deal with their multiple issues of chemical dependency, mental illness or just the presence of children in the • household. As a result,these families and individuals become homeless. The coalition specifically recommended funding for a number of programs which can address the highest priority populations. The proposed AIDS supportive Housing Project will deliver two of the eight priority programs: 1. Increase funding for housing opportunities for families living with AIDS. A housing project should be developed to allow families living with HIV to live in a supportive community setting. Childcare and transportation are two additional areas that should be targeted with such a dedicated proposal. 2. Fund programs that combine housing with assistance in dealing with chemical dependency or mental health issues. This project will provide a supportive permanent housing resource for homeless single parent families who, due to their multiple issues cannot be effectively served in other housing projects. By providing this type of housing,the Salvation Army Hope Harbor will help assure that these families will not be caught in an endless cycle of failed programs and homelessness. E. Innovative and/or Model features . This development is targeted to serve a very difficult population, homeless single parent families with HIV/AIDS many of whom are dealing with chemical dependency and/or mental illness. In order to effectively address the needs of this population and to provide SEP-01-98 TUE 10:31 THE SALVATION ARMY FAX NO. 6123384717 P. 04 long term stability this project will incorporate a number of innovative or at least special services including: 1. On site, supportive childcare, as well as enrollment in head-start programs where appropriate. 2. On site supportive services 3. Community building activities 4. Flexible lease, allowing resident placement in in-patient treatment programs when necessary without jeopardizing the permanent housing lease. 5. Support systems for children including various support programs while parent is in treatment. The Salvation Army believes that it is necessary to offer a broad range of support services in order to stabilize the lives of these difficult to serve families. The intent of this program is to both improve the present living situation of these families and, perhaps more important, to provide children with a solid foundation so that they can lead stable lives in the future. F. Non-Housing Support Services This building will be a supportive housing project. The concept is to provide enough on- site support services so that the residents, all of whom will move in with multiple problems and issues, will succeed in maintaining permanent housing and achieving stability. Services offered will include on-site child care, transportation, case management, chemical dependency counseling, health care coordination, TB screening, resident-led recovery group meetings and social activities. All staff will be experienced in working with homeless, chemically dependent persons and persons of color. Participant's service and housing needs will be assessed and tracked by stag starting with the resident selection process and continuing through the entire time residents live in the Family Supportive housing campus. Residents referred to the project will be selected using an established intake process that includes both an application and interview. This process will ensure that applicants meet the program criteria(including being homeless) and will solicit information regarding drug use,treatment histories, mental health as well as medical histories. This information will then be used to establish a case management plan as necessary. A case manager will be on-site full-time and will work with each family as necessary. Women With a Point- a Ryan White funded harm reduction organization will provide harm reduction based education, outreach and counseling support to program participants as well as education and training to staff. b .r U1-Uo lUt 1U.i 1Ht bHLVH11UN HK11Y t'HA NU, 01a6oll 11 t', U0 • G. Long Term Affordablilitv This project is being funded with equity, grants and deferred payment loans, there is no amortizing debt. This will help keep the operating costs down which will also help keep rents down. Initially, the rents on a portion of the units will be subsidized with HUD HOPWA funds. If and when this subsidy expires, the rents will be kept affordable through grants, Salvation Army Bed and Bread funds and through draws from the long term operating subsidy account. H.Relocation This project will be developed on a vacant piece of land and does not requie any relocation. I. Additional Information The Salvation Army has a significant amount of experience providing services to homeless individuals, families and children. The Salvation Army owns and operates the Harbor Light Center which is the largest provider of housing and addiction services to homeless adults in Hennepin County. The Salvation Army also has extensive experience in • providing childcare services, particularly through the St.Paul Core. The Salvation Army, through the Harbor Light Center, provides a variety of programs specifically targeted to difficult to serve homeless populations and those with serious issues. These services include the Special Needs Unit, a safe shelter for 74 vulnerable homeless men and women with mental and physical illness, a sub-acute medical detox facility which provides the only detox beds in the City of Minneapolis, and an in-patient State-licensed drug treatment program, which allows a person 96 days of residential treatment and 5 months of transitional housing, non-sober overnight shelter, and pre- treatment housing for those waiting for an open bed in a treatment program. Taken together, the programs at the Harbor Light Center offer a total of 375 beds for homeless men and women who would otherwise be sleeping on the streets. In 1989 the Minneapolis office of the Salvation Army rehabilitated the building located at 1010 Currie Avenue in order to create the Harbor Light Center. This was a$7.4 million project and created a multi-service center providing shelter and services to homeless men and women. The building includes the Special Needs Unit, a safe shelter for 74 vulnerable homeless men and women with mental and physical illness, a sub-acute medical detox facility, and in-patient State-licensed drug treatment program, non-sober overnight shelter, pre-treatment housing for those waiting for an open bed in a treatment program and 26 units of permanent SRO housing In total the Harbor Light Center provides a total of 375 beds for homeless men and women who would otherwise be sleeping on the streets. SEP-01-98 TUE 10:32 THE SALVATION ARMY FAX NO, 6123384717 P. 06 J. Consistency with Community Plans This proposal is consistent with the Comprehensive Plan. K. Consistent with Metropolitan Housing Implementation Group Joint Selection Criteria All of the units in this project will be affordable to and rented to individuals with incomes at or below 30% of the area median, well below the required 50%. This project is consistent with the HUD Continuum of Care plan. This project will promote economic integration by providing housing for very low income homeless families within the relatively affluent suburb of Mounds View. The project will lever a significant amount of private and local government funding including owner equity and foundation funding. HUD HOPWA funding has already been committed to this project. The project rents will be affordable over the long term. Half of the units in this development will serve larger families with children(3 bedroom units). The project serves persons with special needs and is not restricted to certain age groups. • • 0 SEP-01-98 TUE 10:33 THE SALVATION ARMY FAX NO, 6123384717 P, 07 PROJECT DESIGN The attached plans show a building with all fo the service spaces located on the first floor. This one alternative design and it is clear from these drawings that all of the necessary functions will fit into the proposed building. We are, however, exploring the possibility of putting all of the service space, with the exception of the childcare, on the 3"'floor,and making most, if not all of the units into 2 story units with both an interior entrance and direct access to the outdoor play space. We will be submitting revised plans as they are developed. SEP-01-98 TUE 10:33 THE SALVATION ARMY FAX NO. 6123384717 P, 08 __ . " ) / - 11 •• 1 A A 8 0 ° 13 E a lig a / **A g . lllltr} , 4:1 o. • 0 .. —.Cr - 3 . 4 iiii•MM• •• .9 Illtill mie . col Na VS' lo*IF - i ME ° i 004. .. a 51111 t i. ming z• 0°; 0 . _40) larillar • ' • 1•0Z1,54 'r e r . 14 s17:3 0 TIM -..•1 • vC11 -I SA • C c - m m m � s, m3 < a 1 I m� Cn � „ o j4m a• a ° io Il (D ) a < III o = , \ \I .�� � ms _ o n es o o v o 4 3 UODS� _' gE s ; 1 1 2 IS 2 _ sig �' q I — — c RI CI w I rill R g m 2 2 .. y .. _ _ r OCr U1 0o IUt 1U.44 1t1C. bE1LVHI1UN HKI1Y MX NU. b1Ci.t4f1 ! t' U..... y 7 ,,... ,„... ..-----.--„-., ,.. M. raw I e r G1 N N m m m 3 3 C. ra co c =. 1111101111 ri nil (.0 tc L]. 3 C s II r N , Go m C • -.4 C 1:1 -I -Ti CA \ 4iccc3mg ° ° g. o0 ° SD A t cis al. e s .- - — g g f itti g 6i9. > A° 3.1 v, z z a & az I � � o •• o3.- 1 s • 1 4 z v .. Q111 lullo.-s ; a -a 4 rn o • Item No. Staff Report No. Meeting Date: 9/8/98 Type of Business: WK WK: Work Session;PH:Public Hearing; CA:Consent Agenda; CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Rick Jopke, Community Development Director Item Title/Subject: Presentation by the Hoisington Koegler Group of Their Recommendations for a Highway 10 Design Theme Date of Report: September 3, 1998 Summary: The City has contracted with the consulting firm of Hoisington Koegler Group to study and make recommendations concerning the creation of a design theme for the Highway 10 corridor. Hoisington Koegler Group staff met earlier this year with a work group of Mounds View residents and business reresentatives to get input about what would be important in a design theme to reflect the character and identity of Mounds View. The work group also reviewed preliminary design theme alternatives. Input was also received from MnDOT and Ramsey County staff. Representatives from the Hoisington Koegler Group will be present at the September 8, 1998 work session to present and discuss with the City Council the details of a design theme they have come up with for the Highway 10 corridor. They also will have preliminary cost estimates. Future Actions: It is anticipated that the final design will be adopted as part of the City's comprehensive plan. The Hoisington Koegler Group will develop design standards for the corridor for City consideration which could be put in the City Code to insure that private development along the corridor occurs consistent with and helps implement the design theme. Recommendation: This matter is brought to the Council for informational purposes only. Rick Jopke, Co unity Development Director N:\DATA\USERS\RICKJO\SHARE\96981 DST.RPT Item No. g Staff Report No. Meeting Date: 9/8/98 Type of Business: WK WK: Work Session;PH:Public Hearing; CA: Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Rick Jopke, Community Development Director Item Title/Subject: Discussion Concerning Planning Commission Vacancy Date of Report: September 3, 1998 Summary: The City Council has previously requested that the Planning Commission review whether or not the number of citizens on the commission should be increased from 7 to nine as allowed by the City ordinance creating the Planning Commission. The council also asked the Planning Commission to interview interested candidates for the commission and to recommend a citizen or citizens to fill the current vacancy on the commission and additional members if necessary. The Planning Commission considered the issue of whether to increase the number of commissioners from 7 to 9 and would recommend that the membership remain at 7. The Commission felt that the additional members would The Planning Commission interviewed Gregory Johnson, Sean Walther, William Laube, and Richard Oman. A fifth candidate, Dana Mandoza, indicated that he no longer wanted to be considered for the commission. The Planning Commission has unanimously recommended that the City Council appoint Greg Johnson to fill the remainder of Marshall Johnston's term which will expire on December 31, 1999. The Commission felt that because Mr. Johnson is both a Mounds View resident and a Mounds View business owner that he would add a valuable business perspective to the Planning Commission. Recommendation: This matter is brought to the Council for informational purposes only. Staff will prepare a resolution for City Council action on September 14, 1998. Rick Jopke, Cbmmunity Development Director N:\DATA\USERS\RICKJO\SHARE\9698PCVA.RPT Item No. 9 Staff Report No. Meeting Date: 9/8/98 Type of Business: WK WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Rick Jopke, Community Development Director Item Title/Subject: Review of Development Agreement with Anthony Properties Management/Louise O'Neil for the Proposed Theater Development Date of Report: September 4, 1998 Summary: The City Council has reviewed a previous draft of the development agreement prepared by the City Attorney's office concerning the proposed theater development. The developer has returned a signed copy of an amended version of that agreement. City staff had some concerns with some of amendments which the developer made to the agreement and with some of the details of the design of the new street which the developer submitted. Further discussions with the developer have resulted in further changes to the development agreement and an extension of the time for the development agreement to be fully executed from August 13, 1998 to September 14, 1998. The major provisions of the current development agreement include the following: 1. The developer will construct at its sole expense the new public street through the site. This street will be constructed to city standards and dedicated as a public street when the property is platted in the near future. The City can withhold a certificate of occupancy to insure that the project is completed to its satisfaction. City staff has some concerns because the design of the street and how the drainage is handled is not consistent with current city standards and could led to maintenance and ice problems. In discussions with the developer's engineer it was determined that the design details in question were proposed in response to the Rice Creek Watershed District. Staff has discussed our concerns with Rice Creek Watershed District staff and they have indicated that if problems arise the City can approach the watershed district about changes and that there may be funding available from the watershed district to do the necessary corrections. In the meantime the City will do normal maintenance and snowplowing and the developer will be responsible for any additional plowing and maintenance which is necessary to maintain safe conditions on the site. 2. The City will be responsible for designing, state approval process, and the construction of the new signalized intersection. The City agrees to use its best faith efforts to complete the intersection in a timely manner. The developer has expressed concerns that the Theater may be complete before there is adequate access to the site and has asked that the City guarantee access to the site (such as access to County Road H2)when the theater is ready to open. Because of the uncertainty of the time needed to develop plans and getting them approved by the state and the uncertainty of when the frost will be out of the ground in the spring, it is likely that the City of Mounds View Staff Report September 4, 1998 Page 2 intersection at Highway 10 will not be completed when the theater is complete and ready to open. An alternative would be allow access to the site from County Road H2 before access to Highway 10 is completed. Staff would not support this alternative because of the additional impact this could have on adjacent residential areas. The current development agreement states that the connection to County Road H2 must remain closed until such time as the signalized access to Highway 10 is complete and fully operational. An alternative that staff could support would be to monitor construction progress and look at alternative temporary access to Highway 10 if the permanent access is not complete. 3. The City and developer will share the costs of constructing the new signalized intersection. The developer will be responsible for the costs of the turn lanes into their site and one forth of the signal costs. The total cost is estimated at$630,000. The developer's share of the total costs is estimated at$187,500 and the City's share would be $442,500. The City's share includes the costs of relocating Edgewood Drive on the north side of Highway 10 and any costs to make required changes to the City Hall parking lot. The development agreement requires that the developer post a bond, certified check, certificate of deposit, letter of credit or cash escrow in amount equal to 150% of the developer's share of the costs Oas a financial guarantee. 4.The City will inspect the installation of utilities and will be reimbursed for its costs of doing the inspections up to $1000. The developer is required to provide the necessary easements for the utilities in the plat that is being prepared. 5. The development agreement indicates that if there are any disputes, controversies, or claims arising out of the agreement that they shall be heard in state or federal courts of Minnesota. The City Attorney added this provision because Anthony Properties Management, Inc is an out of state corporation. Future Actions: This agreement will be brought to the City Council for formal approval at the September 14, 1998 meeting. Recommendation: This matter is brought to the Council for informational purposes only. Any changes which the Council would like considered should be brought to staff's attention. Rick Jopke, Community Development Director N:\DATA\USERS\RICKJO\SHARE\96981 THT.RPT DRAFT#3 DEVELOPERS AGREEMENT THIS AGREEMENT is made this day of . 1998 by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the "City"), and ANTHONY PROPERTIES MANAGEMENT. INC., a Texas corporation, and LOUISE O'NEIL, an individual (collectively the "Developer"). Recitals A. The Developer is the fee owner of certain real estate located in Ramsey County, Minnesota.legally described as The southwest 'A of the northwest 14 of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway No. 10-62, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota, and all that part of the northwest 'A of the northwest '4 of Section 8, Township 30, Range 23_ lying southwesterly of State Trunk Highway No. 10, according to the United States Government Survey thereof and situate in Ramsey County.Minnesota. (hereinafter referred to as the "Property"). B. The Developer shall constrict on the Property improvements consistent with the approved site plan dated May 11. 1998 and'approved by the City Council on May 11. 1998, which involves the construction of a 2160 seat 15 screen movie theater,three (3) 11,000 square foot office buildings,a 5,000 square foot restaurant and a 6.400 square foot retail/restaurant building. C. The Developer has requested that the City approve the issuance of building permits ("Permit")for this project. D. As a prerequisite to the approval of the Permit, the City Council requires the Developer to agree to the construction of certain public improvements pursuant to this Agreement for the orderly development of the Property. E. The Developer is required to construct and install at its sole expense certain street, grading, drainage, landscaping and other public improvements as required by City ordinance (the "Improvements"). Attreernent In consideration of each party's promises as set forth in this Agreement, it is mutually agreed as follows: SJR-149487 1 rava1as 188-d ll/ZO°d 918-1 OlE61EEZ19 N3AYa9 V A03NNEN-word wd1Z:Z0 86-E0-deS ARTICLE ONE REPRESENTATIONS AND WARRANTIES 1.01. City Representations and Warranties. The City makes the following representations as the basis for the undertakings on its part contained herein: A. The City is a municipal corporation under the laws of Minnesota. B. The City has the tight, power and authority to execute. deliver and perform its obligations undo this Agreement. The City assures the Developer that the individuals who execute this Agreement on behalf of the City are duly authorized to sign the same on behalf of the City and to bind the City thereto. 1.02. Developer Representations and Warranties. The Developer makes the following representations as the basis for the undertakings on its part contained herein: A. The Developer collectively consists of Anthony Properties Management, Inc., a Texas corporation,and Louise O'Neil,an individual. B. The Developer has the right,power and authority to execute,deliver and perform its obligations under this Agreement. The Developer assures the City that the individuals who execute this Agreement on behalf of the Developer are duly authorized to sign on behalf of the Developer and to bind the Developer thereto. C. The Developer is not in default under any lease,contract,or agreement to which it is a party or by which it is bound which would affect its performance under this Agreement. The Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order• judgment, or decree which would prohibit the execution or performance of this Agreement by the Developer or prohibit any of the transactions provided for in this Agreement. D. The Developer has complied with and will continue to comply with all applicable federal, state and local statutes,laws, ordinances and regulations including. without limitation, any permits, licenses and applicable zoning, environmental, or other laws, ordinances, or regulations affecting the Property or the Improvements. The Developer is not aware of any pending or threatened claim of any such violation. E. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending or threatened against or affecting the Developer or Property. The Developer is not in default with respect to any order, writ, injunction or decree of any federal, state,local or foreign court.department.agency or instrumentality. F. None of the representations and warranties made by the Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or on its behalf contains or will contain any untrue statement of material fact or omits any material fact, the omission of which would be misleading. O. The Developer has sufficient funds or has obtained a commitment for financing in SJR-149487 2 MU2naS 188-d ll/EO°d 9P8-1 OLE62EEZ19 N3AY89 *!i A43NN3N-wo1d wdZZ:ZO 96-EO-d35 an amount adequate to finance construction of the Improvements and has obtained a commitment from Catlike Cinemas, Inc. ("Tenant') in an amount adequate to finance construction of the Improvements. ARTICLE TWO CONSTRUCTION OP IMPROVEMENTS 2.01. Agreement to Construct Improvements. The Developer agrees to construct the Improvements, including the street, grading, drainage, landscaping and other public improvements required by City ordinance for development of the Property. The Improvements are more fully described in the plans and specifications approved by the City. which are entitled O'Neil property PUD Plan, prepared by Sunde Engineering. Artech Design Group, Inc. and Boartnan Kroos Pfister Vogel and Associates and are date-stamped May 11, 1998 (the "Plans"). A final copy of the Plans must be filed with the City prior to commencement of construction of the improvements. All labor and work performed by the Developer in connection with construction of the Improvements will be done and performed in the best and most worker-like manner and in strict conformance with the Plans. Any deviation from the Plans must be approved in writing by the City. Construction of the Improvements shall be completed no later than one year from the issuance of the Building Permits required herein. 2.02. Obtaining Permits. The Developer shall obtain in a timely manner and pay for all permits. licenses, and approvals required in connection with construction of the Improvements. The Developer shall meet in a timely mariner the requirements of all applicable local, state, and federal laws and regulations which must be met before the Improvements may be lawfully constructed. Specifically, prior to obtaining any building permits or grading permits as required under this Section 2.02 or otherwise,the Developer shall complete the following requirements: A. The City shall obtain permit approval from the Minnesota Department of Transportation (MNDOT) for the construction of deceleration/acceleration lanes onto Trunk Highway l0, the construction of two access drives to the property, and for any regrading within the MNDOT right-of-way. The City shall work with MNDOT concerning the construction of the relocation and realignment of Edgewood Drive, median and turn lane work on Highway 10, signal construction, and other improvements to provide access to the site as approved in the letter dated May 11, 1998. The City will use its best faith efforts to complete the intersection in a timely manner. B. The Developer shall enter into the Agreement with the City. Developer reserves the tight to approve plans and specs for construction of improvements provided for in Section 2.02A of this Agreement. Surety will need to be provided in an amount to be determined by the Director of Community Development for construction of the Highway 10 and Ramsey County right-of-way improvements unless either MNDOT or Ramsey County requires such surety as a part of their respective agency permits. This Agreement shall be executed prior to the issuance of building permits. C. The Developer shall obtain permit approval from the Rice Creek Watershed District for drainage or ponding. SJR.t 6. 487 3 Mcrzta.8 188-i 11/PO d 5P8-1. 01E82EE219 N3AVan V AO3NN3)I-woJi wd8Z:Z0 88-E0-dRS D. The Developer shall dedicate a separate cross access and parking easement document which allows joint use of the access points,internal drive,drive aisles and parking by theater, office buildings, and the retail/restaurant sites. The cross access and parking casement documents shall be approved by the City Attorney as to form. E. The Developer shall obtain approvals from Ramsey County for the final grading and drainage plans, final plat, access and construction on County right-of-way, and a utility permit for construction within the County right-of-way. F. The developer shall obtain a general stormwater permit from the Minnesota Pollution Control Agency. G. The Developer shall record with Ramsey County the necessary design theme easement over and across the subject property as shown on the Plans and provide proof of such recordation before the Mayor and City Administrator affix their respective signatures to the approved Final Plat. H. The Developer shall record with Ramsey County the drainage and utility easements over and across the subject property and provide proof of such recordation to the City before the Mayor and City Administrator affix their respective signatures to the approved Final Plat. 2.03. Staking Survevit g, and Inspections. The Developer must provide for all staking, surveying and inspections for the Improvements in order to ensure that the completed Improvements conform to the Plans. The Developer shall contract for a full-time, on-site inspector of the City's choosing during and for the duration of all public utility installation and shall be responsible for the costs of such inspection services in an amount not to exceed $1,000. The City will provide for general inspection. The Developer shall notify the City in advance of all tests to be performed regarding the Improvements. 2.04. Time for Developer's. Performance: General Provision. The Developer agrees that it will commence work on the Improvements no later than thirty(30)days after the date of building permit issuance and shall complete the Improvements no later than twelve (12) months after the date of building permit issuance. In the event of a "phased" construction schedule, each phase shall be subject to its own timeline based upon the date of issuance of the building permit. The City may at its discretion extend the dates specified in this Section 2.04 upon receipt of written notice from the Developer of the existence of causes which will delay the completion of the Improvements if such causes ate ones over which the Developer has no control and which could not have been reasonably foreseen by the Developer. If an extension of the date of completion of the Improvements is granted by the City,the Developer must continue the performance bond required by this Agreement to cover the work during the extension of time. 2.05. Additional Work or Materials. Construction of the Improvements shall be done by the Developer. The Improvements shall be constructed at no expense to the City. The Developer shall not do any work or furnish any materials for which reimbursement is expected from the City,unless such work is first ordered and reimbursement is approved by the City. Any work or materials SAR-14'087 4 Mt12117-8 188-J ll/SO'd Spa-1 OIE62EEd18 NEAUa9 V d03NN3N-wcui wd82:20 86-EO-dRS which is done or furnished by the Developer without prior written order is furnished at the Developer's risk, cost and expense. and the Developer agrees that it will make no claim for compensation for work or materials so done or furnished. 2.06. Financial Guarantee. Prior to commencement of construction of the Improvements, the Developer agrees to furnish the City a performance bond, certified cher ce ca a of.a it rN credit or cash escrow in the amo 509. of t#�e� 't s esti co�olP irrevocable letter of reds ,v,� the Improvements (the "Financial Guarantee").The City's es ' cost or the Improvements is $187 ?s Upon tire of Deve oiler ioPrform, the City may declare the Developer to be in 0Y):() default under this Agreement and,upon failure of the Developer to cure the default within 30 days cur of written notice,may demand the Financial Guarantee be paid over to the City. From the proceeds of the Financial Guarantee, the City shall be reimbursed for any attorneys fees. engineering fees or other technical,administrative or professional assistance,and the remainder thereof shall be used by the City to complete the Improvements. The Developer shall be liable to the City in the event that the Financial Guarantee is inadequate to reimburse the City for its costs and pay for the completion of the Improvements. 2.07. Insurance. The Developer or General Contractor shall furnish proof of insurance in an amount of at least $1,000.000, acceptable to the City, covering any public liability or property damage by reason of the operation of the Developer's or Developer's General Contractor equipment or laborers in connection with the Improvements. Developer agrees to requite the General Contractor to keep the insurance in force at all times during construction of the Improvements and until acceptance thereof by the City. The insurance must name the City as an additional insured and must provide that the insurer will give the City not less than 30 days° written notice prior to cancellation or termination of the insurance policy. 2.08. Unsatisfactory Labor or Material. After the City's review of the plans and specifications for the Improvements, and prior to construction, in the event that the City rejects as defective or unsuitable any material or labor supplied by the Developer regarding the Improvements, the rejected material must be removed and replaced with approved material and the rejected labor must be done again to the specifications and approval of the City and at the sole cost and expense of the Developer. 2.09. Final Tnseection/Accetatance. Upon completion of the Improvements, representatives of the City and the Developer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City must be satisfied that all work is satisfactorily completed in accordance with the Plans, and the Developer's engineer shall submit a written statement attesting to the same. The City shall have no obligation to accept the Improvements if they are not consistent with the Plans or not in compliance with aCity yo�by a resolution aeces and standards thereto.. related Final approval and acceptance of the Improvements by the city council of the City. 2.10. Warrantt ori Property Work and Materials_ The Developer warrants all work required to be performed by it under this Agreement reg aftng the completion and accepvemeets tance by t the Cityve . except al and faulty workership for a period of one (1) yearp that the warranty period for the street,drainage, and erosion control portions of the Improvements shall be for two (2)years after completion and acceptance by the City. All trees, grass,sod or other SJR-10487 5 simians leg—J 11/90°d 0'8-1 OtE62EEZt9 NEMD V A43NN3H-wcui wd8Z:ZO 88—E0—daS landscaping installed in connection with the Improvements are warranted to be alive, of good quality, and disease free for one year after planting. Any replacements of same shall be similarly warranted for one year from the time of planting. The Developer shall be solely responsible for all costs of performing repair and replacement work required by the City and shall perform such work within thirty(30)days of receiving demand for such work from the City,weather permitting. 2.11. Records and Plans. Upon completion of the Improvements, the Developer shall provide the City with a full set of mylar as-built plans for the City's records. 2.12. Maintenance Bond. Upon completion of the Improvements and prior to acceptance thereof by the City, the Developer shall furnish the City a copy of the General Contractor's one-year maintenance bond guaranteeing the Improvements. t, the its 2.13. Indemnification. Notwithstanding anything responsible itrary in this nn amnynmarmer to,the officers, agents, and employees shall � notbe personally liable 1eveloper,the Developer's contractor or subcontractors,material suppliers, laborers,or to any other person or persons for any claim, demand, damage, action, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. The Developer agrees to save the City, its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to. attorney's fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on liability set forth in Minnesota Statutes,Chapter 466. 2.14. Compliance with Existing Laws. The Developer will require the General Contractor and architect to perform all work pursuant to this Agreement in compliance with existing laws, ordinances,pertinent regulations,standards,and specifications. ARTICLE THEE ADDITIONAL PROVISIONS 3.01. Maintenance. The Developer or owner shall pay or be responsible for any snow removal in the boulevard or from Edgewood Drive right-of-way which hinders the drainage of the street. 3.02. Attorney Pees. The Developer agrees to pay the City's costs and expenses,including attorney fees, in the event a suit or action is brought by the City against the Developer to enforce the terms of this Agreement, and the City is the prevailing party in the suit or action brought by the City against the Developer. The City agrees to pay the Developer's costs and expenses. including attorney fees. in the event a suit or action is brought by the Developer against the City to enforce the terms of this Agreement and the Developer is the prevailing party in the suit or action brought by the Developer against the City. 3.03. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. 3.04. Assignment. The Developer may not assign any of its obligations under this Agreement m44947 6 NOI/10-8 188-d ll/20'd 9P8-1 01E61EEt19 N3AV219 V Aa3NN3N-woad wd62:Z0 86-Ea-des without the prior written consent of the City. 3.05. Agreement to Rutz with Land. This Agreement shall be recorded among the land records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Developer and its assigns or successors in interest. Notwithstanding the for- egoing,no conveyance of the Propertym�e��thereof pressly so releases relieve the ether of its liability Developer in for full performance of this Agree writing. 3.06. Reriresentatives NotJndividua ly Liable. No officer, agent or employee of the City shall be personally liable to the Developer, or any successor in interest,m the event of any default or breach by the City on any obligation or term of this Agreement. 3.07. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,postage prepaid,return receipt requested,or delivered personally: (a) as to the Developer: Anthony Properties Management,Inc. 12770 Coit Road,Ste. 1170 Dallas,TX 75251 Attn: R.Jay Anthony Ms.Louise O'Neil clo Joe Beaton 3109 Hennepin Avenue South Minneapolis,MN 55408 with a copy to: Carmike Cinemas,Inc. 1301 First Avenue Columbus.GA 31901 Attn: J.Kevin Flynn Novakov,Davidson&Flynn 2000 St.Paul Place 750 St.Paul Dallas,TX 75201 SIR-14907 7 Muzsa-a 188-d 11/8O'd St8-1 OLE82E£Zt9 WAY ! A03N0-wo'd wdOE:Zo BE-EO-deS (b) as to the City: City of Mounds View 2401 Highway 10 Mounds view,MN 55112-1499 Attn: City Administrator with a copy to: Scott J.Riggs KENNEDY&GRAVEN,CHARTERED 470 Pillsbury Center 200 S. Sixth Street Minneapolis,MN 55402 or at such other address with respect to either such party as that party may. from time to time, designate in writing and forward to the other as provided in this section 3.07. 3.08. Park Dedication Fees. The Developer agrees to comply with any park dedication requirements. including payments in lieu, which may be required by the City's subdivision regulations. 3.09. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary. principal and agent. limited or general partner.or joint venture between the City and the Developer. 3.10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 3.11. Access to County Road H2. All vehicular access to County H2 shall be barricaded until such time as the directional signals are in place and fully operational at the new intersection of Edgewood Drive and Highway 10. 3.12. Choice of Law and venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota- Any disputes. controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts. whether based on convenience or otherwise. SM-1/19A87 8 MU210-s 188—d 11/60'd 5178—i OlE61EE219 N3AVa9 ±f 403NN3N-word wdlE:ZO 86-E0-dos IlN WITNESS OF THE ABOVE the parties have caused this Agreement to be executed on the date and year written above. CITY OF MOUNDS VIEW By Mayor By City Clerk ANTHONY PROPERTIES MANAGEMENT,INC. By Title LOUISE O'NEIL STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 199! by Duane McCarty and Charles S. Whiting, the mayor and city administrator, respectively, of the City of Mounds View, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 5JRa1190,7 9 Mu210-8 les—d Word 9t8-1 OlE62EEZ19 N3045 7 AO3NN3N—word WdlE:ZO 88—Eo—des STATE OF TEXAS ) )SS. COUNTY OF DALLAS ) The foregoing instrument was acknowledged before me this _ day of 199__by R. Jay Anthony, the President of Anthony Properties Management, Inc., a Texas corporation.on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 199_by Louise O'Neil. Notary Public This document drafted by: KENNEDY&GRAVEN,CHARTERED 470 Pillsbury Center Minneapolis,MN 55402 (612)337-9300 siR-149487 10 MU210-a lee-d ll/ll'd 9178-1 OlEOREZl9 N3AVa9 I A03NN3N-woad wdlE:ZO 88-EO-des W 0 0 0 0 0 0 0 0 Q00000000 < 00000000 1 0 C C EA- EA-Ef}EF} 0 W 01 Cq OD CO LUte -- 67, t EL te- O LU _13LU W 0 W o 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 < 0 0 0 0 0 0 0 0 = 1of) te te00000 >- a) T- � d' NNr 1_- E!f ER EANi- - U 1- 00000000 Co 0 0 0 0 0 0 0 0 000000000 088888000 -1o0- L6ilSo0oo co - NOD F- F- X - EF} rtate- 0 0 ER ER tete EF} F- 0 LU F- F- 2 Z H W co W W 0 a O Z th O Z F- 2 U F- W p CO 0 W W O W LL U 0 Z ^QWZcQQ 0 �F0 _O WWW --- DU OU -J ~ Q F- W 0 I W W (q -IO J Fuu LU- W 0 HWzce ] Z CD = Q = J cc w w Z ~ Z O O Q c) W �- Wp0CL Y CS 0 � ZZCOO - o `—' ..310Za O LL Z I— W UJ < a cc OOO > W o OLUO01= Q s' CD F- f- EL 2 UJ W U O CD W Nor) d' U, CID I` F- W I ONLY Management Meeting Minutes Wednesday,August 26, 1998 - 10:00 I. Department Reports Mike Ulrich reported that furniture for the Community Center was approved and that Ebert Construction will be renovating City Hall. Mike stated that there are concerns on the road design going through the theater project. The completion of the streets will be running past the original deadline. The theater project has been delayed to May. Anthony Properties is concerned about the theater being open before the signalization is complete. Cari Schmidt reported that two people have filed for City Council positions. Cari stated that she will conduct election judge training tonight and possibly Thursday night next week. The City's organizational staffing chart has been approved, but there are questions in regards to the Hay Study points. The City of Roseville will be hosting an ICMA Performance Measurement Consortium project meeting Tuesday, October 13. All department heads or a representative from each department should attend. John Hammerschmidt reported that the Bridges will be hosting the Bud Grant Perham Tournament on Sunday,August 30. John stated that he will schedule a meeting with the Golf Course Committee to go over the budget. Three of the employees have been trained on the defibulator. Police Chief Ramacher reported that the Police Department has new signage on the glass reception window. The Chief stated that it will be convenient having the Holiday Station open 24 hours and that the car wash is manned. The radar trailer will be posted by schools for the next few weeks. Bruce Kessel reported that the individual city credit cards have been distributed. Bruce asked that all purchase receipts are passed on to Marge and that any questions regarding the dollar limit of the cards he will take care of. Bruce stated that Jim Hess is putting the new accounting system on computers so individuals can look at their accounts. Mary Saarion reported that there will be a public hearing on Woodcrest in September.Jennifer Olson has captured a new position in sports medicine and will be moving on to Chicago. An ad for her position has been placed. September 23-27 Mary will be at a National Conference in Florida.Mary stated that the seasonal employees are returning to school. There is now an add in the white pages for the Community Center. Tracy Sanchez reported that the special ed students from last year will be returning to help out two hours in the afternoon each day. Tracy will be coordinating work schedules on a daily basis.Make sure to plan ahead and let her know. The proposals for the upgrades to the telephone system are currently under way to make sure the City is Y2K (year 2000)compliant. Rick Jopke reported that there are continued discussions on the Mermaid project. City Council has approved the rental agreement on the property along with a time table.Rick reported that Steve Dorgan is meeting with representatives for a home improvement fair for February of 1999. Rick stated that he was approached by the Salvation Army wanting two lots that they want the city to acquire from the county and place a 6-8 unit housing project. Rick has asked that they put this in writing and he will bring it to a council meeting. The Planning Commission has interviewed four of five applicants to serve on the commission, but no action has been taken as this time. Respectfully submitted, c7'L9i' MIS Committee Meeting August 19, 1998, 1:30pm Attendance: Jim Ericson, Jim Hess, Tracy Juell, Bruce Kessel Absent: Bob Nelson, Chuck Whiting Jim Hess updated the committee on the e-mail package (Outlook 98). This package would operate the internal and internet mail capabilities. Terre Hiser, City of Roseville, will be assisting Jim with this project the week of August 22. Jim reported that 19 employees are now hooked up the internet,he has another 7 more machines to go. AUS is working on the wiring upgrade at City Hall and Community Center. Many people have Netscape and Internet Explorer (Internet access programs) installed on their computers. To keep everyone uniformed, should only one program be allowed on the computers? The committee decided to keep the Internet Explorer and if the operator is having problems with that program, ie can't access certain sites, then he or she should talk to a committee member about having Netscape reloaded on their computer. Jim Hess will be talking to Terre Hiser, City of Roseville,regarding the capability of the cabling system and could Barb and Tracy J. utilize it at home when on maternity leave. Meeting was adjourned 2:15pm. Submitted by: U . or/ INFORMATION ONLY