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The City Council is provided background information for agenda items in advance by staff and appointed
commissions, committees and boards. Decisions are based on this information, as well as City policy and practices,
input from constituents and a Councilmember's personal judgement Ifyou have comments, questions or information
regarding an item on the agenda,please step forward to be recognized by the Mayor during the "Residents Requests
and Comments From the Floor"item on the agenda. Please state your name and address for the record. All
comments are appreciated. A copy of all printed materials relating to the agenda item is available for public
inspection at the Recording Secretary's Table.
1. CALL TO ORDER
• 2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
McCarty
Stigney Koopmeiners Trude Quick
4. Agenda Additions
Item 1:
Item 2:
Item 3:
5. APPROVAL OF MINUTES:
January 27, 1997 - City Council Meeting
COUNCIL ACTION: A T D
Comments:
•
AGENDA
FEBRUARY 10, 1997
PAGE 2 •
6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES:
Planning Commission Minutes: November 20, 1996, December 4, 1996 and December 18,
1996.
COUNCIL ACTION: A T D
Comments:
7. SPECIAL ORDER OF BUSINESS:
8. CONSENT AGENDA
A. Set a Public Hearing for 7:20 PM Monday,February 24, 1997 to Consider
Ordinance No. 594, An Ordinance amending Chapter 606, 607 and 1005 of the
Mounds View Municipal Code related to the requirement to mow tall grasses and
creating an exemption for wetland and native vegetation; Planning Case No. SP- •
0112-97
B. Set a Public Hearing for 7:25 PM Monday, February 24, 1997 to Consider
Ordinance No. 595, An Ordinance adding day care centers and group nurseries as
a conditional use in the B-1, B-2,B-3, and I-1 zoning districts;Planning Case No.
SP-013-97
C. Consideration of Resolution No. 5085 approving a joint powers agreement with
the Ramsey County GIS Users Group
D. Adopt Resolution No. 5086 Approving Just and Correct Claims Against City
Funds
E. Adopt Resolution No. 5084 Approving the 1997 Labor Agreement Contract with
Public Works and Parks Maintenance Bargaining Unit
F. Approval of Award of Bid for Well Head Maintenance
G. Approval for Hiring of Mechanic Position
H. Resolution No. 5087, Approving Retainer for Legal Fees •
AGENDA
FEBRUARY 10, 1997
PAGE 3
I. Appointment of Planning Commission Chairperson
J. LICENSES FOR APPROVAL:
HVAC -Expires June 30, 1997
Gemmill Heating and A/C Inc. -New
SIGNS
Elements Inc. -New
COUNCIL ACTION: A T D
Comments:
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
Citizens'comments are encouraged to allow individual citizens to address the Council,as a whole,on a
matter of interest or concern to the citizens. The preservation of the Citizens'Comments item on the agenda
is important in order to encourage and maintain this information flow. To preserve and protect this
1111 valuable communications link a speaker is limited to three(3)minutes.
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL
NAME AND ADDRESS FOR THE MINUTES
10. PUBLIC HEARINGS:
11 . COUNCIL BUSINESS:
A. Status Report on Pedestrian Bridge over Highway 10
COUNCIL ACTION: A T D
Comments:
B. Introduction of Ordinance No. 588, An Ordinance Amending Chapter 1124 of the
Mounds View Zoning Code Relating to the Location and Design of Wireless
Communication Facilities within the City of Mounds View. Planning Case No.
SP-001-96. Staff Report No. (Staff Presenter:Jim Ericson, Planning Associate)
ROLL CALL VOTE
Mayor McCarty
Councilmember Trude
AGENDA
FEBRUARY 10, 1997
PAGE 4 •
Councilmember Koopmeiners
Councilmember Stigney
Councilmember Quick
COUNCIL ACTION: A T D
Comments:
C. Request for Council Workshop Regarding the Bel Rae for February 13, 1997
(Staff Presenter: Chuck Whiting, Clerk Administrator)
COUNCIL ACTION: A T D
Comments:
D. Setting of Public Hearing for Tax Increment Financing District-Date to be
determined (Staff Presenter: Chuck Whiting, Clerk Administrator)
COUNCIL ACTION: A T D
411)
Comments:
E. Consideration of Resolution No. 5088 Authorizing the Filing of an Application
Under the Minnesota Cities Participation Program to Fund a Loan Program for
First Time Home Buyers with the Mortgage Including Rehabilitation Funds (Staff
Presenter:Jennifer Bergman)
COUNCIL ACTION: A T D
Comments:
12. REPORTS:
1. Report of Councilmembers:
Trude:
Koopmeiners:
Stigney: •
Quick:
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Page 1
III January 13, 1997
Mounds View City Council
s
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY,MINNESOTA
Regular Meeting
January 13, 1997
Mounds View City Hall
2401 Hwy. 10,Mounds View,MN 55112
**********************************************************************************
CALL TO ORDER
The Mounds View City Council was called to order by Mayor McCarty at 7:00 p.m.on January 13, 1997.
II
PLEDGE OF ALLEGIANCE
ROLL CALI.
MEMBERS PRESENT: Mayor McCarty,Council members Trude,
Quick,Stigney and Koopmeiners
ALSO PRESENT: Chuck Whiting,Clerk Administrator
Bruce Kessel,Finance Director
Pam Sheldon, Community Development Director
Jim Erickson,Planning Associate
Cathy Bennett, EDA Executive Director
Bob Long,City Attorney
ADDITIONS TO THE AGENDA:
Mr.Whiting asked that one change be made. The discussion of the Bel Rae Project was put on the EDA
Agenda and should rather be on the Council Agenda,under Report of Administrator.
Mayor McCarty stated he would like to take care of the Special Order of Business prior to the Approval of the
Minutes.
SPECIAL ORDER OF BUSINESS:
Mayor McCarty read Resolution No.5072,Resolution of Commendation to Sharie Linke,Parks,Recreation&
Forestry Administrative Assistant,honoring Ms.Linke's 15 years of service to the City of Mounds View. He,
Son behalf of himself and the council/staff/residents presented a plaque to Ms.Linke in appreciation for her
dedicated service.
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January 13, 1997111
Mounds View City Council
Ms.Linke took this opportunity to thank the council and staff for the opportunity to work for the city,
expressing her pride in all of the things that have been accomplished in Mounds View.
APPROVAL OF MINUTES:
December 9,1996-City Council Meeting:
Mayor McCarty noted a correction of a typographical error on line 34.
VOTE: 5 ayes 0 nays Motion Carried
December 16,1996-City Council Meeting:
Mayor McCarty noted the following corrections: Page 5,Line 7 should identify Hankner as voting Nay,
and Page 5,Line 46,should identify Trude as voting Nay.
Ms. Trude noted that Page 2,Line 3,should identify Darrell Meyer as being from the Mounds View Police
Department,but Melissa Strossberg-Peltz and Gus Wehmeyer should be identified as being from the State
Highway Patrol Department.
Mayor McCarty noted that Page 2,Line 24 should be changed to.. .Amending Chapter 1124. .. 110
VOTE ON APPROVAL OF MINUTES(as corrected):
5 ayes 0 nays Motion Carried
January 6,1997-Annual Meeting:
Ms.Trude noted a correction on page 1,Line 13. It should be changed from 7:00 p.m.to 6:10 p.m.
VOTE ON APPROVAL OF MINUTES(as corrected):
5 ayes 0 nays Motion Carried
ACCEPTANCE OF ADVISORY COMMISSION MINUTES:
October 2,1996-Planning Commission:
MOTION/SECOND: Trude/Quick to accept the Advisory Commission Minutes for the Planning Commission
meeting held on October 2, 1996.
VOTE: 5 ayes 0 nays Motion Carried
CONSENT AGENDA:
Mr.Whiting read the Consent Agenda as follows:
A. Adopt Resolution No. 5074,Approving a StepAdjustment for Diane Clyne,Receptionist 0
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111/ January 13, 1997
Mounds View City Council
B. Adopt Resolution No.5075,Approving a Step Adjustment for Pamela Sheldon,Community Development
Director.
C. Adopt Resolution No. 5073,Approving Just and Correct Claims Against City Funds.
D. Requesting Council's award of Bid to Precision Tree Service,Inc.for boulevard tree trimming.
E. LICENSES FOR APPROVAL:
Auto Sales-Expires 12/31/97:
Saturn of St.Paul-Mounds View
Garbage and Rubbish-Expires 6/30/97:
A W Disposal-New
Cigarettes and Tobacco-Expires 12/31/97:
Tom Thumb-Renewal
Oasis Market-Renewal
Gasoline-Expires 12/31/97:
11110 Oasis Market-Renewal
HVAC-Expires 6/30/97:
Allied Fireside,dba Fireside Corener/Twin City Fireplace-New
Roseville Heating and Plumbing,Inc.-Renewal
MOTION/SECOND: Quick/Trude to approve the Consent Agenda as presented.
VOTE: 5 ayes 0 nays Motion Carried
RESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR:
Mayor McCarty explained that this portion of the meeting was designated for anyone who wished to speak to
the Council on items that were not on the Agenda.
Bill Werner,2765 Sherwood Road,asked if there would be a Public Hearing on the new Water Rates.
Mayor McCarty stated,yes there would be.
PUBLIC HEARINGS:
Public Hearing and Introduction of Ordinance No.588,an Ordinance Amending Chapter 1124 of the
Mounds View Zoning Code Relating to the Location and Design of Wireless Telecommunication
Facilities within the City of Mounds View.
111 Mayor closed the City Council Meeting and opened the Public Hearing at 7:20 p.m.
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Mounds View City Council
Jim Erickson,Planning Associate,explained that this ordinance would amend Chapter 1124 of the Mounds
View Zoning Code and will specify which districts and what height towers and antennas would be allowed
either by right or by Conditional Use Permit. It addresses co-location requirements,identifies the screening
and other requirements for the tower and accessory buildings,establish equal requirements for Conditional Use
Permits and Building Permits,and specify requirements for non-conforming towers.
Mr.Erickson noted that this ordinance was recommended for approval at the December 18th Planning
Commission meeting. He proceeded to summarize the ordinance.
Questions were asked as to the where one could expect to see these types of antennas,what one could expect
them to look like,etc. Ms. Sheldon,Community Development Director provided information as to the
aesthetics of these types of antennas/towers.
Ms. Trude asked if these antennas could be installed on top of billboards.
Mr.Erickson stated this would not be a permitted use,and agreed to add language to the ordinance regarding
such.
Mr. Stigney asked whose option it is to determine whether a separate tower is constructed or an existing tower
is used.
Mr.Erickson stated the ordinance would require the applicant to go through a process that would eliminate the 11111
possibility of existing towers for co-location.
Additional questions were addressed such as how far out the antennas could project from the top of an utility
pole, if these antennas could affect television antennas in residential properties,how it could affect HAM
Radio transmissions,whether the style of the antenna would be dictated by the city,etc.
Mr.Matt Danielson,of SBA,Inc.and representing Sprint/PCS, Mr.Peter Coyle of Larkin,Hoffilan,Daly&
Lingren and representing APT,and Jay Littlejohn of Hessian,McKasy&Soderberg,representing AT&T
were present and offered answers to various questions. They also offered concerns in regard to various
requirements of the ordinance(maximum tower/antenna height,whether co-location accessory equipment is
acceptable,etc.).
Mr.Bob Long,City Attorney,stated if the council wishes to set the maximum height lower than what one
company needs,the city could consider a variance for it. However,he does feel this issue warrants some
further consideration.
Mayor McCarty feels it would be advantageous to the city to have some professional design criteria to set the
height limitation.
Ms. Sheldon noted that the height often is determined from the area they are trying to serve and the terrain that
is within that cell. Therefore,perhaps the city may want to require a study to be completed prior to the time of
application,showing the minimum height needed.
Mayor McCarty closed the Public Hearing at 8:40 p.m.and re-opened the Council Meeting to consider Item
11(A).
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January 13, 1997
Mounds View City Council
COUNCIL BUSINESS:
A. Introduction of Ordinance No.588,An Ordinance Amending Chapter 1124 of the Mounds View
Zoning Code Relating to the Location and Design of Wireless Communication Facilities within the City
of Mounds View.
MOTION/SECOND: Stigney/Koopmeiners to postpone the Introduction of Ordinance No.588 until an
unspecified date/time to allow time to re-evaluate the ordinance and make changes as necessary.
VOTE: 5 ayes 0 nays Motion Carried
Mayor McCarty closed the Regular Council Meeting at 8:41 p.m.
PUBLIC HEARINGS:
Public Hearing to Consider Ordinance No.593,An Ordinance Authorizing the City Council of the
City of Mounds View to Set Water Rates and Surcharges,effective January 1,1997.
Mayor McCarty opened the Public Hearing at 8:41 p.m.
111 Mr.Bruce Kessel,Finance Director,noted that Ordinance No.593 increases the water rates$.05,effective
with the January 1997 billing. The first reading of this ordinance was conducted on December 16, 1996.
David Jahnke,8428 Eastwood Road,stated he understood that the new water meters would save residents
money and perhaps warrant a decrease in rates. Now he sees the rates climbing after the city spent nearly one
million dollars.
Mr.Kessel,stated it is his understanding that the increased accuracy in the new meters along with the
surcharge would pay for the meter conversion. The surcharges are expected to remain in effect for
approximately five or six years.
Mr.Jahnke stated he is upset that every time there is any extra revenue,the city uses it for something. It never
ends up reducing costs to the residents. He hopes the new council members will take a close look at this.
Mayor McCarty explained that the$.05 increase is geared toward maintaining a viable operation in the water
department aside from the new water meters,and will ensure that the city's ongoing operations will remain in
the black and not bring a deficit next year. After the six year surcharge period when the system is presumably
paid for,the council will need to make a decision at that time whether or not it will be continued and used as an
ongoing revenue source,whether it will take some other form,or whether there will be a reduction in
operations.
Mr.Jahnke stated he understands,however if the city had not spent all of that money on the water meters,he
does not feel the residents would be faced with the raise in rates.
A discussion ensued about the various improvements that have been done on the water towers,filtration
systems,wells,etc.
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January 13, 1997ill
Mounds View City Council
Mr.Bill Werner,2765 Sherwood Road,stated he feels more information needs to be made available to
residents about proposed increases so that residents can assess whether or not the accounting system is being
handled properly. He feels the accounting and reporting system to the public must be improved greatly.
Mr.Kessel explained that this type of financial information is available to residents annually in approximately
April of each year after the audit report is completed.
Ms.Trude strongly recommended that residents take time to come in to the city offices and review the audited
report.
Mayor McCarty stated he has reviewed information,and he would suggest to the council that the city go back
and have a current study completed on the water system. Many of the recommendations made in the last study
were not completed and a new study would give the city a better overview of the system. He further stated that
he would,however be voting in favor of the$.05 increase.
Ruth White,2917 County Road I,asked how long the$.05 increase will be in effect.
Mr.Kessel stated the auditor recommended that the city call for a 6%increase through the year 2000.
The city wants to further look at this recommendation to see if it is indeed necessary.
Ms.Trude noted that the city experiences a lot of electrical charges at the filtration plant. Therefore,labor and0
electricity are the big factors in the expenses for the water department.
With no further questions,Mayor McCarty closed the Public Hearing at 9:05 p.m. and re-opened the Regular
Council Meeting to consider Item 11(B)at this time.
COUNCIL BUSINESS:
B. Consideration of Ordinance No.593,An Ordinance Authorizing the City Council of the City of
Mounds View to Set Water Rates and Surcharges effective January 1,1997.
MOTION/SECOND: Quick/Trude to Approve Ordinance No.593,An Ordinance Authorizing the City
Council of the City of Mounds View to Set Water Rates and Surcharges effective January 1, 1997.
ROLL CALL VOTE:
Mayor McCarty yes
Council member Trude yes
Council member Koopmeiners yes
Council member Stigney yes
Council member Quick yes
Motion Carried(5-0)
PUBLIC HEARINGS:
Public Hearing to Consider the Issuance of a Non-Intoxicating Liquor License to the Bridges Golf1111
Course,8290 Coral Sea Street.
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January 13, 1997
Mounds View City Council
Mayor McCarty opened the Public Hearing at 9:06 p.m.
Mr.Whiting explained that Attorney Bob Long has noted that some language changes have been made
to the State Statutes in regard to the term"non-intoxicating",and he would suggest that this public hearing be
extended to the next council meeting.
MOTION/SECOND: Stigney/Koopmeiners to extend the Public Hearing to the next Council meeting.
VOTE: 5 ayes 0 nays Motion Carried
Mayor McCarty closed the Public Hearing until the next scheduled City Council meeting.
Mayor McCarty opened the Regular Council Meeting at 9:09 p.m.
COUNCIL BUSINESS:
C. Consideration of Resolution No.5049,Approving a Minor Subdivision Request for 7532 and 7540
Silver Lake Road.
Mr.Erickson,Planning Associate,explained that this was an application for a minor subdivision. This would
allow for the transfer of a 12.5 foot strip of land from 7532 Silver Lake Road to 7540 Silver Lake Road. This
would complete a transaction that has been agreed upon by the property owners. Staff has obtained the signed
drainage and utility easements as required and recommends approval of the subdivision request.
MOTION/SECOND: Koopmeiners/Quick to approve Resolution No.5049,Approving a Minor Subdivision
Request for 7532 and 7540 Silver Lake Road.
VOTE: 5 ayes 0 nays Motion Carried
D. Consideration of Request to Fill the Vacant Position of Recreation Program Supervisor.
Mayor McCarty asked that this item be postponed until the Council has considered Item I.
E. Consideration of Resolution No.5069,Appointing City Council members and Clerk Administrator
as Representatives for City Commissions and Other Organizations.
The following changes were recommended for Resolution No. 5069:
Planning Commission:
• Roger Koopmeiners(Liaison)
Roger Stigney(Alternate) '
Parks and Recreation Commission:
Roger Stigney(Liaison)
Roger Koopmeiners(Alternate)
Ramsey County League of Local Government:
Julie Trude(Liaison)
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Mounds View City Council
Chuck Whiting,Clerk-Administrator(Alternate)
Associate of Metropolitan Municipalities:
Julie Trude(Liaison)
Chuck Whiting,Clerk-Administrator(Alternate)
New Brighton/Mounds View Chamber of Commerce(rather than Mounds View Bus.Assoc.):
Duane McCarty(Liaison)
Cathy Bennett(Alternate)
Northwest Youth and Family Services:
Julie Trude(Liaison)
Mary Saarion(Alternate)
League of Minnesota Cities:
Chuck Whiting,Clerk-Administrator(Liaison)
National League of Cities:
Chuck Whiting,Clerk-Administrator(Liaison)
Cable Committee(rather than Commission):
Roger Stigney(Liaison)
MOTION/SECOND: Quick/Trude to approve Resolution No.5069,Appointing City Council Members and
Clerk Administrator as Representatives for City Commissions and Other Organizations,AS AMENDED.
VOTE: 5 ayes 0 nays Motion Carried
F. Consideration of Resolution No.5070,Appointing Official Newspaper,Acting Mayor,Deputy Clerk
and Official Depository for 1997.
Council member Quick nominated Roger Koopmeiners to be Acting Mayor. There were no other
nominations.
MOTION/SECOND: Quick/Stigney to Approve Resolution No.5070,Appointing Official Newspaper,
Acting Mayor,Deputy Clerk and Official Depository.
Ms.Trude asked if Western Bank continues to remain the city's primary depository.
Mr.Kessel stated yes,Western Bank is the city's primary depository.
Mr.Whiting stated he has also received comments from residents in regard to the city's depositories and feels
perhaps at a future work session the council should discuss the city's investment policies,where the funds are
and that depository's relationship to Western Bank,etc.
VOTE: 5 ayes 0 nays Motion Carried •
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January 13, 1997
Mounds View City Council
G. Adopt Resolution No.5066,Re-appointing Commission members for Three Year Terms,Expiring
December 31,1999.
Mayor McCarty noted the commission members whose terms were expiring,noting that Resolution No.5066
would re-appoint these commission members for three year terms,expiring on December 31, 1999.
He took this opportunity to thank them for their service on the commissions,extending to them his deep
appreciation.
MOTION/SECOND: Koopmeiners/Trude to Approve Resolution No.5066,Re-appointing Commission
members for Three Year Terms,Expiring December 31, 1999.
VOTE: 5 ayes 0 nays Motion Carried
IL Adopt Resolution No.5065,Re-scheduling City Council Meetings Falling on Legal Holidays.
MOTION/SECOND: Quick/Stigney to Approve Resolution No. 5065,Re-scheduling City Council Meetings
Falling on Legal Holidays.
Ms. Trude asked if City Hall was closed on Columbus Day,October 13, 1997. She understood this was no
longer a legal holiday and noted that it was included on the list of holidays to be re-scheduled.
• It was noted that Columbus Day should be removed from the list of holidays to be re-scheduled on Resolution
No.5065.
Council members Quick and Stigney accepted this amendment.
VOTE: 5 ayes 0 nays Motion Carried
L Consideration of Resolution No.5071,Approving the 1997 Compensation and Insurance
Contribution Schedule for Non-Union,Public Works and Park Maintenance Personnel
Mayor McCarty noted that this resolution would approve the 1997 compensation and insurance contribution
schedule for non-union,Public Works and Park Maintenance Personnel.
Mr.Whiting noted that at the last work session,he mentioned that the staff was looking for the Stanton
Information,but realized afterward that this information was not available for 1997. A phone survey was done
of various other communities,most of which indicated a 3%increase. The communities contacted were
Anoka,Chaska,Columbia Heights,Crystal,Golden Valley,Hastings,New Brighton,Ramsey,Robbinsdale,
Savage,Shakopee and Stillwater.
Council member Stigney stated he had no objection to the 3%increase as he feels they are deserving of it.
However,he did some have objections with how the compensation policy is being implemented in the city.
He noted that as he understands it,certain employees are receiving 100%compensation for all of their health
care. He feels that 100%is a pretty sizable portion,and feels it may be too generous. He also wondered
about the city's policy in regard to Step Adjustments over a five step period. Some employees are receiving
two or more increases annually(a step adjustment increase and a cost of living increase)and he has some
problems with this. He feels many of the communities who have approved a 3%increase have a higher tax
base than Mounds View. Also he noted that city is only comparing with other municipalities and not with
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January 13, 1997 •
Mounds View City Council
what the private sector is paying. He would really like the staff to look at all of these concerns. He
personally feels that any type of salary compensation package should be based more on a merit system. He
would like to get some of the staff and the council members together to go over the policy and see if it is indeed
in the best interest of the residents. Furthermore,until this is accomplished,he would recommend that the
council initiate a hiring freeze of any new employees into the city.
MOTION/SECOND: Quick/Trude to approve Resolution 5071,Approving the 1997 Compensation and
Insurance Contribution Schedule for Non-Union,Public Works and Park Maintenance Personnel.
A discussion followed in regard to the employee health insurance coverage. Mayor McCarty asked if a
change could be made to the resolution to state.. .shall pay the entire premium for full-time single health
insurance coverage up to$330.,which would place the single coverage on the same level as the family
coverage.
Mr.Kessel explained he believes perhaps the wording needs to be changed slightly. He thinks it should state
that there is$330.for insurance per employee and the employee has the option of choosing the insurance plan.
He noted that as it now works,an employee can use up to the$330.limit to obtain various insurance(dental,
additional life,etc.)coverage.
Various wording options were discussed to clarify this policy.
Ms.Trude stated she would be in favor of voting on the Resolution without making any ch.:r ges as to the 111
wording for the insurance. This is the same language that has been used for at least the past three years and
she feels it is best to leave it intact. Furthermore,it will merely cause unnecessary cone for employees.
MOTION/SECOND: Quick/Koopmeiners to Table Resolution No. 5071 to allow staff time to make
appropriate revisions.
VOTE: 4 ayes 1 nay(Trude) Motion Carried
Mr.Kessel noted that he has some concern in tabling the 3%increase in compensation and would recommend
that the council reconsider this.
MOTION/SECOND: McCarty/Koopmeiners to reconsider the tabling of Resolution No.5071.
VOTE: 5 ayes 0 nay Motion Carried
TABLING MOTION RECONSIDERED:
VOTE: 0 ayes 5 nays Motion Failed
The council discussed various changes which they felt could be made to Resolution No.5071.
MOTION/SECOND: Trude/Koopmeiners to amend Resolution No.5071 as follows:
1) removing"and insurance contribution" from the Resolution title;
2) removing"and insurance"from the first paragraph;
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Mounds View City Council
3) removing the last"and"from the third paragraph;
4) deleting the entire fourth paragraph;
5) deleting"and the 1997 Insurance Contribution Schedule"from the final paragraph.
VOTE: 5 ayes 0 nays Motion Carried
VOTE ON INITIAL RESOLUTION WITH CHANGES AS INDICATED IN MOTION ABOVE:
5 ayes 0 nays Motion Carried
D. Consideration of Request to Fill the Vacant Position of Recreation Program Supervisor.
Ms.Trude stated she feels it is necessary to honor staffs request to advertise for the vacant position as some of
the departments heaviest demands come in the next few months and it will take some time to advertise,receive
applications and conduct interviews.
Mayor McCarty noted that Mr. Stigney had voiced his concerns in regard to the city's compensation policies
and he had recommended that the city consider a hiring freeze until the policy has been re-examined and the
III concerns addressed. However,he feels that the council can initiate the process,and the council can approve
hiring for the position at a later date. He feels that the council should have had an opportunity to discuss the
policy and have some direction before a hiring recommendation is made to the Council for the position.
Mayor McCarty asked that subject be put on the agenda for the next Council Work Session so that the council
can further identify methods to address the concerns that Mr.Stigney has brought forth.
Mr. Stigney noted that he feels some method of addressing"pay for performance"should be considered. He is
not specifically advocating it,he just has several concerns over the present compensation policy.
Council member Quick noted that many of Mr. Stigney's concerns may actually be a result of state and federal
law.
MOTION/SECOND: Trude/Quick to authorize the Parks,Recreation and Forestry Director to begin the steps
necessary to fill the vacant position with a new person whose title would be Recreation Program Supervisor.
Mr. Stigney inquired as to whether a college degree was a necessary requirement for the position. He
wondered if someone else could complete the job at a lower pay schedule.
Ms. Saarion,Director of Parks,Recreation and Forestry,noted this position does require a four-year degree.
She proceeded to give a brief summary of the current department staff as well as the responsibilities.
Mr. Stigney stated,again he feels the council needs to look at what some of the requirements are of the city.
Mayor McCarty stated he will support this because it will allow the city to go forward. He does not want the
council to delay these things unnecessarily,however he would like to look at this position more closely when
IIIstaff comes in with their recommendation.
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January 13, 1997
Mounds View City Council
Mr.Whiting explained that he had met with Ms. Saarion several times to discuss this issue and they worked out
the recommendation together.
Mayor McCarty noted that the proposal recommendation by staff is$10,000 less than the current rate for the
vacant position. In that respect,some of the things Mr. Stigney has addressed have already been
accomplished.
VOTE: 3 ayes 2 nays(Stigney/Koopmeiners) Motion Carried
J. Discussion of Quad City Rink Project.
Mr.Whiting noted that the agreement included in the council agenda packet was one of two agreements that
have been worked on since this time last year. He briefly summarized various portions of the agreement,
noting that this was included for discussion only.
K. Consideration of Resolution No.5068,Resolution Initiating Process for Construction of a New Tax
Increment Financing District.
Mr.Whiting noted that this item is also on the EDA Agenda for consideration. This Resolution would allow
the staff to begin work formulating the tax increment district for the Bel Rae site. He noted that it would
merely initiate the process and would not consummate the process. He noted the copy of the schedule as
prepared by City Attorney,Bob Long. 11111
MOTION/SECOND: Trude/Koopmeiners to Approve Resolution No.5068,Resolution Initiating Process for
Construction of a New Tax Increment Financing District.
VOTE: 5 ayes 0 nays Motion Carried
REPORTS:
Report of Council members:
Trude: Ms.Trude stated she has had a number of phone calls in regard to the potential development on the
property across from City hall. She asked Ms.Sheldon to provide information in regard to the meeting
scheduled for Wednesday evening.
Ms.Sheldon noted that a Neighborhood Meeting will be held at 7:00 p.m.,on Wednesday,January 15th at the
Bel Rae to discuss the proposed development of the property. She encouraged anyone who is interested to
attend this meeting.
Koopmeiners: No report.
Stigney: Mr. Stigney noted that he had received a telephone call from a resident who expressed their
opposition to the development.
Mr. Stigney also alerted residents to the free cable access to all the residents. Those interested should contact
Meredith Cable. He also requested that this be put in the newsletter.
ii t .1
Page 13 = l 7 ti'
kj
January 13, 1997 '' i `'
Mounds View City Council
Ouick: No report.
Report of Mayor McCarty: No report
Report of Clerk Administrator: Mr.Whiting provided a brief update in regard to the Bel Rae property. He
noted that he has talked with Ms.Saarion about trying to come up with some options to satisfy the council's
interest in some type of referendum for community input. He asked if the council was comfortable using a
representative sample of the community for input or if they wished to have a
ballot system. He feels it is necessary to determine the desires of the council so that he may be able to give
some direction to the Children's Home Society. Mayor McCarty and Council members Koopmeiners and
Stigney wished to have an election; Council members Trude and Quick would have been satisfied with a
survey. By majority,it was felt that an advisory election was necessary.
Report of Staff: No report
Report of Attorney: No report.
Mayor McCarty noted that the next Council Work Session will be held on February 3, 1997 at 6:00 p.m.
The next Regular Council Meeting will be held on January 27, 1997 at 7:00 p.m.
The Council meeting was adjourned at 10:56 p.m.
Respectfully submitted,
Jaa 0 iati.Q./74s
Tamara D. Saeflce
Recording Secretary
Item No. 6G
Staff Report No. 'l7- 1%5 (.,
Meeting Date:2/10/97
•
Type of Business: Consent Agenda
WK:Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
Ci of Mounds View Staff Report
To: Mayor and City Council
From: Pamela Sheldon, Community Development Director
Item Title/Subject: Joint Powers Agreement for Ramsey County GIS Users Group
Date of Report: February 6, 1997
Summary:
At your worksession on February 3, 1997,the City Council discussed a proposed joint powers
agreement between Ramsey County and its constituent cities which would form the Ramsey County
GIS Users Group. Resolution 5085 has been prepared which would approve the joint powers
agreement.
Discussion:
The joint powers agreement has been distributed to16 cities and 8 districts and agencies. The working
committee which prepared the agreement is hoping that it will be signed by all of the proposed
members by March 1. The City Attorney has reviewed the agreement and has some recommended
changes. He is suggesting that, rather than making the changes at this time, the City Council's action in
resolution of approval be stated as follows:
"Be it resolved that the Mounds View City Council hereby approves the Joint Powers
. Agreement forming the Ramsey County GIS Users Group, attached hereto as Exhibit
A, and authorizes the Mayor and City Clerk-Administrator to execute this agreement in
a form substantially similiar to Exhibit A."
"Be it further resolved that the City Council hereby requests that the Joint Powers
Agreement be further reviewed and that recommendations for any necessary
amendments clarifying terms and provisions as recommended by the City Attorney be
prepared for action by the City Council by resolution within 6 months of the date of this
Resolution."
The substantive changes proposed by the City Attorney concern the following:
• A suggestion that the provision for associate members be dropped from the agreement since
only governmental entities can be parties to a joint power agreement, and that provision could
be made for associate members in the organization's bylaws.
• A recommendation that the fiscal agent not be an elected officer, but be appointed or retained
by contract.
• A recommendation that the termination provisions in Article XII be clarified.
The JPA calls for a one time membership fee of$500.00, and an annual"data access and physical
features maintenance fee." The annual fee is based on population. A list of the proposed fee schedule
for all of the Ramsey County cities is attached. The annual fee for Mounds View would be$1,506. A
three-year commitment to paying the annual fee is part of the agreement. The member cities would pay
their annual fees to the GIS Users Group, and the Users Group would make one payment to Ramsey
County.
Background:
An effort has been underway for some time to create a Metrowide geographic information system for
the seven counties in the Twin Cities Metropolitan Area. Metro GIS was formed and obtained funding
City of Mounds View Staff Report
Joint Powers Agreement for Ramsey County GIS User Group •
February 6, 1997
Page 2
Metropolitan Council to work with counties to make roe data
from the State legislature and the p property rty
and a parcel-based map available to their cities. Approximately 18 months ago,interested cities in
Ramsey County started a GIS Users Group. The aim of the Users Group has been"to encourage
organizations to cooperate through the sharing of resources, data and ideas,primarily for the
establishment and maintenance of geographic information systems within local units of government."
Ramsey County is interested in working with the GIS Users Group to establish and maintain a county-
wide geographic information system. The information would consist of a base map showing all parcels
in the County as well physical features such as buildings, road edges, and water bodies. The parcel
map can be used as a base map to which each city can add such information as comprehensive plan
designations, zoning districts,land use,utility lines, and parks and trails. The county-wide information
system would also give access to property data maintained by the Department of Property Records and
Revenue. Each city could also link the parcel map to its own data bases. It would then be possible to
map such items as calls for service to the Police Department, code enforcement cases, building permits,
and participation in recreation programs, as soon as this information is linked to property identification
numbers.
Staff regards having access to a county-wide geographic information system, which includes both a
parcel-based map and links to Ramsey County property records and data on physical features, as an
invaluable tool. Geographic information systems make it possible to display the information in data
bases on maps by linking the data to physical locations. The link most often used by counties and cities
are the property identification numbers assigned to parcels by the County Assessor. Mapping often
gives the data more meaning because it shows patterns and relationships. A map of code enforcement
cases will show whether there are areas where these cases are concentrated much better than a listing of
cases. Understanding patterns helps in developing policies on how to deal with issues and deciding •
where to focus resources.
Cities also use maps to show the location of water, sewer and storm drain lines, snow plow routes,
pavement management, comprehensive plan designations,zoning districts, parks and trails. It is much
easier to update and revise maps which are in digital form on a computer than if they are hand-drafted.
It is also possible to change the scale of these maps much more quickly and easily. Mounds View
creates and maintains these types of maps. A geographic information system which produces
computer-generated maps is a much more efficient way to do this work.
Mounds View has been working to establish a geographic information system, and is close to
completing a parcel-based map. Because of conflicting demands on staff time,however, it has been
difficult to proceed beyond this very initial step to add layers of information and to link data collected in
the various departments to the map. Joining the GIS Users Group would deliver an up-to-date parcel
map which would also show physical features including buildings, road edges, and water bodies,with
this information maintained and updated by Ramsey County. It would provide access to County
property records and save the cost of subscribing to IRIS. Staff anticipates that the comprehensive plan
designations,zoning districts, land use and road names will be added to the parcel map through the
35W Corridor project. Participating in the Ramsey County GIS Users Group will further our efforts to
establish a geographic information system for the City of Mounds View.
Recommendation:
Approval of Resolution No. 5085 approving a joint powers agreement with the Ramsey County GIS
Users Group, with the one time membership fee and annual fee being paid from the MIS account.
'lu' L & 411)
Pamela Sheldon, Community Development Director
C:\OFFICE\WPW1N\WPDOCS\SPECPRO]\GISMAP\USERJPA.CC
Ramsey County GIS User Group Fee Allocation 1997
•
(Refer to Joint Powers Agreement)
Version 11:December 30, 1996
1. Membership Fee
•once only flat fee for each user. $500
IIII2.Annual Data Access&Physical Features Maintenance Fee
*Initial Fee period commences on January 1, 1997 and annually thereafter from Jan.1
•
*Members commit to a three-year payment of these fees
Entities not participating will be charged as per the existing County fee schedule.
($364 per Mb of data plus$45 per hour processing) _
Organization Category: Population Factor.
St Paul* 25
Municipalities 100
School Districts 7.5
Watershed Districts 7.5
Ramsey Soil&Water Conservation District 2
University of Minnesota(Facilities Management) 2
Metro East Development Partnership" 0
Fire Departments" 0
Won-standard organization
' considered pan of the municipalities
Note: The fee is calculated by multiplying the(population factor x(population x per capita rate(50.12))
(eg.New Brighton-(22328 x1.0)x(0.12)-32679)
Breakdown by organization:
Organizatlon Name: Est 1994 Population Units 1997 Fees
population Factor Assigned
served
Net emcin
Arden Hills 9426 1.000 9426 ' S1,131 '
Falcon Heights 5297 1.000 5297 3636
Gem Lake 449 1.000 449 354
Lauderdale 2718 1.000 2718 5326
ill le
00 449 3531,107 32903 1.000 32903 S3.948
Mounds View 12552 1.000 12552 51,506
New Brighton 22328 1.000 22328 52,679
North Oaks(X) 3644 1.000 3644 x SO
North St.Paul 12809 1.000 12809 51,537
Roseville 33674 1.000 33674 34,041
Shoreview 25957 1.000 25957 S3,115
SLPaul 271660 0250 6791.5 $8,150
Vadnais Heights 11968 1.000 11968 31.436
White Bear Township 10236 1.000 10236 31:28
White Bear Lake 25398 1.000 25398 33,048
Ramsey Wash Metro WD 150000 0.075 11250 31,350
Rice Creek WD(X) ? 0.050 x SO
RamseySWCD 492909 0.020 9858 51,183
Mounds View Schools ? 0.050 x SO
Nth St.PauliMaplewd Soh(X) 7 0.050 x SO
Roseville Schools 50172 0.075 3763 5452
St Paul Schools ? 0.050 x $0
White Bea Lake Schools ? 0.050 x SO
U of M(Facilities Mgt) 271660 0.020 5433 x $679
Total:
S37,606
Note:Those entities assumed to be non-participants are designated with(X).
Entities wishing to enter as a participant partway through the annual
' maintenance fee period will pay the full annual amount designated for that site
and will not be pro-rated.
gisfee 11.wb2
RESOLUTION NO. 5085
CITY OF MOUNDS VIEW
i
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A JOINT POWERS AGREEMENT FORMING THE
RAMSEY COUNTY GIS USERS GROUP
WHEREAS, the Ramsey County GIS Users Group was formed by interested cities in
order to encourage organizations to cooperate through the sharing of resources, data and ideas,
primarily for the establishment and maintenance of geographic information systems within local
units of government; and,
WHEREAS, there is a metropolitan-wide effort underway to establish geographic
information systems in each of the seven metropolitan counties which would supply data and
mapped information available from County records to their constituent cities; and,
WHEREAS, the Ramsey County GIS Users Group is proposing a joint powers agreement
between the cities and districts in Ramsey County, and University of Minnesota so this group will
serve as a partner with Ramsey County in developing a county-wide geographic information
system, and represent the cities in this effort; and,
WHEREAS, a �'eo aP hic information system stem offers the possibility of more
g
comprehensive and quicker access to property-based information generated by the County; and,
WHEREAS, Ramsey County's parcel map offers a base to which the cities can add
comprehensive plan designations, zoning, land use, street names, addresses, water, sewer and
storm drain lines, snow plow routes, and the pavement management program, and which can be
used to track code enforcement cases, building permits, building and housing inspections, police
calls for service, and participation in recreation programs, as examples; and,
WHEREAS, a County-wide coordinated geographic information system will assist in such
projects as the 35W Corridor Coalition; and,
WHEREAS,joining the Ramsey County GIS Users Group will help the City of Mounds
View's existing efforts to establish a geographic information system.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council hereby
approves the Joint Powers Agreement forming the Ramsey County GIS Users Group, attached
hereto as Exhibit A, and authorizes the Mayor and City Clerk-Administrator to execute this
agreement in a form substantially similar to Exhibit A, and that the cost of the initial membership
fee of$500 and the annual fee for 1997-1999 of$1,506 be paid from the MIS Account (100-
4139).
•
City County Resolution No. 5085
• February 10, 1997
Page 3
BE IT FURTHER RESOLVED that the City Council hereby requests that the Joint
Powers Agreement be further reviewed and that recommendations for any necessary amendments
clarifying terms and provisions as recommended by the City Attorney be prepared for action by
the City Council by resolution within 6 months of the date of this Resolution.
Adopted this 10th day of February, 1997.
Duane McCarty, Mayor
ATTEST:
Charles Whiting, City Administrator
(SEAL)
C:\OFFICEIWPWIIV\WPDOCSVSPECPROJ\GISMAP\USERJPARES
•
JOINT POWERS AGREEMENT
BETWEEN
•
MEMBERS OF
THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP
This JOINT POWERS AGREEMENT is entered into pursuant to the provisions of Minnesota Statutes Section
471.59 between body politic and corporate under the laws of the
State of Minnesota and other bodies politic and corporate under the laws of the State of Minnesota for the purposes
of forming the Ramsey County Geographic Information System Users Group hereinafter referred to as the"Users
Group".
ARTICLE I. INTENT OF THIS AGREEMENT:
In 1995, an alliance was formed between public agencies interested in using Geographic Information Systems (GIS)
and data created and maintained by Ramsey County. This agreement is intended to enable those parties who are part
of the Users Group to be represented by the Users Group for the purposes of undertaking negotiations
transactions with Ramsey County and any other body politic.
ARTICLE II. DEFINITIONS:
Section 1. Members are deemed to be those local units of government, special purpose government units,
local agencies and the Ramsey Soil& Water Conservation District who have executed this Joint Powers Agreement
and have paid requisite fees.
Section 2. Affiliate Members are those county, regional, state and federal agencies, local government
organizations with regional jurisdiction and local government cooperative organizations with direct or indirect
involvement in Ramsey County GIS activities. Affiliate membership must be approved by the Board. Affiliate
Members are non-voting participants and are not eligible to serve on the Board.
Section 3. Associate Members are those private sector companies invited by a Member to participate in the
Users Group and who agree to pay requisite fees. Associates are deemed to be non-voting participants and are not
eligible to serve on the User Group Board of Directors.
CITY COUNCIL RESOLUTION NO. 5085
EXHIBIT "A"
Page One
1
ARTICLE III. USER GROUP STRUCTURE:
Section 1. The Users Group will be governed and managed by a Board of Directors.
Section 2. One Director will represent each Member organization.
III Section 3. Directors will be selected at the discretion of each Member organization.
Section 4. The Board shall also have a Chair, Vice Chair, Secretary, Treasurer and a Fiscal
Agent.
Section 5. These positions are elected annually by the Board.
Section 6. These positions are undertaken on a voluntary basis without pay.
Section 7. A quorum will consist of at least a two-thirds attendance of full membership of the
Board.
Section 8. Decisions will be made by majority of the quorum.
ARTICLE IV. DUTIES OF THE BOARD OF DIRECTORS:
Section 1. The Board shall meet at least two times per year.
Section 2. The Board shall conduct an organizational meeting no later than 30 days after the effective date
of this agreement. The meeting will be called for the purposes of electing the positions of Chair, Vice Chair,
Secretary, Treasurer and Fiscal Agent. This meeting will allow the adoption of by-laws and other procedures
governing the conduct of its meetings and its business as it deems appropriate.
Section 3. The second mandatory annual meeting will be called by the Board to determine the User Group
Budget, review the operating procedures within the Joint Powers Agreement, and approve agreements with Ramsey
County for the purposes of GIS data exchange, data access, data delivery and the updating of physical features.
Section 4. The Board shall approve and adopt the formula for the distribution of costs associated with access
to Ramsey County GIS data and for the updating of physical features. This formula will be reviewed annually by the
.Board.
Section 5. The Board shall arrange for and facilitate regular meetings of the User Group and for User Group
activities.
Section 6. The Chair presides at meetings of the Board. The Vice Chair will preside in the absence of the
Chair. The Secretary is responsible for recording the proceedings of the Board and communicating these proceedings
to all Member organizations. The Treasurer is responsible for the funds and financial records of the Board.
Section 7. The Chair and the Treasurer must sign vouchers or orders disbursing funds of the Users Group.
Disbursement will be made in the method prescribed by law for statutory cities.
Section 8. The Board may take such actions as it deems necessary and convenient to accomplish the general
purposes of this agreement.
Section 9.The Board shall purchase liability insurance on behalf of the Users Group to insure against liability
of the Users Group and its constituent Members.
Section 10. The Board may:
(i) enter into contracts to carry out its powers and duties;
(ii) provide for the prosecution, defense, or other participation in proceedings at law or in equity
in which it may have an interest;
(iii) employ such persons as it deems necessary on a part-time, full-time or consultancy basis;
(iv) purchase, hold or dispose of real personal property;
(v) contract for space, commodities or personal services with a Member or group of Members;
(vi) accept gifts, apply for and use grants or loans of money or other property from the state, the United
States of America, and from other government units and may enter into agreements in connection therewith and hold,
.use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating
thereto.
Page Two
ARTICLE V. NEW MEMBERS: f
Section 1. Those units of government who are not part of this initial agreement may join the Users Group
at any time.
Section 2. To become a Member, they must agree to sign the current Joint Powers Agreement.
Section 3. The New Members will pay the current one-time membership fee and the data exchange fe
calculated by the current formula. Fees will not be pro-rated for new Members who join after January 1 of each ye
ARTICLE VI. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY:
Section 1. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey
County for the exchange of County GIS Data with Members at a preferential fee structure. A component of the fees
will apply to the maintenance of digital physical features only after these features have already been updated from
1996 aerial photography.
Section 2. The GIS Data should consist of the following components:
(i) The Ramsey County Digital Base Map as generated and maintained by the Department of Public
Works.
(ii) The Ramsey County Attribute Data Base as generated and maintained by the Department of Property
Records and Revenue.
(iii) The Physical Features File as generated and maintained by the Department of Public Works.
Section 3. The Board will negotiate on behalf of the Members for the cost and method of access to this data.
The Board must be satisfied as to the content, accuracy and timeliness of the data to be supplied.
ARTICLE VII. GIS DATA TO BE EXCHANGED AS PART OF 1111S AGREEMENT:
Section 1. A Member will agree to exchange any GIS data with Ramsey County and with any other Membe
or Affiliate Member for its own use where that data has been in some way derived and developed from the Cou
GIS Data supplied as a result of future agreements between the Users Group and Ramsey County. A Member x
agree to exchange with Ramsey County and with any other Member or Affiliate Member, any attribute data that it
has created and maintained where that data can be associated to a parcel using a parcel identifier. A Member will
also agree to exchange any building permit data deemed by Ramsey County as necessary for the identification of
future physical feature data base updates.
Section 2. The Board will negotiate with Ramsey County on behalf of the Members in all matters deemed
necessary relating to supply of GIS data generated by a Member.
Section 3. Any costs associated with the supply of data to Ramsey County or any Users Group Members
shall be for access and delivery of that data only and not for any costs associated with the development of that data.
ARTICLE VIII. DATA ACCESS AND USAGE:
Section 1. All Members shall have equal rights to access Ramsey County GIS Data.
Section 2. Data generated by Ramsey County and provided to Members may not be sold by Members to third
party agencies. However, data may be used by a third party for specific contracted purposes. Data generated by
Members and provided to Ramsey County may not be sold by Ramsey County to third party agencies. However, data
may be used by a third party for specific contracted purposes.
Section 3. Data derived from Ramsey County GIS Data by any Member may be sold or exchanged by that
Member of the Users Group to a third party.
Section 4. All members will adhere to future Users Group license agreements for County or other agency
GIS data.
Section 5. Associate Members will not have access to Ramsey County GIS Data except where directed b
a Member to use data as part of a project under specific contracted guidelines.
Page Three
1
ARTICLE IX. DATA SECURITY:
All Members of the Users Group agree to abide by the data privacy and data security standards of the supplying
agency when using data made available by that agency.
111 ARTICLE X. FINANCIAL MA'I 1'ERS:
Section 1. The fiscal year of the Users Group is the calendar year.
Section 2. The Board shall adopt an initial budget and must thereafter adopt an annual budget prior to July
1 of each year. The Board will give an opportunity to each Member to comment or object to the proposed budget
before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer
of each Member organization.
Section 3. Operational costs shall be shared according to a method agreed upon by majority decision amongst
the Board of Directors. The costs could be met by membership fees. These costs could include Users Group
administrative costs, purchase of liability insurance and others as appropriate.
Section 4. Membership Fee:
Members and Associate Members will agree to pay a one-time membership fee of$500 to the Users Group
for the calendar year 1997. The amount of this fee will be reviewed and set annually by the Board of Directors for
new Members.
Section 5. Data Access and Physical Features Maintenance Fee:
Members will commit to a three-year payment of data access and physical features maintenance fees. Ramsey County
will charge the Users Group on an annual basis for unlimited access to the Ramsey County GIS Data. This fee will
be paid to Ramsey County by the Users Group on behalf of the Members on an annual basis. The amount to be paid
by each Member will be determined by the Board of Directors and will be reviewed annually.
Section 6. Special Projects Assessments:
embers who wish to enter into special projects and consultations shall present proposals to the Board for review.
xamples of special projects could be cooperative training or consortium purchase of software. Upon approval by
the Board, those Members who are part of the project will be assessed to meet the cost of the project.
Section 7. Billings to the Users Group Members are due and payable no later than 30 days after mailing.
In the event of a dispute as to the amount of a billing, a Member must nevertheless make payment as billed to
preserve membership status. The Member may make payment subject to its right to dispute the bill and exercise any
remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the
Member Director. Failure to pay a billing within 120 days is grounds for termination of membership, but the Users
Group rights to billing are not affected by the termination of membership.
ARTICLE XL TERM
Section 1. This agreement shall be in force through December 31, 1999, or until superseded by another
agreement.
Section 2. Based on the annual review of the operating procedures within the Joint Powers Agreement
conducted by the Board of Directors, a new Joint Powers Agreement will be developed and circulated at least three
months prior to December 31, 1999 and be agreed upon and signed on or before December 31, 1999.
•
Page Four
r
ARTICLE XII. TERMINATION:
•
Each member shall have the right to terminate its membership and participation in the Users Group with or without
cause by formal resolution of the board of the Member's organization. However, the Member is still obligated
current financial commitments at the time of cessation of membership. These commitments include:
(i) any balance of the Data Access/Physical Features Maintenance Fee. This commitment applies to
Members.
(ii) any balance owing on Special Projects Assessments. This commitment applies to Members which have
entered into any special project agreement(s).
ARTICLE XIII. DISSOLUTION:
Section 1. The Users Group may be dissolved by a two-thirds vote of its Members in good standing.
Dissolution is mandatory when the Secretary has received certified copies of resolutions adopted by the governing
bodies of the required Members requesting dissolution of the Users Group.
Section 2. In the event of a dissolution, the Board must determine the measures necessary to effect the
dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the
provisions of this agreement and law.
Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the
Users Group will be distributed among the then existing Members in direct proportion to their cumulative annual
contributions. If those obligations exceed the assets of the Users Group, the net deficit of the Users Group will be
charged to and paid by the then existing Members in direct proportion to their cumulative annual contributions.
ARTICLE XIV. ACCESS TO DOCUMENTS:
Until the expiration of three years after this Agreement terminates, the Users Group shall make available to
Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accounting
procedures and practices of the Users Group relating to this Agreement.
ARTICLE XV. HOLD HARMLESS:
Section 1. Each Member agrees to defend, indemnify and hold the other Members harmless from any claims,
demands, actions or causes of action, including reasonable attorney's fees, against or incurred by such other
Members, arising out of any act or omission on the part of the indemnifying Member or any of its agents, servants
or employees in the performance of or with relation to any of the work or services provided by Members under the
terms of this Agreement.
Section 2. Nothing in this Agreement shall constitute a waiver by either Members or the Users Group of any
limitation of liability under Minnesota Statutes Chapter 466.
SECTION XVI. EQUAL EMPLOYMENT OPPORTUNITY:
Section 1. The Members and the Users Group agree to comply with all federal, state and local laws,
resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of
race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public
assistance, disability or age.
Section 2. When required by law and requested by the other party, the Users Group shall furnish a wri
affirmative action plan to the Members.
Page Five
1
SECTION XVII. DATA PRACTICES:
' Section 1. All data collected, created, received, maintained or disseminated for any purpose in the course
40of either the Member's or the Users Group's performance of this Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act.
Section 2. The Members and the Users Group agree to abide strictly by these statutes, rules and regulations.
III
III
Page Six
r
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on this_day of
1997.
ORGANIZATION
Approved:
By:
( Mayor/ Chair/President )
By:
( City Manager/Administrator )
•
•
Page Seven
RESOLUTION NO, 5086
CITY OF MOUNDS VIEW
• COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING JUST AND CORRECT
CLAIMS AGAINST CITY FUNDS
WHERMinnesota StatEEAS, the 412.2ity41, has Cofuuncil
MoundsVew, pursuant to
of the City and; authority over the financial affairs
WHEREAS, The City Council has reviewed the claims numbers:
54554 through 54630 in the amount of $ 39,731.98
50829 through 50842 in the amount of $506,412.56
through in the amount of $
through. in- the amount of $
TOTAL AMOUNT OF CLAIMS PRESENTED $ 546 144.54
and has found said claims to be just and correct;
111/1
(list of any exception)
NOW THEREFORE, be it resolved that the City Council of Mounds View
hereby approved the attached lists of claims dated 02/11/97 by the
vote ayes nayes
ATTEST:
(SEAL)
Mayor
Clerk-Administrator
PAGE , 1 ACCOUNTS PAYABLE CHECK: REGISTER
AP-C10-01 MOUNDS VIEW
VENDOR CHECK CHECK INVOICE INVOICE
NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT
41Ik
DOVER TRUCK: PARTS 0 00/00/00 538735 11 /01/96 182.53
O 00/00/00 552325 12/17/96 5.01
O 00/00/00 538785 1 /02/'+6 157.08-
O 00/00/00 5397q34 * 12/10/96 30.46-
VENDOR TOTAL
03202 REGIONAL MUTUAL AID A•A 54554 02/11/Q7 02/11/97 10.00
VENDOR TOTAL 10.00
41 101 ANDERSON, DEBRA 54555 02/11 /97 0' /11/97 20.00
VENDOR TOTAL 20.00
72100 BOWSER, LEO 54556 02/11/97 02/11/97 10.00
VENDOR TOTAL 10.00
72101 HEINE, CATHY 54557 02/11/97 02/11/97 18.00
VENDOR TOTAL 18.00
72102 K::I V I NEN, LINDA 54558 02/11/97 02/11/97 10.00
VENDOR TOTAL l0.00
72103 LEE, LARRY 54559 02/11/97 02/11/97 R8.00
VENDOR TOTAL 88.00
4
7' "4 T I CHY, EUGENE 54540 02/11/97 02/11/97 20.00
VENDOR TOTAL 20.00
72105 VENABLE, BRIAN 54561 02/11/97 02/11/97 10.00
VENDOR TOTAL 10.00
72106 V I SSER, MARLENE 54562 02/11/97 02/11/97 30.00
VENDOR TOTAL 30.00
A2700 A I RTOUCH CELLULAR 54563 02/11/97 02/11/97 233.20
VENDOR TOTAL 2.7.:=;.20
A4985 AMER LINEN , APPAREL * 54564 02/11/97 00111206 12/06/96 64.54
VENDOR TOTAL 64.54
A5123 AMERICAN OFFICE F'RODU* 54=65 02/11/97 305155 01/24/97 76.53
54565 02/11/97 305156 01/24/97 71 .50
54565 42/11/=7 305275
, cy1/24/97 = .4-3
54565 02/11/97 CM 11108 01/24/97 18.8 -
VENDOR TOTAL 1=2.64
A5159 AMERICAN PLANNING ASS* 54566 02/11/97 02/11/97 ; -.1700
VENDOR TOTAL 523.00
A8000 A T 0 M 54567 02/11/97 02/11 /97 25.00
VENDOR TOTAL 25.00
•
PAGE `2 ACCOUNTS PAYABLE CHECK REGISTER
AP-C10-01 MOUNDS VIEW
VENDOR CHECK CHECK INVOICE INVOICE
NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT
4
BZ��5 BEISSWENGER'S 54548 02/11/97 226697 01/24/97 37.38
VENDOR TOTAL 37.38
B2050 BEST BUY CO. , INC. 54569 02/11/97 0110117456 01/23/97 21 .29
VENDOR TOTAL 21 .29
B2O70 BEST LOCKING SYSTEMS 54570 02/11/97 043990 01/28/97 2273.01
VENDOR TOTAL 2273.01
B3185 BLUMBERG COMMUNICATIO* 54571 02/11/97 BM20624 12/04/96 405.00
VENDOR TOTAL 405.00
B7180 BUMPER TO BUMPER 54572 02/11/97 D48633 01/29/97 3.43
54572 02/11/97 D48810 01/31/97 6.41
VENDOR TOTAL 10.04
C3016 CHAMPION AUTO 54573 02/11/97 0007477-IN 10/30/96 21 .21
VENDOR TOTAL 21 .21
C3030 CHAPIN CONSTRUCTION B* 54574 02/11/97 CPC049886 01/21/97 82.60
VENDOR TOTAL 82.60
C5845 COMPUTOSERVICE, INC. 54575 02/11/97 01/27/97 54.00
,AO
TOTAL 54.00
[���0 COPY SALES, INC. 54576 02y11/97 051858 01/13/97 858. 15
54576 02/11/97 051949 01y16/97 29.79
54574 02/11/97 052184 01/29/97 220.89
VENDOR TOTAL 1108.83
C6025 COTTENS INC 54577 02y11/97 197712 01/22/97 21 .29
VENDOR TOTAL 21 .29
C7500 CURTIS 1000 INC. 54578 02y11/97 9601801 01 01/24/97 551 .54
54578 02/11/97 9739001 01 01/31/97 651 . 11
VENDOR TOTAL 1202.45
D0700 DAVIES WATER EQUIPMEN* 54579 02/11/97 81192 01/21/97 288. 12
VENDOR TOTAL 288. 12
E9020 ERICKSON'S NEWMARKET 54580 02/11/97 5358 12/ 18/94 56.43
54580 02/11/97 8468 11/08y96 74.35
VENDOR TOTAL 130.78
E9075 EVERGREEN LAND SERVIC* 54581 02/11/97 4751 01/17/97 192.00
VENDOR TOTAL 192.00
F8950 FUEL OIL SERVICE CO. ,* 54582 02/11/97 12/31/96 20.46
VENDOR TOTAL 20.46
PAGE 3 ACCOUNTS PAYABLE CHECK REGISTER
AF`-Ci0-01 MOUNDS VIEW
VENDOR CHECK: CHECK. INVOICE INVOICE
NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT
111
Gc G F 0 A 54583 02/11/97 12/17/96 380,00
VENDOR TOTAL =:80.00
65840 GOODIN COMPANY 54584 02/11/97 1060074-00 01/22/97 298.. 19
VENDOR TOTAL 298. 19
G5920 GOVERNING 54585 02/11/97 02/11/97 15.00
VENDOR TOTAL 15.00
G6755 W W GRA I NGER INC 54586 02/11/97 497-974845-8 01/09/97 20.77
VENDOR TOTAL 20.77
H0070 H & T CORP. OF M I LANES* 54587 02/11/97 01/09/97 '759.50
VENDOR TOTAL :359.50
10075 I C M A 5458:3 02/11/97 192860 07/23/96 84.95
VENDOR TOTAL 84.95
15500 INT'L CONF . OF BLDG. * 54589 02/11/97 02/11/97 51 .95
VENDOR TOTAL 51 .95
155:5 INSTY-PRINTS 54590 02/11/97 1129. 01/21/97 124.70
VENDOR TOTAL 124.70
41111 INT'L INST. OF MUNICI* 54591 02/11/97 01/15/97 80.00
VENDOR TOTAL =0.00
15600 INT'L PERSONNEL MANAGE- 54592 02/11/97 96109002 01/15/c,7 140.00
VENDOR TOTAL 140.00
L0245 LEAGUE OF MN CITIES 7* 545`3 02/11/97 01/24/97 170.03
VENDOR TOTAL 170.03
L3545 L I LL I E SUBURBAN NEWSF* 54594 02/ 11/97 02/11/97 111 . 15
VENDOR TOTAL 111 . 15
M0750 MAS Y S G&W-ORATION 54.595 02/11/c,7 7114 02/01/97 441 .89
VENDOR TOTAL 641 .89
M2075 MENARDS 54596 02/11/97 22i .7 01/1A/c,7 367.24
VENDOR TOTAL 367.24
M:3•�80 MINNESOTA CONWAY 54597 02/11/97 15400 01/2.0/97 127.80
54597 02/11/97 :408' 1 01/28/97 103.50
VENDOR TOTAL 231 . ;:0
M4993 MINNESOTA RURAL WATER* 54598 02/11/97 01/27/97 185.00.
VENDOR TOTAL 185.00
PAGE '4 ACCOUNTS PAYABLE CHECK: REGISTER
AF-C10-01 MOUNDS VIEW
VENDOR CHECK CHECK: INVOICE INVOICE
NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT
I ) MITCHELL I NTERNAT I ONA* 54599 02/11/97 230390 01/20/97
0/97 71 . 34
VENDOR TOTAL 71 . 36
M6085 MOUNDS VIEW 66 54600 02/11/97 090o97 02/11/97 100.00
VENDOR TOTAL 100.00
M0100 MUN.[CILITE 54401 02/11/97 = 208 01/13/97 71 .57
54601 02/11/97 _ 341 01/21/97 115.79
VENDOR TOTAL 187.34
N2210 NEW BRIGHTON , CITY OF 54602 02/11/97 01/28/97 50.00
VENDOR TOTAL 250.00
N.2300 NEW HORIZONS COMPUTER* 54403 02/11/97 4426 01/17/97 760.00
VENDOR TOTAL 740.00
N4000 NORTHERN SANITARY SUP* 54604 02/11/97 412 9 01/16/97 99.79
VENDOR TOTAL 99.79
N4200 NORTHERN STATES TOWER* 54405 02/11/97 0 /11/'j7 17864.57
VENDOR TOTAL 17864.57
N4220 NORTHWEST YOUTH & FAM* 54608 02/11/97 01/06/`-17 3579.75
VENDOR TOTAL 3579.75
41Ik} OFF I.CEMAX CREDIT PLAN 54409 02/11/97 510907/11/96 31 .69
VENDOR TOTAL _.1 .49
07550 ORR I N EXTERMINATING C* 54410 02/11/97 08437 384 02/03/97 A2.84
VENDOR TOTAL 62.84
P0715 PETER J F'ATCHIN & ASS* 54611 02/11/97 12/30/94 1225.00
VENDOR TOTAL 1225.00
P7900 FUB EMPLOYEES RE T I REM* 5461 02/11/97 01/•` /`r7 309. 37
VENDOR TOTAL 300. 37
F0762 RAMSEY COUNTY PUBLIC * 5461 02/11/97 0 /1/1}/97 11-)=;.25
VENDOR TOTAL 55..15
R1950 REMAP CORPORATION 54414 02/11 /97 01/ ;/9'7 49.95
VENDOR TOTAL 49.95
R5606 ROADRUNNER TRANSFORTA* 54615 02/11/97 36487 01/23/97 45.25
VENDOR TOTAL 45.25
S1100 SARAH S DANCE 54616 02/11/97 01/26/97 -.-0.00
VENDOR TOTAL 220.00
ST.'-25 SHORT ELLIOTT & HENDR* 54617 02/11/97 38445 01/22/97 865.70
PAGE 5 ACCOUNTS PAYABLE CHECK: REGISTER
AP-C10-01 MOUNDS VIEW
VENDOR CHECK CHECK INVOICE INVOICE
NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT
III 54617 02/11/97 38427 01/ '2/97 17' .5�;_:
VENDOR TOTAL 1175.58
041 . 8
S3300 SHRED-IT 54618 02/11/97 5628 02/05/97 4'5.00
VENDOR TOTAL 45.00
5:3545 S I LUV , LARRY 54619 02/11/97 02/11/97 275.39
VENDOR TOTAL 275.39
5:3544 S I LUF. , LARRY 54620 02/11/97 02/11/97 102.60
VENDOR TOTAL 102.60
56:350 SRF CONSULTING GROUP,* 54621 02/11/97 1'2/ 1/96 1428.22
VENDOR TOTAL 142a.22
S7400 STRE I CHER•'S PROF. POL• • 54622 02/11/97 75619. 1 01/81/97 72.08
VENDOR TOTAL 72.08
S8000 SUBURBAN PROPANE 54628 02/11/97 M02515 11/26/96 17.5
VENDOR TOTAL 17.50
T6975 TRUDE, JULIE 54624 02/11/97 02/11/':7 111 .30
VENDOR TOTAL 111 .30
iil
Ui' U.S. FILTER/WATERFRO 54625 02/11/97 88343 343; 12/24/96 459.41
54425 02/11/97 179 17'2 12/23/96 86.04-
VENDOR TOTAL 228. 37
U0400 U 5 WEST 54426 02/11/97 02/11/97 76.86
VENDOR TOTAL 76.86
U6000 UN I TOG RENTAL SERVICE* 54427 02/11/97 7400710.2 01/29/97 127.84
54627 02/11/97 740070146 01/22/97 210. 14
VENDOR TOTAL 337.98
V6006 VIKING SAFETY PRODUCT* 54629 02/11/97 B 523470 02/:„13;97 307.21
VENDOR TOTAL 307.81
Z4600 Z I EGLER INC 54630 02/i1 /97 F'00000028 34 01/14/97 450.70
VENDOR TOTAL 450.70
GRAND TOTAL 39731 .92
PAGE ' ^ 1 ACCOUNTS PAYABLE PRE-PAID CHECK REG
AP-C10-02 MOUNDS VIEW
VENDOR CHECK CHECK INVOICE INVOICE
NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT
FUBLICORP, INC. 50829 01/27/97 01/27/97 300.00
41107
VENDOR TOTAL 300.00
H0485 HAMMERSCHMIDT, JOHN 50830 01y27/97 01/27/97 126,30
VENDOR TOTAL 126.30
D4888 DISTRIBUTEL 50831 01/27/97 01/27/97 260.00
VENDOR TOTAL 260.00
A0008 AARP 50832 01/29/97 01/29/97 160.00
VENDOR TOTAL 160.00
W1919 WESTERN BANK 1 50833 01/30/97 01/30/97 3138.83
50833 01/30/97 01/30/97 864.49
50833 01/30/97 01/30/97 62630.72
50833 01/30/97 01/30/97 19854.43
VENDOR TOTAL 86488.47
P7900 PUB EMPLOYEES RETIREM* 50834 01/30/97 01/30/97 5550.20
VENDOR TOTAL 5550.20
10002 ICMA RETIREMENT TRUST* 50835 01/30/97 01/30/97 119.25
VENDOR TOTAL 119.25
SYSCO MINNEOSTA, INC. 50836 01/30/97 01/30/97 173997.28
VENDOR TOTAL 173997.28
ill
C5750 COMMERCIAL PROPERTY I* 50837 01/30/97 01/30/97 217512.42
VENDOR TOTAL 217512.42
D2020 MICHAEL INVESTMENTS 50838 01/30/97 01/30/97 21627.64
VENDOR TOTAL 21627.64
S0675 ST. PAUL, CITY OF 50839 02/03/97 02/O3/9750.00
VENDOR TOTAL 50.00
53108 J.A. SAFETY CONSULTIN* 50840 02/04/97 02/04/97 150.00
VENDOR TOTAL 150.00
72107 UNDERWATER WORLD 50841 02y06/97 02/06/97 36.00
VENDOR TOTAL 36.00
M1000 MCDONALDS 50842 02/06/97 02/06/97 35.00
VENDOR TOTAL 35.00
GRAND TOTAL 506412.54
'
Item No. eg
Staff Report No. 617- /91P(e-
Meeting Date: February 10, 1997
111Type of Business: CA
WK: Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Chuck Whiting
From: Lynnette Morgan
Item Title/Subject: Public Works/Park Maintenance Labor Agreement
Date of Report: February 5, 1997
Attached is Resolution No. 5084 Approving the 1997 Labor Agreement Contract with Public
Works and Parks Maintenance Bargaining Unit. The Resolution outlines the terms as discussed
at the February 3, 1997 Work Session.
1110
•
O.
T
RESOLUTION NO. 5084
CITY OF MOUNDS VIEW
0
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING THE 1997 LABOR AGREEMENT CONTRACT WITH
PUBLIC WORKS AND PARKS MAINTENANCE BARGAINING UNIT
WHEREAS, representatives from the Public Works and Parks Maintenance Bargaining Unit and
City staff have met and discussed the 1997 Labor Agreement and have tentatively agreed to
terms that include:
• A 3% annual compensation adjustment which was approved by the City Council at its
1/13/97 meeting;
• The City continuing to contribute up to $330/mo. towards the cost of employee insurance
which was approved at its 1/27/97 meeting;
• Adjustment to the probationary period for new employees;
• An adjustment to the reimbursement amounts for clothing and safety glasses allotment;
and
• An adjustment to the method of payout of sick leave upon termination of service after ten
years of service.
NOW, THEREFORE BE IT RESOLVED THAT the attached contract for the Public Works and •
Park Maintenance Labor Agreement contract for the period of January 1, 1997 to December 31,
1997, is hereby approved, effective January 1, 1997.
Adopted this 10th day of February, 1997
ATTEST:
Mayor McCarty
(SEAL)
City-Clerk Administrator, Charles S. Whiting
4110
1111 LABOR AGREEMENT
BETWEEN
THE CITY OF MOUNDS VIEW
AND
STEVEN D. DAZENSKI LAWRENCE DECHEINE
WILLIAM G. HANGGI WILLIAM G. HANSON
GARY G. KARDELL WALLACE R.MORTENSON
JEFFREY WIENKE TIMOTHY FREDBERG
JANUARY 1, 1997 -DECEMBER 31, 1997
• 1
ARTICLE 1. PURPOSE OF AGREEMENT. 4
ARTICLE 2. CITY AUTHORITY 4
•
ARTICLE 3. APPLICABILITY OF CITY PERSONNEL CODE 4
ARTICLE 4. GRIEVANCE PROCEDURE 5
ARTICLE 5. DEFINITIONS 5
ARTICLE 6. SAVINGS CLAUSE 5
ARTICLE 7. WORK SCHEDULE 5
ARTICLE 8. OVERTIME PAY 6
ARTICLE 9. CALL BACK 6
ARTICLE 10. LEGAL DEFENSE 6
ARTICLE 11. RIGHT OF SUBCONTRACT 7
ARTICLE 12. DISCIPLINE 7 •
ARTICLE 13. SENIORITY. 7
ARTICLE 14. PROBATIONARY PERIODS 7
ARTICLE 15. SAFETY 7
ARTICLE 16. JOB POSTING 8
ARTICLE 17. INSURANCE 8
ARTICLE 18. INJURY ON DUTY. 8
ARTICLE 19. CLOTHING 8
ARTICLE 20. STANDBY DUTY. 9
ARTICLE 21. PERFORMANCE REVIEWS 9
ARTICLE 22. JOB CLASSIFICATION SYSTEM. 9
•
2
ARTICLE 23. SEVERANCE 12
• ARTICLE 24. WAGES 12
ARTICLE 25. INTERMITTENT LEAD WORKER 13
ARTICLE 26. DEPARTMENT LEAD DESIGNATION 13
ARTICLE 27. DURATION. 13
411
3
ARTICLE 1. PURPOSE OF AGREEMENT.
This AGREEMENT is entered into by and between the City of Mounds View, hereinafter called
the CITY, and the named members of the City's Public Works and Parks Department, hereinafter
called the EMPLOYEES.
The intent and purpose of this AGREEMENT is to:
1.1 Establish the conditions which will govern the employment relationship between the
CITY and the EMPLOYEES in the Public Works Department including Garage, Parks
Maintenance, Street Maintenance, Sanitary Sewer Operations, Water Operations and
other maintenance areas the CITY may add;
1.2 Establish hours,wages and other conditions of employment;
1.3 Establish procedures for the resolution of disputes concerning this AGREEMENT's
interpretation and/or application;
1.4 Specify the full and complete understanding of the parties; and
1.5 Place in written form the parties' agreement upon terms and conditions of employment for
the duration of this AGREEMENT.
The CITY and the EMPLOYEES,through this AGREEMENT, continue their dedication to the
highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this
dedication.
ARTICLE 2. CITY AUTHORITY.
2.1 The CITY retains the full and unrestricted right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set and amend budgets;
to determine the utilization of technology; to establish and modify the organizational
structure; to select, direct and determine the number of personnel; to establish work
schedules; and to perform any inherent managerial function not specifically addressed or
limited by the AGREEMENT.
2.2 Any term and condition of employment not specifically established or modified by this
AGREEMENT shall be governed by Chapter 300 of the Municipal Code, entitled
Personnel, and shall remain solely within the discretion of the CITY to modify, establish,
or eliminate.
ARTICLE 3. APPLICABILITY OF CITY PERSONNEL CODE
3.1 Except where specifically superseded by this agreement, the Personnel Code, Chapter
300 of the Municipal Code, of the CITY shall regulate all conditions of employment.
1111
4
ARTICLE 4. GRIEVANCE PROCEDURE
1111 4.1 The grievance procedure for the EMPLOYEES shall be as prescribed by Section 308 of
the Personnel Code.
4.2 Grievances relating to performance reviews shall be limited to Steps 1 and 2 of the
established procedures.
ARTICLE 5. DEFINITIONS
5.1 "EMPLOYEE" means an individual who has successfully completed the required
probationary period and who employed on a schedule of at least 40 hours per week and
80 hours per pay period and who is subject to the terms of this agreement.
5.2 "BASE PAY RATE" means an employee's hourly pay rate exclusive of any other special
allowances.
5.3 "SENIORITY" means length of continuous service with the CITY for purposes of
promotion, transfer, layoff and recall.
5.4 "CALL BACK" means return of an employee to a specified work site to perform
assigned duties at the express authorization of the CITY at a time other than an assigned
shift. An extension of or an early report to an assigned shift is not a call back.
III
ARTICLE 6. SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the
CITY. In the event any provision of this AGREEMENT shall be held to be contrary to law by a
court of competent jurisdiction from whose final judgement or decree no appeal has been taken
within the time provided, such provision shall be voided. All other provisions of this
AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated
at the request of either party.
ARTICLE 7. WORK SCHEDULE
7.1 The sole authority for work schedules is the CITY. The normal work day for an
EMPLOYEE shall be eight(8)hours. The normal work week shall be forty (40)hours
Monday through Friday. Hours per day and days of the week may be varied if mutually
agreed between the CITY and the EMPLOYEE.
7.2 Service to the public may require the establishment of regular shifts for some
EMPLOYEES on a daily, weekly, seasonal or annual basis other than the normal 7:00
a.m. - 3:30 p.m. day. The CITY will give seven(7) days advance notice to the
EMPLOYEES affected by the establishment of work days different from the
410
EMPLOYEES normal eight hour work day.
5
7.3 In the event that work is required because of unusual circumstances such as (but not
limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no
advance notice need be given. It is not required that an EMPLOYEE working other than •
the normal work day be scheduled to work more than eight(8) hours, however, each
EMPLOYEE has an obligation to work overtime or call backs if requested unless
unusual circumstances prevent the EMPLOYEE from so working.
7.4 Service to the public may require the establishment of regular work weeks that schedule
work on Saturdays and/or Sundays.
ARTICLE 8. OVERTIME PAY
8.1 Hours worked in excess of either.eight(8) hours within a twenty-four(24)hour period
(except for shift changes) or more than eighty (80) hours within a fourteen(14) day pay
period will be compensated for at one and one-half times the EMPLOYEES regular base
pay. Overtime worked on a holiday will be compensated at the EMPLOYEE's holiday
pay plus two (2)times the regular pay rate.
8.2 Overtime will be distributed as equally as practicable based upon a list maintained by the
CITY and in consideration of any special skill requirements. Work in progress will not be
stopped merely to equalize overtime, but will continue with the crew assigned.
8.3 Overtime refused by EMPLOYEES will for record purposes under ARTICLE 8.2 be
considered as unpaid overtime worked. •
8.4 For the purpose of computing overtime compensation, overtime hours worked shall not
be pyramided, compounded, or paid twice for the same hours worked.
ARTICLE 9. CALL BACK
An employee called in for work at a time other than the employee's normal scheduled shift will
be compensated for a minimum of two (2)hour's pay at one and one-half(1 1/2) the employee's
base pay rate.
ARTICLE 10. LEGAL DEFENSE
10.1 EMPLOYEES involved in litigation because of negligence, ignorance of the laws,non-
observance of laws, or as a result of EMPLOYEE judgmental decision may not receive
legal defense by the City.
10.2 An EMPLOYEE who is charged with a traffic violation, ordinance violation or criminal
offense arising from acts performed within the scope of the EMPLOYEE's employment,
when such act is performed in good faith and under direct order of the CITY shall be
reimbursed for reasonable attorney's fees and court costs actually incurred by such
EMPLOYEE in defending against such charge.
6
10.3 An EMPLOYEE classified as Level D in the Water area will be covered by the CITY's
professional liability coverage and if, necessary, named separately in the policy.
ARTICLE 11. RIGHT OF SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of the CITY from
subcontracting work performed by EMPLOYEES covered by this AGREEMENT.
ARTICLE 12. DISCIPLINE.
The EMPLOYER will discipline employees only for just cause. Suspension, demotion and
dismissal actions shall be regulated by the Personnel Code.
ARTICLE 13. SENIORITY.
13.1 Seniority will be the determining criterion for transfers, promotions and layoffs only
when all job-relevant qualification factors are equal.
13.2 Seniority will be the determining criteria for recall when all job-relevant qualification
factors are equal. Recall rights under this provision will continue for twenty-four(24)
months after lay off. Recalled employees shall have ten(10) working days after
notification of recall by registered mail at the employee's last known address to report to
work or forfeit all recall rights.
ID ARTICLE 14. PROBATIONARY PERIODS
C O S
14.1 All newly hired or rehired EMPLOYEES will serve a twelve (12)month probationary
period.
14.2 Reclassified positions that have exhausted the twelve (12) month probationary period will
serve a six(6) month probationary period. All EMPLOYEES will serve a six month(6)
month probationary period in any job level in which the EMPLOYEE has not served a
probationary period.
14.3 At any time during the probationary period a newly hired or rehired EMPLOYEE may be
terminated at the sole discretion of the CITY.
14.4 At any time during the probationary period a promoted or reassigned EMPLOYEE may
be demoted or reassigned to the EMPLOYEE's previous position at the sole discretion of
the CITY.
ARTICLE 15. SAFETY
15.1 The CITY AND THE EMPLOYEES agree to jointly promote safe and healthful working
• conditions, to cooperate in safety manners and to work in a safe manner.
7
15.2 The City will reimburse up to 50%of the cost of a City approved purchase of prescription
safety glasses to be used during working hours,the reimbursement amount not to exceed
$70 in a two (2) year period. •
ARTICLE 16. JOB POSTING.
16.1 The CITY agrees that permanent job vacancies within the department shall be filled
based on the concept of promotion from within provided that applicants:
16.1.1 have the necessary qualifications to meet the standards of the job vacancy; and
16.1.2 have the ability to perform the duties and responsibilities of the job vacancy.
16.2 Employees filling a higher job level based on the provisions of this ARTICLE shall be
subject to the conditions of ARTICLE 14 (PROBATIONARY PERIOD).
16.3 The EMPLOYER has the right of final decision in the selection of employees to fill
posted jobs based on qualifications, abilities and experience.
16.4 Job vacancies within the designated bargaining unit will be posted for five (5) working
days so that members of the bargaining unit can be considered for such vacancies.
ARTICLE 17. INSURANCE
17.1 The CITY will contribute up to a maximum of three hundred thirty dollars ($330)per S
month per employee for group health and life insurance for dependent coverage for
calendar 1997.
17.2 By mutual agreement EMPLOYEES may use twenty-five dollars ($25.00) of the per
month per employee of health insurance dollars for dental insurance.
17.3 EMPLOYEES not choosing dependent coverage cannot be covered at CITY expense for
any additional insurance than the individual group health and group life insurance.
Additional life insurance can be purchased by EMPLOYEES at the EMPLOYEE's
expense to the extent allowed under the CITY's group policy.
ARTICLE 18. INJURY ON DUTY.
The Injury on duty benefit will be sixty (60) days with the first three (3) days to come out of sick
leave and then sixty (60) days injury on duty. Any days beyond the sixty (60) days will then be
taken from the EMPLOYEE's banked sick leave. EMPLOYEES receiving benefits under this
ARTICLE shall not receive payments from the CITY which causes the EMPLOYEE to earn
more than the EMPLOYEE's after tax take home pay earned while working.
8
•
A
ARTICLE 19. CLOTHING.
0 19.1 The CITY will provide each EMPLOYEE with one (1) winter jacket every two (2) years.
The winter jacket is to be cleaned and kept in repair by the employee.
19.2 The City will reimburse an employee up to $50/year or up to a maximum of$150 in three
(3)years toward the purchase of one pair of safety shoes of a type approved by the City.
ARTICLE 20. STANDBY DUTY.
20.1 EMPLOYEES assigned standby duty for a seven(7) day period shall be compensated at
the rate of 7 hours of overtime. When a holiday falls within the seven(7) day period, an
additional two hours at overtime rate shall be paid. Such standby pay shall be in addition
to other compensation the EMPLOYEE is entitled to under this AGREEMENT including
call back pay should the EMPLOYEE be required to return to the City to perform
emergency work.
20.2 Standby duty will be made available to employees on a voluntary basis. Employees
wishing to be assigned standby duty shall indicate their interest on a list maintained by
the CITY. Employees wishing not to be assigned to standby duty shall not be included in
the equalization of overtime under Article 8.2 and will be placed last on the callback list.
20.3 The EMPLOYEE on standby duty shall first be offered overtime for which he is
41111 qualified. If it is refused, it shall be offered to other employees in accordance with
Article 8.2 of this AGREEMENT.
20.4 In further consideration of standby duty,the CITY shall furnish a vehicle for the
EMPLOYEE to take home at his choosing during the period of standby duty.
20.5 A schedule of employees and their assigned standby duty assignment dates shall be
maintained by the Public Works Supervisor. EMPLOYEES may, with the permission of
the Public Works Supervisor,trade standby duty on a day-to-day basis with other public
works/parks maintenance employees.
ARTICLE 21. PERFORMANCE REVIEWS.
21.1 The CITY will design a performance review form with the input of the EMPLOYEES.
21.2 The CITY will perform a performance review on an annual basis to help guide the
employee in areas which need to be more fully developed and to determine the job level
to which the employee will be assigned for the next fiscal year.
21.3 Performance reviews will be prepared by each employees' supervisor. Appeals must
follow normal City personnel rules.
•
9
A
ARTICLE 22. JOB CLASSIFICATION SYSTEM.
22.1 A 4 (four) level job classification system designated as Levels A, B, C and D will be used
to classify employees and establish wages. The requirements of the 4 Levels are as
follows:
22.1.1 Public Services Worker-Level A Requirements
• High School Diploma GED, or equivalent.
• Valid Minnesota Class C Driver's License.
• Successful completion of City's physical examination.
• Demonstrated ability to meet the physical demands of the job; including,
but not limited to, lifting,bending, climbing, reaching overhead, pushing,
and pulling with out restriction.
• Demonstrated ability to read, understand, and follow written and oral
instructions including safety rules.
• Demonstrated ability to perform job responsibilities in climatic extremes.
• Demonstrated ability to perform routine repair and maintenance tasks in
the following sections: Streets, Parks, Building Maintenance, Sewer,
Water, &Vehicle Maintenance
22.1.2 Public Services Worker-Level B Requirements
• Meet or exceed all Level A requirements; and
• Successful completion of one or more years of relevant experience.
• Possession of valid Minnesota Commercial Driver's license plus
endorsements required by the CITY.
• For current Level A employees, the following areas must be satisfactory
on the most recent performance review: (For new employees coming in at
Level B these areas will be judged by their references in relevant work
experiences)
• Safe work practices and safe driving record.
• Adherence to tardiness and sick leave policies.
• Demonstrated ability to deal effectively and tactfully with the public.
• Demonstrated ability to work with a minimum of on-site supervision.
• Working knowledge of job fundamentals.
• Adherence to all City policies and procedures.
22.1.3 Public Service Worker-LEVEL C Requirements
• .Meet or exceed all Level B requirements; and
• Successful completion of 3 or more years of relevant experience.
• For employees with primary responsibility in the indicated area,the
following license/certificate will be required.
• All areas - Successful completion of a certified heavy equipment training
program or equivalent training and experience.
• Water- Class D Water Supply System Operator's Certificate
10
• Sewer- Class S D Waste Water Operator's Certificate
• Mechanic - Certification of successful
completion of trainingin brakes,
P
alignments, transmissions and driveline components, and vehicle electrical
systems; and demonstrated proficiency in welding.
• Streets - City certification in snow plowing, street patching, and
demonstrated proficiency in both.
• Parks -Basic proficiency in carpentry and plumbing demonstrated on the
job to the satisfaction of the Parks and Recreation Director.
• For current Level B employees,the following areas must be satisfactory
on the most recent performance review: (For new employees coming in at
Level C these areas will be judged by their references in relevant work
experiences)
• Working knowledge of all operations, preventive maintenance, and routine
repairs of equipment operated or assigned to operate.
• Working knowledge of methods and materials used in their areas of
responsibility.
• Demonstrated ability to work without direct on-site supervision and to
1111 make on-site decisions related to work assignments.
22.1.4 Public Service Worker-Level D Requirements
• Meet or exceed all requirements of Level C; and
• Successful completion of 5 years of relevant work experience.
• For employees with primary responsibility in the indicated area, or
temporarily assigned to an area and in responsible charge, the following
license/certificates will be required:
• Water- Class B Water Supply System Operator's Certificate
• Mechanic - Certification in computerized and electronic components,
hydraulic systems, and completed training in propane fuel systems.
• Parks -Minnesota Non-Commercial Herbicide/Pesticide Applicator
License/Certificate and completion of liability training in parks operations
(LMC Safety and Loss Control Workshop). Attendance at a workshop or
seminar related to turf management and demonstration of a working
knowledge of those principles.
• Streets - Certification of completion of training in MMUTCD signing,
111 attendance of work zone safety class, demonstrated ability to supervise
11
contract labor and perform all designated tasks of accountability, ability to
formulate preliminary division budget and maintain proper budgetary
expenditures and completion of liability training for public works
operations (LMC Safety and Loss Control Workshop) 1110
• Sewer- Class S-C Waste Water Operator's Certificate. Demonstrated
ability to effectively and efficiently operate jet truck for clearing sewers
and cutting roots and inspection unit. Attendance of combined space and
competent person seminar. Ability to formulate preliminary division
budget and maintain budgetary expenditures.
• Multiple Areas -Employees who meet the requirements for Level C
classification in 3 or more areas; and must be normally assigned to these
areas on a regular basis; irrespective of standby duty. Employees
achieving Level D classification for skill in multiple areas must make
substantial effort on an annual basis to receive the training and achieve
required licensing for Level D in the area to which they are primarily
assigned.
• For Level C employees,the following areas must be satisfactory on the
most recent performance review in order to be classified as Level D.
• Demonstrated ability to lead a work crew.
• Demonstrated ability to assist in scheduling other employees, materials,
equipment and activities.
• Demonstrated ability to assist in training of other employees.
• Working knowledge of operations in all departments.
• Demonstrated ability to assume supervisory duties in the absence of the
Public Works Supervisor.
• Demonstrated ability to respond to and resolve complaints effectively.
ARTICLE 23. SEVERANCE
23.1 Severance pay shall be granted in the amount of fifty percent(50%) of the maximum
accrual of one hundred and twenty (120) days of unused sick leave to employees who
have completed ten years of service. Upon death of the employee, the beneficiary of the
employee shall be paid the benefit.
23.2 Employees who have completed ten years of service and retire may elect, in lieu of
severance pay as provided in Section 23.1, to have the employer use sixty five percent
(65%) of the employee's accumulated and banked sick leave for the retiree's group
insurance premium for as long as the funds are available up to the retiree's 65th birthday.
ARTICLE 24. WAGES.
S
12
24.1 The following wage schedule will be in effect from the first payroll period in 1997
through the last payroll period in 1997.
111 1997 (3%)
LEVEL A $ 11.89 per hour
LEVEL B $ 13.96 per hour
LEVEL C $ 16.17 per hour
LEVEL D $ 16.50 per hour
24.2 An EMPLOYEE classified in Levels B through D will receive wages listed for that level
regardless of the area to which they are assigned, but will receive no less than the level to
which they are classified.
ARTICLE 25. INTERMI IT ENT LEAD WORKER
25.1 Under certain circumstances, the Public Works Director as well as the Parks and
Recreation Director may determine the need for an Intermittent Lead Worker to be in
charge of a work crew. This determination will be made at the discretion of the Public
Works Director as well as the Parks and Recreation Director and may be based on the
complexity of a task,the number of workers involved, the experience level of the workers
assigned, or a combination of these factors. The determination of the Public Works
Director as well as the Parks and Recreation Director is final and not grievable.
ill 25.2 The CITY will maintain a sign-up list for those EMPLOYEES who are to be considered
for Intermittent Lead Worker assignments. Selections for Lead Workers will be made
from this list in accordance with the Public Works Director's determinations of the best
qualifications. There will be no attempt to equalize distribution of Intermittent Lead
Worker selections.
25.3 To be eligible on the sign-up list an employee must be classified as a Public Services
Worker- Level D. Selections will be only for those areas in which the individual is
classified.
25.4 The Lead Worker will receive a pay differential of$0.50 per hour while assigned as the
Lead Worker.
ARTICLE 26. DEPARTMENT LEAD DESIGNATION
An employee who has been designated by the City to be Department Lead shall receive $1.00 per
hour additional compensation.
ARTICLE 27. DURATION.
This AGREEMENT shall be effective as of January 1, 1997 and shall remain in full force and
• effect until December 31, 1997.
13
IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on this 10th day
of February, 1997.
CITY OF MOUNDS VIEW: •
Mayor
City Administrator
EMPLOYEES:
Steve D. Dazenski
Lawrence Decheine
William G.Hanggi
William G. Hanson
Gary G. Kardell
Wallace R. Mortenson
Wienke
Jeffrey W
Timothy Fredberg
•
Item No. g F
Staff Report No. 9'7- /%7 c...
MeetingDate: February 10, 1997
III Type of Business: C.A.
Work Session;PH:Public Hearing;
nsent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Chuck Whiting, City Administrator
From: Michael Ulrich, Director of Public Works
Item Title/Subject: Award of bid for Well Head Maintenance
Date of Report: February 5, 1997
Staff received sealed bids for City Projects 97-1 Well#3 maintenance and 97-2 Well#5
maintenance. The results of the bid opening are as follows:
Well#3 Well#5
Alberg Water $14,409.00 $10,666.00
Keys Well $14,972.00 $11,470.00
E.H. Renner $18,235.00 $13,214.50
Thein Well $18,244.00 $13,975.00
Bergerson $18,486.00 $14,210.00
Traut Wells $18,627.00 $14,068.00
IIIStaff is recommending award of both projects to Alberg Wells. Staff is also recommending
upgrading the line shaft of the wells to stainless steel and installation of Drexelbrook draw down
gauges. The stainless steel upgrade will allow for better balancing of the entire pump which will
result in less wear of the bearings, pump section and motor. Stainless steel line shafts can also be
used 3 to 4 times longer than carbon steel shafts which will also reduce future expenses for well
maintenance. The Drexelbrook drawn down gauges will provide valuable accurate information on
the condition and water pumping level of the City's wells.
Including these two alternatives will increase the amount of both well projects. The final
anticipated expense for well#3 will be $19,627.00 and $13,916.00 for well#5. Staff would also
request authorization for the Director of Public Works to sign all change orders not to exceed
10% for the combined projects. Due to circumstances beyond staff's control a well maintenance
project was not performed in 1996. Staff is requesting a transfer of$15,000.00 from account no.
700-4123-516 Infrastructure Maintenance in the 1996 budget, to the same account in the 1997
budget. The 1997 budgeted amount for this project is $15,000.00.
Staff is also requesting authorization and transfer of$3,350.00 from the Water Contingency
account no. 700-4123-910 for the additional expenses. (The balance of the contingency account
for future unfunded and or unforeseen expenditures will be $11,650.00.) The $3,350.00 would be
transferred to Water Infrastructure Maintenance account no. 700-4123-516 and would include a
40 total expenditure of$36,793.00.
City of Mounds View Staff Report •
February 5, 1997
Page 2
ill
Should any additional unforeseen repairs be required above the approved amount, staff will inform
you of those.
s�--,
ael Ulrich, Director of Public Works
RECOMMENDATION: Council award City projects 97-1 and 97-2 maintenance of wells 3 and
5 to Alberg Water for $19,527.00 and $13,916.00 respectfully, authorize the Director of Public
Works to sign all change orders up to 10% (3,350.00) of the total project ($33,443.30), transfer
to Water Infrastructure account no. 700-4123-516, $15,000.00 from the same account no. in the
1996 budget, and $3,350.00 from Water Infrastructure Contingency account 700-4123-910 for
the additional expenses.
III
1
•
Item No. 6&
Staff Report No. 97- /q(8'_
Meeting Date: February 19, 1997
Type of Business: C.A.
WK•Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Chuck Whiting, City Administrator
From: Michael Ulrich, Director of Public Works
Item Title/Subject: Hiring of Mechanic Position
Date of Report: February 5, 1997
Staff has interviewed five applicants for the position of City Mechanic. It is staff's
recommendation that an offer of employment be offered to Woodrow L. Kocurek, Jr. Mr
Kocurek is currently employed with the City of Eagan as a mechanic.
Staff is recommending the following wage schedule for Mr. Kocurck
Starting salary 85% of scale ($16.50 per hour) $14.03 /hour
90% of scale after 3 months $14.85 /hour
95% of scale after 6 months $15.68 /hour
100% of scale after 12 months $16.50/hour
• All of the adjustments in the schedule are assuming Mr. Kocurek performance is judge
satisfactory. As standard procedure, the recommendation of this offer of employment is
contingent upon successful completion of a physical, alcohol and drug testing and back ground
reference cheeks.
/ 4
111
ch e Ulrich, irector of Public Works
RECOMMENDATION: Council approve the hiring of Woodrow L. Kocurek, Jr. with a
aforementioned salary schedule and contingencies specified.
S
Item No. S H
Staff Report No. 97'moqe,
Meeting Date: February 10, 1997
Type of Business: CA
WK: Work Session;PH:Public Hearing;
CA: Consent Agenda;CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and members of the City Council
From: Bruce A. Kessel, Finance Director
Item Title/Subject: Retainer for legal fees
Date of Report: February 5, 1997
At the present time, the City has a contract with Hughes and Costello for services performed as
our prosecuting attorney. The contract is for$3,000 per month, including expenses.
For other legal services, the City has used a variety of firms, with Kennedy and Graven being the
firm most often used. Over the past year, legal fees for such services with Kennedy& Graven
have varied from less than two thousand to as high as eight thousand per month, with the total
cost for services performed in 1996 being approximately$67,000. Due to issues facing the City
in the next year, it is anticipated that there will continue to be a need for legal advise, and as
such, it has been proposed that the City enter into a contract with Kennedy and Graven under
which the City would pay a monthly retainer of$3,000 per month which is based upon a regular
• billing rate of$100 per hour, and other specified services would be billed at rates from$115 to
$125 per hour. -
Staff feels that our relationship with Mr. Long and Kennedy & Graven should be confirmed by a
written agreement and feels that the proposed agreement sets forth terms that will be in the best
long term interest of the City. The staff wishes to be able to continue to use, on a limited basis,
some of the other attorneys such as Mr. O'Meara of Briggs & Morgan since they have a working
knowledge on some areas such as TIF, but our goal is to consolidate the non-prosecuting legal
work with one firm as much as possible to improve the level of service, and to minimize
potential conflicts and higher fees by having two or more legal firms involved in reviewing and
providing legal advise on the same topic. Staff feels that Mr. Long is very responsive and
addresses the concerns of the staff and the City.
Recommendation:
Approve the proposed contract (contract distributed with the February 3 work session report)
with Kennedy & Graven for legal services effective for services performed on or after January 1,
1997.
Bruce A. Kessel
0 Finance Director
RESOLUTION NO. 5087
1110
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION ESTABLISHING THE TERMS FOR THE CITY ATTORNEY'S
RETAINER AGREEMENT
WHEREAS, the City should clarify a working relationship with Kennedy and Graven as
City Attorney; and
WHEREAS, the City, and Kennedy and Graven should agree to costs as outlined in the
agreement as dated January 3, 1997, from Robert Long, City Attorney; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds
View approves the terms as described in the January 3, 1997 agreement and authorizes the Mayor
and City Administrator to sign on behalf of the City of Mounds View, effective February 1, 1997.
Adopted this 10th day of February, 1997
•
ATTEST:
Mayor McCarty
(SEAL)
City-Clerk Administrator, Charles S. Whiting
S
Item No. g.L
Staff Report No. r-1 gIt) C--
Meeting
Meeting Date: 2/10/97
Type of Business: Consent Agenda
•
WK: Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Pamela Sheldon, Community Development Director
Item Title/Subject: Appointment of Planning Commission Chairperson
Date of Report: February 6, 1997
Summary:
The Mounds View Municipal Code provides that, "based upon the recommendation of the
Planning and Zoning Commission, the Mayor, with approval of the City Council, shall appoint a
chairperson" to the Planning Commission(Section 401.02. Subd. l.a.). At its meeting on
February 5, 1997, the Planning Commission recommended by a unanimous vote of 6-0 with one
abstention, that Jerry Peterson be appointed as chairperson.
Recommendation:
Appoint Jerry Peterson as chairperson of the Planning and Zoning Commission for 1997.
1A (At•
Pamela Sheldon, Community Development Director
C:\OFFICE\WPW1N\WPDOCS\CITYCOUN\REPORTS\PCCHAIRREP
•
a
- Item No.
Staff Report No. rJ / Z, C
Meeting Date: 2/10/97
III Type of Business: Council Business
WK::Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
Ci of Mounds View Staff Report
To: Mayor and City Council
From: Pamela Sheldon,Community Development Director
Item Title/Subject: Status Report on Pedestrian Bridge Over Highway 10
Date of Report: February 6, 1997
Summary:
At the City Council work session on February 3, 1997, staff provided a status report on the
pedestrian bridge across Highway 10 at the Long Lake Road intersection. City Council directed
that this item be placed on your agenda for the February 10 regular meeting. The background
information provided at your February 3 meeting is included as an attachment. This report begins
with a general overview of points the City Council may want to consider in its discussion of this
project, and some additional information on costs.
Approach to Discussion of the Project:
Allowing for Public Involvement: There was an indication at the Council work session that
proceeding with construction of the pedestrian bridge may be under reconsideration,and that a
41110 decision relative to the bridge could occur at the February 10 City Council meeting. Staff would
recommend that no action be taken on February 10,and that City Council continue this item to
February 24 to provide sufficient time for interested citizens to be informed that the pedestrian
bridge is to be a topic of discussion so they can be present and offer input. It is staff's
understanding that there were a number of meetings on this project before the decision was made
to build the pedestrian bridge. We are concerned that a change in the project not be made without
giving citizens an opportunity to be a part of the process.
Maintaining Community Enthusiasm: Regardless of whether the project is a pedestrian bridge or
community center or a code enforcement program, community projects of this type usually surface
because of enthusiasm among a group of residents for an idea which they view as an asset to the
community, i.e. a project which will improve the quality of life. There may be different opinions
among the larger citizenry about the project. At some point, a decision is made whether to do the
project. City Council may want to consider the effect on community expectations and enthusiasm
if, over time, decisions made on these types of projects go back and forth between proceeding and
not proceeding. What happens to the credibility between the community and the Council?
Perhaps one way to avoid this situation is to put in place a decision-making process which focuses
less on individual feelings of liking or not liking a project, and asking such questions as:
• What will the project do for the community?
• Under what circumstances would the project be acceptable?
• What other projects will not be done, if this project goes forward?
• What priority should be given to this project in the larger scheme of civic needs?
41) Framing the Issue:A pedestrian bridge offers the opportunity to create a connection over
Highway 10 for pedestrians and bicyclists between the north and south halves of the community,
City of Mounds View Staff Report
Highway 10 Pedestrian Bridge
February 6, 1997
Page 2
and between various community facilities such as schools,parks,the Ramsey County library and
shopping centers,which does not now exist. It would add to the City's trailway system. It would
be a landmark. The pedestrian bridge project offers the City the opportunity to receive grant
funding from an outside source(federal transportation funds)to pay for 80% of the cost of the
bridge construction($480,000) in exchange for the community contributing 20%of the
construction cost($120,000)and an additional amount to cover engineering design and
inspections which have been estimated at$70,000. There have been some additional costs
identified since the grant application was prepared, and we have obtained more information on
costs since our last report. Sources of funds have been identified for most of the costs not covered
by the federal grant; sources have been suggested for the remainder. This information is presented
under"Costs and Funding Sources"later in this report.
There has been demonstrated community interest in having a pedestrian bridge, and it is regarded
by those who have supported the project as a community improvement. Steps were taken to
acquire grant funding for a specific bridge project,to locate where the bridge should be built,to
select a design and retain consultants to prepare plans for the bridge, and to identify local funding
sources for the City's share of the project cost. It appeared evident at the work session that there is
now some question whether to proceed with the pedestrian bridge project. We assume there are
concerns with aspects of the bridge project or it would not now be an issue.
We would suggest the questions listed below as a springboard for the discussion on the pedestrian
bridge, and as a way to define the concerns so conclusions may be reached as to the feasibility and
desireability of the project. Other questions could be asked. City Council is faced with a situation •
where a project is already underway,and the construction contract for the project must be let by
October in order for the City to remain eligible for the grant funds. The project is on schedule at
this time. Questioning and then changing the location or design of the bridge will probably make
it impossible to meet the time schedule.
Staff would suggest that City Council concentrate first on items which could be changed and still
keep the project on track,to see if those changes answer the concerns of the Council and allow the
current direction to be continued. These items relate most to cost and sources of funding. The
City Council can certainly delve into other aspects of the project in you so choose, but it is
necessary to keep in mind that if the time schedule is not maintained, the opportunity presented by
the federal grant funds and the financial feasibility of the project may be lost.
Is there a concern about:
1. The amount of the local share? How much would be an acceptable amount?
2. The sources of funds being used to pay the local share? If the sources were different,
would there still be a concern? What sources would be acceptable?
3. The amount of traffic the bridge will carry?
4. Ongoing maintenance costs?
5. Under what circumstances, would the bridge be an acceptable project? Can these
circumstances be achieved?
6. What opportunities are gained and lost if the project is done? not done?
Costs and Funding Sources
1111
Attached you will find a chart with the latest estimate on the actual bridge construction. It
amounts to $589,887 which includes construction cost, grading, landscaping, mobilization and
City of Mounds View Staff Report
Highway 10 Pedestrian Bridge
February 6, 1997
40 Page 3
temporary traffic control. These costs would be covered by the grant funds and the local match
(80%federal,20% local). City Council Resolution No. 4843 allocated$190,000 to cover the local
match, bridge design and inspection,and contingency as follows:
Federal Local Source of Local Funds
Bridge Construction $471,910 $117,977 Franchise Fee $82,642
Bridge Design&Inspection $ 65,000 Special Projects Fund $41,558
Contingency $ 7,023 General Fund $31,000
$190,000 Street Light Fund $25,000
Activity Fund $10,800
$190,000
Other costs identified in our earlier report included acquisition of easements and the redesign of the
drainage pond at the corner of Long Lake Road and Highway 10. Items which have come to our
attention since February 3 include utility modifications and undergrounding and traffic signal
modifications,based on a meeting held between the consultant,NSP and MnDOT. An argument could
be made that these items benefit the Highway 10 corridor as well as the bridge, and could be paid from
the TIF funds which have been allocated to Highway 10. Suggested sources of funds for these items
are noted below.
Easements $3,849 (1) Contingency or TIF-Hwy 10 funds(?)
Design work on drainage pond alternatives $7,600 Surface Water
• Improvements to drainage pond $33,900 (2) Surface Water
Utility Modifications;Undergrounding $30,000 TIF-Highway 10 funds(?)
Traffic Signal Modification $10,000 TIF-Highway 10 funds(?)
Sidewalk Connections;Additional Landscaping (?) Park Improvement funds
$85,349
(1) Total cost of easement is not known at this time. Amount noted is total of legal bills received to date.
(2) Of this amount,$30,000 is for construction and$3,900 for design work.
The amount of money in the TIF-Highway 10 account for 1995-1997 is$680,775. The suggested amount to
be paid from this account is$43,849,based on the above list.
Total costs are approximately$750,000 based on the information known at this time. The amount
which has been expended to date is approximately$55,168.
Recommendation: Continue the discussion of this item to February 24, 1997 and direct staff-to
publicize that this item will be on the agenda. Indicate to staff what additional information is
needed by City Council for your next discussion of this item.
Pame'I( kilkALttn -
a Sheldon, Community Development Director
cc: Mary Saarion,Parks&Recreation Director
Mike Ulrich,Public Works Director
Russ Nordstrom, 2536 W. County Road H2,Mounds View MN 55112
C:\OFFICE\WPWIN\WPDOCS\SPECPROJ\HWYBRIDG\CCMEMO.3
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February 5, 1997
To: Mounds View City Council, Mayor, and City Administrator
I am writing to express my strong support of a pedestrian bridge over Highway 10.
I was deeply concerned by the decision to put this to a vote before the council
without giving the community time to be adequately notified and to express their
opinions. Especially since most of us were under the clear impression that this
pedestrian bridge was a "done deal".
As a parent, I have crossed Hwy 10 on bicycles with my two children and have
been very concerned for my children's, as well as my own safety. There is a blatant
disregard for pedestrians and bikers by drivers. For our own safety, we were made
to wait for drivers turning right on red while we crossed with a green light and
walk signal.
As a school district employee, I stand at the corner of County Road I and Quincy
each morning and afternoon with the Pinewood Walk Patrol. Every day I see
drivers ignore the patrol flags and drive in the path of children crossing the street.
This is in a marked school zone with an adult watching them with a clipboard to
write down license plate numbers, four students with bright orange vests and
patrol flags situated at each corner, and probably a tenth of the traffic that is
• experienced by Highway 10. There have been children struck by cars at this
intersection, one boy was hit this fall. I cannot be convinced that crossing
Highway 10 can be a safe situation for the children, or adults, of Mounds View
and neighboring communities.
Our community is divided in half by Highway 10. Edgewood and Irondale
students are divided by this highway. We have a library that isn't safe for half the
community to get to without an adult driver. We may soon have a 16 screen
movie theater that children will want to visit. There are gorgeous bike trails that
could be accessed much more safely by this bridge.
Will everyone use the bridge?? Probably not, but you can be sure that our family
will. The safety of my children as well as their friends and the students I work with
each day is certainly worth the expense.
Thank you for considering this letter.
Joan Magnuson ) ��
2824 Bronson Drive
Mounds View, MN 55112
786-7173
111
To: Mounds View City Council February 6, 1997
III/
Fax * 784-3462
From: Julie Naylor
5302 Jackson Dr.
Mounds View, mn. 55112
780-4050
I am unable to attend the City Council meeting on Feb. 10th, but would
like to voice my opinion regarding the pedestrian bridge over highway 10.
YES! ! It's really needed! ! I have one child at Irondale this year and
another that will be attending Edgewood next year. Both schools, and their
activities are on •the other side" of Mounds View. There are also many friends
that live across the highway. As it is now, I don't feel comfortable with them
crossing the highway on foot or bike, it's just too dangerous.
1111
Please, Please . .build the Bridge! ! ! ! Summer activities and sport practices are
fast approaching, it would be great to feel comfortable sending them on their
bike across the highway.
Thank you,
PkiaL-,,---1(1--62 )
J - Naylor
1111 1
ATTACHMENT 1
IIIBackground:
History of Grant Application:
For many years there has been discussion regarding the fact that Highway 10 cuts the City in half.
Safe accessibility between the two halves is restricted. Movement to and from destinations such
as schools, parks, the library, businesses and restaurants is difficult especially for senior citizens
and youth who walk or ride bicycles, as opposed to driving. There have been discussions for
some time about building a bridge across Highway 10 to improve access for youth and all walkers
and bicyclists. The cost of construction, however, was viewed as way beyond the city's ability to
pay.
In 1992, City Council formed the Trailways Advocacy Group (TAG)to design a bicycle trailway
system throughout the Mounds View community which would link to neighboring city and county
trails, in an effort to create a coordinated system through St. Paul, Minneapolis and the northern
suburbs (Resolution No. 4227). In addition, the TAG worked to design a trailway system within
Mounds View which would connect various destinations within the community and provide safe
access for walkers and bicyclists. Highway 10 continued to be a stumblingblock to creating this
system. No matter where the TAG proposed to make a crossing, the dangers of the highway
persisted. The TAG discussed building a bridge and suggested that if funding could be found,
. they would recommend that the City proceed with this project to improve accessibility throughout
the community.
In 1991, Congress passed the Intermodal Surface Transportation Efficiency Act (ISTEA)which
provided funding for transportation improvements. ISTEA required, however, as a condition of
funding, that state and local governments analyze and plan for transportation needs in a more
comprehensive way. Attention was to be given not only to streets and highways, but also to
transit and trailways. The types of funding available encouraged alternatives to vehicular travel,
including the construction of trailways and pedestrian bridges. On March 28, 1994, the Mounds
View City Council approved the submittal of a grant application under ISTEA for construction of
a pedestrian bridge over Highway 10 at Long Lake Road. The grant application was submitted
on March 30, 1994 and approved for the 1996-1997 funding cycle. The amount of the grant was
$480,000.
Selection of Consultant; Bridge Design
The City Council authorized a request for proposals being issued, and six firms submitted
proposals. The firms were interviewed by a six-person panel of staff members and a City Council
representative, and BRW was recommended to City Council for selection. City Council agreed
with this recommendation and then appointed a citizen task force to work with BRW to select the
location and design of the bridge. The crossing at Long Lake Road was recommended since there
is a trailway system and sidewalk along the full length of this road from north to south through the
community and it is approximately at the center between the east and west boundaries of Mounds
0
View. In addition, the Ramsey County library is near this intersection, and Long Lake Road is a
City of Mounds View Staff Report
Highway 10 Pedestrian Bridge111111
January 27, 1997
Page 2
primary route for school children going to Edgewood Middle School and Irondale High School.
A bridge at this location would give access between Wildwood Manor, a senior citizen housing
development, and the Mounds View Square Shopping Center.
The citizen task force recommended a spiral design rather than the original switchback design
submitted with the grant application(see attached diagram). The switchback design would have
involved long ramps on both sides of the highway. Along the Mounds View Square frontage, they
would have blocked views of the shopping center from the highway and interfered with access. It
was also questionable whether people would use the bridge if the access points were at the end of
long ramps far from the intersection. The spiral design was considered much more graceful,
attractive and functional. This design did'require, however, getting easements from the property
owners on both sides of Highway 10 and dealing with an existing drainage detention pond on the
Mounds View Square property. Sabri Ayez, representing BRW, presented the spiral design to
City Council which was approved as the preferred design.
Funding and Budget:
The grant funds 80% of the project construction costs, with the community paying 20% of
construction costs plus engineering and inspection costs. Resolution No. 4843 was passed by •
City Council on November 13, 1995 which identified the following funding sources to pay the
City's share of bridge costs:
Franchise Fee $ 82,642
Special Projects Fund $ 41,558
General Fund $ 31,000
Street Light Fund $ 25,000
Activity Fund $ 10,800
$190,000
These funds were to be used as follows:
Match Funds for Grant $120,000
Engineering Design and Inspection Costs $ 65,000
Contingency $ 5,000
$190,000
Tasks in Progress
1. Acquisition of Easements: Easements have been obtained from Wildwood Manor and
from Ramsey County to allow construction of the bridge abutments on the south side of
4111
City of Mounds View Staff Report
Highway 10 Pedestrian Bridge
January 27, 1997
Page 3
Highway 10. These easements were obtained at no cost. In September, 1996, it was
unclear whether the owners of the Mounds View Square Shopping Center would be
willing to grant an easement for the bridge abutments on the north side of the highway.
The City and the property owner were in the middle of considering a variance request
which would allow Mounds View Square to exceed the usual sign code requirements to
compensate for the visual obstruction created by the bridge. The property owner did not
feel they could grant the easement until they knew the outcome of the variance request.
BRW advised us that we needed to get the easements before the end of 1996. Because of
this deadline, the City Council passed Resolution No. 5009 initiating eminent domain
proceedings to obtain the easement, as insurance to make sure the City could demonstrate
to MnDOT we had the easements needed to build the bridge.
Since then, the property owner has gotten approval for the variance request and has been
cooperative in proposing an agreement which is expected to shorten the eminent domain
proceedings and save the City costs. Obtaining the easements is being handled by the
"quick take" procedure under Minnesota State Law. The next step is a hearing before the
court on January 29. If the judge signs orders approving the taking of the easement, he or
• she will refer the matter to a panel of three commissioners to determine the value of the
easement and how the property owner is to be compensated. Our attorney expects the
commissioners to selected by the second week in February. A hearing will be held two
weeks later after the property has been viewed by the commissioners, approximately at the
end of February. It is possible that the commissioners would make an award at the
viewing, but if not, an award could be made at the hearing if there is agreement on the
determination of value. Meanwhile, our attorney is working on stipulations which would
award the easement for $10.00 by agreement with the property owner. To date, the legal
costs to deal with the easement on Mounds View Square property have been
approximately $2,850. (correction: $3,849; additional bill found)
2. Preparation and Approval of Bridge Design: The preliminary design for the bridge has
been submitted to MnDOT and comments have been provided to BRW. They expect to
submit the formal design by January 31. To date, the design costs incurred by BRW have
been approximately$31,750. (correction: $43,719; bill received since last report)
3. Resolution of Drainage Issues: On September 3, 1996, the City Council discussed
several options for dealing with the detention pond with City Engineer Rocky Keehn. The
options are listed below:
1 - Sump manhole; no surge manhole $20,000
2 - Sump manhole; with surge manhole $27,000
• 3 - New pipes; no surge manhole $88,500
City of Mounds View Staff Report
Highway 10 Pedestrian Bridge •
January 27, 1997
Page 4
4 - New pipes; with surge manhole $95,500
5 - Bury storage including retention storage $165,000
6 - Bury storage including no retention storage for sumps $233,000
7 - New storm sewer $139,000
8 - Do nothing $40,000
City Council directed that Option#2 be pursued and authorized a budget of$30,000 for
construction plus $3,900 for design. This option would leave the pond in place but
replace the material in the bottom of the pond so the water percolates into the ground
more quickly. It also involves installing a sump manhole and surge manhole. It was
expected that the cost would be paid from the Surface Water fund. To date,
approximately $7,600 have been spent on engineering and development of alternatives,
also from the Surface Water fund. This amount was not part of the $33,900 authorized by
City Council on September 3.
The City Engineer has indicated that they have about 1-2 days worth of work to complete
the redesign of the detention pond to incorporate Option#2.
4. Construction Bidding and Award Completion of Bridge •
* * * * *
To date, the City has expended approximately$42,000 in engineering design and legal eogr, 1s_
unknown what the cost of the easement on the north side of the highway will be until the
commissioners handling the eminent domain proceedings determine a value. The final cost on
redesigning the detention pond so it remains in place but accommodates the bridge will be
available once the final design is completed.
•
Item No. II
Staff Report No. q7- 1671
Meeting Date: 2/10/97
S Type
of Business: CB
Session;PH::Public Hearing;;
Agenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: James Ericson, Planning Associate
Item Title/Subject: Consideration of Ordinance 588, an Ordinance Amending Chapter 1124
of the Mounds View Zoning Code Relating to the Location and Design
of Wireless Telecommunication Facilities within the City of Mounds
View; Planning Case No. SP-001-96.
Date of Report: February 6, 1997
Summary:
On January 27, 1997, the City Council approved the first reading of Ordinance No. 588, relating
to the location and design of wireless telecommunications facilities within the City of Mounds
View. At this meeting, there was some discussion pertaining to federal preemptions. The City
Attorney has advised staff that the ordinance does not need to be changed based on his research
to date. He will continue to research the issue of federal preemption prior to your meeting and
advise City Council if revisions are needed. Staff sent a copy of the ordinance to Randy Thorsen
of SEH Consultants(the City's engineering consultant)who also recommended making no
changes to the ordinance. Mr. Thorsen indicated that the ordinance covers the essential topics
and was well-written. He supported the requirement that plans be prepared by a registered
engineer.
There have been no changes to this ordinance since your last meeting, other than to remove the
grey shading that had indicated changes from the January 13th draft.
Recommendation:
The Planning Commission, on a unanimous vote, and the staff recommend adoption of Ordinance
588, an ordinance amending Chapter 1124 of the Mounds View Zoning Code relating to the
location and design of wireless telecommunication facilities within the City of Mounds View.
Adoption of a zoning ordinance requires at least a 4/5 vote of the full council By a roll call vote.
James Ericson, Planning Associate
S Attachments:
1. Ordinance No.588
2. Planning Commission Resolution 491-96
N:\DATA\USERS\JIME\SHARE\TOWERCC.RPT
W
ORDINANCE NO. 588
CITY OF MOUNDS VIEW 110
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1124 OF THE MOUNDS VIEW ZONING
CODE RELATING TO THE LOCATION AND DESIGN OF
WIRELESS TELECOMMUNICATION FACILITIES
WITHIN THE CITY OF MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1: Section 1124.01 of the Mounds View Zoning Code is hereby amended to
read as follows:
1124.01: - • Y: . .•1.0 . 1 '• • . •• • • II 1 .1 • . 1 • • • 71 .1 • •
CC . „
• I • i 1 • . • • , . " . , • •• • • • I V • • .
PURPOSE: The zoning regulation of wireless telecommunications facilities is
intended to provide for the appropriate location, development and installation of
telecommunications towers and antennae within the City of Mounds View("City"). The 111
provisions of this Code are intended to protect the health, safety and aesthetic concerns of the
community by minimizing the adverse visual effects of towers and antennae through careful
design, siting and screening; by avoiding potential damage from tower failure to adjacent
properties through structural standards and setback requirements; and by maximizing the use of
existing towers, structures or buildings to accommodate new telecommunications antennae in the
C
SECTION 2: Section 1124.02 of the Mounds View Zoning Code is hereby amended to
read as follows:
1124.02: • ..• ' . _ .
.S. • = . - .. . • . • . . . .
.. •.1 '. .1 . . . • •11 • 1 •• • 11 _ •1 . •• • ..
Planning Comnrissiun is in the process of rcviewiiig the-appropriate zoning fur the establishment
• •• • , . • • • • • • •• . • 1 •.1 •••1 • I • 1 . •• ••
(liereinaftvi "Tawurs and Antennas"), including T-owers and Antennas fui cellular, personal
• .. ..
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Ordinance 588
411 January 27, 1997
Page 2
frequencies has resulted in the increased requests to locate Tower and Antennas within the City;
.1 I I • • . . 1 .A• . I • .
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DEFINITIONS: The following words and terms, for purposes of this Chapter,
shall be defined as follows:
Subd. 1. ACCESSORY EQUIPMENT STRUCTURE: A building or cabinet-like structure
S located adjacent toor in the immediately vicinity of, a wireless telecommunication tower
or antenna to house equipment customarily incidental to the receiving or transmitting of
wireless broadcasts, cellular telephone calls, voice messaging and paging services.
Subd. 2. ANTENNA: Equipment used for transmitting or receiving radio frequency signals
which is attached to a tower, building or other structure, usually consisting of a series of
directional panels, microwave or satellite dishes, or omnidirectional"whip" antennae.
Subd. 3. ANTENNA, STEALTH: Wireless telecommunication antenna designed to blend
into the surrounding environment or integrated into the physical structure to which it is
attached.
Subd. 4. BASE TRANSCEIVER STATION: Equipment that provides the link between_
wireless communications and land-based public telephone switching networks,including
radio frequency transceivers, back-up power sources, power amplifiers, and signal
processing hardware, typically contained in a small building or cabinet.
Subd. 5. CO-LOCATION: The location of wireless telecommunications equipment from
more than one provider on one common tower, building or structure.
Ordinance 588
January 27, 1997 •
Page 3
Subd. 6. TOWER: Any ground-mounted. pole, spire. structure or combination thereof,
including supporting lines, cables, wires, braces and masts, to which a
telecommunications antenna is attached or affixed.
Subd. 7. TOWER. LATTICE: Three- or four-legged steel girdered structures typically
supporting multiple communications users and services generally ranging from 60 to 200
feet in height.
Subd. 8. TOWER. MONOPOLE: Single pole design, approximately three feet in diameter
at the base narrowing to approximately one and a half feet at the top, generally ranging
from 25 to 125 feet in height.
Subd. 9. UTILITY POLE: Pole used to support essential services such as power,
telephone. or cable TV lines; or used to support street or pedestrian way lighting, typically
located in public right-of-ways or boulevards.
Subd. 10. WIRELESS TELECOMMUNICATION SERVICES: Licensed or unlicensed
wireless telecommunication services including cellular. digital cellular, personal
communication services (PCS). specialized mobile radio (SMR), enhanced specialized
mobile radio (ESMR), commercial or private paging services, or similar services marketed
or provided to the general public.
SECTION 3. Section 1124.03 of the Mounds View Zoning Code is hereby amended to
read as follows:
1124.03: - • • . '• . • . • , • . • •
Towers and Antennas within the City is established. During-the term of the moraturitun, no
. . . 1• • '. . 11 .1 .1 • _ . .1 . II • •.1, ..' •' _ • , , .1 • . • 1 .1 •
• • . • • .1 • • • • • •• .11 • • . . • • .1 1 11 : • 1 1 •
• • •• 1 .11 • . • J .1 • •• • •.1 • .1 • • • •1 • . • • ••• - • ' •
I 1 • • ••• .11 • • I • I ' • • • • • '• • • •• .1 •.
•
'• 1 .A ••• 11 I •I •• . • • • . • ,• - ,, • -• 1 .A
.1 1 • • .1 • .• , • 1 , • • , • • • I • • • , 1 .• 1 : 1, 1111• _ 11 , • • ,
wires, braces, aid iltaStS, hiteildcd pihltaiily for the purpose of moaatingTowers and Antennas or
'1 11 .1 . . ..1 • . . .. • a . . , . •• •• • • • •' ••' • • I .1 ••'
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. • . .. . • • • '• .51 • . .• • • • • .
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9 / .1 • • . • • •.1 • ' • • '• • : '• • • • I • •• •1
410
Ordinance 588
111 January 27, 1997
Page 4
1124.03: ALLOWANCE FOR TOWERS AND ANTENNAE BY ZONING
DISTRICT:
Subd. 1. Permitted Uses, All Districts: Wireless telecommunication towers and antennae shall
be allowed in any district as a permitted use only as provided below:
a. Water Tower: Wireless telecommunication antennae shall be permitted upon City-
owned water towers provided the applicant has an approved lease agreement with
the City and has obtained a building permit from the City and paid all applicable
permit fees.
b. Co-location on Existing Towers: Wireless telecommunication antennae shall be
permitted to be attached to existing towers within the City in accordance with the
applicable siting guidelines and design criteria in Section 1124.04, after the
applicant has provided to the City a written statement of approval from the tower
owner or lessor and has obtained a building permit from the City and paid all
applicable permit fees.
c. Utility Poles: Wireless telecommunication antennae shall be permitted to be
attached to utility poles after the applicant has provided a written statement of
. approval from the utility pole owner or lessor and has obtained a building permit
from the City and paid the necessary fees. The height of the antennae shall not
exceed ten (10) feet and shall not extend more than six(6) feet above the pole.
Subd. 2. Conditional Uses, Specific Districts: Wireless telecommunication towers and antennae
shall be allowed with the approval of a conditional use permit in the zoning districts
specified in the table below and in accordance with the co-location requirements stated in
Section 1124.04, siting requirements and design criteria stated in Section 1124.05, and the
procedural requirements stated in Section 1124.06. The procedure for review and action
on conditional use permits shall be as stated in Section 1125.01. Conditional use permits
are not required for towers and/or antennae used by the City for City purposes or public
agencies for public safety purposes: or for repair, adjustment or replacement of the
elements of a wireless telecommunication antenna array affixed to a tower, if the repair,
replacement or adjustment does not reduce acceptable safety standards. The height
limitations listed in the following table shall include all parts of the wireless
telecommunication tower and antenna structure except for that space needed for
lightening diffusion apparata.
Ordinance 588
January 27, 1997
Page 5111111
:::::iil. kr04.0caiiou:>:
..1: ............................................................:.:.::::::::..:::::::::::::....:.........
R-1,R-2,R-3,R-4,R-5,R-O 10 feet above the height of the roof,allowed N/A
(antennae only) only if mounted on educational facilities,religious
institutions,government or public utility buildings;
or in"upward thrusting architectural elements"such
as church steeples,bell towers or smokestacks'
•
B-1,B-2 75 Feet 95 Feet 2
B-3,B-4,PUD 100 Feet 120 Feet 2
(Commercial PUDs only.)3
I-1,PUD 150 Feet N/A
(Industrial PUDs only.)3
CRP and PF 100 feet,allowed only if incorporated into new or 120 Feet 2
existing facilities or structures,such as using the
tower as a light standard for ball fields or parking
areas,or into mature tree stands that provide a
suitable screen for at least half the height of the
tower.
1 In accordance with Section 1124.05,Subd. 7 of this Code.
2 Co-location height bonus subject to applicant providing to the City proof of a signed lease
arrangement,shared use agreement,or other like document.
3 For towers and antennae proposed in PUDs,the applicant shall file a request to amend the existing
PUD final plan and/or adopted conditional use permit in accordance with Chapter 1120 and Section
1125.01 of this Code. Wireless telecommunication towers and antennae shall not be allowed in
PUDs having residential uses.
SECTION 4: Section 1124.04 of the Mounds View Zoning Code is hereby amended to
read as follows:
•
1124.04: :• :•.= . I 1 • .1 . . S . • • •I 1, 1
•
. .,1 11i.11 41 .1 '
1 , . . .. . E4 • :• , . • 11 . ' • • .
CO-LOCATION REQUIREMENTS:
Subd. 1. A proposal for a new wireless telecommunication tower shall not be approved unless the
applicant documents to the satisfaction of the City that the antenna planned for the
proposed tower cannot be accommodated on an existing or approved tower or
commercial or industrial building within a one-half mile radius, transcending municipal
borders, due to one or more of the followingj
a. The antenna would exceed the structural capacity of the existing or approved 410
tower or commercial building.
Ordinance 588
. January 27, 1997
Page 6
b. The antenna would cause interference with other existing or planned
equipment at the tower or building.
c. Existing or approved towers and commercial buildings cannot reasonably
accommodate the antenna at a height necessary for the proposed antenna to
function.
d. Existing or approved towers and commercial buildings are outside of the
documented search area.
e. The owners or lessors of existing or approved towers and commercial buildings
are unwilling to allow co-location upon their facilitieskr are unavailable to grant
such an allowance.
f. Approval cannot be obtained for co-locating upon an existing tower or antenna
site which is within the documented search area but outside Mounds View
municipal boundaries.
Subd. 2. It is the City's intent to encourage co-locating providers to share accessory equipment
building space whenever possible and practical so as to minimize the number of necessary
accessory buildings and their impact upon the surrounding community. An applicant co-
locating on another provider's tower shall incorporate its base transceiver station and all
other equipment into an existing_accessory equipment building or suitable principal
structure, except as otherwise provided in this Subd. 2. If this requirement cannot be met
due to insufficient space within the existing accessory building, security issues.
competition or compatibility concerns, or for other reasons, one of the following options,
ranked in preferential order, shall be utilized:
a. The existing accessory building shall be expanded to a size sufficient to house the
co-locator's equipment. Such building expansion shall match the design and
features of the existing accessory equipment building. The applicant shall obtain a
building permit from the City prior to construction.
b. A cement pad shall be constructed alongside and adjacent to the existing accessory
equipment building upon which the co-locator's equipment shall be attached. The
applicant shall obtain a building permit from the City prior to construction.
c. A separate building shall be constructed that conforms to all the requirements set
forth in Section 1124.05 of this Code.
Ordinance 588
January 27, 1997 •
Page 7
SECTION 5: Sections 1124.05 through 1124.07 are hereby added to the Mounds View
Zoning Code as follows:
1124.05: SITING AND DESIGN REQUIREMENTS: The requirements of this section
apply to all wireless telecommunication towers and antennae erected, constructed, placed, or
replaced in the City. All wireless telecommunication towers and antennae shall be designed and
situated to be visually unobtrusive to minimize the impact upon the neighboring uses and shall
conform to the following design and siting criteria:
Subd. 1. Setbacks: The minimum setback from any property line or public right-of-way for a
wireless telecommunication tower is thirty feet (30')unless abutting a residential district,
then at least half the height of the tower. Where placed on a lot improved with a principal
building, the wireless telecommunication tower shall be located only in the rear yard or
interior side yards not abutting streets. Wireless telecommunication towers shall not be
placed between the principal building and any street abutting the property. Setbacks for
accessory equipment structures associated with wireless telecommunication towers and
antennae shall meet the requirements as outlined in Section 1104.01, Subd. 4 of the Zoning
Code.
Subd. 2. Accessory Equipment Structures: The base transceiver station and all other related
equipment shall be housed in an existing building whenever possible. If an existing
building is unavailable, a new accessory equipment building may be constructed according
to Minnesota State Building Code requirements and shall be of the same or better
construction, design and appearance as any principal structure or adjacent buildings. If the
equipment is to be housed in a weather-proof cabinet-like structure in lieu of a building, it
shall be mounted upon a suitable concrete pad.
Subd. 3. Fencing: The wireless telecommunication antenna tower and/or accessory equipment
structure shall be surrounded with an eight foot(8') fence so as to prevent unauthorized
entry and access to the equipment building or tower. Barbed wire, razor wire or
electrified fences shall not be permitted.
Subd. 4. Landscaping and Screening: The wireless telecommunication tower and/or accessory
equipment building shall be landscaped and screened with a mixture of six-foot (6')tall
evergreens and one and one-half inch(1 '/Z") caliper ornamental deciduous trees at a ratio
of four(4) evergreens per every one (1) deciduous tree, spaced no less than eight (8) feet
apart on center so as to achieve at least a fifty percent (50%) opaque screen. Trees may
be clustered to create a more natural appearance to the screening. In addition to these
landscape requirements, wireless telecommunication towers and/or accessory equipment •
buildings located in the PF and CRP zoning districts shall include a mix of shrubbery
Ordinance 588
110 January 27, 1997
Page 8
and/or flowering perennials in order to enhance and complement the natural features and
environmental value of the City's parks and recreation areas. The landscaping plan shall be
reviewed by the City Forester and approved by the City Council as part of a conditional
use permit(CUP) or by the Director of Community Development, if the wireless
telecommunication tower or antenna is allowed as a permitted use. The City Council or
Director of Community Development, as applicable, may waive the landscaping and/or
screening requirements upon request of the applicant if the existing landscaping and
screening is deemed sufficient.
Subd. 5. Color: The wireless telecommunication tower and antenna shall be of a neutral color
such as light grey or sky blue except as dictated by the Federal Aviation Administration
(FAA) and be designed to minimize visibility and to blend into the surrounding
environment.
Subd. 6. Construction Type and Materials: The wireless telecommunication tower shall be of a
monopole construction unless a variance is granted by the Board of Adjustment and
Appeals. Guy-wired towers shall not be permitted. Metal towers shall be constructed of,
or treated with, corrosive resistant materials.
• Subd. 7. Roof-Mounted Wireless Telecommunication Antennae: Roof-mounted wireless
telecommunication antennae shall not be permitted on buildings with pitched-roofs, unless
they are stealth antennae incorporated into upward thrusting architectural elements, such
as a church steeple, spire or bell-tower, smokestack,etc. On flat roofs, the height of the
antenna and mounting hardware may not more than 10 feet above the highest point of the
roof to which the antenna is attached.
Subd. 8. Structurally-Mounted Wireless Telecommunications Antennae: Telecommunication
antennae mounted upon sides of buildings shall be attached flush against building side, not
to protrude more than the depth of the antennae. Structurally mounted antennae not
affixed to towers shall be made to blend into the design and contours of the structure,
unless roof-mounted in accordance with Section 1124.05, Subd. 7 of this Code.
Subd. 9. Prevention of Radiation: Wireless telecommunication antennae shall be subject to state
and federal regulations regarding non-ionizing radiation and other health hazards related
to such facilities. If the federal government adopts new, more restrictive standards, the
antennae shall be made to comply or the antenna shall be removed by the owner or the
City at the tower owner's expense. The owner or operator of the tower shall pay any
associated costs of compliance verification.
Subd. 10. Lights: No wireless telecommunication tower or antenna shall have affixed or attached
110 to it in any way except during time of repair or installation, any lights, reflectors, flashers,
day-time strobes or steady night time light or other illumination devices, except as
required by the Federal Aviation Agency. the Federal Communications Commission or the
Ordinance 588
January 27, 1997
Page 9
City. This restriction against lights shall not apply to towers which have been combined
with light standards for illumination of ball fields, parking lots, playgrounds, or other
similar public uses, as provided in Section 1124.03, Subd. 2 for the PF and CRP districts.
Subd. 11. Signs and Advertising: The use of anv portion of a tower for signs or advertising, other
than required warning signs, shall be prohibited.
Subd. 12. Other Attachments: No antenna or tower shall have constructed thereon, or attached
thereto, any platform, catwalk crows' nest. or like structure for the purpose of human
support. except during periods of construction or repair.
Subd. 13. Interference with Public Safety Telecommunications:No new or existing
telecommunications service shall interfere with public safety telecommunications.
1124.06: PROCEDURAL REQUIREMENTS:
Subd. 1. Conditional Use Permit Requirements: Applicants proposing to erect wireless
telecommunication towers and/or antennae that require a conditional use permit (CUP) as
outlined in Section 1124.03, Subd. 2, shall provide at the time of application the following
information:
a. A notarized document from the property owner or lessor that allows the applicant
to apply for a CUP and building permit to erect a wireless telecommunication
tower and/or antenna.
b. Demonstration of need, in accordance with Section 1124.06, Subd. 3 of this Code.
c. A site plan which shows property lines, location of wireless telecommunication
tower or antenna, setback distances, any accessory equipment structure, fencing
and landscaping proposed.
d. Sufficient information to show that construction, installation and maintenance of
the wireless telecommunication tower and/or antenna will not create a safety
hazard or damage to the property of other persons.
e. Proof of insurance, in accordance with Section 1124.06, Subd. 4 of this Code.
Any other information necessary for the City to evaluate the CUP.
• .
Ordinance 588
III January 27, 1997
Page 10
Subd. 2. Building Permits: Applicants proposing to erect wireless telecommunication towers
and/or antennae shall obtain a building permit. The towers and antennae are subject to
inspection by the City building official to determine compliance with Minnesota State
Building Code construction standards. No building permit shall be issued by the City
without prior approval of a CUP by the City Council if applicable. When no CUP is
required, the applicant shall provide to the City all information as required by Section
1124.06, Subd. 1 of this Code at the time of application for building permits, in addition to
that required by Section 1124.06,Subd 2a below. Building permits shall not be required
for the repair, replacement, adjustment and/or alteration of the elements of antenna arrays
if such work does not reduce acceptable safety standards.
a. A report and plan from a qualified and registered engineer or firm that specifies
and includes the following:
L The tower height and design including a cross section and elevation.
2. The height above grade for all potential mounting positions for co-located
antennae and the minimum separation distances between antennae.
III 3. The capacity of the tower, including the number and type of antennae that
the tower can accommodate.
4. The steps that the applicant will take to avoid interference with established
public safety telecommunications.
5. An engineer's stamp and registration number.
Subd. 3. Demonstration of Need: The applicant shall provide a diagram showing the cell site
configuration illustrating the coverage area of the proposed wireless telecommunication
tower and/or antenna. This diagram shall demonstrate the frequency re-use and spacing
needs of the wireless system in order to provide adequate coverage and capacity to areas
that cannot be adequately served by locating the antenna on an existing structure.
Subd. 4. Proof of Insurance: The applicant shall provide the City with proof of liability
insurance which protects against losses due to personal injury or property damage
resulting from the construction or collapse of the tower, antennae or accessory equipment.
Such proof shall be supplied to the City by the wireless telecommunication tower owner
or lessee at the time of application and shall be made available to the City from time to
time upon its request.
SSubd. 5. Removal of Abandoned or Damaged Towers: Any wireless telecommunication tower
and/or antenna that is not used for one (1)year shall be deemed abandoned and the
property owner shall remove the tower and/or antennae in the same manner and pursuant
Ordinance 588
January 27, 1997
Page 11
to the same procedures as for dangerous or unsafe structures established by Minnesota
Statutes. Sections 463.15 through 463.26. If the owner fails to remove the tower and/or
antenna after one(1)year, it may be removed by the City with the costs of such removal
assessed against the property owner of the tower site.
Subd. 6. Violations: Deviations from the approved construction plans and CUP is a
misdemeanor, punishable as provided in Section 104.01 of this Code.
1124.07: NONCONFORMING WIRELESS TELECOMMUNICATION ANTENNAE
AND TOWERS: Wireless telecommunication antennae and towers in existence
as of the date of enactment of this ordinance that do not meet or comply with the provisions of
this Chapter are subject to the following;
Subd. 1. Existing towers may continue in use for their existing purpose but may not be replaced or
structurally altered to an extent exceeding ten percent(10%) of the tower's fair market value,
as determined by the City.without meeting all standards in this Chapter. In no event shall
any alteration have the effect of increasing or intensifying the level or extent of a tower's
nonconformity. Alterations shall be subject to Section 1124.06, Subd. 2 of this Code.
Subd. 2. If such tower is damaged or destroyed to the extent of fifty percent (50%) or more of its
fair market value, as determined by the City, due to any reason or cause whatsoever, the
owner of the tower may choose to rebuild or remove the tower. In either case, the tower
owner shall have one year in which to obtain a building permit from the City and to complete
the necessary work. If the owner chooses to rebuild the tower, the tower as reconstructed
shall conform to all current and applicable regulations as specified by this Code. If a tower is
damaged to an extent of less than fifty percent (50%) of its fair market value, the tower
owner shall have one year in which to obtain a building permit from the City and to repair or
restore the tower to its former size, height and use. The location and physical dimensions
shall remain as they were prior to the damage or destruction. If the tower is not repaired or
restored within one (1)year from the date of the damage, the ability to repair or restore the
tower shall lapse and may not be exercised, upon which time the tower shall be deemed
abandoned.
Subd. 3 Removal of Abandoned or Damaged Towers: Any tower and/or antenna that is not used
for one (1) year shall be deemed abandoned and the property owner shall remove the
tower and/or antennae in the same manner and pursuant to the same procedures as for
dangerous or unsafe structures established by Minnesota Statutes, Sections 463.15
through 463.26. If the owner fails to remove the tower and/or antenna after one (1)year.
it may be removed by the City with the costs of such removal assessed against the owner
of the tower site.
Ordinance 588
. January 27, 1997
Page 12
SECTION 6. Chapter 1106.04 related to conditional uses in the R-1 district is hereby
amended to add Subdivision 8 as follows:
Subd. 8. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 7. Chapter 1110.04 related to conditional uses in the R-5 district is hereby
amended to add Subdivision 10 as follows:
Subd. 10. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 8. Section 1112.04 of the Mounds View Zoning Code relating to conditional
uses in the B-1 zoning district is amended to add Subdivision 5 to read as follows:
Subd. 5. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 9. Section 1113.04 of the Mounds View Zoning Code relating to conditional
uses in the B-2 zoning district is amended to add Subdivision 6, to read as follows:
Subd. 6. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 10. Section 1114.04 of the Mounds View Zoning Code relating to conditional
uses in the B-3 zoning district is amended to add Subdivision 8, to read as follows:
Subd. 8. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 11. Section 1115.04 of the Mounds View Zoning Code relating to conditional
uses in the B-4 zoning district is amended to add Subdivision 6, to read as follows:
Subd. 6. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
4110
Ordinance 588
January 27, 1997
Page 13
SECTION 12. Section 1116.04 of the Mounds View Zoning Code relating to conditional
uses in the I-1 zoning district is amended to add Subdivision 22, to read as follows:
Subd. 21. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 13. Chapter 1117 of the Mounds View Zoning Code pertaining to the
Conservancy,Recreation and Preservation(CRP)District is amended by adding new sections
1117.04 and 1117.05, respectively entitled"ACCESSORY USES" and"CONDITIONAL USES"
relating to wireless telecommunication towers and antennae, to read as follows:
1117.04 ACCESSORY USES: The following shall be considered an accessory use in the
CRP District:
Subd. 1. An accessory building or cabinet-like structure located adjacent to, or in the immediate
vicinity of, a commercial wireless telecommunication service tower and/or antenna, used
for the sole purpose of housing related service equipment customarily incidental to the
receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging
and paging services: subject to the design, landscaping and screening standards established
in Section 1124.05 of the Zoning Code. •
1117.05 CONDITIONAL USES: The following shall be considered a conditional use in
the CRP District (requiring a conditional use permit based upon procedures set forth in and
regulated by Section 1125.01 of this Title):
Subd. 1. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 14. Chapter 1118 of the Mounds View Zoning Code pertaining to the Public
Facilities (PF)District is amended by adding new sections 1118.03 and 1118.04, respectively
entitled"ACCESSORY USES" and"CONDITIONAL USES" relating to wireless
telecommunication towers and antennae, to read as follows:
1118.03 ACCESSORY USES: The following shall be considered an accessory use in the
PF District:
Subd. 1. An accessory building or cabinet-like structure located adjacent to, or in the immediate
vicinity of, a wireless telecommunication service tower and/or antenna, used for the sole
purpose of housing related service equipment customarily incidental to the receiving or
transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging
services: subject to the design, landscaping and screening standards established in Chapter
1124 of the Zoning Code.
r
Ordinance 588
January 27, 1997
ill Page 14
1118.04 CONDITIONAL USES: The following shall be considered a conditional use in
the PF District (requiring a conditional use permit based upon procedures set forth in and
regulated by Section 1125.01 of this Title):
Subd. 1. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 15. The title of Chapter 1124 of the Mounds View Zoning Code is hereby
amended to read as follows:
NEW USE, DEVELOPMENT OR CONSTRUCTION OF
WIRELESS TELECOMMUNICATION FACILITIES
SECTION 16: EtTECTIVE DATE: This ordinance goes into effect after the City
Council approves it and 30 days after its publication in the official City newspaper.
i
Read by the City Council of the City of Mounds View on , 1997.
Read and passed by the City Council of the City of Mounds View on this
day of , 1997.
Duane McCarty, Mayor
ATTEST:
Charles Whiting, City Clerk—Administrator
(SEAL)
APPROVED TO AS FORM:
• City Attorney
n:\data\users\jime\share\tower.ord
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 491-96 •
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING TO THE MOUNDS VIEW CITY COUNCIL
ADOPTION OF ORDINANCE NO. 588,AN ORDINANCE AMENDING CHAPTER 1126
OF THE MOUNDS VIEW ZONING CODE RELATING TO THE LOCATION AND
DESIGN OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES AND
FACILITIES WITHIN THE CITY OF MOUNDS VIEW
WHEREAS, the Mounds View City Council enacted a moratorium on the new use,
development or construction of commercial wireless telecommunication services within the City
of Mounds View in order to provide an opportunity for the study of this issue and the
development of an ordinance to regulate such services; and,
WHEREAS, the Mounds View Planning Commission has conducted research, examined
ordinances from other jurisdictions, and received information from industry representatives and
the North Suburban Cable Commission regarding this issue; and,
WHEREAS, the Mounds View Planning Commission has conducted a series of wssk
sessions on September 18, October 23, December 4 and December 18; and,
WHEREAS, it is in the best interest of the community, and a protection to health, safety
and welfare for the City to enact regulations on the location and design of commercial W -eless
telecommunication services and facilities.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
does hereby recommend adoption of Ordinance No. 588 as shown in Exhibit"A" attached hereto
and made a part of this resolution by this reference.
BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward
this resolution to the City Council prior to approval of the minutes.
Adopted this 18th day of December, 1996
Jerry Peterson, Chairman
ATTEST:
Pamela Sheldon, Community Development Director •
N:\DATA\USERSUI ME\SHARE\TO WERPC.RES
Item No. /1 E
Staff Report No.97—J97/ C'
Meeting Date: 2/10/97
• Type of Business: Council Business
WK:Work Session;PH:Public Hearing;
CA:ConsentAgenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Jennifer Bergman, Housing Inspector
Item Title/Subject: Consideration of Resolution No. 5088 authorizing the
filing of an application under the Minnesota Cities
Participation Program to fund a loan program for first time
home buyers with the mortgage including rehaiblitation funds.
Date of Report: February 6, 1997
Summary:
Attached is a resolution for filing of an application under the Minnesota Cities Participation
Program(MCPP) offered by the Minnesota Housing Finance Agency(MHFA). Through the
MCPP, MHFA sells mortgage revenue bonds on behalf of cities to meet locally identified housing
needs. The proceeds of these bonds provide below market interest rate home mortgage loans for
low and moderate income first-time home buyers. A private lending institution will distribute the
• mortgages for future residents on behalf of the City. Cities are allowed to tailor the programs to
fit the needs of their community. The Minnesota Housing Finance Agency invites application
from cities each year. The application deadline for this year is February 18.
Background:
The MCPP purchase/rehabilitation mortgage is one of the way in which the City Council has been
working to implement the goals form the Mounds View Focus 2000 project. The City Council
initiated this project in 1994 as a way to involved citizens in a visioning process to identify what
issues were of concern to the community and what direction and what direction should be taken in
addressing these issues. On e of the goals identified was to begin the rehabilitation of the City's
housing stock.
For the past two years, the applications filed by Mounds View have requested that a portion of
the funds be used as a purchase/rehabilitation mortgage allowing buyers to purchase a home and
upgrading it to meet their needs. For example, if a family finds a two bedroom home in need of
repair but there family requires a three bedroom home. The purchase/rehabilitation mortgage
would allow the family to purchase the home, add an additional bedroom and make the needed
repairs to the house all encompassed into one mortgage.
In 1995, the City of Mounds View applied for and received approximately $260,000 for the
Minnesota Cities Participation Program. In 1996, we received approximately$275,000. Seven
• families were able to take advantage of this program and purchase homes in the City of Mounds
View . The program offers a reduced interest rate and, if eligible, down payment and closing cost
City of Mounds View Staff Report
February 6, 1997
Page 2
assistance for applicants. The two main eligibility requirements are the purchase price of the
1110
home cannot exceed $95,000 and the family income cannot exceed 43,650.
The response to this program was enormous. We continue to receive calls throughout the year
regarding this program. The funding is available on a first come, first serve basis so many that
were interested were not able to take advantage of this opportunity last year. It is our hopes that
the funding amount will increase allowing more low to moderate income families to purchase
houses in the City of Mounds View.
A copy of the application form is attached for the City Council's information. Once the
application if completed, it will be filed by staff with the Minnesota Housing Finance Agency.
Recommendation:
Approve Resolution No. 5088 and authorize staff to submit the application for the 1997
Minnesota Cities Participation Program.
- 1 A(
J- ' er B;r_. an, H.%sing Inspector
II/
RESOLUTION NO.5088
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION UNDER THE MINNESOTA
CITIES PARTICIPATION PROGRAM TO FUND A LOAN PROGRAM FOR FIRST-TIME HOME
BUYERS WITH THE MORTGAGE INCLUDING REHABILITATION FUNDS.
WHEREAS,the City of Mounds View is submitting an application for first-time home buyer
financing with a bridge loan for rehabilitation included in the mortgage from the Minnesota Housing Finance
Agency's Minnesota City Participation Program; and,
WHEREAS, a portion of the financing will be used for upgrading the property; and
WHEREAS, a private lending institution will distribute the mortgages for future residents; and,
WHEREAS,the funding will benefit low-to moderate-income families in Mounds View; and,
WHEREAS,the rehabilitation of single-family housing is consistent with the City's 5 Year Goals
Focus 2000 recommendations and the Comprehensive Housing Stock Analysis; and,
WHEREAS, rehabilitation of existing single-family housing will benefit the entire community.
• NOW, THEREFORE, BE IT RESOLVED,that the City Council in and for the City of Mounds View
does hereby authorize the City Administrator to make application to the Minnesota Housing Finance Agency
for the Minnesota City Participation Program.
NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Mounds View will
abide by the conditions placed by the Minnesota Housing Finance Agency on use of the funds for the
Minnesota Cities Participation Program.
BE IT FINALLY RESOLVED,that the City Council of the City of Mounds View, directs staff to
work with the Minnesota Housing Finance Agency to ensure that appropriate measures will be taken to assist
with the Minnesota Cities Participation Program.
Adopted this day of , 1997.
Duane McCarty, Mayor
A I hST:
Charles Whiting, City Administrator
• (SEAL)
REQUEST FOR PROPOSAL UNDER THE
MINNESOTA HOUSING FINANCE AGENCY •
1997 MINNESOTA CITY PARTICIPATION (MCPP) •
Seven-County Twin Cities Metropolitan Area
(Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington counties)
The following is a Request for Proposal (RFP) under MHFA's Minnesota City Participation
Program. This RFP is in outline format, specifying questions that must be answered.
Applications must be submitted in this format and all questions must be answered. Final
determination of the total amount of program funds available and individual allotments will be
made by MHFA in compliance with a per capita distribution method specified in statute.
Questions may be directed to Michelle Ramos, Minnesota Homes Division at 612-297-5146
(Metro) or 1-800-710-8871 (Greater Minnesota).
Applications must be received by MHFA by 4:00 p.m., February 18, 1997 for
funding consideration under this program phase.
I. ELIGIBLE ORGANIZATION
A. Name and address of your organization.
B. Name and phone number of your contact person.
C. Type of organization (CityDepartment, Port Authority, HRA, orEDA).
II. ORIGINATING LENDER
Cities participating in the MCPP MUST PROVIDE A LETTER from at least
one lender from the enclosed Minnesota Mortgage Program lender list who
will take mortgage applications and process loans for your program.
Cities have two options when selecting lenders to originate loans:
1) Option A: Cities may allow all lenders from the enclosed list to originate the city's
MCPP loans
OR
2) Option B: Cities may choose to restrict participation to only select lenders of their
choice from the lender list.
If selecting Option B, please list: 1) specific lenders chosen; 2) their
addresses; 3) their phone numbers; 4) their fax numbers; and 5) their
contact persons. PLEASE NOTE: BE PRECISE WHEN LISTING LENDER
INFORMATION, MHFA WILL PRINT BROCHURES USING THE EXACT
INFORMATION YOU PROVIDE TO US.
Please indicate SPECIFICALLY which option your city has chosen. •
Additional lenders may NOT be added later in the program term.
S
• III. HOUSING PLAN
A. Provide a description of your city's principal housing needs.
B. List the data sources or.methods used to determine the described needs.
C. Explain the specific plan developed to meet your identified housing needs,
including the resources to be accessed, and the methods used to carry out the
plan.
D. Describe any target areas to be addressed in the plan.
E. Explain how the plan will be implemented and the administrative capacity of your
city to do so.
Note: If you have already completed a Housing Plan in accordance with
Minnesota Statutes, Section 462C.03 within the past 12 months, you may attach a
copy in lieu of the above requirement. Housing Plans over 12 months old may be
acceptable provided the information is still valid, and the plan is
updated with appropriate attachments and comments.
IV. PROGRAM SPECIFICS
A. Explain how your first-time home buyer program fits into your comprehensive
. housing plan.
B. List the borrower income limits. (See the attached program guidelines for
limitations.)
C. List the home purchase price limits. (See the attached program guidelines for
limitations.)
D. Identify targeting of specific population groups, if any (e.g., minorities, the
disabled, business employees, etc.).
E. Identify targeting of area or housing stock, if any (e.g., rehab areas, new
construction developments, etc.).
F. Describe any optional program enhancements such as subsidy funds, waived fees,
use of tax-forfeit properties, etc. that you will offer, if any.
G. Describe your proposed schedule for release of funds (whether immediate,
delayed, or on a proportional/divided basis).
H. List the amount of funds requested, and the estimated number of loans to be
provided. If preferred, state "maximum allowable" (by population formula).
I. If desired, specify the minimum allocation needed for your 1997 program. If the
per capita allocation formula does not provide this level, MHFA will contact you
regarding the cancellation of your application.
J. Provide information concerning any unused mortgage revenue bond or mortgage
credit certificate resources still available in your community (non-MHFA).
K. Identify which marketing option your city will use (either accessing MHFA marketing
support or developing independent marketing). •
L. Self-issuing cities must provide along with their completed application the
following information concerning their 1996 allocations as of January 31, 1997:
1) Amount allocated; 2) Amount of allotment used (sum of dollar amounts of home
mortgage loans purchased and home mortgage loans in process at lending
institutions).
V. ECONOMIC VIABILITY
•
Describe why you feel there is sufficient demand in your market to use the MCPP funds
requested in this application. Indicate the data sources used to project demand, such as
real estate sales over the past year; Realtor, builder or lender information; indicators of a
housing shortage; and/or recent area business/economic expansion.
VI. NEW CONSTRUCTION REQUIREMENTS
Newly constructed homes located in the Seven County Twin Cities Metro Area (Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott or Washington counties) may only be
financed with funds under the MCPP IF one of the five following criteria is met. If your
program involves new construction, indicate which category (a, b, c, d or e below) will
be incorporated into your program, and include appropriate details on area, type of
structure, or affordability initiative as is applicable. •
A. New construction located in a qualified redevelopment area. Include a brief
description and/or map defining the boundaries of your city's redevelopment area.*
B. New construction to replace a structurally substandard structure or structures.
C. New construction which will be developed under one or more of the "affordability
initiatives" allowed under administrative rules (see Attachment 1).
D. The new housing is located on a parcel purchased by the city or conveyed to the
city under Section 282.01, Subdivision 1 (tax-forfeited lands).
E. The city must have negotiated affordable and life cycle housing goals with the
Metropolitan Council.
"Redevelopment area"means a compact and contiguous area within which 70%of the parcels are developed
(buildings. streets, utilities. etc.), and where more than 25%of the buildings are structurally substandard to a
degree requiring substantial renovation or clearance.
VII. SIGNATURES
Provide authorized signature(s) from the organization submitting this application,
including printed or typewritten name, title and phone number.