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Agenda Packets - 1994/11/07
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MONDAY, NOVEMBER 7, 1994 .:..:..... .. .. 3UNCIL W RT SESSION:: .................................................................................................................................................... ��.?UNCIL ��L[C� ISSl1ES : : ........................................................................................................... ......................................................................................................... ........................................................................................................... ......................................................................................................... ......................................................................................................... ........................................................................................................... 1. Street Light Petition (per Councilmember Trude) 2. Public Safety Concerns (per Councilmember Trude) 3. City Facilities Energy Audit (Michael Ulrich) (Due to the nature of the following issues, Council may wish to consider calling to order to take action on Items Nos. 4, 5, 6 and 14) 4. Continued Discussion of Sherwood Estates Final Plat (Paul Harrington) 5. Agunbiade Settlement (Samantha Orduno) 6. Consideration of Setting Date and Time for Canvassing of General/Municipal Election (Samantha Orduno) 1.11111011FINANCIALlia$UFS111•11111 7. Consideration of 1995 Budget and Property Tax Levy (Don Brager) 8. Consideration of Proposal for 1994-1996 Auditing Services (Don Brager) CQIVIII/(tJIVI'T� DEVELOPMENT ISSt1ES 9. Consideration of Mounds View Environmental Quality Commission Resolution No. 7-94 Regarding Recommending Landscaping for Wildlife (Joyce Pruitt, Planning Associate) AGENDA PAGE TWO NOVEMBER 7, 1994 10. Consideration of Environmental Quality Commission Member Attendance (Joyce Pruitt, Planning Associate) 11. Consideration of Mounds View Environmental Quality Commission Resolution No. 4-94 Recommending Requiring Owners of Multiple Family Buildings to Provide Recycling Service to Tenants (Joyce Pruit, Planning Associate) 12. Continued Discussion of Mounds View Nuisance Code (Paul Harrington) 13. Discussion of Adult Uses Ordinance (Paul Harrington) HUMAN .RESOURCE ISSUES 14. Consideration of Filling Vacant Public Works Maintenance Worker Position (Tim Cruikshank) 15. Discussion Regarding Holiday Pay for Housing Intern (Samantha Orduno) PARKS ANDY RECREATIOIS :ISSUES 16. Consideration of New Parks and Recreation Ordinances (Mary Saarion) 17. Consideration of Purchase Golf Course Equipment (Mary Saarion) PUBLICliggioptiejoi$AFercissuRsEEDEEI 18. Report on Community-Based Policy Conference (Samantha Orduno, Mary Saarion and Tim Ramacher) ............................................................................................................................. .............................................................................................................................. .............................................................................................................................. PUBLIC WORKS ISSUES .............................................................................................................................. 19. Consideration of Authorizing the Purchase of Deicing Chemicals for the 1994-1995 Snow Season (Michael Ulrich, Director of Public Works) AGENDA PAGE THREE NOVEMBER 7, 1994 20. Discussion Regarding the Installation of School Speed Zone on County Road I and Quincy (Michael Ulrich, Director of Public Works) THIS IS IT . . . . For the Week of October 31 - November 4, 1994 ADMINISTRATION ADMINISTRATION This week has been a week of fighting little but heated fires caused by the spirit of democracy and the election process. Many residents have called requesting clarification of information that they have read in political literature. One women called on Wednesday afternoon wanting to know why the City was changing the United States Constitution. She was confusing issues relating to the Charter amendment and was very contented to learn that the City was not changing the U.S. Constitution, but putting an amendment to the City Charter before the people. It was sad to listen to her confused state and wondering how many others in the community had questions, but would not take the time to call for clarification. Mary Saarion, Tim Ramacher, Tom Baumgart and I attended the Community-based Policing Conference in St Cloud last week. Mary and I attended only one day, Tim stayed for the two days and Tom attended all three days. We will be making a verbal report to the Council Monday night on what we learned about this new and exciting twist on an old police theme. Last week, Tim C. , Tim P. , and Mike interviewed the candidates for the replacement position of public works maintenance worker. They have selected a top candidate whom I will interview on Friday afternoon. Because the Council may be calling to order to finalize the Sherwood Estates Plat, you may also wish to consider approving the hiring of the recommended candidate at Monday night's meeting. This will allow the individual to begin his training as soon as possible and thereby alleviate some of the current work overload on the public work employees. Well, this the final week before the election and a tense time for all of us. I am sure that everyone will be glad when the election is over and we can return to some semblance of normalcy. I think few people have a grasp of how very difficult it is to run for public office, let alone serve in public office. I want each and every one of you to know that I think you are a fine group of people that represent all that is the very best in public service. Whether or not you are elected/re-elected will not change the fact that Mounds View has been very lucky indeed that you were a part of its governing process. The community is by far a better place because you contributed. Samantha Recycling Intern applications The deadline for applications for this position was Monday 10/31. We received four applications. Paul and I will interview the four applicants on Wednesday 11/9. Focus 2000 On Friday of last week I received a phone call from a member of Minnetonka's Charter Commission. He was interested in learning more about Focus 2000 and how the process worked for us. He had heard good things about it and thinks their City should do something similar. On Wednesday of this week I received a call from the City of Lino Lakes. They have also heard good things about our Focus 2000 process and wanted information. I will be meeting with a City representative on Friday to explain the procedure we followed. Customer Service As a follow up to the September training session that was held with City staff, Georgine Madden was present at last Tuesdays (10/25) staff meeting to share some additional information with Department Heads. As usual, the information she presented was excellent and relevant to our day-to-day contacts with our customers, or as she would say 'moments of truth' . Tape Backup After several months of wrestling with the tape drive for the new tape backup system, Dave Johnson, our computer consultant, has finally resolved the problem and it appears all computers will be able to save their hard drive files directly to a tape via the file server. There are two substantial benefits to doing this. One benefit is that for the first time, ALL computers will have the capability of backing up. Secondly, the operation takes place in the evening when the computers are not in use, so there is no computer down time for employees. Tim C. Marketing: The first Marketing Task Force meeting was held last week. The turnout was low but those who participated are very enthusiastic about recommending marketing techniques for the City. They are so enthusiastic that they decided to meet again this week to discuss "Mounds View's Identity" . The task force feels it is important to first pin point an identity for Mounds View. Once this is established, all of the programs can be structured around the same theme. Each member of the task force was given homework assignments to ask at least three people a list of questions pertaining to the image of Mounds View. The task force is a great mix of people with excellent marketing skills. Outreach: • To fulfill a Focus 2000 recommendation and increase the communication between the City and the businesses, this week we mailed the first 2-page "Business Beat" Newsletter to all of Mounds View's businesses. The same information was included in the full City Newsletter. Thank you to Lynnette for all of her help! Highway 10 Inventory: • I am currently working on surveying the properties which abut Highway 10. have completed about 1/3 of the properties and hope to have at least half done by the end of the week. The survey should pin point clusters were redevelopment is feasible. This information will be reviewed by the Economic Development Commission. Their next meeting is November 17th were a first draft of the data will be presented. Cathy FINANCE . Open enrollment for Health Insurance is now in effect and will be until November 7th. Dental insurance open enrollment is in early April. The Commercial Life Insurance open enrollment period does not follow a set schedule. If you desire to change your life insurance dollar value or change your beneficiary, you may do this any time during the year. Those interested, please see me for the appropriate forms. . Public Employees Retirement Association also has a life insurance policy that you can sign up for. Their open enrollment period is late November, early December. I believe you will receive notice of this in the mail. If you would like information on this policy come and see me; as I have the brochures. Kitty • Utility bills were recently completed and mailed. Seems to get a little more difficult each year to hire part time meter readers and residents seem more apprehensive about allowing the readers into their homes. • Work continues on the Proposed 1995 Budget. We have received new numbers from the County on total tax capacity values of property in Mounds View and we are recalculating the tax capacity rate and the impact of the proposed property tax levy on residential properties. • The unclaimed property report was recently submitted to the State. Approximately $326 in uncashed checks and utility deposits were reported. The State will publish in newspapers, and, if unclaimed, we will have to send the money to the State. Don B. 11111IPARKS, RECREATION AND FORESTRY PARKS: * The sewer and water portions of the improvements at Hillview and Groveland Park buildings have been completed. No problems resulted and we are happy about that. The potential problems of de-watering are always a risk. Greg Callahan continues to grind away replacing the joists and other rotted wood. The bathrooms will go up quickly but these other things take time because they must be replaced one at a time so that the building remains secure. He replaced a 12" footing at Groveland with a 48" footing for the mid-beam. This should keep the floor from heaving like it had previously. * Parks crews continue to "winterize" the parks. Crew is turf sweeping the parks, picking up debris and leaves, etc. * We are happy to announce minimal damage in the parks this Halloween weekend and day - only a broken window at Groveland Park building. This is always a "scary" night for potential park vandalism. . . but not this year! * Park irrigation, drinking fountains and picnic shelter restrooms and kitchen has now been completely blown out and shut off for the winter. This is a long process - happy to have it done for the year. * Dormant seeding is planned for both City Hall youth ball field, and the softball and soccer fields at Silver View Park. These fields are used from early Spring to late Autumn which prohibits seeding as we'd like. Therefore we are relying on dormant seeding since the September 15 seeding date is typically missed due to continued play on these fields. However, dormant seeding is successful only when the timing is right. Timing must be impeccable - laying the seed just before a snowfall so that the seeds do not germinate. Therefore, this will be a spur of the moment activity whenever the conditions are right. * Jobs yet to do include prepping the rink docks and railings, putting up lights at Woodcrest Park for skating activities, grading the rink areas, continued work on the Water Truck prepping it for the winter season, finish doing as much turf sweeping as possible before the snows, taking in the trash cans, putting hay bales around sliding hill trees at Silver View, daily tasks such as trash removals, City Hall sign changes (which have been frequent lately) park checks, repairs as needed, etc. Job lists never end!!!!! It truly is a myth that there was little parks work in November. * The picnic shelter at Lakeside needs new shingles. Materials have been purchased and the plan was that this would be a joint project with SLP and MV parks crews. However, since everyone is so busy trying to get projects and jobs done before the snows, it was decided that this would be a Spring project. * Steve has been working with an Eagle Scout candidate, Kevin Jacobs, who will be working on his Eagle Scout project this weekend - constructing a park planter sign at Random Park - the same design as Greenfield Park. RECREATION: * A large motorcoach brought a load of people to the Mall of America on Tuesday. All had a good time. Another Holiday trip is planned for December. * The Halloween Party was a huge success with 50 young children partying here at City Hall on Sunday. McDonalds provided the meals and brought along "The Grinch" to visit. Crafts and games, stories, lunch with the Grinch and other activities made for a fun day. Both Sharie and Mary commented on how well behaved the children were. Way to go kids! Many volunteers helped out with this party and we have mentioned them in the upcoming City Newsletter. * Staff is attending a joint meeting facilitated by the Northwest Family Services regarding meeting the needs of middle aged youth. NYFS may be interested in making a teen center area in a portion of the building which they have purchased (the League of MN Citiesbuilding) and the discussion is regarding programs and activities for this age group. * A group of parents from Colonial Village Manufactured Homes Park used Lambert Park building for a party for their children of the Colonial Village homes. It was successful. A perfect use of the park building! * Programs are booming - - for example we already have a maximum number of people on a waiting list for the basketball instructional program for k-2nd graders. Unfortunately space is a restriction. We must use Pinewood cafeteria (the only space available) which limits the number of children that we can allow in the program. The demand is much higher than the space that we have available. GOLF COURSE: * We are now using the "maturation" funds that were set aside in the bond sales budget for running the golf course from the time that construction ended to opening. A few projects that were not in the construction contract need to be completed. These projects include: a. Extend the fencing to make sure that the entire facility is secured. This means that the areas between HWY 35W and the maintenance garage, along Pumps and in front of the entry will be fenced. Bid are being requested but it is estimated to cost approximately $10,000. b. The area between the Clubhouse and Maintenance Garage needs to be sprinkled. This is a highly visible area with trees and landscaping. Before sodding this area, sprinkling should be installed. This is estimated to cost approximately $3,000. c. We have been granted a decrease in the contract for two and 1/2 tees which did not germinate to our satisfaction. Two of these will be sodded. The other will be seeded. d.Bridgco will be coming out to level the boardwalk this Fall and again in the Spring. e.Contractors are required to redo the bunker drains as per spec. * The Clubhouse should be having its final touches this week. CABLE TV: * The Cable Committee will be meeting Friday morning to plan the combined November/December holiday show of "A View From the Mound". * The grant for a new character generator has been awarded. FORESTRY: * Rick and crew planted 20 trees in the area of the new ballfield and police drive at City Hall. These trees will be shade for the ballfield and offers landscaping for the police addition. * Although the job is not completed, work has begun on the other side of City Hall front. This will be prepped for Spring planting. * Rick is contracting some city trimming to be done by the contracted tree services - along boulevards, etc. Mary S. POLICE * We had a relatively quiet Halloween night. No kids stealing candy, no candy tampering, not much vandalism. It was like a routine Monday night. * Last week, Kathy Bednar gave a Halloween safety class to a group of pre-schoolers. * We assisted Pinewood School with their annual Halloween Parade. Everything went smoothly. * SIGN OF THE TIMES ??? We arrested two 13 yr. old females for stealing condoms at Snyders Drug Store. * Two adults involved in a domestic were arrested leaving the scene. Both were drunk, both of their driver licenses were cancelled, and they possessed a loaded handgun. * Sgt. Krogh took two small children to Unity Hospital for treatment of head lice. The mother had been missing for a week and the babysitter didn't have money to buy medication. Human Services were notified. * The Chief and Officer Baumgart attended a Community Policing Conference held in St.Cloud. They thought it was a very worthwhile and obtained alot of information. * Two college students were arrested for stealing from cars. When asked why they were stealing, they replied. "we get a rush." * Officers Broos & Kinney were dispatched to a "baby not breathing" call. Officers adminstered CPR all the way to the hospital. The baby did die, but we tried. Good job guys. PUBLIC WORKS * The Public Works staff completed pouring concrete for the new material storage bins this week. These bins will be used to store aglime, dirt, and gravel among other materials. It will be much easier to load these materials and prevent erosion of them during inclement weather. * Staff is pleased to have an intern with the City, working in the Water Division. John is currently enrolled at St. Cloud Vo. Tech, pursuing a degree in the water and wastewater field. John will spend two week with us, before continuing his program at Cambridge. * Staff is preparing for the upcoming winter season. These preparations include mounting and inspecting all snow removal equipment, changing tires on squad cars, winterizing all remaining equipment and similar tasks within the treatment plants. * Joint crews have been working on the new ballfield north of City Hall the past couple of weeks. The path was installed last week, along with the primary electrical work for the lighting. Light poles are expected to be installed upon arrival from the factory. Since this project is rapping up late in the season, some additional landscaping will need to be performed next spring. Staff will dormant seed the ballfield this fall yet. Mike 4 COMMUNITY DEVELOPMENT limmimilmiimmiimm) 7618 EDGEWOOD PROPERTY Work began this week on the four-plex located at 7618 Edgewood Drive. Pursuant to the abatement order, Staff contacted a garbage disposal company and ridded the site of the trash that had been accumulating around the dumpster enclosure on the property. Also, a locksmith will be on-site on Friday to change the locks on all the doors. This will allow the City access to the building at all times in order to make the ordered repairs. Keys to the individual apartments will be provided to the appropriate tenants. Staff hopes to have the entire project completed in the next month. WOODLAWN TERRACE MEETING Staff will be meeting with the tenants and management of Woodlawn Terrace Apartments this evening (Thursday) regarding the on-going disagreements between the two parties. City Staff has met with the representatives of the two parties on two previous occasions to try and work out problems both are experiencing. A representative of the Police Department will be present at this evenings meeting to discuss what problems can be handled by their officers. Staff will keep the Council abreast of all issues raised in this and all ensuing meetings. Paul 2T0: MAYOR AND CITY COUNCIL FROM: SAMANTHA ORDUNO, CITY ADMINISTRAT DATE: NOVEMBER 1 , 1994 RE: INDEX FOR WEEK OF NOVEMBER 7, 1994 MEETINGS SCHEDULED FOR THE WEEK OF NOVEMBER 7, 1994 . Council Work Session, Monday, November 7, 1994, 7:00 p.m. ITEMS PROVIDED IN THIS WEEK'S COUNCIL WORK SESSION PACKET . This Is It! . Agenda ****************** ADMINISTRATOR'S SCHEDULE (Please note that this schedule is subject to change as meetings are scheduled, rescheduled or canceled. At any time Audrey, Michele, or Tim C. will have my most current schedule and a number where I can be reached at all times. ) Monday, November 7, 1994 7:00 p.m. Council Work Session Tuesday, November 8, 1994 7:00 a.m. to 8:00 p.m. General/Municipal Election 9:00 a.m. Staff Meeting MAYOR AND CITY COUNCIL PAGE TWO NOVEMBER 1 , 1994 Wednesday, November 9, 1994 Noon - 2:00 p.m. MCMA Meeting (New Hope) 5:30 p.m. Election Canvassing Thursday, November 10, 1994 Friday, November 11 , 1994 CITY HALL CLOSED - VETERAN'S DAY REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 1. 111 1706 STAFF REPORT Report Number: 94-1349WS AGENDA SESSION DATE November 7, 1994 Report Date: 11-3-94 DISPOSITION Item Description: Street Light Petition Administrators Review/Recommendation: - No comments to supplement this repo " �.. - Comments attached. Explanation/Summary (attach supplem t sheets as nec sary.) has received a request for the installation of a streetlight from the residents of the 7700/7800 block of Eastwood Road. The requested location is directly across from the property line between 7767 and 7761 Eastwood Road or directly across from the property line between 7755 and 7745 Eastwood Road. (Please consult attached map) . The residents are concerned about some activity in the area and feel that a light would help the problem. This request does not meet the criteria of the streetlight installation policy and as such is being forwarded to the Council for special consideration. All of the property owners in the affected area have signed the petition except 2625 Highway 10. This address is a directly affected property and according to the City's streetlight installation policy, 100% of directly affected property owners are to agree with the proposed installation location of the light. Also, the petition request has not met the spacing requirements of the City's streetlight installation policy. The streetlight policy states that lights should be spaced 400 feet apart, unless certain criteria are met such as a sharp curve in the street, a long block or vandalism. Similar criteria may also apply along with evidence relating to a need for public safety. The policy also states that in no case shall lights be closer than 250 feet. There is an existing light at the intersection of County Road I and Eastwood Road which faces County Road I, a light at the intersection of Hillview Road and Eastwood Road and a midblock light between 7815 and 7809 Eastwood Road. (Please consult enclosed map) . The distance between the County Road I light and the midblock light is approximately 600 feet. If a light were to be installed across from the 7767/7761 property line, it would be 250 feet from the midblock light. If a light were to be installed across from the 7755/7745 property line, there would be about 200 feet to the County Road I light. There are poles available at both proposed locations where the light could be attached. This would reduce or eliminate the cost of installing a light. (There would still be the electricity cost) I need to confirm this with NSP. The originator of the petition will be in attendance at Monday's Council meeting to further discuss this s ecial request. Tim Cruikshank, Asst. to the City Admin. tii > � . s•r • ' loo i� its/\ ti/ e .3 0 1 m +�, / �d1� U i ¶ !. . NO t c. ,- - / " r �1 ‘, c,EN . ` . .., \ - / �S 'k 20 .: '.,02C loo.-7c, 1Z' 9 f) 402 ' a, ��a j ),.5- 0., SU N NYSI DE - 1/ 4 }i. 1„,,i , . oo / � � A o 5.36}95>,3G 100 82 6�'B 2.5 13Z O V •` � " N� � I _ N ' LW co / `C7 ,` N' j W .7 NT .g.) - :.F i4:3 II '' N r s ,,.' ....,_ t: A__________ 5 —! > W oQ -1 %6 ft4144, j — t Q I w V I. w c9 �. 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W N (.0 n r N ^ (9 NG' 117^ s 11' c ....i -11:11 1 I- i / rSAD �;IM , I t e ,r; Co Ir Oti` N 7 3�Z�m /9/.79 _ 82.5 BL•f *LSI g Id A2.5 1 7,0 l( 59 180 -I&�8,5 1 ZO ;�: 30 '1`• 1l7 C •6 6 1 LAKE — .. ---------------- 2 6 4 b.O Agenda Section: 3 REQUEST FOR COUNCIL CONSIDERATION (0)um N Report Number: 94-1350WS STAFF REPORT II afie Report Date: AGENDA SESSION DATE November 7, 1994 11-2-94 DISPOSITION • Item Description: Discussion of - . Audit, and Partnership with Honeywell Administrator's Review/Recommendation: WO)- No comments to supplement this r-.or. i - Comments attached. Explanation/Summary (attach suppleme •... : :s necessary.) SUMMARY; Staff and Council have discussed the possibility of having a energy audit of all City owned facilities in the past. Approximately four months ago staff was approached by a representative from Honeywell regarding a partnership involving energy audits, equipment upgrades, and operational procedures . Due to a change in personnel at Honeywell, this proposal was assumed by another representative. During this time, staff met with the City' s consulting firm and a representative from NSP to discuss the same energy audit program. Staff informed the Council that SEH had put together a draft proposal for the City to perform this service . Approximately $35, 000 would be expended to perform the audit . Staff has not received a final contract from SEH as to the scope of the work to this date. Staff met with Eric Froelich, the new Honeywell account representative, last week to discuss the possibility of pursuing this partnership agreement . Eric' s presentation was very informative and attractive, and presents the City with possible solutions to many of our energy, operational, and capital concerns . This proposal is a guaranteed performance contract, which many governmental entities have entered into with great success . Samantha, Eric and I met again on Tuesday to further explore the proposal . At that time, Eric was requested to make a presentation to Council . Included in Council' s packet for the agenda session is a brief overview of Honeywell' s program, and successes . Eric has agreed to present this and answer any questions Council might have . ichael Ulrich Director of Public Works RECOMMENDATION: COW OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 5. 111VOSSTAFF REPORT Report Number: 94-1352WS W AGENDA SESSION DATE November 7, 1994 Report Date: 11 3 94 DISPOSITION Item Description: Abunbiade Settlement Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; The attorney for the LMCIT has drafted the Settlement Agreement with Ms. Agunbiade. When Agunbiade was offered a $7, 500 settlement, she countered with the statement that she would not settle for less than $20, 000. Given the unusual attitudes of the courts (both Administrative and Supreme) on this issue, the attorney and the insurance representative agreed to the $20, 000 settlement with the caveat that there be an agreement of confidentiality (on page 2 of the attached settlement) . One of the concerns expressed by Pete Regnier is that the case, if it were decided against the City, would have profound negative impacts on all local units of government in the State. He felt confident that, under more reasonable circumstances and a less hostile court attitude, he could win this case. However, he didn't trust the courts not to use this case as an opportunity to make a broader benchmark, using the City of Mounds View and two innocent officers as guinea pigs. In order to bring this matter to final closure, it is necessary execute the final settlement agreement. Officers Chambers and Siluk have agreed to the settlement provisions. It is now necessary for the Council to authorize the Mayor to execute the Agreement on behalf of the City. Mayor Like wanted the Council to be aware of the settlement provisions and give formal authority for him to execute the Agreement. Due to the nature of the discussion regarding the final plat for Sherwood Estates, the Council may wish to consider this item during the time the meeting is formally called to order. Because the attorney does not plan on attending the meeting, the Council cannot close the meeting to discuss this issue. The only action that need be taken is a motion, second and vote to authorize the Mayor to execute the Agunbiade Settlement. This memorandum and copy of the Agreement has been distributed only to Counci •ers. eiratilia Saman •a Or. 'no, City Administra or JI,ECOMME . O N; JARDINE, LOGAN 'Q O'BRIEN DONALD M.JARDINE MARK A.FONKEN' Attorneys at Law THOMAS M.COUNTRYMAN MICHAEL A.RAYER JOHN R.O'BRIEN' GREGORY G.HEACOX JAMES G.GOLEMBECK" MARLENE S.GARVIS' GERALD M.LINNIHAN' GEORGE W.KUEHNER 2100 PIPER JAFFRAY PLAZA KERRY C.KOEP MARY P.ROWE ALAN R.VANASEK JAMES A.JARDINE DAVID J.HOEKSTRA KAREN R.COTE JOHN M.KENNEDY,JR.' PATTI J.SKOGLUND 444 CEDAR STREET JAMES K.HELLING RANDALL S.LANE EUGENE J.FLICK' SEAN E.HADE' THOMAS A.HARDER JANE LANOUE BINZAK' CHARLES E.GILLIN' GREGG A.JOHNSON' ST. PAUL,MINNESOTA 55101-2160 MARSHA ELDOT DEVINE' NATHAN W.HART' JAMES J.GALMAN' TIMOTHY S.CROM' LEONARD J.SCHWEICH JOSEPH E.FLYNN PIERRE N.REGNIER LAWRENCE M.ROCHEFORD' (612)290-6500 FAX(612)223-5070 KIMBERLY K.HOBERT RONALD R.ENVALL KATHERINE E.SPRAGUE' WRITER'S DIRECT DIAL NUMBER: JERRE F.LOGAN(1923-1983) 290-6563 'ALSO ADMITTED TO PRACTICE IN WISCONSIN October 27 1994 / "ALSO ADMITTED TO PRACTICE IN NORTH DAKOTA CITY OF MOUNDS VIEW ATTN: SAMANTHA ORDUNO - CITY ADMINISTRATOR 2401 HIGHWAY 10 MOUNDS VIEW MN 55112 PERSONAL/CONFIDENTIAL CITY OF MOUNDS VIEW POLICE DEPARTMENT ATTN: OFFICER LARRY SILUK 2401 HIGHWAY 10 MOUNDS VIEW MN 55112-1499 CITY OF MOUNDS VIEW POLICE DEPARTMENT ATTN: OFFICER JACK CHAMBERS 2401 HIGHWAY 10 MOUNDS VIEW MN 55112-1499 Re: 20048(69) Belinda J. Agunbiade v. City of Mounds View Dear Ms . Orduno and Officers Siluk and Chambers : As I indicated to you by telephone conversation of recent date, a settlement agreement has been reached in this matter. I have been negotiating the terms of a Settlement Agreement and Release with the attorney representing the State Department of Human Rights . I am enclosing to you a Settlement Agreement and Release, together with its Exhibit A. Since this requires the City of Mounds View' s signature and the signatures of Officers Chambers and Siluk, I am forwarding a copy to you. I am recommending that it be executed in this form. I would appreciate it if you could give me a call to indicate to me that you are willing to sign the Agreement and then I will have the original prepared and pass it around for circulation for all signatures . The reason this Agreement requires all signatures is because of paragraph 5 on Page 2 of the Settlement Agreement regarding confidentiality. If we chose to exclude that confidentiality clause, then we could eliminate the entire settlement agreement and merely have a release signed by the Agunbiades . As I have indicated to you in our telephone conversations, these types of settlement agreements are public documents pursuant to the Data Practices Act, however, we were attempting to put some CITY OF MOUNDS VIEW October 27, 1994 Page 2 language in the agreement to try to have the Agunbiades stop broadcasting to the news media how they successfully beat down the City, etc. The plaintiffs are free, as well as you, to discuss matters that are contained in the public record in this matter which is the information contained in depositions and the pleadings, etc. Therefore, there is nothing prohibiting anybody from discussing this with the media but our position would be that she could not go outside the public record and start discussing other matters relating to this issue. In other words, what I am indicating is that there is no way we can keep the fact of the settlement confidential and we cannot prohibit the plaintiff from discussing this matter with anybody, however, we are indicating that any statements made are limited to the public record. I would appreciate a call as soon as possible from you indicating your approval or non-approval of this agreement as drafted. If you do not agree to sign this agreement, then we will have to go just with a release and it will not have any confidentiality clause in it. I await your response. Thank you. Yours truly, JARDINE, LOGAN & O'BRIEN erre N. lkegnier PNR:slf 6 Enclosure c: Mounds View Police Chief Timothy Ramacher Robert A. Weisbrod - Berkley Risk Services, Inc . Doug Gronli - League of Minnesota Cities Insurance Trust James Thomson, Esq. ATT( GENERAL/1200NCL. TEL No .612-282-5437 Oct 21 ,94 16 :02 No .006 P .02/08 BEFORE THE HUMAN RIGHTS DEPARTMENT OF THE STATE OF MINNESOTA State of Minnesota, by OAT-I Docket No. 11-1700-6158-2 • David Beaulieu, Commissioner, Department of Human Rights, • DHR File No. PS857 Complainant, SETTLEMENT AG1iEEMENT AND vs. RELEASE (EXHIBIT A) City of Mounds View, Minnesota; Jack Chambers; Larry Siluk, • Respondents, This agreement is made by and between Lateesa Agunbiade, Adewale Agunbiade (herein referred to collectively as the "Agunhiades"); the City of Mounds View, Minnesota; Jack Chambers; and Larry Siluk (herein referred to collectively as "respondents"); and the Minnesota Department of Human Rights (hereinafter "Department"), through its Commissioner, David Beaulieu (hereinafter "Commissioner"). WHEREAS, a charge of discrimination was filed with the Department by Lateesa Agunbiade on her own behalf and on behalf of her son Adewale Agunbiade against respondents; and WHEREAS, the allegations in that charge are now the subject of a contested case hearing before Administrative Law Judge Barbara Neilson of the Office of Administrative Hearings; and WHEREAS, the undersigned parties, desiring to avoid further litigation, have successfully conciliated all issues in dispute in the above-captioned matter and have agreed to a full settlement concerning these issues; R=94% FROM: 6123979379 10-21-94 04: 15PM P003 #19 ATTY GENERALi1200NCL TEL No .612-282-5437 Oct 21 ,94 16:02 No .006 P.03/08 NOW, THEREFORE, in consideration of the mutual promises set out below, the parties agree as follows: 1. rio Admissions. This settlement agreement and release (Exhibit A) do not constitute an admission of any liability on the part of any party or the agents or employees, past or present, of any party or an admission of any violation of the Minnesota Human Rights Act or any other law. 2, Payment. The City of Mounds View agrees to pay to Lateesa Agunbiade and Adewale Agunbiade, together, the sum of Twenty Thousand and no/100 Dollars ($20,000.00). This payment shall be made by delivering to Richard L. Varco, Jr., attorney for the Department, a check made payable to Lateesa Agunbiade and Adewale Agunbiade in the amount of Twenty'Thousand and no/100 Dollars ($20,000.00) immediately upon receipt by the City of a fully executed copy of this agreement and release (Rxhibit A). 3. Settlement of Claims. The Agunbiades and the Department agree to and do hereby settle and fully resolve all subject claims, as that term is defined in the attached release • (Exhibit A). 4. Release of Claims. In consideration of the promises in this agreement, the Department and the Agunbiades agree to execute the release of claims attached as Exhibit A and made a part of this agreement. 5. Confidentiality Agreement. The terms of this agreement and release (Exhibit A) will not be disclosed by any party except as provided herein: (a) as is required by law; (b) by Lateesa Agunbiade and Adewale Agunbiade to their attorneys, accountants, tax or financial advisors; (c) by Lateesa Agunbiade to her fiancee and/or spouse; (d) by Latecsa Agunbiade and Adewale Agunbiade to a governmental taxing authority; (e) as is compelled by judicial process. Nothing in this agreement or release (Exhibit A) prohibits the parties from stating words to the effect that the subject claims, as that term is defined in the -2- R-94% FROM: 6123979379 10-21-94 04: 15PM P004 #19 ATTY GENERAL/1200NCL TEL No .612-282-5437 Oct 21 ,94 16.02 No .006 P .04/08 attached release (Exhibit A), have been settled to the satisfaction of all parties. The parties agree that any statements they make regarding the allegations in the complaint in this matter shall be limited to information contained in the public records. The parties recognize and agree that this provision was a significant inducement for respondents to agree to the terms of this settlement. 6. Attorney's Liens The Department and the Agunbiades represent and warrant that no attorney's liens have been served, filed or noticed with regard to this cause of action or the proceedings relating to it. 7. Scope of Agreement. This agreement, including the attached release (Exhibit A) contains the entire agreement between the parties. The terms of this agreement, including Exhibit A, are contractual and not a mere recital. 8. Effect. This settlement agreement and release (Exhibit A) shall be binding upon and inure to the benefit of the parties, their heirs, administrators, representatives, executors, successors, assigns, officers, and employees. 9. Voluntary and Knowing Action. The parties to this agreement acknowledge that they have been represented by an attorney and/or had the opportunity to consult with an attorney regarding the terms of this agreement, that they each have read and understand the terms of this agreement, and that they are voluntarily entering into this agreement to resolve disputes among them. The Agunbiades voluntarily accept the payment made pursuant to this agreement for the purpose of making a full and final compromise, adjustment, and settlement of all subject claims as that term is defined in the attached release (Exhibit A). The parties have carefully read the foregoing settlement, know the contents thereof, and sign it of their own free will intending to be legally bound thereby. -3- R=94% FROM: 6123979379 10-21-94 04: 15PM P005 #19 ATTY GENERAL/1200NCL TEL No .612-282-5437 Oct 21 ,94 16 :02 No .006 P.05/08 10. Dismissal of Proce�. The administrative law judge may issue an order dismissing this matter following execution of this agreement by all parties and the release (Exhibit A) by the Department and the Agunbiades. CITY OF MOUNDS VIEW Dated: BY: ITS: Dated: JACK CHAMBERS Dated: LARRY SILUK Dated: LATEESA AGUNBIADE Dated: ADEWALE AGUNI3IADE MINNESOTA DEPARTMENT OF HUMAN RIGHTS Dated: RY: DAVID BEAULIEU COMMISSIONER .mz4 . - • R=94% FROM: 6123979379 10-21-94 04: 15PM P006 #19 lTTY GENERRL/1200NCL TEL No .612-282-5437 Oct 21 ,94 16 :02 No .006 P.06/08 BEFORE THE HUMAN RIGHTS DEPARTMENT OF THE STATE OF MINNESOTA State of Minnesota. by OAH Docket No. 11-1700-6158-2 David Beaulieu, Commissioner, Department of Human Rights, DHR File No. PS857 Complainant, vs. RELEASE City of Mounds View, Minnesota; Jack Chambers; Larry Siluk, Respondents. 1. DEFINITIONS RELEASORS: For purposes of this Release, the term "RELEASORS" as used herein. shall include Lateesa Agunbiade, Adewale Agunbiade and the State of Minnesota, through the Department of Human Rights, and all of their heirs, administrators, executors, successors, assigns, principals, agents, servants, employees and legal representatives. RELEASEES: For purposes of this Release, the term "RELEASEES" as used herein shall include Jack Chambers, Larry Siluk, the League of Minnesota Cities Insurance Trust and the City of Mounds View and all of their heirs and their past, present and future officials, officers, directors, attorneys, principals, representatives, administrators, executors, successors and assigns, employees and agents. ' I SUBJECT CLAIMS: For purposes of this Release, the term "SUBJECT CLAIMS" as used herein includes any and all claims, demands, liabilities, obligations, actions or causes of actions of any nature whatsoever, whether or not now known, suspected or claimed, including costs, disbursements and expert fees, attorney's fees, penalties, expenses and compensation and demands of whatsoever kind or nature on account of or in any way growing out of all known and unknown damages, penalties, losses and • claims of whatever nature, including compensatory, consequential or punitive damages in any way involved or connected with or related to the allegations set forth in the complaint entitled State of Minnesota. by • EXHIBIT A• -1- R-94% FROM: 6123979379 10-21-94 04: 15PM P007 #19 A.TTY GENERAL/1200NCL TEL No .612-282-5437 Oct 21 ,94 16 :02 No .006 P .07/08 David Beaulieu Commissioner. Department of Human Rights, Complainant v. City of Mounds View. Minnesota: Jack Chambers: Larry Siluk, respondents. DHR File No. PS857 dated January 17, 1992, and before the Human Rights Department of the State of Minnesota including any and all claims for injunctive relief, declaratory relief or any other equitable or statutory relief requested or not requested and related in any manner to said claims as described herein. AGUNBIADES: This term refers to Latcesa Agunbiade and Adewaic Agunbiade. II. TERMS OF RELEASE The Agunbiades have agreed to receive the sum of Twenty Thousand and no/100 • Dollars ($20.000.00) in return for their agreement to give up all Subject Claims against Releasees. In return for payment of and receipt of that sum, Releasors do hereby fully and forever release, acquit, and discharge Releasees from any and all Subject Claims. Releasors declare and represent that in making this release they understand and agree that they rely wholly upon their own judgment, belief, and knowledge of the nature, extent and duration of any Subject Claims and that they have not been influenced to any extent whatsoever in making this release by any representation or statements regarding said Subject Claims or regarding any other matters made by the Releasees or any person or persons representing them. This release includes the release and discharge of any and all unnamed potential wrongdoers who are or have.been employees, officers, or agents of Releasees and who may have caused or contributed to any of the Subject Claims, The Releasors accept the payment described in this release as full satisfaction of any and all Subject Claims, Releasors agree that the terms of this release are contractual and not a mere recital. Releasors have carefully read the foregoing release, know the contents thereof, and sign the same of their own free will, Releasors intend to be legally bound by this release. EXHIBIT A -2- R-94% FROM: 6123979379 10-21-94 04: 15PM P008 #19 flTTY GENERAL/1200NCL TEL No .612-282-5437 Oct 21 ,94 16 :02 No .006 P.08/08 Even though the Agunbiades are being paid to settle and release all Subject Claims, Rcleasees do not admit that they are responsible or legally obligated for any or all Subject Claims. This release is not and shall not be deemed or construed as an admission of liability by Releasees. IN WITNESS WHEREOF, we have hereunto set our hands the date specified by our biguaturc. Dated l LATEESA AGUNBIADE Dated;_ ADIiWALE AGUNBIADE STATE OF MINNESOTA) ) ss COUNTY OF RAMSEY ) On this day of October, 1994, before inc personally appeared Lateesa Agunbiade and Adewale Agunbiade, to me known to be the persons named in and who executed the above release and acknowledged that they executed the same as their own free act and decd. • My term expires Notary Public • MINNESOTA DEPARTMENT OF HUMAN RIGHTS Dated: BY: DAVID BEAULIEU COMMISSIONER .mz5 EDIT A -3- R=95% FROM: 6123979379 10-21-94 04: 15PM P009 #19 WY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 6. 1[191F0STAFF REPORT Report Number: 94-1353WS W AGENDA SESSION DATE November 7 1994 Report Date: 117-3-9/1 DISPOSITION Item Description: Consideration of Setting Date and Time for Canvassing of General/ Municipal F.1Prt' Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) it TMMARY; Per Minnesota Statute 205. 185, Subdivision 3 . , within two days after an election, the governing body shall canvass the returns and declare the results of the elections. Staff recommends Council set the date to conduct the canvassing meeting at 5: 30 p.m. on Wednesday, November 9, 1994 in the City Hall Council Chambers as has been a past practice for the General/Municipal elections. Michele Seve on, Deputy Clerk RECOMMENDATION; 1111(::::-:_1:1.:,_.:. REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 7_ STAFF REPORT Report Number: 94-1354WS AGENDA SESSION DATE November 7. 1994 Report Date: 11-3-94 DISPOSITION Item Description: COnsideration of 1995 Proposed Budget and Property Tax Levy Administrator's ReviewiRecommendatio ". - No comments to supplement is rep - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) LTMMARY; A number of changes need to be made to the Proposed 1995 General Fund Budget due to information received since the September 6, 1994 Council Work Session when Council approved the last draft. Those changes and a possible way to reduce the 1995 property tax levy are listed below. GENERAL FUND EXPENDITURE ADJUSTMENTS General Fund Expenditures 9/6/94 $3,474,609 Increased cost of fire services contract for $7,000 1995 Increased cost of police dispatching contract $4,500 with Ramsey County Costs of contract for recording secretary for $5,000 City Council meetings ' Skating rink attendants for Woodcrest Park $2,500 Reduce amount budgeted for pay equity; ($15,000) leaves $20,000 for 1995 Eliminate contingency for possible lawsuit (39,360) on term limits; use for tax reduction Total General Fund Expenditures 11/7/94 $3,439,249 • All of the above expenditure adjustments result in a reduction of$35,360 in the Proposed 1995 General Fund Expenditure Budget. This budget is a 9.3% increase over the 1994 General Fund Budget. This reduction in expenditures would allow a reduction in the proposed 1995 General Fund property tax levy of$35,360. The adjustments in Proposed 1995 General Fund Revenues is listed below. GENERAL FUND REVENUE ADJUSTMENTS General Fund Revenues 9/6/94 $3,474,609 Reduce property tax levy ($35,360) General Fund Revenues 11/7/94 $3,439,249 If the 1995 property tax levy is reduced by $35,360 the General Fund levy would be an increase of 2.56% over the 1994 levy; due to a small reduction in the 1995 levy for debt service on the 1991 Fire Improvement Bonds the overall levy would be an increase of 2.02% over the 1994 levy. The 1994 and proposed 1995 property tax levies are shown below. • COMPARISON OF 1994 & 1995 PROPOSED TAX LEVIES Fund 1994 1995 Change $ Change % General Fund $1,451,421 $1,488,632 $37,211 2.56 Fire Bonds 100,417 94,596 (5,821) (5.80) Total Levy $1,551,838 $1,583,228 $31,390 2.02 Revised tax capacity values have been received from Ramsey County. The City's adjusted tax capacity value is estimated at $6,163,200 compared to the 1994 tax capacity of $6,326,693. These new values have been taken into consideration in calculations of the estimated 1995 property tax rate and property taxes on various homes. Information has also been received from the Ramsey County Assessor's office about the change in market values of homes in Mounds View. The median change in market is 1.47% for taxes payable in 1995. Changes in estimated market value for residential property based on the percentage change in estimated market value are listed below. CHANGE IN ESTIMATED MARKET VALUE 1994 VS 1995 RESIDENTIAL PROPERTIES No change 41% 1% to 5% 46% 5% to 10.1% 13% The estimated 1995 tax capacity rate is 25.636% compared to the 1994 rate of 25.828%. This is a reduction in the tax capacity rate of 0.192%. Attached is a comparison of the 1994 and estimated 1995 property taxes on various residential properties. The 1995 tax increases on these properties range from 0.72%to 2.11%. The increases are entirely attributable to increases in the estimated market values of the properties. Staff awaits Council direction on the Proposed 1995 General Fund Budget. Should you have any questions please do not hesitate to contact me. Donald Brager, Finan Director MEDIAN CHANGE IN MARKET VALUE OF SINGLE FAMILY HOMES BY CITY (RAMSEY COUNTY) 1993 MEDIAN 1994 MEDIAN PERCENT MUNICIPALITY HOME VALUE HOME VALUE CHANGE Arden Hills 122,300 127,500 4.25 Falcon Heights 107,900 109,600 1,58 Gem Lake 96,800 100,800 4,13 Lauderdale 70,050 70,600 0.78 Little Canada 95,150 99,950 5.04 Maplewood 84,200 86,100 2.26 Mounds View 81,900 83,100 1.47 New Brighton 99,800 102,900 3.11 North Oaks 234,000 247,600 5,81 North St. Paul 76,800 78,900 2.73 Roseville 93,900 95,900 2.13 Shoreview 111,000 115,000 3.60 Spring Lake Park 77,500 79,200 2.19 St. Anthony 106,850 111,900 4,73 St. Paul 66,900 67,800 1.35 Vadnais Heights 103,000 105,200 2.14 White Bear Lake 82,700 85,200 3.02 White Bear Town 96,900 100,900 4.13 Do ki 'fie: it4u. b ev{' 6-1a(a1-, 0e it 4)f4 6 ie r Qit fls Y4'. PAY l W, .c 4 rst-c,rov`�, kp ov-+S' QGe 3�hovl� bSreol k et•CreS.�' .4 P yeo. G,a�L't +1,4 p iy4 C1C. }r egv~o C��C'S Post-Ir brand fax transmittal memo 7671 N of pages► 3 Dept. Phan" Fox 0 84,,.S4C2 fax w •.-,2 e; City of Mounds View 11/02/94 Estimated Schedule of Taxes Levied — 1995 Proposed 1995 Levy Increase 2.02% Overall Taxes Equalization HACA Due By Local Funds Certified Aid Aid Taxpayers Tax Rates General $1,488,632.00 $0.00 $0.00 $1,488,632.00 24.105% Capital notes $0.00 $0.00 $0.00 $0.00 0.000% Fire bonds $94,596.00 $0.00 $0.00 $94,596.00 1.532% Total $1,583,228.00 $0.00 $0.00 $1,583,228.00 25.636% Tax Capacity Valuations: Reconciliation of Tax Levy Real Estate $5,358,194 Personal Property $185,856 Tax Local Amount Total Tax Capacity $5,544,050 Capacity Tax Rate Levied Contribution Values (—) ($1,037,754) Initial FD Dist $1,657,017.00 25.828% $427,974.35 Distribution Values (+) $1,656,904 Local Levy $4,506,296.00 25.636% $1,155,253.65 Adjusted Total Tax Capacity $6,163,200 Total $1,583,228.00 Due By Due from Due by local Funds Taxpayers Fiscal Dispar. Taxpayers General $1,488,632.00 $402,403.39 $1,086,228.61 Capital notes $0.00 $0.00 $0.00 Fire bonds $94,596.00 $25,570.96 $69,025.04 Total $1,583,228.00 $427,974.35 $1,155,253.65 Tax comparison on selected residential homestead properties 11/02/94 located within the City of Mounds View. Proposed 1995 Levy Increase 2.02% Overall 1995 Average increase 1994 Tax Capacity Change in in Estimated Tax Capacity Rate Rate Tax Rate Market Values 25.828% 25.636% -0.19% 1.47% 1994 1995 Estimated 1994 1994 Estimated 1995 1995 Percent Market Tax Net Market Tax Net Increase Increase Value Capacity Tax Value Capacity Tax (Decrease) (Decrease) $51,150.00 $511 .50 $132.11 $51,902 $519.02 $133.06 $0.95 0.72% $73,656.00 $753.12 $194.52 $74,739 $774.77 $198.62 $4.11 2.11% $76,725.00 $814.50 $210.37 $77,853 $837.06 $214.59 $4.22 2.01% $85,799.00 $995.98 $257.24 $87,060 $1,021.20 $261 .80 $4.56 1.77% $97,185.00 $1,223.70 $316.06 $98,614 $1,252.27 $321 .04 $4.98 1.58% $102,300.00 $1,326.00 $342.48 $103,804 $1,356.08 $347.65 $5.17 1.51% $112,530.00 $1,530.60 $395.32 $114,184 $1,563.68 $400.87 $5.55 1.40% $127,875.00 $1,837.50 $474.59 $129,755 $1,875.10 $480.71 $6.12 1.29% WY OF ONDS Phone: (612) 784-3362 O ffie£ o f t& City ��,initttatot Phone: (612) 784-3055 JEW SAMANTHA ORDUNO Fax: (612) 784-3462 "Quite Simply the Best" MEMORANDUM TO: MAYOR AND CITY COUNCIL DATE: NOVEMBER 3, 1994 RE: PROPOSED HOUSING INSPECTOR POSITION In response to questions regarding the position responsibilities of the proposed Housing Inspector, I have asked Paul Harrington to examine the programs and duties that have been discussed in the past by the Council in regards to the entire housing rehab program approach. The program was intended to be an outgrowth of the housing analysis with the major areas of concentration formulated around rehab assistance and inspection programs for all forms of rental units, including single family homes. The point of sale inspection program which has been emphasized recently, is a program that was envisioned as a future outgrowth of the entire housing rehab and housing stock maintenance approach. It was my understanding that the point of sale program was not intended to be' the focal point of the housing rehab/maintenance program, but merely one of many possible activities of the overall program approach. I hope Paul's memo and the attached information from Jennifer is helpful. If you need additional information or clarification prior to the meeting, please do not hesitate to call Paul or myself. 6 PRINTED WITH V� SOYINK2401 Highway 10 • Mounds View, MN 55112-1499 recycled paper MEMORANDUM TO: SAMANTHA ORDUNO, CITY ADMINISTRATOR FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR DATE: November 3, 1994 SUBJECT: HOUSING INSPECTOR POSITION As requested, I am providing you with this memorandum which will outline the duties, responsibilities and expectations of the Housing Inspector position currently under consideration by the City Council. For review, the City currently has under employ, a Housing Intern conducting a comprehensive housing stock analysis of all single family residential properties within the City. To date, the Intern has completed a windshield survey of the entire City and entered information gathered into a database to be used in analysis of rehabilitation needs throughout the Community. At present, the Intern and I are in the process of drafting a report on the findings of the analysis. The report will contain facts on each residential property within the City as well as programs which are available for the upgrade of the housing stock and suggestions for the administration of those programs. As you will recall, the impetus for conducting the housing stock analysis was the overwhelming desire of the participants of the FOCUS 2000 project to maintain and increase the quality of the housing stock in the City. In 1995, the Housing Inspector position (if established) would be immediately responsible for implementing the programs identified within the Housing Stock Analysis Report. This would include identifying and approaching those properties which are in most need of rehabilitation. As part of this duty, the Housing Inspector would actively market the programs which are available to the general public and encourage the utilization of those programs. With the information gathered in the course of the Study, the Inspector will be able to specifically target properties by classification. For example, a major concern of the residents (as expressed in the FOCUS 2000 Project) was the tremendous number of rental properties within the City which are in substandard condition. The Inspector will be able to access information on all rental properties within the City and develop a priority list of those which are in most need of rehabilitation. A top priority for 1995 will be the evaluation of the rental properties and their need - for rehabilitation. Additionally, the Housing Inspector would conduct the yearly inspections of Multi-family dwelling units within the City. Currently there are 1389 multi-family units in 43 separate buildings throughout the City. Each year, the Building Inspector is able to inspect approximately 10% of the total units within the City. Based on the occupancy and condition of the unit, each inspection can take anywhere from 20 - 45 minutes. This time does not include the inspection of common areas in each building (i.e. laundry rooms, hallways, stairways, etc. ) . Each common area inspection can take anywhere from 20 minutes for the smaller buildings (duplexes, fourplexes) to 1 hour for the larger complexes. According to the Building Inspector, 65-70% of the inspections require a second inspection to verify required repairs and, 30-35% require a third inspection. The aforementioned duties of the Building Inspector are in addition to his main responsibility which is reviewing and inspecting construction projects within the City. It is estimated that the Building Inspector reviews and issues approximately 500 - 650 building, mechanical and plumbing permits each year. Although some project plans can be reviewed in a relatively short period of time, some projects (Business Park, Senior Housing) can take up to 40 hours to review. The devotion of a full-time Staff position to this activity will allow for more units to be inspected on a yearly basis and, consequently, they will remain in a better state of overall repair. Other Cities in the metro area (notably, Brooklyn Park and Brooklyn Center) have already begun a full-time inspection program for the Multi-family units and have noted a significant improvement in the overall conditions of the buildings. Both of those communities charge a fee for the yearly inspection of the property and all subsequent reinspections. Following the initial emphasis on rental properties and the implementation of the rehabilitation programs, it is anticipated that the Housing Inspector would be involved in a point-of-sale program in the future (1996 and beyond) . The point of sale program will allow the City a measure of control in the rehabilitation of housing stock by addressing building inadequacies at the time the property changes hands. Attached for your information is a memorandum from Housing Intern Jennifer Bergman outlining the programs which are available for housing rehabilitation. As stated earlier, the availability of these program funds and their specific uses will be elaborated upon further in the forthcoming Housing Stock Analysis Report. To : Paul Harrington, Community Development Coordinator From: Jennifer Bergman, Housing Intern Date: November 2 , 1994 Subject : Housing Rehabilitation Programs A large part of the housing study consists of researching the funds available for a City Housing Program. Listed below is a portion of the information that has been collected. Several suburbs in the Metropolitan area have housing programs . Since the majority ,of the cities have similar programs, I have selected two cities to use as examples . The City of Roseville has two programs funded by the Suburban Ramsey County Community Development Block Grants (CDBG) . 1 . The Single-family Suburban Rehabilitation Program: This program provides low-interest loans to low-income homeowners to assist in rehabilitating their home which in return increase the appearance of the surrounding neighborhood 2 . The Energy Conservation Program: .This program is available to very low and low income households to help make energy improvements for the houses and reduces heating costs for the family. The City of Richfield has several programs that they offer to their residents . There are two that the City of Mounds View would be able to easily apply for and offer to their residents : 1 . Deferred Loan Program: This program provides deferred loans to homeowners of up to $15, 000 to rehabilitate their homes . If the home is sold within the first 10 years of the loan, it must be repayed. This program is funded by CDBG grants . 2 . MHFA Mortgages : This program provides low interest mortgages to first- time homeowners . In addition to what the individual cities have done, Minnesota Housing Finance Agency has several programs for which the City of Mounds View may be eligible to apply. (See attached) Currently in the metropolitan area there are 10 cities with either a Point-of-Sale or Truth-in-Housing program. The Point- of-Sale requires the any deficiencies to be repaired before the transfer of property. The Truth-in-Housing is a buyer beware program in which the buyer is notified of all deficiencies in the unit; however, the items are not required to be repaired. In either program, an inspection is conducted on each dwelling prior to the sale of the property. The number of staff that each individual city has varies depending upon the number of programs that are currently running. In order to successfully operate these programs, a full-time staff member would be required. This person would write and submit grant applications, market and administer the programs . Perform housing inspections for all rehabilitation work and Point-of-Sale inspections . .. . ., . 7.N __ - -- HousingPrograms 1994-1995 Home Improvement • Accessibility Loan Program • Community Rehabilitation Fund • Deferred Loan Program • HOME Disaster Grant Program • Home Energy Loan Program • Lead Paint Abatement Grant Program • Neighborhood Land Trust Program • Revolving Loan Program • Rental Rehabilitation Loan Program • The Great Minnesota Fix—up Fund Homeownership • Build It Now! Mortgage Program • Community Reinvestment Act Incentive Program — • Emergency Mortgage and Rental Assistance Program • Home Equity Conversion Counseling .. • Homeownership Assistance Fund • Innovative Housing Loan Program • Minnesota Mortgage Program • Minnesota City Participation Program , • Minnesota Communities Program • Minnesota Urban and Rural Homesteading Program • Partnership for Affordable Housing Program • Purchase Plus Program • Tribal Indian Housing Program • Urban Indian Housing Program vs4 zN __ HousingPrograms 1994-1995 Rental Housing • Low Income Housing Tax Credit Program • New Construction Tax Credit Mortgage/Bridge Loans • Homesharing Program • Housing Trust Fund • McKinney Supportive Housing Match Program • Nonprofit Capacity Building Grant Program • Nonprofit Capacity Building Revolving Loan Program - • Rental Assistance for Family Stabilization • HUD $1 Home Set—Aside • HOME Rental Rehabilitation Program • Low and Moderate Income Rental Program • Targeted HOME Fund • Bridges • Family Homeless Prevention and Assistance Program • Affordable Rental Investment Fund • Shelter Plus Care • Transitional Housing Program 1/94 WY OF 90 ,106, Phone:�(� /' p (612) 784-3362 IJ f ic£ ofti2E City cAl ninethzatoT Phone: (612) 7843055 JEW SAMANTHA ORDUNO Fax: (612) 784-3462 "Quite Simply the Best" MEMORANDUM TO: MAYOR AND CITY COUNCIL DATE: NOVEMBER 3, 1994 RE: JOHNSON PROPERTY Attached please find a letter which was sent to the Council in reference to the request for the fence at Silver View Park. The Johnsons were present at the October 24th Council meeting to express their concerns about the cost of the fence being removed from the 1995 Budget. I am not aware of their intent to attend the November 7th meeting, but I wanted to make sure Council was aware of their concerns. tM � PRINTED WITH SOYINK 2401 Highway 10 • Mounds View, MN 55112-1499 recycled paper r. 1 Emmett V. and Nancy K. Johnson 2706 Lake Court Drive Mounds View, Minnesota 55112 Telephone/Fax— 612-783-1184 October 21, 1994 Mounds View City Council 2401 Highway 10 Mounds View, MN 55112 Re: 1995 Budget: As you know, we are concerned about the Silver View park proposed fence on the ball field. This has been promised for three years now, also with the promise of paying for damage to our home should balls break windows, etc. We have recently heard that the fence has been deleted from the 1995 budget. Because we will be out of the country, we are sending this letter to strongly voice our concern that it be re-instated in the 1995 budget. The following is a recap of the history of our problems: We have been in constant contact with Mounds View for over a year. Our first contact was because of the number of dents in our aluminum siding due to the balls from the city ball field hitting our house (the ballfield is directly behind us). We had been concerned about the possibility of one of the balls breaking a window in our absence, which is exactly what happened. In 1993, it was promised to us that, in the event a ball did go through the window, the city would pay for it. When we approached the mayor and the council at the June 6, 1994, meeting, we were met with opposition rather than cooperation. The following is a portion of a letter addressed to Mary Saarion on May 31, 1994. Tonight we came home after being gone for five days to find that a baseball had smashed through a double-paned window in our family room. Glass was absolutely everywhere, and of course, during that time we were vulnerable to the weather, bugs, and thievery. Additionaly, I found more dents in the aluminum siding. We've come to the end of our patience. Apparently, no one was watching past the outfield fence—as promised. And there was no note of any kind. Now we had to clean up the shattered glass, tape and cover the window and find a tradesman who could replace the two-panes immediately All of that distasteful extra work is not the issue. What concerns us is: 1. When we travel this summer, what safeguard is them now for our home? 2. We no longer dare sit outside on the patio during a baseball game. One night, five balls came crashing near us—two hitting the house (because of the mound, you cannot see an oncoming ball until it is on you). We can't even let little grandchildren play outside during ball games. 3. Now, since the shattered glass, we are even concerned with sitting in the family room during a game. Had we been in the chair watching TV the night the ball came through the window, someone would have been badly cut with shards of flying glass. We even had to vacuum glass out of furniture across the room from the window. The fault lies squarely with Mounds View Municipality. We bought our home in winter and never dreamed that being behind the ball field would give us these problems. I am told that a fence would cost$12,000. That is little compared to the contining costs the municipality will incur for fixing our siding and broken glass. And if theft and/or water damage would occur while we were gone, costs would be very high. Those costs would pale in comparison to a bodily injury suit from shards of flying glass. We simply demand the immediate action of raising the chain link fence 20 feet. Speaking to one of the council members, we understand the cost of a fence is $5,000 rather than the $12,000 stated above. We urge the reinstatement of the fence for the 1995 budget. Sincerely, 9 2,-44—, Nancy and Emmett Johnson cc: Cliff Ash, President, Silver Lake Woods Association Neighbors: Glenn Partridge Herb Krebs REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 8. STAFF REPORT Report Number: 94-1355WS AGENDA SESSION DATE November 7, 1994 Report Date: 11-3-94 DISPOSITION Item Description: Consideration of Proposal for 1994-1995 Auditing Services Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Expianation/Summary attach supplement sheets as necessary.) 3T TIVEVIARY; The City_had a three year auditing services contract with Tautges, Redpath & Co., LTD which expired after completion of the 1993 Audit. Auditing services, along with other types of professional services which the City contracts for, do not have to be bid. I obtained a proposal for auditing services from Tautges, Redpath & Co., LTD for the 1994 - 1996 audits. The proposed costs of those audits are shown below. Year Cost Change 1994 $20,300 6% 1995 $21,300 _ 5% 1996 $21,925 3% Staff has been satisfied with the conduct of the audit by Tautges, Redpath & Co., LTD. Since the firm hired is the Council's auditor, staff makes no recommendation, and leaves the decision of the hiring of a firm to conduct the audit to the Council. • Donald Brager, Finance ector • crr y®F REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 9 IrillirDS STAFF REPORT Report Number: 94-1356W5 ON AGENDA SESSION DATE November 7, 1994 Report Date: 11-3-94 DISPOSITION Item Description: Consideration of Mounds View Environmental Quality Commission Resolution No. 7-94 Regarding Recommending Landscaping for Wildlife Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) $IIMMARY; Attached for your consideration is Resolution 7-94, recommending approval of the preliminary plan for the Mounds View Greenway in order to landscape for wildlife. This is a resolution the Environmental Quality Commission and Carla Asleson drafted some time ago. However, due to the absence of a legal quorum, the resolution remained unapproved by the Environmental Quality Commission until the October 18, 1994 meeting, when a legal quorum was present. A preliminary plan for the Mounds View greenway is attached for your review as well. 7-' 7 , Joyce Pruitt, Planning Associate RECOMMENDATION: MOUNDS VIEW ENVIRONMENTAL QUALITY COMMISSION RESOLUTION NO. 7-94 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING LANDSCAPING FOR WILDLIFE WHEREAS, the City of Mounds View has endorsed the preservation of wildlife through the positive response to actions statements on "greenspace, openspace, and wetlands" proposed by the various FOCUS 2000 teams; and WHEREAS, the Environmental Quality Commission has designated a wildlife corridor as a mechanism for expanding greenspace in Mounds View neighborhoods; and NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View Environmental Quality Commission recommends that the City Council approve the preliminary plan for the Mounds View Greenway in order to landscape for wildlife. Adopted this 18th of October, 1994. ATTEST: d7a74447 di! C./ 39161..ir- hair (Seal) Ci / S /:'ff PRELIMINARY PLAN FOR THE MOUNDS VIEW GREENWAY WHAT IS A GREENWAY? A greenway is an area characterized by woods, meadows, and water features that is designated to be preserved from future development. Greenways are designed as belts or corridors of natural vegetation that offer protection to and habitat for wildlife. WHAT WOULD ESTABLISHMENT OF A GREENWAY MEAN TO THE CITY OF MOUNDS VIEW? Establishment of a greenway would be a positive and lasting response to action statements on "greenspace, openspace, and wetlands" proposed by the various FOCUS 2000 teams. There are no immediate costs in establishment of a greenway. It is simply a process of reclassified zoning with associated management policies. This greenway initiative would integrate urban and regional efforts to conserve open space by linking various land-saving strategies, including urban forestry, parkland acquisition, conservation easements, city greenway planning and zoning. Official designation as a wildlife corridor can be a mechanism for expanding the greenspace in our neighborhoods. The preservation from development need not conflict with human activities, but can enhance them. A greenway would be an enclave of nature preserved in the city for the future, when it might be squeezed out of the surrounding metropolis. It would be a resource for our children's education. The preservation of biodiversity would assure that our children's children can still catch a frog or see a Great Blue Heron. It preserves plant life that attracts birds and butterflies. This green strip would combat pollution both in the air and in the water with oxygen-giving trees and filtering swamps. If neighboring suburbs follow our lead, it will allow the quality of outdoor life we have come to expect in Minnesota to continue. PRIORITY PORTIONS OF GREENWAY: This first draft of greenway priorities is based on first saving existing undeveloped, treed, and watered land within the maximum corridor. A secondary priority is placed on currently less-suited land which links first- priority parcels. First Priority Parcels GOLF COURSE TO HARSTAD DEVELOPMENT ON HILLVIEW ROAD The new golf course, now in the construction bid stage,lies in the northwest quadrant of the Interstate 35W and Highway 118 intersection and in the major wildlife corridor entering Mounds View from the north. There is an unobstructed bird flyway connecting us through the Lino Lakes area and Carols Avery Wildlife Refuge to the north woods. The prospect of flying through a driving range could limit the backyard visits of your favorite birds, so placement of the driving range is crucial. The heart of the existing corridor on that property follows Judicial Ditch No. 1 and its cleanup should include landscaping for wildlife with possible improvement where it passes under 35W. From there the corridor continues south into the Greenfield Park area, accessible with fine hiking trails. This corridor parcel ends at the swamp south of Hillview Road where the Harstad housing development is under construction. Builder and resident cooperation will be needed to assure that construction sediment and lawn fertilizer do not destroy the swamp's ecosystem, especially at the crucial creek connection to Greenfield Park. GOLF COURSE TO LONG LAKE ROAD VIA RICE CREEK This corridor encompasses some of the best wildlife habitat in the area, but is not entirely within Mounds View city limits. From the planned golf course, the corridor proceeds east (out of the city) to Rice Creek and then south. Key to preservation efforts is the Twin Cities Army Ammunition Plane, a 2,000 acre military reserve currently framing its future with public meetings (March 17,April 21). Federal agencies will get first crack at land which is excessed, before County and City governments can make offers. Perhaps the U.S. Geological Survey (with local offices in Mounds View) can be approached about claiming the bulk of the western half of the arsenal in order to retain their warehouse privileges and designate the rest as greenway. Rice Creek reenters Mounds View from the east at the junction of County Road H and Highway 10, then the corridor proceeds south again towards Long Lake Road through a still-undeveloped industrially zoned section. Second Priority Parcels LAMBERT PARK TO EDGEWOOD MIDDLE SCHOOL This corridor starts at a swamp just north of Lambert Park and west of Quincy Street (only a block from the Harstad section of the 1st-priority corridor). It proceeds through a residential area surrounding Lambert Park to an area zoned for business between the Saturn dealership and Multi-Tech where geese and egrets are often seen. It continues southwest across Highway 10 (a current corridor blockade) to a small wooded preserve east of Edgewood Middle School. South of County Road H,it links to the area of Rice Creek described for the Long Lake Road 1st-priority corridor. KNOLLWOOD DRIVE TO SPRING LAKE This corridor starts in the southwest corner of Mounds View in the Knollwood Drive area (south of County Road H,it connects to an undeveloped railway grade and Rice Creek). From there it proceeds north through the back yards of larger residential lots to Spring Lake and thence out of town northwest through Spring Lake Park towards Laddie Lake. PRELIMINARY WORK PLAN Spring and Summer: 1) Promote the "Landscaping for Wildlife" concept throughout the City. 2) Improve existing map of maximum potential greenway for public presentation. 3) Submit an article on the EQC's greenway mission for publication in Mounds View Matters. 4) Recommend that the City Council take the greenway into consideration when making zoning changes, and that it designate certain city-owned land as greenway. 5) Prioritize portions of the potential greenway for immediate designation efforts (see first draft below). 6) Solicit volunteers for a citizen action team trained to collect community-based information that would enhance the City's capacity to establish and manage the greenway. 7) Set up a regional meeting for coordination with adjacent cities. 8) Begin grant-application process for national environmental organization funds for land acquisition and/or appropriate plantings within crucial portions of the greenway. Fall and Beyond: 1) Make the greenway a reality with voluntary registration of portions of backyards or business property as "greenway". 2) Provide public education on the "Landscaping for Wildlife" concepts and greenway maintenance and benefits. 3) Develop incentives for greenway registration. 4) Acquire and utilize grant money for greenway development. 5) Inventory bird and butterfly species within established corridor. 6) Consider walking (or biking) trail extensions into city-owned portions of greenway. 7) Seek heavy involvement in Highway 10 redevelopment, to include landscaping for wildlife and possible tunnel passage at junctions with other wildlife corridors. 8) Provide progress reports to the Council and the public. CM 1111OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 10. 906 STAFF REPORT Report Number: 94—L357WS � AGENDA SESSION DATE November 7, 1994 Report Date: 11-3-94 Re DISPOSITION Item Description: Consideration of Environmental Quality Commission Member Attendance Administrator's Review/Recommendation: - No comments to supplement this repo - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Attached for your consideration is Resolution 9-94, recommending removal of office for two (2) members from the Environmental Quality Commission. According to 33 . 06, Subdivision 2 of the Environmental Quality Commission by-laws, "an appointed member may also be removed by the City Council for non-attendance at Commission meetings if a Commissioner is absent from five regularly scheduled meetings per year or from three consecutive meetings, without the consent of the Commission. " Joy e Prditt, Planning Assopjate RECOMMENDATION• i 43 2 6 E. m .:_, r Il CI. 4 NN 00 0 0i ~ JJ) O O It � cn� 0. rJ Q� g C'' C c gO , CD y d r el --1 ....) .....1 .....1 'xO 0 d p ! oo 00 00 00 v0w0\ rn 1. 0 I' ci 1 g . ., ,..,, . ,,, G.4 ,Il .:1 N t...i 4 g t=i id 0- z z b t C.o.)8 8 i O00 00 0i O 0 4 tilM 0 z MOUNDS VIEW ENVIRONMENTAL QUALITY COMMISSION RESOLUTION 9-94 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING REMOVAL OF OFFICE FOR 2 MEMBERS FROM THE ENVIRONMENTAL QUALITY COMMISSION WHEREAS, the City of Mounds View has approved the by-laws of the Environmental Quality Commission; and WHEREAS, the Environmental Quality Commission by-laws allow for an appointed member's removal by the City Council for non-attendance at Commission meetings if a Commissioner is absent from three consecutive meetings without consent from the Commission; and WHEREAS, Commissioners James Mennell and Timothy Madsen have had unexcused absences from the last three consecutive meetings. NOW, THEREFORE, BE IT RESOLVED that it is the recommendation of the City of Mounds View's Environmental Quality Commission that the City Council approve the removal of two members from the Commission, leaving current committee membership at four (4) Commission members. Adopted this 18th day of October, 1994. ATTEST: Chair (SEAL) Ci Staf OF 1111CM REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 11. 7906 STAFF REPORT Report Number: 94-1358WS � AGENDA SESSION DATE November 7, 1994 Report Date: 11 3 94 DISPOSITION Item Description: Consideration of Mounds View Economic Quality Commission Resolution No. 4-94 Recommending Requiring Owners of Multiple Family Buildings to Provide Recycling Services to Tenants Administrator's Review/Recommendation: - No comments to supplement this repor - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; Attached for your consideration is Resolution No. 4-94, recommending requiring owners of multiple family buildings to provide recycling service to their tenants. This is a resolution the Environmental Quality Commission and Carla Asleson drafted some time ago. However, due to the absence of a legal quorum, the resolution remained unapproved by the Environmental Quality Commission until the October 18, 1994 meeting, when a legal quorum was present. A description of the recommendations is provided in the attached document "Recommendation to the City Council Regarding Recycling in Multi-Family Buildings. " Joie P "•itt, Planning Assocte RECOMMENDATION: MOUNDS VIEW ENVIRONMENTAL QUALITY COMMISSION RESOLUTION NO. 4-94 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING REQUIRING OWNERS OF MULTIPLE FAMILY BUILDINGS TO PROVIDE RECYCLING SERVICE TO THEIR TENANTS WHEREAS, the City of Mounds View has endorsed the practice of recycling and proper waste management; and WHEREAS, the Mounds View Environmental Quality Commission has reviewed the current Mounds View Municipal Code regarding recycling service in multiple family buildings; and WHEREAS, the Commission has determined that the current code does not adequately provide for this service in multiple family buildings. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Environmental Quality Commission recommends that the City Council amend the current Municipal Code to provide for recycling in multiple family buildings. Adopted this 18th day of October, 1994. ATTEST: -4 // 12//9. Chair (SEAL) ti Cit /St ' f RECOMMENDATION TO THE CITY COUNCIL REGARDING RECYCLING IN MULTI-FAMILY BUILDINGS One of the City Council's 1993 goals for the Environmental Quality Commission was to "review resident needs versus current services" in the area of recycling and solid waste management. The EQC found that the area of greatest need is recycling service (or lack thereof) in multi-family buildings of four units and above. Mounds View City Code requires that garbage haulers make recycling services available to apartment complexes. It does not, however, require that apartment owners purchase the service. Currently, most of the larger apartment complexes are providing recycling in some form; however, most of the smaller apartment buildings, particularly four-plexes, are without the service. The City Council also asked the EQC to make a recommendation on whether dumpsters used for recycling should be subject to enclosure requirements. RECOMMENDATIONS: Provide waste education to residents of multi family buildings that emphasizes waste reduction as an more desirable alternative to recycling. As important as recycling is to the management of solid waste, the EQC recommends that emphasis also be given to the practice of waste reduction. Since waste reduction is a more economical and environmentally-friendly method of managing waste, it should be an integral part of any waste management plan for multi-family buildings. Require that apartment owners provide recycling service to tenants in multi family buildings. The EQC believes that it is important that all residents of multi-family buildings be given the opportunity to recycle their waste. Given Mounds View's high percentage of rental housing, the potential for increased material diversion and participation is excellent. Apartment owners are currently responsible for arranging and paying for garbage collection service. The EQC recommends that these owners also be required to arrange and pay for the separate collection of recyclable materials, starting with newspaper, glass, and metal cans. The provision for requiring service could be placed in Chapter 93 (the housing code) and made a requirement of apartment registration renewals. Environmental Quality Commission Recommendation Page Two Require that dumpsters used for recycling be kept within an enclosure, but allow smaller containers to be kept outdoors. An approved apartment recycling program could consist of curbside pick-up with recycling bins, separate 90-gallon containers, or a co-mingled dumpster. The EQC recommends that recycling dumpsters be kept within enclosures, but exempt 90-gallon and smaller containers from the enclosure requirement. Although recycling in commercial properties was not specifically studied, this enclosure requirement would apply to commercial properties as well as multiple family buildings. The rationale behind this recommendation is twofold: the EQC's preference for source-separated recycling over the co-mingled variety and the issue of parking. Some buildings, particularly four- plexes and some businesses, will not have adequate parking to meet zoning standards if a recycling structure needs to be built. Ninety gallon containers are relatively mobile and if they are allowed to remain unenclosed, parking would not be permanently reduced. The City Council and/or Planning Commission will need to determine whether properties that choose to use a recycling dumpster can be exempted from parking requirements. In lieu of requiring that owners to provide private collection service, initiate a pilot project of organized recycling in multi family buildings ONLY. Funded either by a utility fee or property tax designation, the City would contract with one hauler to service all multi-family buildings in the City. Through this system, the City would be able to choose the type of collection most appropriate for each building type and would be able to ensure that all apartments are receiving adequate service. CM OF nlorREQUEST FOR COUNCIL CONSIDERATION Agenda Section: 12. OUNDS STAFF REPORT Report Number:94-1359WS ��� AGENDA SESSION DATE November 7, 1994 Report Date: 11-3-94 DISPOSITION Item Description: Continued Discussion of Mounds View Nuisance Code Administrator's Review/Recommendation. �� - No comments to supplement this report/ 'n` '�'-0-- 1. - Comments attached. (______ Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; As directed at the September 21, 1994 joint Planning Commission/City Council meeting, Staff has referenced State Statutes in the most recent draft of the Nuisance Code (copy attached) . In particular, definitions and certain regulated activities (gambling) are now included in the draft. Please note that the text in italics is taken from State Statute. Also, where State Statute is referenced (i.e. State xxx Subd.yy) , Staff would suggest incorporating verbiage to include the Statute. In an effort to avoid duplication, Staff has not amended the original draft. Rather, a final draft of the document will be provided to the Council following decision on the inclusion of the aforementioned State Statutes. At their November 2, 1994 meeting, the Planning Commission focused on the inclusion of State Statute and the issue of cars per lot. It is their recommendation to include reference to State Statute in all appropriate situations (all places where Staff has listed reference) . It is also their recommendation to not limit the number of cars parked on an individual property as long as the vehicle has current tabs, is on an improved surface as defined by the Code and, is operable as defined in the Code. Following discussion at the Monday meeting, Staff will draft a final copy of the Code incorporating all additions and deletions agreed upon at previous meetings. It is anticipated that the final draft will be available for consideration by the Council at the November 28, 1994 City Council Meeting. If you have any questions regarding the Nuisance Code, please do not hesitate to give me a call. t Paul Harrington, Commun. y Development Coordinator RECOMMENDATION; following: 1. Curbside recycling collection will be made available to all residential and multiple dwelling customers no later than July 1, 990. Such service shall include weekly collection of all recyclable materials on the same day as garbage and rubbish collection for residences. 2 . Collection of garbage and rubbish and recyclable materials will be provided on a weekly basis, but not necessarily on the same day, for multiple dwellings and mobile manufactured home park. 3 . Collection service priced in the basis of volume shall be provided. All billings shall be itemized so as to show what individual charges are being levied. 4 . Each licensee shall separately collect and dispose of yard waste on a regular basis for a minimum of eight (8) weeks in the spring, commencing on April 1, and eight (8) weeks in the fall, commencing on September 15. Subd. 3 Reporting of Recyclable and . Yard Waste: All licensees shall report to the City the amount of recyclable material nsa yard waste collected. This shall be done monthly on a form provided by the City. Such quantities shall be reported •by tonnage; except, that yard waste shall be reported in estimates of cubic yardage abated. Failure to certify accurate volumes within the time specified by the City may be cause for suspension or revocation of a hauling license. 603 . 07 VIOLATION OF PROVISIONS Any persons violation any of the provisions of this Chapter shall be guilty of a misdemeanor. NUISANCES, ANIMALS AND REFUSE CHAPTER 604-Nuisances 604 . 01 RULES AND DEFINITIONS: Subd. 1. "Person", as used herein, includes any person, firm or corporation and the singular shall include the plural. State 566.18 Subd. 5 PERSON "Person" means a natural person, corporation, partnership or unincorporated association. Subd. 2 Where references are made herein to particular officers, boards, agencies, or the Council, those are to that of Mounds View unless otherwise defined. Subd. 3 . Beverages with an alcoholic content not exceeding three and two-tenths percent (3 . 2%) shall be included in the term "intoxicating liquors", as used herein. 604.02 PUBLIC NUISANCE DEFINED: Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: State 609. 74 State also defines NUISANCE; ACTION under 561 .01 as Anything that is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of the property, is a nuisance. (it goes on to state: An action may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance, and by the judgement the nuisance may be enjoined or abated, as well as damages recovered.) Subd. 1 Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; or State 609 . 74 (1) Subd. 2 Interferes with, obstructs or renders dangerous for passage, any public road or right of way, street, alley or highway or waters used by the public; or State 609. 74 (2) Subd. 3 Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided; or State 609 . 74 (3) Subd. 4 Anything left or displayed for sale on public or private property without written permission by the owner or person in control of the property conspicuously displayed on the item left for sale may be tagged and/or towed at the owner's expense or its owner tagged. Subd. 5 In any way render the public insecure in life or in use of property; Subd. 6 Definitions: a. The term "City" as used herein means the City of Mounds View, in Ramsey County, State of Minnesota. b. The term "person" as used herein includes any person, firm or corporation and the singular shall include the plural. This is provided above in Subd.1 c. Where references are made herein to particular officers, Councils, boards or agencies are those of the City of Mounds View. This is provided above in Subd. 2 d. The term "City Council" used herein means the City Council of the City of Mounds View, Minnesota. Should this be moved up to the beginning of the definitions page? e. State- 161.242 (d) JUNK "Junk" means old or scrap hazard signs, copper, brass, rope, rags, batteries, paper, synthetic or organic, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles or farm or construction machinery or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material . 604 . 03 NUISANCES ENUMERATED Subd. 1 Public Nuisances Affecting Health, Safety, Comfort or Repose. The following are hereby declared to be public nuisances affecting health, safety, comfort or repose: 11 a. All ponds or pools of stagnant water. b. All decayed or unwholesome food offered for sale to the public. c. Milk which is roduced bycows which have not been p tested and found free of tuberculosis within the year previous to the offering of such milk for sale to the public. d. Carcasses of animals not buried or destroyed within twenty-four (24) hours after death. e. Accumulations of manure or rubbish. f. Privy vaults and garbage cans which are not fly- tight. g. The effluence from any cesspool, septic tank, drain field or sewage disposal system discharging upon the surface of the ground. h. All noxious weeds, tall grasses defined as anything over eight (8") inches in height, and other rank growths. i. An accumulation of tin cans, bottles or trash or debris of any nature or description, and the throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, tin cans or other material of any kind on private property. j . Offensive trades and businesses, as defined by statute or ordinance, not licensed as provided by law. k. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances. 1. Dense smoke, noxious fumes, gas and soot, or cinders in such quantities as to render the occupancy of property uncomfortable to a person of ordinary sensibilities. m. All public exposure of persons having contagious disease. n. The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person by someone properly licensed. o. The keeping, maintaining or harboring of live wild animals, whether native to Minnesota or not, which in their wild state pose a threat to humans or domestic animals. p. The keeping, maintaining or harboring of any combination of animals and/or fowl kept in such numbers or under such conditions that unreasonably annoy, injure or endanger the health, safety, comfort, repose or welfare of the public. q. All other acts, omissions of acts, occupations and uses of property which are deemed by the State Board of Health to be a menace to the health of the inhabitants of the Municipality or a considerable number thereof. Subd. 2 Public Nuisances Affecting Morals and Decency: The following are hereby declared to be public nuisances affecting public morals and decency: a. All gambling devices, slot machines, and punch boards. State 617.81 Subd. 2 (2) b. Betting, bookmaking and all apparatus used in such operations. c. All houses kept for the purposes of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses. State 617.81 Subd. 2 (1) d. All places where intoxicating liquors are manufactured, sold, bartered or given away in violation of the law or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage contrary to law or where intoxicating liquors are kept for sale, barter or distribution in violations of the law and all liquors, bottles, kegs, pumps, bars, and other property kept at and used for maintaining such a place. State 617.81 Subd. 2 (5) e. Any vehicle used for the illegal transportation of intoxicating liquor or any immoral purposes. f. All indecent or obscene pictures, books, pamphlets, magazines and newspapers and billboards. g. The public use of profane or obscene language. h. The looking into or peeping through doors, windows, or openings of private homes by methods of stealth and without proper authority and by surreptitious methods or what is commonly known as "window peeping" . i. All other things, omissions or occupations that may be considered detrimental to the moral well-being of the inhabitants of the Municipality or a considerable number thereof. Subd. 3 Public Nuisances Affecting Peace and Safety: The following are declared to be nuisances affecting public peace and safety: a. All snow and ice not removed from public sidewalks twelve (12) hours after the snow and ice has ceased to be deposited thereon. b. All trees and hedges, billboards or other obstructions which prevent persons from having a clear view of street signs and/or a clear view of all traffic approaching an intersection. c. All limbs of trees which are less than eight feet (8' ) above the surface of any public street or alley. d. The piling, storing or keeping of old machinery, junk, furniture, household furnishings or appliances or component parts thereof or other debris within the City. e. The placing or throwing on any street, alley, road, highway, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substances which may injure any person or animal or damage any pneumatic tire when passing over the same. f. The depositing of, maintaining, permitting or failing to remove, garbage, trash, rubbish, bottles, cans and other refuse on any property within the City, including large quantities of organic debris and materials, which accumulated by other than natural means, except neatly maintained compost piles. g. Property in a residential district not seeded, sodded or otherwise planted with a ground cover more than 240 days after any disturbance to the property caused by construction, grading, or other activity; or any time prior to the 240 days if the property is causing erosion or drainage problems on the same or nearby properties, including the public streets. h. The accumulation of any piles of wood which are not: 1. neatly stacked or (how high?) 2. stacked (where?) or secured in a stable manner to avoid collapse . (What materials may be used to stack?, must it 'be off the ground?) i. All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half (1/2) of their original value or which are so situated as to endanger the safety of the public. j . Any structure, or portion thereof, in a residential district whose exterior is not completed in accordance with City-approved construction plans within 180 days after the date the City building permit was issued, whichever occurred first. k. Any construction materials, including piles of dirt, sand, and sod, left in the open property more than sixty (60) days after construction has been completed or a certificate of occupancy has been issued, whichever occurred first. 1. All buildings and all alterations to buildings made or erected in violation of fire codes concerning manner and materials and construction. m. Any truck or other vehicle whose wheels or tires deposit mud, dirt, sticky substances, litter or other material on any street or highway. n. Any discarded construction material or other litter at a construction site which is not placed in an adequate waste container or which is allowed to blow around or off the site. o. All explosives, inflammable liquids and other dangerous substances or materials stored or accumulated in any manner or in any amount other than provided by law or ordinance. p. All use or display of fireworks, except as provided by law or ordinance. q. All unreasonable or unnecessary noises and/or annoying vibrations. r. Reflected glare or light from private exterior lighting exceeding five-tenth footcandles as measured on the property where the lighting is located when abutting any residential parcel and one footcandle when abutting any commercial or industrial parcel. s. Obstructions and excavations affecting the ordinary use of the public streets, alleys, sidewalks or public grounds, except under such conditions as are provided by ordinance and any other excavation left unprotected or uncovered indefinitely or allowed to exist in such a manner as to attract people. t. Radio aerials strung or erected in any manner except that provided by law or ordinance. u. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds or people to gather, obstructing traffic and the free use of public streets or sidewalks. v. All hanging signs, awnings, and other similar structures over public streets or sidewalks or so situated as to endanger public safety, not constructed and maintained as provided by law or ordinance or without proper permit. w. The allowing of rain, water, ice or snow to fall from any building on any public street or sidewalk or to flow across any public sidewalk. x. All dangerous, unguarded machinery, equipment or other property in any public place or so situated or operated on private property as to attract the public. y. The distribution of handbills, except as provided by law or ordinance. z. Throwing, dropping or releasing printed matter, paper or any other material or objects over the City from an airplane, balloon or other aircraft or in such manner as to cause such material to fall or land in the City. aa. Placing entrance culverts or doing any act which may alter or affect the drainage of public streets or alleys or the surface or grade of public streets, alleys or sidewalks, without proper permit. bb. Making repairs to motor vehicles or tires in public streets or alleys, excepting only emergency repairs when it will not unduly impede or interfere with traffic. cc. The placement of mailboxes and other delivery receptacles on public right-of-way except those which are: i. In compliance with United States Postal Service requirements for location and type; ii. Installed as far back from the street pavement as reasonable practical to avoid snow plowing damage; iii. Located within four feet of the intersection of a side property line with the street, or located in front of, and on the same side of the street as, the building it serves; and iv. Located as a group in one place within four feet of, a side property line and as close to the beginning• of a cul-de-sac bulb as possible if the mailboxes and delivery receptacles serve buildings fronting and on the circular portion of a cul-de-sac end point, known as the bulb. dd. Erecting, painting, or placing of unauthorized traffic signs or advertising signs in streets or alleys or on sidewalks. State covers unauthorized signs on highways under 169.07. UNAUTHORIZED SIGNS ee. Obstructions and excavations affecting the ordinary use of the public streets, alleys, sidewalks or public grounds, except under such conditions as are provided by ordinance and any other excavation left unprotected or uncovered indefinitely or allowed to exist in such a manner as to attract people. 604. 04 SPECIAL PROVISIONS - BUILDING MAINTENANCE AND APPEARANCE Subd. 1. Declaration of Nuisance. Building, fences, and other structures which have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they (a) are unsightly (b) decrease adjoining landowners' and occupants' enjoyment of their property and neighborhood, and (c) adversely affect property values and neighborhood pattern. Subd. 2. Standards. Any building, fence, or other structure is a public nuisance if it does not comply with the following requirements: a. No part of any exterior surface shall have deterioration, holes, breaks, gaps, loose or rotting boards or timbers. b. Every exterior surface which has had a surface finish such as paint applied shall be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface shall have peeling, cracked, chipped or otherwise deteriorated surface finish on more than twenty percent (20%) of: i. any one wall or other flat surface, or ii. all door and window moldings, eaves, gutters,and similar projections on any one side or surface. iii. Would it be too restrictive to include some language addressing uniform color for a house on a property. (ie. some houses have one side painted one color and another side a completely different color) . c. All wires which are strung less than fifteen (15' ) above the surface of any public street or alley. d. All exterior doors and shutters shall be hung properly and have an operable mechanism to keep them securely shut or in place. e. All cornices, moldings, lintels, bay or dormer windows, and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous or unsightly. f. Roof surfaces shall be tight and have no defects which admit water. All roof drainage systems shall be secured and hung properly. g. Chimneys, antennae, air vents, and other similar projections shall be structurally sound and in good repair. Such projections shall be secured properly, where applicable, to an exterior wall or exterior roof. h. All foundations shall be structurally sound and in good repair. 604 . 05: CESSPOOLS OR SEPTIC TANKS: It shall be unlawful for any person to allow the contents of any septic tank or cesspool to be pumped or to overflow onto the ground. 604 . 06: OUTSIDE PARKING AND STORAGE: Subd. 1 Definitions: When used in this Section, the following words and phrases shall have the meanings ascribed to them in this subdivision: a. "Vehicle" or "vehicles" shall mean any motor vehicle as defined in Minnesota Statute 169. 01, including pioneer, classic collector and street rod vehicles but excluding the following: (This already references State statutes i. Trailers with weight classifications of A and B as provided in Minnesota Statute 168.013. Subd. le. ii. Snowmobiles, and iii. All terrain vehicles as defined in Minnesota Statute 84.92, Subd. 8. b. "Front yard area" shall mean all that area between the front property line and a line drawn along the front face or faces of the principle structure on the property extended to the side property lines. The front side of the property shall be determined as specified in the Zoning Ordinance. c. "Vital Component Parts" shall include those parts of a motor vehicle, including but not limited to the motor, drive train and wheels. d. "Occupant" shall include any person living in and under control any dwelling unit upon property wherein a motor vehicle is parked. State uses 617.80 Subd. 8 INTERESTED PARTY "Interested party" for purposes of Sections 617.80 to 617.87 means any known lessee or tenant of a building or affected portion of a building and any known agent of an owner, lessee or tenant. e. State includes definition of JUNKED VEHICLE (168 .27 Subd. 1 (12) as: "Junked vehicle" means a vehicle that is graded and stamped as a "class D" total loss vehicle under section 168A.151 . Subd. 2 Declaration of Nuisance. The outside parking and storage on residentially-zoned property of large numbers of vehicle and vehicles, materials, supplies or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it (a)obstructs views on streets and private property, (b)creates cluttered and otherwise unsightly areas, (c) prevents the full use of residential streets for residential parking, (d) introduces commercial advertising signs into area where commercial advertising signs are other wise prohibited, (e) decreases adjoining landowners and occupants' enjoyment of their property and neighborhood, and otherwise adversely affects property values and neighborhood patterns. Subd. 3 Unlawful Parking and Storage: a. No person may place, store, or allow the placement or storage of ice fish houses, skateboard ramps, play houses, or other similar non-permanent structures outside continuously for longer than 24 hours in the front-yard area of residentially-zoned property unless more than 100 feet back from the front property line. b. No person may place, store or allow the placement or storage of pipe, lumber, steel, machinery, or similar materials, including all materials used in connections with a business, outside on residentially-zoned property, unless shielded from public view by an opaque cover or fence. c. No person shall cause, undertake, permit or allow the outside parking and storage of vehicles in residentially-zoned property unless it complies with the following requirements: i. No more than four vehicles per lawful dwelling unit may be parked or stored anywhere outside on R-1 and R-2 zoned property, excluding vehicles of occasional guests who do not reside on the property. ii. Vehicles which are parked or stored outside in the front-yard area must be on a paved or driveway like surface area only. iii. All vehicles, watercraft and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away at school for periods of time but still claim their property as their legal residence shall be considered residents on the property. d. No person owning, driving or in charge of any vehicle with a weight classification G through T inclusive, as specified in Minnesota Statute 160.013, Subd, ??, may cause or permit that vehicle to be parked outside or stand continuously for more than two hours on nay property or public street within a residential zone in the City. ***Would this cover the trailers that are abundant on lawns now? e. What about some language re: rear yard parking. Would it be permissible, if so when, and how much of rear yard could be covered with driveway like surface?? Subd. 4 EXCEPTIONS: The prohibitions of this sections shall not apply to the following: a. Any motor truck, pickup truck, or similar vehicle being used by a public utility, moving company, or similar company, which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b. Any vehicle which is actually taking a pickup or delivery at the location where it is parked. Parking for any period of time beyond the period of time reasonable necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful. c. Lawful nonconforming and permitted uses. Is this a good idea to have included? Will everyone try to get their existing situation "grandfathered " in?? Subd. 5 LANDLORD'S LABILITY a. For the purpose of this subdivision, "owner" is defined to include corporations and partnerships as well as individual owners. b. Violation of the nuisance control regulations shall be the act of the owner of the residential dwelling unit as well as the persons on the premises who violate said regulations; except that the owner shall be liable only for those violations occurring after receipt written notice from the City of violation of the nuisance regulations having occurred at the residential dwelling unit. 604. 07 SPECIAL PROVISIONS - ABANDONED OR INOPERABLE VEHICLES Subd. 1. Definitions: Wee used is this Cection, the following words and phrases shall have the mcaning3 ascribed to them in this subdivision: a. MOTOR VEHICLE: Any vehicle propelled by an engine and authorized to be driven on a public highway. b. OCCUPANT: Any person living in and under control of any dwelling until upon property wherein a motor vehicle i3 parked. Subd. 1 Definitions. For purposes of this section the following words shall have the meanings specified below. a. "Abandoned Vehicle" means a motor vehicle that has remained for a period of more than forty-eight (48) hours on public property illegally or lacking vital component parts, or that has remained for a period of more than forty-eight (48) hours on private property with or without consent of the person in control of property, unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the city or to a moving contractor hired by the city for its removal. b. "Junk Vehicle" means a motor vehicle which is in operable condition, which is partially dismantled, which is used for sale of parts or. as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling or salvage of any kind, unless such vehicle is kept in an enclosed garage or storage building. A junk vehicle shall also be considered an abandoned vehicle for the purpose of this ordinance. c. "Inoperable condition" means that the vehicle has no substantial potential use consistent with its usual function, and shall include a vehicle that (i) has a missing or defective part that is necessary for the normal operation of the vehicle, (ii) is stored on blocks or jacks or other supports, or (iii) has not had a current vehicle license for at least six months. d. "Motor vehicle" or "vehicle" shall have the meaning contained in Minnesota Statute 169. 01. e. "Vital component parts" means those parts of the motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train, and wheels. Cubd. 2 Abandoned Motor Vehicle Defined: A motor vehicle will be conoidered abandoned if: a) It hao remained illegally on public property and/or it io lacking vital componcnt eight, (48) houro on private property without the con3cnt of the occupant of such property. Subd. 3 Junked Motor Vehicle Defined: A vehicle will be conoidered a junked motor vehicle if it canFret )3c -driven or propelled under ito own power, in ito exioting Subd. 4 VEHICLES CONSTITUTING A PUBLIC NUISANCE a. Abandoned and junk vehicles are declared to be a public nuisance creating a hazard to the health and safety of the public because they invite plundering, create fire hazards, attract vermin,- and present physical dangers to the safety and well being of children and other citizens. The accumulation and outside storage of such vehicles is in the nature of rubbish, litter, and unsightly debris and is a blight on the landscape and a detriment to the environment. It shall be unlawful for a person •to pile, store or keep wrecked, junked or abandoned motor vehicles on private or public property. b. Any vehicle, whether occupied or not, that is found stopped, standing or parked in violation of any ordinance or State statute; or that is reported stolen; or that is found impeding firefighting, snow removal or plowing or the orderly flow of traffic, is declared to be a public nuisance. c. Any vehicle which is impeding public road or utility repair, construction or maintenance activities after reasonable notice of the improper activities has been given to the vehicle owner or user at least twelve hours in advance, is declared to be a public nuisance. d. Vehicles without license plates: Any vehicle shall be deemed to be a junked or abandoned vehicle if said vehicle does not have attached thereto a valid and current license plate issued by the proper state agency. Subd. 3 ABATEMENT a. Impounding. Any police officer or other duly authorized person may order any vehicle constituting a public nuisance to be immediately removed and/or impounded. The impounded vehicle shall be surrendered to the duly identified owner by the towing contractor only upon payment of the required impound, towing and storage fees. (The Council has the authority to do so in State Stat. 412.221 Subd. 23 NUISANCES: The Council shall have power by ordinance to define nuisances and provide for their prevention and abatement. b. Sale. Notice and sale of any vehicle impounded under this ordinance shall be conducted in accordance with Minnesota Statute Chapter 168B, governing the sale of abandoned motor vehicles. 604 . 07 NOISE CONTROL REGULATIONS Subd. 1 Loud or Unnecessary Noises Prohibited: It shall be unlawful for any person to make or cause to be made any loud, unnecessary or unusual noise which either annoys, disturbs or affects the comfort, repose, health or peace of others. Subd. 2 Loud or Disturbing Noises Enumerated; Restrictions: The following acts set forth in the following paragraphs are declared to be loud, disturbing and unnecessary noises in violation of this Section, but said enumeration shall not be deemed to be exclusive: a. ,Construction or Repairing of Buildings: The erection, including excavating, demolition, alteration or repair of any building between the hours of ten o'clock (10: 00) P.M. and six o'clock (6: 00) A.M. on weekdays and all day Sunday, except where single individuals or families work on single-family residences for their own occupancy owned by them; except, that the Building Inspector, or his designee, in case of emergency, grant permission to repair at any time when he finds such repair work will not affect the health and safety of persons in the vicinity. b. Nighttime Noise in Residential Areas; Parties: (i) No person shall, between the hours of ten o'clock (10: 00) P.M. and seven (7 : 00) A.M. , participate in any loud party of gathering of people from which noise emanates of a sufficient volume as to disturb the peace, quiet or repose of persons residing in any residential area. (ii) Loud noises between the hours of ten o'clock (10: 00) P.M. and seven o'clock (7: 00) A.M. of such volume as to be plainly audible at a distance of one hundred feet (100' ) from the residential premises wherein such loud party or gathering is located shall be prima facia evidence of a violation of this Section. (iii)No persons shall visit or remain within any residential dwelling unit wherein such loud party gathering is taking place, except the owner, persons, residing in that unit or persons who have there for the sole purpose of abating the disturbance. Subd. 3 Landlord's Liability a. For the purpose of this subdivision, "owner" is defined to include corporations and partnerships as well as individual owners. State 566.19 Subd. 3 OWNER "Owner" means the owner or owners of the freehold of the premises or lesser estate therein, contract vendee, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation directly or indirectly in control of a building subject to the provision of the act. b. Violation of the noise control regulations shall be the act of the owner of the residential dwelling unit as well as the persons on the premises who violate said regulations; except, that the owner shall be liable only for those violations occurring after receipt of written notice from the City of violation of the noise control regulations having occurred at the residential dwelling unit. 604 . 07 : VIOLATION OF PROVISIONS: Any person violating any provision of the Chapter shall be guilty of a misdemeanor. 604 . 08 BUILDINGS OR STRUCTURES WHICH ENDANGER PUBLIC SAFETY, HEALTH OR PROPERTY WITHIN THE CITY Subd. 1 Any building or structure in the City which is found by the City Building Inspector, Fire Marshal or his designee, to be dangerous to public safety, health, or to other property by reason of: a. Damage by fire; or b. Defective chimneys or stovepipes; or c. Dilapidated condition or decay; or d. Defective electric wiring; or e. Defective gas installation; or f. Defective heating apparatus; or g. Defective sewage disposal system or plumbing; or h. Any other defect endangering the public safety, health or other property; is hereby declared to be a nuisance affecting public safety and health. Subd. 2 The Building Inspector, Fire Marshal or his designee may order such nuisance abated by ordering its repair, correction or removal: Such order shall be in writing and shall order the repair, correction, or removal of the nuisance within 30 days or such other time as the Building Inspector, Fire Marshall or his designee shall deem reasonable. Such order shall be served upon the owner, the lessee or the occupant by mail or by personal service. The order may provide that the building or structure not be further used or occupied until the repair or correction of the defect occurs. State Stat. 462 . 17 BUILDINGS DECLARED A NUISANCE states: Any building or structure erected, altered, repaired, or used in violation of sections 462 .12 to 462 .17 or any ordinance passed thereunder, shall be deemed a nuisance and may be abated at the suit of the city in civil action. The city may maintain actions for injunction to prevent violation of sections 462 .12 to 462 .17 and of the ordinances passed in pursuance thereof. Owners of land and others interested in land within the district may also maintain similar actions of abatement for injunction. 604 . 09 VIOLATION OF PROVISIONS: Any person violating any provision of this Chapter shall be guilty of a misdemeanor. State 609 . 745 PERMITTING PUBLIC NUISANCE Whoever having control of real property permits it to be used to maintain a public nuisance or lets the same knowing it will be so used is guilty of a misdemeanor. 605. 00 ENFORCEMENT It shall be the duty of the City Council to enforce the provisions of this ordinance and the City Council may, by resolution, delegate to other officers of agencies power to enforce particular provisions of this section, including the power to inspect private premises, and the officers charged with the enforcement of this ordinance shall take all reasonable precautions to prevent the commission and maintenance of public nuisances. According to State stat. 429 .021 Subd. (8) the Council of a municipality shall have the power to abate nuisances. Subd. 01 Abatement. Whenever, in the judgement of the officer charged with enforcement, it is determined upon investigation that a public nuisance is being maintained or exists within the City, such officer shall call or notify in writing the person committing and maintaining such a public nuisance and require him to terminate and abate said nuisance and remove such conditions or remedy such defects. Notice to the owner shall be satisfied by notice to ,the person listed as the taxpayer on the County's tax records. If the premises are not occupied, the address of the owner is unknown and no other responsible party can be reasonably identified, notice may be served on the property by posting a copy of the notice on the premises. Said notice shall require the owner or occupant of such premises, or both, to take reasonable steps within a reasonable amount of time to be designated in said notice, but the maximum time of the removal of said notice after service of said notice shall not in anyevent exceed 30 days. If the owner, occupant or other responsible party does not comply with the notice within the time specified, the City Council may, after notice to the owner andoccupant or other responsible party and an opportunity to be heard, provide for abating the nuisance by the City. The notice shall be served in the same manner as notice by the enforcing officer and shall be given at least ten days before the date stated in the notice when the Council will consider the matter. If notice is given by posting, at least 30 days shall elapse between the day of posting and the hearing. Subd. 2 Summary Abatement. The enforcing officer may provide for abating a public nuisance without following the procedure required in paragraph 1 above when: a. There is an immediate threat to the public health or safety. b. There is an immediate threat of serious property damage. c. A public nuisance has been caused by private properties on public property, or d. There has been a violation of 604. 03 Subd. 3r (Verify Code Number) If the enforcing officer abates the nuisance pursuant to this section, the officer must reasonably attempt to notify the owner, occupant, or other responsible party if the intended action and the attempt to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and any cost at the next regularly scheduled City Council meeting. Subd. 3 Cost Recovery. The owner of property on which a nuisance has been abated by the City, or a person who has caused a public nuisance on property not owned by that person, shall be personally liable to the City oft the cost of abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official designated by the council shall prepare a bill for the cost and mail it -to the owner or other responsible party. Thereupon, the amount shall be immediately due and payable at the office of the City Clerk. Subd. 4 Assessment. If the cost, or any portion of it, has not been paid under Subdivision ??, within 30 days after the date of the bill, the unpaid cost may be certified against the property to which the cost is attributable. Before certification against the property, reasonable notice of the impending certification and an opportunity to be heard by the Council must be given to the taxpayer • of record. Failure of the taxpayer to receive the notice shall not invalidate the certification, however. Thereafter, the unpaid cost may be certified to the County Auditor for collection along with current taxes int he following year or in such annual installments, not exceeding ten, as the council may determine in each case. Subd ??? Penalty. Any person in violation of any of the provisions in this chapter shall be guilty of a misdemeanor. Each day on which such violation continues shall constitute a separate offense. CM OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 13. 'VSSTAFF REPORT Report Number: gi-1362WS AGENDA SESSION DATE November 7, 1994 Report Date: 11 3 -94 DISPOSITION Item Description: Discussion of Adult Uses Ordinance Administrator's Review/Recommendation: C a - No comments to supplement this report / .. 1 ,L7 - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; In May of 1992, the City Council passed Ordinance No. 509 (copy attached) which placed a 12 month Moratorium on the siting of any Adult Uses within the City of Mounds View. The intent of the Moratorium was to allow the City time to review the issues relating to Adult Uses and draft an effective and useful Ordinance regulating their establishment. In May of 1993 , the Council extended the Moratorium established in Ordinance 509 for a period of 18 months. This extension has now reached its conclusion and the City will need to address the issue of Adult Uses. In preparation for this endeavor, Staff has contacted other Cities which have instituted Ordinances regulating Adult Use activities in order to determine the most appropriate and useful procedures to follow in drafting this document. Their comments are capsuled in the attached memorandum from Planning Associate Joyce Pruitt. At this point, Staff is seeking Council direction on this matter. Staff will need to know if the Council would like to have an independent study done or, if the compilation of studies done for other communities will be sufficient. Once that is determined, it is the recommendation of Staff that a document be drafted (by City Staff and Attorney) and presented for comment and discussion at the December Work Session. Paul Harrington, Communit, i Development Coordinator RECOMMENDATION; ORDINANCE NO. 509 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT USES-PRINCIPAL AS DEFINED HEREIN WITHIN ANY ZONING DISTRICT OF THE CITY OF MOUNDS VIEW The City Council of the City of Mounds View does hereby ordain: (Added portions are underscored and deleted portions are shown in brackets. ) Section 1. PREAMBLE WHEREAS, the City Council has reviewed and considered the summary of the "report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses" , dated June 6, 1989 , prepared by Hubert H. Humphrey, III, Attorney General of the State of Minnesota/Olmstead County Planning Department "Adult Entertainment Report" dated March 2 , 1988, and "A 40-Acre Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter collectively referred to as "Reports" ; and WHEREAS, the Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses; and WHEREAS, the Attorney General's Report, based upon the above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values. " In addition, the Attorney General's Working Group" . . .heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property. "; and WHEREAS, the Reports conclude that Adult Uses-Principal have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; and WHEREAS, the Reports conclude that residential neighborhoods located within close proximity to adult theaters, bookstores and other Adult Uses-Principal experience increase crime rates (sex- 1 related crimes in particular) , lowered property values, increased transiency, and decreased stability of ownership; and WHEREAS, the Reports conclude the adverse impacts which Adult- Uses Principal have on surrounding areas diminish as the distance from the Adult Uses-Principal increases; and WHEREAS, the Reports conclude that studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of Adult Uses-Principal are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior; and WHEREAS, the Reports conclude that the City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; and WHEREAS, the Reports conclude that many members of the public perceive areas within which Adult Uses-Principal are located as less safe than other areas which do not have such uses; and WHEREAS, the Reports conclude that studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to Adult Uses-Principal; and WHEREAS, the Reports conclude that the Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store; and WHEREAS, the Mounds View City Council finds the suburban characteristics of Mounds View are similar to those of the cities cited by the Reports when considering the affects of Adult Uses- Principal; and WHEREAS, the Mounds View City Council finds, based upon the Reports and the studies cited therein, that Adult Uses-Principal will have secondary effects upon certain preexisting land uses within the City; and WHEREAS, the Mounds View City Council finds that proper Planning for the siting of Adult Uses-Principal within the City is necessary in order to protect the City's planning process and the health, safety and welfare of the citizens; WHEREAS, the City's Planning Commission has been working on the updating of the City's Comprehensive Plan since 1990 including consideration of major amendments to official controls, including 2 the Zoning Code, which could affect the siting of Adult Uses- Principal within the City; and WHEREAS, the City of Mounds View wishes to study, and if necessary implement, changes to its Comprehensive Plan to provide for the orderly development of the City and finds it in the best interest of the City to take reasonable measures for a reasonable interim period of time to protect the planning process and the health, safety and welfare of its citizens until appropriate changes in the Comprehensive Plan can become effective. WHEREAS. the Mounds View City Council finds that an interim ordinance placing a moratorium on the location of Adult Uses- Principal within certain specified distances from churches, residential zoning district boundaries, schools, and youth facilities is necessary so that the City can conclude its studies and hearings relating to the amendment of the Comprehensive Plan and the adoption and amendment of official controls. Section 2. DEFINITIONS (a) Adult Uses. Adult uses include adult book stores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617 . 241 are not included. (b) Adult Uses-Principal. The offering of goods andJor services which are classified as adult uses as a primary or sole activity of a business or establishment and include but are not limited to the following: 1. Adult Use - Body Painting Studio. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or in the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas" . 2 . Adult Use - Bookstore. A building or portion of a building sued for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or 3 portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" . 3. Adult Use - Cabaret. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" . 4. Adult Use - Companionship Establishment. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" . 5. Adult Use - Conversation/Rap Parlor. A conversation/rats parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" . 6. Adult Use - Health/Sport Club. A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" . 7. Adult Use - Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" . 8. Adult Use - Massage Parlor, Health Club. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" . 9 . Adult Use - Mini-Motion Picture Theater. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a 4 building as prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by_ an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 10. Adult Use - Modeling Studio. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. 11. Adult Use - Motion Picture Arcade. Any place which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, prosectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas" . 12 . Adult Use - Motion Picture Theater. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a.prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 13 . Adult Use - Novelty Business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. 14. Adult Use - Sauna. A sauna which excludes minor by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam of hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" . 15. Adult Use - Steam Room/Bathhouse Facility. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age of if the service provided by the steam room/bathhouse facility is 5 distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" . (c) . Specified Anatomical Areas: 1. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and 2 . Human male genitals in a discernible turgid state, even if completely and opaquely covered. (d) Specified Sexual Activities. 1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or 2 . Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or 3 . Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or 4 . Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or 5. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering,-binding or other physical restraint of any such person; or 6 . Erotic or lewd touching, fondling or other sexually- oriented contact with an animal by a human being; or 7. Human excretion, urination, menstruation, vaginal or anal irrigation. Section 3 . LOCATION During the term of this Ordinance, no Adult Uses-Principal shall be located less than 750 feet from the nearest property line of any land in any residential zone, or any public day care, library, park, playground or other public recreational facility in 6 any zone, or less than 750 feet from the nearest property line of any religious institution. Section 4. VIOLATION The City may enforce any provision of this Ordinance by_ mandamus, injunction or any other appropriate civil remedy in anv Court of competent jurisdiction. Section 5. AUTHORITY This Ordinance is adopted pursuant to the authority granted to the City in Minnesota Statutes Section 462 .355, Sub. 4 , entitled, "Interim Ordinance" . Section 6. SEPARABILITY Every section, provision or part of this Ordinance or anv_ permit issued pursuant to this Ordinance is declared separable from every other section, provision or part of this Ordinance or anv_ permit issued pursuant to this Ordinance shall be held invalid by a Court of competent jurisdiction, it shall not invalidate anv other section, provision, or part thereof. Section 7 . LENGTH OF TIME This ordinance shall remain in effect for one year from the date of its effective date until such time as said ordinance shall be revoked or otherwise amended. Section 8. EFFECTIVE DATE This ordinance shall take effect thirty days (30) after the date of its publication. Read by the City Council of the City of Mounds View this 11 day of April , 1992. Read and passed by the City Council of the City of Mounds View this 27 day of April , 1992. ATTEST: Mayor OF (SEAL) - •- -� -. ' stra*•r APPROVED AS TO FORM: City Attorney 7 MEMORANDUM TO: PAUL HARRINGTON FROM: JOYCE PRUIT 419 DATE: OCTOBER 28, 1994 RE: ADULT USE STUDIES As per your direction, I have surveyed several cities to ascertain whether an adult use ordinance is in place and whether studies on secondary effects were conducted prior to the establishment of an adult use ordinance. In the Renton case it was established that the predominant concern regarding regulation of adult use establishments is the elimination of secondary effects (for example, crime, blight, or the quality of urban living). In determining secondary effects, a city may rely on studies conducted in other cities. Many of the cities I have spoken with have conducted such studies. Ramsey used a consultant to compile other muncipal studies on the impacts of adult use businesses. Bloomington, like Mounds View, did not have an adult use business in place and chose to review studies completed by other cities across the United Sates. The key is to establish the relevancy of using the findings of another City (ie. similar size, location, rate of development and the like). Listed below are cities surveyed which responded, and what studies they used to examine secondary effects of adult use businesses: • Bloomington Bloomington used Houston's studies since Houston had completed studies in 1984, 1986 and 1990 (Houston may have possibly conducted more recent studies) and a court case approved this ordinance. The City Attorney, Greg Brooker, is sending over copies of the Houston study for our use. Bloomington established the Houston findings were relevant since it is a big city but is also primarily suburban, like Bloomington. Bloomington also used the Minnesota Attorney General's Study (I was able to obtain a copy of this too- very informative). The city combined the studies they wished to use and provided the materials to a committee to review. Staff condensed the secondary points (including crime increases, deterioration rates) for the Council. The findings along with additional regulations, were combined with the existing adult use ordinance in order to strengthen it. Bloomington uses the 500' separation from other adult use businesses and residential (etc.) since the 750' requirement was found to be too restrictive. The 8% of the City's total area is in locations that happen to have fairly high rents, which may assist in deterring such business from entering. In Renton 5% of the City's land was available for adult use businesses. Bloomington's adult uses are allowable in industrial areas in both east and west locations of the City. Fridley suggested this was dangerous since they were told in a court case that allowing ADULT USE MEMO RE: CITIES USING ADULT USE STUDIES 10-28-94 PAGE TWO such businesses only in Industrial areas is too restrictive, since most adult use establishments can not afford the high rents often associated with such industrial zoning. Bloomington's Assocaite City Attorney Greg Brooker also suggested proceeding carefully with the definition of an adult use establishment. Bloomington uses the definition which asserts 40% or more of an establishment must be devoted to adult use stock items in order for it to be classified as an adult use establishment. The use of caution is due to general movie rental stores selling X-rated movies and Spencer type shops selling lingerie and adult cards. Fridley ran into this problem with an establishment called the Fantasy House. In court, a judge found Fridley's adult use business definition too restrictive since in effect it was no worse than Victoria's Secret with the sale of lingerie and adult cards. Fridley also ran into trouble since the City could not prove higher crime rates or a deterioration of the city attributable to the Fantasy House. Bloomington also noted they had a Fantasy House in the city and it has received no police calls and the mall has 100% occupancy to date, so there is no way the City could say there has been detrimental secondary effects. When I spoke with Fridley, the Fantasy House in the City has one of the highest sales within the City. Attorney Brooker also stated that Edina would possibly be on shaky ground with its classification of only 10% of stock of adult use bookstores as an adult use business. He believes it will be difficult to prove the business is detrimental to the surrounding areas with such a small stock of adult use items. • Blaine Blaine used Brooklyn Park, Detroit and Pittsburgh studies to determine what percent to zone for. • Fridley Barb D., Fridley, said the City used the APA's files which included copies of community reports (from Indianapolis, Rochester, etc). I have Rochester's but would need to obtain the others. She said if anyone wanted to come over and copy of the reports, we were welcome to. • • Hopkins Nancy Anderson, Hopkins, stated the City did not consult any studies,just simply gathered other cities ordinances and wrote their adult use ordinance. The court is reviewing their ordinance now, so as of this moment it is not un-constitutional. The city uses a 300' distance from any other adult use, residential, etc. Fridley's ordinance has been called unconstitutional by some people due to the small amount of land the City possesses; the 300' regulation leaves space in only two areas within the City for adult uses to locate. It will be interesting to see the outcome of the court ruling since like Mounds View, they do not really have much space that doesn't touch residential development within the City. ADULT USE MEMO RE: CITIES USING ADULT USE STUDIES 10-28-94 PAGE THREE Nancy and other cities interviewed recommended the following if Mounds View wished to conduct a study of another city which has an adult use in it: 1. David Licht Northwest Consulting (on Wayzata Blvd.) (Ramsey hired him to compile other city studies for Ramsey's report) 2. John Shardlow (has done work in St. Cloud) 3. Jim Thomson with Holmes and Graven (If I understood the story correctly, Jim defended Ramsey so he knows the opposing adult use attorneys tactics.) • Ramsey The city hired David Licht to conduct a study. • Rochester Conducted an in-house study, by compiling reports from other cities, by the Planning Department and City Attorney. I have a copy of this. In addition, I have discussed the need for an adult use ordinance with City Attorney Jim Thomson. Mr. Thomson has encouraged the City to consider hiring a planning consultant for preparation of the Adult Use ordinance. He commented that it may prove beneficial if the City should have to go to court over the ordinance; an outside third party creating the ordinance looks favorable in court. Mr. Thomson suggested a $5,000 -$10,000 price range for a planning consultant to prepare an adult use ordinance. This figure was based on a price range estimated for the City of Alexandria. Alexandria's cost may be higher than Mounds View's since the city is currently involved in court litigation and the consultant will be required addiontal duties in a shorter time frame. This has been a brief overview of the studies and ordinances compiled thus far. With the inherent consitutional issues involed with adult use ordinances, I would recommend the City proceed with caution in this process. If you have any further questions, please let me know. REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 4. arnfoF IllCMOS STAFF REPORT Report Number: 94-1'15 1 WR SEW AGENDA SESSION DATE November 7, 1994 Report Date: 11 3 94 DISPOSITION — Item Description: Continued Discussion of Sherwood Estates Final Plat < Administrator's Review/Recommendation: �MM - No comments to supplement this report , i1,4 - Comments attached. -1 Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; At the October 24, 1994 City Council Meeting, the Council tabled the request of Citywide Developers for a Final Plat reading on the Sherwood Estates project pending further review of the request by the City Consulting Engineer. On October 28, Rocky Keehn sent the attached letter to Jon Wilczek, engineer for the developer, outlining the items which would need to be provided for review. The attached memorandum, from Rocky Keehn to myself, was received following the review of the submitted materials. The one outstanding issue referenced in the memorandum is addressed in a letter sent to me from Jon Wilczek. Although Rocky has not commented to Staff on this issue, he will be in attendance Monday evening to answer any questions. After consultation with Rocky on the final issue, Staff will be drafting and hand carrying the appropriate Resolution for consideration by the Council to the Monday meeting. ) //1 / e- / — Paul Harrington, Con ((unity Development Coordinator RECOMMENDATION; Airr5Ell 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,Si PAUL,MN 55110 612 490-2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION October 28, 1994 RE: Mounds View, Minnesota Hydrologic Review of Sherwood Estates SEH No. A-MOUND9402.00 Mr. Jon K. Wilczek, P.E. Comstock & Davis, Inc. 1446 County Road J Minneapolis, MN 55112 Dear Jon: Based on our discussions after the Monday, October 24, 1994 Council meeting, I have summarized below the items that need to be completed and sent to us for review. This information will be required prior to final Council action on the Sherwood Estates Plat. The items required are: - Map(s) showing the drainage boundaries of the watershed for areas inside and outside the plat for existing and proposed conditions. - Runoff volume calculations using SCS methodology for the existing drainage area (assume CN=63 or use your own value with an explanation why it differs) for the 100-year, 24-hour storm and the 10-day runoff event. - Runoff volume calculations using SCS methodology for all proposed drainage areas outside the plat (use same CN used for existing conditions) and within the plat for the 100-year, 24-hour storm and the 10-day runoff event. - Ponding elevation(s) and overflow locations and elevations for existing and proposed ponding areas. Final outlet elevation of the pond next to Highway 10 based on the MnDOT culverts. - Hydraulic calculations of the storm sewer to indicate how the 10-year storm will be conveyed from Sherwood Place even if the Highway 10 pond is at the elevation of the outlet culvert located in the MnDOT right-of-way. Calculations for the 10-year and 100-year existing flow rates to the Highway 10 system (with drainage map). SHORT ELLIOTT HENDRICKSON INC- MINNEAPOLIS.MN ST CLOUD,MN CHIPPEWA FALLS,WI MADISON, WI Mr. Jon K. Wilczek October 28, 1994 Page 2 - Calculations for the proposed 10-year and 100-year flow rates to the Highway 10 system (with drainage map) - Documentation addressing items 3 (wet basement and sump pumps) and 4 (street subgrade saturation) in the project review letter sent to Paul Harrington on October 24, 1994 (copy enclosed). This information should be sent to SEH by Wednesday morning, November 2 at 8:00 a.m. This will allow us to complete our review for the City Council packet. If you have any questions, please call me at 490-2026. Sincerely, Short Elliott Hendrickson Inc. Rocky J. K-elm Project Engineer tlo Enclosure c: Paul Harrington, City of Mounds View Ken Sjodia, City Wide Developers Steve Campbell, SEH 11/03/94 15:32 FAX 612 490 2150 SEH ST. PAUL 4002/002 50 MEMORANDUM >CST.PAUL,MN ❑ MINNEAPOLIS,MN ❑ ST.CLOUD,MN ❑ CHIPPEWA FALLS,WI 0 MADISON,WI TO: Paul Harrington, Planning Department, City of Mounds View PROM: Rocky J. Keehn, P.E. DATE: November 3, 1994 RE: Mounds View,Minnesota Sherwood Estates Hydrologic Review SEH No. A-MOUND9402.00 I have completed my review of the information submitted by Jon Wilczek. Mr. Wilczek has meet all the requirements listed in the letter sent to him on October 28, 1994 except he did not address the possibility of wet subgrade in the road and wet basements. He indicated to me that this information would be sent to us on November 3. Based on the information submitted, the existing and proposed 100 year ponding elevation of the water will remain near 909.0. This assumes the ponds are dry prior to the storm. Also, the discharge rates after development will match those of existing conditions at Highway 10. tlo COMSTOCK &DAVIS, INC. Consulting Engineers&Land Surveyors November 2, 1994 1446 County Road J (85th Ave.N.E.) Minneapolis, Paul Harrington Minnesota Community Development Director 55432 City of Mounds View 2401 Highway 10 Mounds View, MN 55112 • 612 784-9346 Tel. • 612 784-9395 Fax. Re: Sherwood Estates Preliminary Plat Dear Paul, I have reviewed the concerns expressed by Rocky Keehr in his letter of October 24, 1994 to you. The specific concerns to be addressed are the possibility of problems in house basements, or non-stop pumping (sump pumps) , and saturation and weakening of the subgrade of the street. Existing homes outside the plat will not be adversely affected by the runoff from the plat, or runoff changes as a result of the plat. This is due to the fact that the theoretical 100 year - 24 hour storm, and the theoretical 100 year - 10 day runoff elevations will not be changed by the proposed plat. In fact, the actual volume of water that needs to soak into the ground will be reduced. Also, the roadway construction and storm drain construction will provide an additional overflow for the landlocked area. The soil (coarse Alluvium) in the area of the ponds has a high permeability rate and will allow any water that does pond to quickly soak into the ground. Observation of the soils in soil cores has shown the soils to remain relatively dry or moist and not saturated, even immediately after heavy rainfalls. To my knowledge, no ponding has been observed in the low areas. The water table in the area of the ponds is at elevation 901 to 903. The lowest floor elevation allowed in this area shall be 907 (per Rice Creek Watershed District) . It is anticipated that because of the permeability rate of the soil, the water will not be in the ponding areas long enough to cause any problems in most of the basements. In the case of Lot 4, Block 1; Lot 2, Block 2; and Lot 4, Block 3, the close proximity to the ponds may necessitate raising the lowest floor elevation and/or providing sump pumps. Because of the history of the water table for the entire Mounds View area, it may be prudent to provide sump pumps (as most builders do routinely) in all the houses or raise the lowest floor elevation. The lowest point in the roadway (909.75 at centerline) is over 50' from the nearest ponding area. Coarse Alluvium soils are relatively stable, even when saturated. Since fill for the roadway will either be granular borrow or the coarse Alluvial soils from on-site, no problems with saturated or weakened subgrade are anticipated. Paul Harrington November 2, 1994 Page 2. I have attached a copy of the drainage calculations for the area for your use and review. If you have any questions and/or comments, feel free to contact me at 784-9346. Thank you. Sincerely, •f COMSTOCK & DAVIS INC. Jon Wilczek, P.E. JW/mk ENCLOSURE cc: Ken S j odin cc: Rocky Keehr cc: File 9416 I y. REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 14. mosReport Number:94-1361WS STAFF REPORT � � AGENDA SESSION DATE November 7, 1994 Report Date: 11-3-94 DISPOSITION Item Description: Consideration of Filling Vacant Public Works Maintenance Worker Position Administrator's Review/Recommendation: - No comments to supplement this rep - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; At the 10/3/94 Council Worksession, the City Council authorized-staff to proceed with filling the vacant Public Works Maintenance position by advertising in the 10/9/94 Sunday newspapers. In response to these advertisements, 43 people applied for the position. On Friday, October 28 and Monday October 31, Public Works Director Mike Ulrich, City Mechanic Tim Pitman and I interviewed 7 of the most qualified candidates. As part of the interview process, the top candidate will be meeting with City Administrator Orduno on Friday, November 4 and at Monday evening's meeting, staff will present a recommendation of hire to the Council for consideration. • //-4q— i Tim Cruikshank, Asst. To City Admin. RECOMMENDATION; CITYOF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 15. 11170S STAFF REPORT Report Number: 94-136 WS � AGENDA SESSION DATE November 7, 1994 Report Date: 11 3 94 DISPOSITION Item Description: Discussion Regarding Holiday 'Pay for Housing Intern Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; The Housing Intern was hired in April to conduct a City-wide housing stock analysis. She was hired on a per hour salary without vacation, sick or health benefits. She has also not been paid for holidays, although the holiday time was calculated in the budget for her position. Staff is requesting that the Council consider granting holiday pay to the Housing Intern as it does not represent an increase in the position budget. This would require a change to the City Personnel Code, allowing for full- time 12 mont. intern to be paid for legal holidays. 4004614L Samantha ' duno, City A. 1 istrato RECOMMENDATION; 306.03 306.05 b. Employees will be given opportunity to select vacation periods insofar • as it is practical. Selection of vacation time shall be based on seniority. (1988 Code §6.23) Subd. 2. Consecutive Vacation Days: If the employee is entitled to two (2) weeks vacation, he must take one week consecutively, if an employee is entitled to three (3) or four (4) weeks, he must take two (2) weeks consecutively. (1988 Code §6.25) Subd. 3. Advance Payment: If an employee desires vacation pay in advance of vacation, he must give the Finance Director/Treasurer at least three (3) weeks notice, in writing, of each request. He would then receive his 1111 normal check to the regular pay period which occurs during his vacation. (1988 Code §6.22) 306.04: CARRY-OVER AND WAIVER OF VACATION LEAVE: An employee shall be permitted to carry over no more than ten (10) days vacation time plus the amount accrued during the previous year from one year to the next, except with Council approval. (1988 Code §6.24) 306.05: LEGAL HOLIDAYS: Subd. 1. Legal Holidays Designated: a. The following shall be legal holidays for all regular full-time i employees and regular part-time employees on a pro rata basis subject to this Title: New Year's Day, Martin Luther King's Birthday (third Monday in January), President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. b. If Christmas Day, New Year's Day, Independence Day or Veteran's Day falls on a Saturday, the preceding Friday will be considered a holiday. If Christmas Day, New Year's Day, Independence Day or Veteran's Day falls on a Sunday, the following Monday will be considered a holiday. c. Employees shall observe the days herein designated as legal holidays and receive compensation as though worked, but essential operations shall be maintained by such skeleton crews as the department head deems necessary. • City of Mounds View 306.05 306.05 Subd. 2. Employees on Leave of Absence without Pay': Wages shall not be paid for a holiday to an employee who is on leave of absence without pay the day before the holiday. Subd. 3. Work on Holidays: An employee working on a holiday shall receive his regular pay in addition to the holiday compensation herein given unless he is receiving call-out pay. (1988 Code §6.30) Subd. 4. Holiday During Vacation: When a legal holiday falls on a working day during an employee's vacation, the day of the holiday will not be counted as a day of vacation. (1988 Code §6.21) • I. See also Section 305.04 of this Title. City of Mounds View CM®F REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 16. 1110,06 STAFF REPORT Report Number: 94-1363WS W AGENDA SESSION DATE November 7, 1994 Report Date: 1 1-1-94 DISPOSITION Item Description: Consideration of New Parks and Recreation Ordinances Administrator's Review/Recommendation: - No comments to supplement this repo - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Several examples of Parks and Recreation Ordinances were requested and received by various cities. These ordinances were reviewed and sections "borrowed" in an effort to establish a whole new and comprehensive Parks and Recreation Ordinance. Our previous 3 page ordinance lacked comprehensiveness and therefore, many infractions in the parks (ie. rollerblading on the tennis courts) have been unenforceable because of lack of relating ordinance. This new 15 page ordinance is very comprehensive, up to the point of thinking that we can't do anything in the parks! However, it does provide substance for the police department for enforcement purposes. The Parks and Recreation Commission and Police Chief Ramacher has reviewed and made changes to the ordinance. This is the third draft. Now we ask that the City Council review the Ordinance for changes and with that put it in process for adoption. Mary Saarion,a or o Parks, Recreation and Forestry RECOMMENDATION: /Lx-elt /0/3//91 CHAPTER 905 PARKS AND RECREATION ARTICLE I. IN GENERAL 905. 01 In General. (a) PURPOSE. This article has been enacted, pursuant to Chapter 950, 1971 Laws of Minnesota, as amended, which authorizes the Mounds View City Council to enact ordinances to govern the conduct of members of the public during their use and enjoyment of the Mounds View Open Space System so as to further the safety, health, enjoyment and welfare of all persons in the use thereof, and to protect public property and resources for posterity. (b) DEFINITIONS: (1) "City" shall mean and refer to the City of Mounds View. (2) "Open space site" shall mean and refer to any park, reserve, special use area, golf course, linear park or any other area owned, improved maintained, operated or otherwise controlled by the City of Mounds View for recreation and natural resource preservation purposes. (3) "Park system" shall mean and refer to the City of Mounds View Park System which includes the sites and facilities owned , maintained, and operated by or otherwise under the authority of the City of Mounds View pursuant to Chapter 950, 1971 Laws of Minnesota. (4) "Parks" shall mean any area designed or used for active or passive recreation and which is owned, operated or controlled by the City or controlled by another government unit. (5) "Director" shall mean and refer to the director of parks and recreation - that person authorized by the Mounds View City Council to direct the department of parks and recreation. (6) "Person" shall mean and refer to any individual, firm, partnership, corporation and association of persons. (7) "Department" shall mean and refer to the City of Mounds View Parks and Recreation Department. (8) "Open space waters" shall mean any public shoreline owned by or under the authority of the City of Mounds View. (9) "Law enforcement officer" shall mean and refer to any person duly deputized or commissioned by the City of Mounds View, Board of Ramsey County Commissioners or the State of Minnesota for the purpose of enforcing the laws, ordinances and regulations of their respective jurisdictions. (10) "Motor vehicle" Every vehicle which is self-propelled and does not derive its power from overhead wires. Motor vehicles include, but shall not be limited to automobiles, trucks, motor bikes, mini bikes, all-terrain vehicles and snowmobiles - with the exception of battery powered wheelchairs. (c) CONSTRUCTION AND SCOPE In the interpretation of this article, all provisions contained herein shall be construed as follows: (1) Any term in the singular shall also mean the plural: (2) Any term in the masculine shall also mean the feminine and neuter; (3) Any requirement or prohibition by any provision herein, shall respectively extend to and include the causing, procuring, aiding or abetting directly or indirectly, of such acts; and the permitting or allowing any minor by the responsible parent, guardian, or custodian to commit any such act; (4) No provision herein shall make unlawful any act necessarily performed by any law enforcement officer or department employee in the line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any contract or agreement with the City of Mounds View; (5) Any act otherwise prohibited by statute or local ordinances, shall be lawful if performed under, by virtue of and strictly within the provisions of a department permit to do so, and to the extent authorized thereby. 905.02 HOURS AND ACCESS (a) The recreation and education opportunities of the system shall be available to all members of the public regardless of race, sex, age, creed, national origin or place of residency. (b) The system shall be open to the public between the hours of 6: 00 a.m. and 10: 00 p.m. , prevailing time in Mounds View. No person shall remain, stop, use or be present within the confines of any open space site between the hours of 10: 00 p.m. and 6: 00 a.m. Exceptions may be made at the discretion of the director in the case of emergency or when use permits have been authorized or for other reasons the director may determine necessary or desirable. Open space sites are subject to curfew hours in force in Mounds View. (c) Any section or part of any open space site may be declared closed to the public by the director at any time or for any interval of time, either temporarily or at regular and stated intervals, and either entirely or for certain uses as the director shall find necessary. 905.03 PERMITS (a) Permits shall be required for the exclusive use of all or portions of specific areas, buildings, and other system facilities; and for conducting special events such as those of a cultural, educational, political, religious or recreational nature; and for specific exemption from any provision of this article. Any person, group or association of persons required to obtain a permit shall file an application for such permit with the director. (b) The grantee of a permit shall be bound by this article and any department regulations in force as though the same were inserted in said permit. (c) The grantee of a permit shall be liable for any loss, damage or injury sustained by the system or by any person whatever, by reason of the negligence of the person or persons to whom such permits are issued. (d) The grantee of a permit shall not transfer or relinquish said permit to another person or group of persons without the written permission of the director. (e) The director shall have the authority to revoke a permit upon evidence of good cause. (f) No person shall in any manner disturb, harass, or interfere with the grantee of a valid permit, nor with any of the grantee' s property or equipment. (g) Permits shall be issued to adults only and said adult shall be on the premises at all times during the duration of the permit. (h) No person or group shall place or keep any goods, wares, merchandise or other articles on park property or facilities without the written permission of the director. (i) No person shall use park facilities such as picnic areas, ballfields, tennis courts or volleyball courts which have been reserved by another party, or to conduct picnic activity at reservation picnic sites in violation of a permit. 905.04 SPECIAL ACTIVITIES. (a) SWIMMING. (1) No person shall bathe, wade or swim in any open space waters or at any Mounds View beach except in such areas specifically designated for such use, and only at such times when the "beach open sign is posted and an authorized 5 lifeguard is on duty. (2) No person shall bathe, wade or swim at any beach except when dressed in bathing attire which is socially acceptable and conducive to water safety; (3) No person shall use at any beach any inner tube, water wings, raft, U.S Coast Guard approved life jackets when properly attached or other inflatable or buoyant object except if parents or a guardian adult is in the water with the child and is within arms reach; (4) No person shall possess, carry onto or scatter on any beach, any glass container, broken glass, metal can, or other debris which could be a safety hazard; (5) No person having custody of any animal shall permit said animal to enter any beach area during the swimming season so established by the director; (6) No person shall launch, dock or operate any watercraft in any designated swimming area. (7) No person shall violate rules of Lakeside Park. (c) BICYCLING (1) No person shall ride or operate a bicycle in any open space site except on designated bikeways or surfaces normally provided for vehicular traffic; (2) No person shall ride or operate a bicycle in violation of Chapter 169, Minnesota Statutes 1974, as amended. Persons riding a bicycle shall observe and obey all traffic and directional signs; (3) No person shall ride or operate a bicycle in any open space site except in a prudent and careful manner, and unless such person shall be capable of effective control and operation of said vehicle. Pedestrians and motorized vehicles shall have the right - of - way where a bikeway intersects pedestrian trails or roadways; • (4) No person shall ride or operate a bicycle in any open space site faster than is reasonable and safe, with regard to the safety or the operator and other persons in the immediate area; (5) No persons shall ride or operate a bicycle in any open space site thirty (30) minutes after sunset and thirty (30) minutes before sunrise without appropriate front and rear lighting; (6) All bicycle riders shall remain in single file and proceed in the extreme right hand lane of a drive or bikeway I at all times except when passing another vehicle or bicyclist parked or traveling in the same direction; (7) Wherever provided, bicycles shall be parked in locations set aside specifically for their storage. (d) GOLF: (1) No person or group of persons or organization shall play golf or hold a tournament or use any golf course or practice range under the jurisdiction of the City of Mounds View without having procured a permit or green fee receipt from the director or director's representative; (2) No persons shall drive, putt or in any other manner play or practice golf except in areas specifically designed for such use; (3) Valid permits or green fee receipts issued by the department shall be carried on the player, or group representative and shall be exhibited upon demand by the director or director's representative. (4) Golfers shall be properly attired in accordance with socially acceptable standards. (5) No person shall tamper with any irrigation system, tee marker, green flag, or maintenance equipment; (6) No person shall sell any merchandise on any golf course except those concessionaires authorized by the director; (7) Entrance to or exit from any golf course shall only be through designated access points. (e) BOATING: (1) No person shall on any lake, pond or stream within the City use any mechanically propelled boat or other watercraft unless being used for emergency rescue or the maintenance of the lake, pond or stream. (2) No persons shall operate any watercraft on any open space waters contrary to or in violation of Chapter 361, Minnesota Statutes 1974, as amended; • (3) No person shall operate, row or paddle a boat, canoe or other watercraft on any open space waters unless able to handle the same with safety to himself, other occupants thereof, or in such manner as not to annoy or endanger the occupants of other boats; (4) No persons shall leave any watercraft unattended except in areas specifically designated for mooring, anchoring or beaching; (5) No person shall operate watercraft within an area which has been designated as a swimming area; (6) No person shall drop or throw any watercraft garbage, litter or other debris; (7) All watercraft launched from a system facility or operating on open space waters shall have a Coast Guard approved life preserver for each occupant; (8) No person shall operate any watercraft in a careless or reckless manner. (f( MOTORIZED RECREATION VEHICLE: (1) No person shall operate a motorized recreation vehicle within any open space site except in such areas specifically designated for such use; (2) No person shall operate a nonlicensed vehicle on any parkway or other roadway within an open space site. (3) No person shall place any vehicle for sale or exchange on park property. (4) No person shall wash, grease, repair, change oil or maintain in any way a vehicle except as necessary in an emergency. (g) CAMPING: No person shall establish or maintain any camp or other temporary lodging or sleeping place in any open space site. 904 . 05 GENERAL CONDUCT: (a) DEFACEMENT, DESTRUCTION OF PROPERTY AND RESOURCES: (1) No person shall tamper with, climb on, injure, deface, destroy, disturb, damage, move or remove any part of any park building, portable bathrooms, structure, sign, light pole, drinking fountain, hydrant, picnic table, grill, trash receptacle, equipment, statute or other property found therein. This does not prohibit appropriate use of play equipment. (2) No person shall deface, disturb or remove in any manner any soil, artifact, fossil, rock or other mineral resource; (3) No person shall excavate any ditch, trench, tunnel or hole in any open space site. (4) No person shall erect or maintain a shelter, hockey goals or other structures on the ice unless the structure is portable and removed each day. (5) No minor shall possess unauthorized permanent marker, paint, matches or sharp tools. (b) PRESERVATION OF VEGETATION: (1) No person shall injure, cut, destroy, mutilate, uproot, disturb, or remove any flower, tree, shrub, or any plant whether wild or cultivated, or any part thereof; (2) No person shall plant or cause to be planted any wild, cultivated or exotic tree, shrub, or plant except in specifically designated areas with the written permission of the director; (3) No person shall fell or climb any tree; pick any flowers, fruit or vegetable (not self grown) ; trample any flowers, tree seedlings, flower beds, vegetable gardens or new turf seedlings; (4) No person shall hitch any animal or fasten, anchor or otherwise attach any wire, rope, cable, signs, posters, or other articles to any tree, shrub or plant; (5) No person shall make any unauthorized use of any open space site which is detrimental to the turf and soil conditions; (6) No person shall remove any device, apparatus or material installed for the protection, support, or preservation of any tree, shrub or plant. (7) No person shall construct or place any type of structure including but not limited to deer tree stands, playhouses, treehouses, temporary storage buildings, motorcycle or bicycle launches, temporary -shelters, tent, tarps, canopies or other such devices upon park land without permission by the director. (C) ANIMALS: (1) No person owning, being in custody, or having control of an animal, whether wild, pet or domestic, shall cause or allow such animal to roam or be at large in any open space site; (2) No person being in custody of any animal shall permit said animal to enter any beach area, nature interpretive area, wildlife refuge, golf course or park building, whether leashed or otherwise, except trained animals assisting handicapped persons; (3) No person in custody of any pet or animal shall allow said animal to disturb, harass, or interfere with other open space users or their property; (4) No person may feed wild animals or birds or deposit a food source for wild animal or birds in the park system. (5) Any unattended domestic animal or pet found roaming or at large within any open space site shall be impounded; (6) All state and local ordinances relating to the licensing and muzzling of animals and pets shall apply to same brought into any open space site; (7) No person shall release or possess any exotic or wild animal in any open space site without written permission of the director; (8) It is unlawful for any person who owns, harbors, or has custody of a dog, cat or other animal to permit such animal to defecate on any public property unless such person immediately removes the excrement and properly disposes of it. (d) HUNTING, FISHING AND MOLESTING WILDLIFE: (1) No person shall kill, hunt, trap, pursue, injure, molest or unnecessarily disturb or have in possession any species of wildlife including birds, waterfowl, fish or other animals found within the confines of any open space site, except that fishing may be permitted in designated areas subject to laws and regulations as established by the State of Minnesota; (2) No person shall rob, disturb, or molest the nest, eggs or young of any birds, or other animals within the confines of any open space site. (e) FIRES: (1) No person shall start or maintain a fire in any open space site except small recreational fires in fireplaces, fire rings and grills provided for that purpose in areas specifically designed for such use. Private grills may be used in designated areas provided that all ashes and residue therefrom be disposed of in containers provided for such disposal. (2) Any person who starts or maintains a fire in an authorized area shall exercise continuous supervision from the time the fire is kindled until it is extinguished. No fire shall cause damage or constitute a threat to site vegetation and resources, nor shall it cause discomfort to other open space users; 8 (3) The director may, at his discretion, prohibit fires for limited periods at any location for any purpose when it is necessary for the continued protection of park property and resources. (4) Minors are prohibited from possessing any means of starting a fire in City open space sites. (f) WASTE AND LITTER; (1) No person shall throw, cast, drop, pour, spill or discharge, or permit to escape in or upon any land, pond, river, creek, stream, ditch, storm sewer or drain flowing into or through any open space site, any substance, matter or thing whether solid, liquid, or gas, which shall result in the pollution of said waters, interfere with the conservation management of the water resource, or endanger the health of the public; (2) No person shall deposit in public trash receptacles any household refuse, including all organic material resulting from the manufacture, preparation, or serving of food or food products; spoiled, decayed or waste products from any source; bottles, cans or glassware; paper or paper products; crockery, ashes, rags, discarded clothing, tree or lawn clippings, leaves, weeds, waste resulting from building construction, remodeling or demolition; and other waste products, unless such refuse is the result of activities in the park in which such public receptacles are located. (3) No person shall drop, throw or otherwise leave unattended in any open space site lighted matches, burning cigars, cigarettes, tobacco, paper or other combustible material. (g) FIREARMS, WEAPONS, FIREWORKS: (1) No person shall possess, fire, discharge, or set off any firearm, missile, fireworks, or explosives in any open space site. Permits for fireworks will only be issued upon proof of adequate insurance and compliance with state statutes; (2) No person, except a law enforcement officer, shall possess or carry a firearm of any description in any open space site. No person shall possess or carry in any open space site any air gun, bow and arrow, knife with a blade greater than three (3) inches, slingshot, dart or projectile thrower, or any other dangerous or illegal weapon. (3) Any unauthorized or illegal weapon within an open space site shall be subject to seizure by a law enforcement officer. 9 (h) DISTURBING THE PEACE - CONDUCT: (1) No person, or group of persons, shall disturb the peace and good order in any open space site by either work or act; (2) No person, or group of persons, shall use threatening, abusive, insulting, obscene or indecent language or commit, perform or engage in any lewd, lascivious, obscene or indecent act; (3) No person, or group of persons shall engage in fighting, quarreling, wrangling, riotous clamor, or tumult; (4) No person, or group of persons, shall disturb, harass or interfere with any open space user or the user' s property. (5) No person shall solicit or ask anyone to commit, perform or engage in any lewd, lascivious, obscene or indecent act or behavior. (i) AUDIO DEVICES. No person shall operate or play any musical instrument, radio, television, record or tape players, loudspeaker, public address system or sound amplifying equipment of any kind in any open space site in such as manner that the sound emanating therefrom is audible beyond the immediate vicinity of the set or instrument, and subsequently interferes with the use of the open space site by other users or disturbs the residents of adjacent property. jj) LOITERING: (1) No person over the age of six (6) shall enter any comfort station or restroom, washroom or toilet facility set apart or designated for the opposite sex; (2) No person shall lurk or loiter in or around any toilet facility or other system structure except to use such facility for the purpose of which it is intended. (k) ALCOHOLIC AND INTOXICATING BEVERAGES. No person shall possess, have within his or her immediate control, display, consume or use intoxicating beverage or non-intoxicating malt beverage in or upon any public park open space. (1) PARADES, ENTERTAINMENT, PUBLIC MEETINGS. No procession, parades, pageants, ceremonies, exhibitions, celebration, training exercises, speeches, entertainment or other public gatherings shall be allowed to take place in any open space site or on any parkway except with written permission of the city council or director. (m) GAMES. No person shall engage in any potentially /0 dangerous games involving thrown or propelled objects, such as horseshoes, golf balls, darts, or similar objects except in appropriate areas specifically designated for such usage. (n) USE OF TENNIS AND BASKETBALL COURTS: (1) No persons shall use a bicycle, roller skates, roller blades, roller skiffs, skateboard or scooter, or allow a dog to be on a color coated tennis or basketball court surface, excluding hockey rink pavement which is specially designed for rollerblade use. (2) No person shall use a tennis court or basketball court while not wearing tennis shoes. (3) No person shall play continuously upon a tennis court for more than one (1) hour while others are waiting to use the court. (4) No person shall play hockey on a tennis court. (o) SKATEBOARDS: A skateboard is a footboard or similar object mounted on wheels and designed or intended to propel a rider by human power or force of gravity but without mechanical assistance. The following is not skateboards: a wheelchair operated by a disabled person. (1) It is unlawful to operate a skateboard upon the shoulder of main-travelled portion of a state or county road within the city. (2) It is unlawful to operate a skateboard carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger persons, property or the operator of the skateboard. (3) It is unlawful to operate a skateboard in a place where the surface or traffic conditions render the place unsafe for skateboarding. (4) It is unlawful to operate a skateboard on private property without the prior express permission of the owner of the property. (5) An operator of a skateboard must yield the right-of-way to any other type of vehicle or a pedestrian while the operator is entering or travelling upon a street, alley, sidewalk or bicycle path. (6) The operation and use of skateboards is restricted to paved trails, paved hockey rinks and paved parking lots which are unoccupied, located in the parks. A person who violates this section is guilty of a petty /1 misdemeanor and may be fined up to $50. (p) ADVERTISING: (1) No person shall distribute or disseminate any leaflets, pamphlets, circulars, handbills, advertisements or other written or printed material except with the written permission of the director; (2) No persons shall post, display, affix or attach any sign, poster, placard, notice, banner or advertisement to any tree, building, shelter, fence, pole or other structure except with the written permission of the director; (3) No person shall use loudspeakers, sound amplifying equipment, musical equipment or cause any noise to be made for advertising purposes or for the purpose of attracting attention to any exhibition, performance, event or other purpose except with the written permission of the director. (q) UNLAWFUL SALES. (1) No person shall sell, offer for sale, hawk, peddle or lease any object, merchandise or service or carry on any manner of business or commercial enterprise except those concessions authorized or operated by the city. (2) No person shall park or occupy a vehicle or stand to sell any farm produce, flowers, merchandise or any other product or for conducting any business or selling of services unless authorized by the City. (r) SOLICITING ALMS No person shall beg or solicit alms, donations or contributions without a valid permit. (s) PHOTOGRAPHY. No person shall take any photographs, or motion or sound pictures for commercial purposes or for use in commercial advertising except with the written permission of the director. (t) UTILITIES: (1) The location, construction or erection of any sewer, gas pipe, water pipe, hydrant, lamp post, telephone and electric power post, conduit, pump, lift station and other utility feature proposed in any open space site shall be subject to the approval of the city; (2) No person, firm or corporation shall construct or relocate any of these utility installations or fixtures without the written permission of the director; (3) Every person, firm or corporation who shall receive a contract or permit to do work shall after such work has commenced and until the same has been completed, isolate the construction area by security fencing, warning lights and signs, or other appropriate measures that will protect the public from exposure to danger and prevent unnecessary accidents. (u) LOST AND FOUND ARTICLES. Lost or mislaid articles or money or personal property which are found in any open space site shall be delivered or turned over. to the Mounds View Parks and Recreation Department. If the lawful owner of any article or money deposited with the department does not claim the same within a period of sixty (60) days, it shall be returned to the finder upon request. (v) LAW ENFORCEMENT OFFICERS AND EMPLOYEES: (1) No person shall willfully resist, refuse or fail to comply with any order, direction or request lawfully given by any law enforcement officer or department employee acting under the authority of the board and in accordance with this article. (2) No persons shall interfere with, or in any manner hinder any department employee or law enforcement officer during the performance of his assigned duties; nor any employee of a contractor or other county department engaged in construction, repairing or caring for any open space site or part thereof, or while in the discharge or duties conferred by this article. (w) POSTED REGULATIONS, DIRECTIONAL SIGNS AND GRAPHICS. No persons shall disregard or fail to comply with any posted regulations, directional signs and graphics, barriers or other control devices located within any open space site or on any parkway. 905. 06 TRAFFIC RULES. (a) No person shall drive or operate motor vehicle within any open space site except upon roadways, parking areas, parkways or other areas designated for such use. Disabled vehicles may be moved off a paved area to allow for the continued flow of traffic but the vehicle must be repaired or removed within two (2) hours, unless other arrangements are made with the director. (b) No person shall operate a motor vehicle within any open space site or on any parkway in violation of posted regulations and directional signs; Chapter 169, Minnesota Statutes, 1974, as amended; county or municipal traffic ordinances, or orders or direction of law enforcement officers or department employees. (c) No person shall drive or operate a vehicle on or along 13 any roads, drives or parking lots which have been restricted, closed or posted with appropriate signs or barricades. The director shall have the authority to order roads, drives or parking lots within any open space site or any roadway closed during the process of construction, reconstruction, or repair or when in his opinion, weather conditions render travel unsafe or unduly destructive. (d) No person shall operate a motor vehicle in a careless or reckless manner or without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles, so as to endanger the life, limb or property of any other person while in lawful use of an open space site. (e) No person shall park, stop, or leave a vehicle in any open space site or on any parkway or parking lot between the hours of 10: 00 p.m. to 6: 00 a.m. , unless a permit is obtained from the director. (f) No person shall operate a vehicle in any open space site or on any• parkway at a speed in excess of fifteen (15) miles per hour or in excess of posted speed limits. (g) No persons shall operate a vehicle in any open space site which emits excessive or irritating noise, noxious fumes, dense smoke or other pollutants. (h) No person shall wash, grease or change oil on any vehicle in any open space site. All disabled vehicles shall quickly be made operational or removed from the open space site. (i) No person shall park a vehicle adjacent to any curb painted yellow in any open space site. (j ) Vehicles illegally parked, disabled or abandoned may be towed away and impounded at the owner' s expense. Said vehicle may be sold if unclaimed after sixty (60) days to pay towing and storage charges. (k) No person shall drink, consume or have in his possession an open bottle or container of an alcoholic or intoxicating beverage in any motor vehicle when such vehicle is in an open space site or on a parkway. (1) Vehicles shall yield the right-of-way at all times to pedestrians. (m) No person shall participate in a drag race or test of unreasonable acceleration in any open space site or on any parkway. 905. 07 PENALTIES FOR VIOLATION. Regulations in this park: (a) Violating any of the provisions of this ordinance, shall be a misdemeanor. (b) Any person violating any of this article may be expelled, ejected or ousted at such time from an open space site at the discretion of a law enforcement officer. 905. 08 SEPARABILITY. The provisions of this ordinance shall be separable, and the invalidity of any section, paragraph, subparagraph, subdivision or other part thereof shall not make void, impair, invalidate or affect the remainder thereof. 905. 09 ADDITIONAL RULES AND REGULATIONS. The director may adopt additional rules and regulations not contrary to the provisions of this Code governing the use and enjoyment of parks, trails, playgrounds, lakes, ponds, streams and other publicly owned properties which shall be prominently posted or publicly announced in the places where they are intended to apply. Any person who violates a rule or regulation so posed may be excluded from the use of the park system and may in addition be prosecuted as for a misdemeanor. ITEM 10 - PARR DEDICATION ORDINANCE The park dedication ordinance is attached as well as a dedication park financial statement. The park dedication funds do not provide adequate funding for park improvements. i /‘ WY OF Agenda Section: 17. REQUEST FOR COUNCIL CONSIDERATION STAFF REPORT Report Number: 94-1364WS AGENDA SESSION DATE November 7, 1994 Report Date: 11-3-94 DISPOSITION Item Description: Consideration of Purchase of Golf COurse Equipment Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Golf Course Superintendent Kurt Johnson has received bids and provides these recommendations for purchasing the two large mowers, ranger cart and a 3 reel attachment for previously purchased greens mower. Each of the demo units have been used by both Kurt and Russ on the course within the past 2 months. LARGE ROUGH ROTARY MOWER (10'5") 1. Cushman (new) $28, 644 Diesel (demo) 26, 939 2 . Toro (new) 26,999 *Diesel (demo) 24, 999 3 . Jacobsen (new) 31, 540 Diesel (demo) 27,540 Kurt recommends purchasing the *Toro Diesel demo for $24, 999. Kurt has been using this machine as a demo and because of this he believes that all the "kinks" have been fixed so that it is a great running machine. Even though it is a demo, it has only minimal hours. Mary Saarion, D ec r of Parks, Recreation and Forestry RECOMMENDATION To approve the purchase of the lowest bids for both the Large Rough Rotary Mower and the 72" Rotary Mower which are Toro bids at$24,999 and 12,372 respectively and the purchase of Toro set of 3 cutting units for the Greensmower at a cost of$3,783 and the Demo Columbia Par Car utility vehicle for $2,501 totaling an expenditure of$43,655 to be funded with the Golf Course Revenue Bonds, 698-4121-703. STAFF REPORT PAGE TWO NOVEMBER 3, 1994 72" ROTARY MOWER 1. Cushman (new) $12,611 Diesel (demo) 12, 134 2. Toro (new) 13,462 *Diesel (demo) 12,372 with mulching unit 3. Jacobsen (new) 12,163 4 wheels (demo) 11,800 mulching deck 600 $12,400 Kurt recommends purchasing the *Toro diesel demo 72" rotary motor. This is the lowest bid, and Kurt believes that this is a good machine, with excellent parts and service nearby. UTILITY VEHICLE PAR CAR (for golf range or ranger) Columbia (demo) MTI Toro Co. $2,501 This vehicle has already been purchased, by silent auction at the Golf Course Superintendent's equipment expo - where Kurt won the silent auction, putting it only $1.00 above the minimum allowed bid. EXTRA REELS FOR GREENSMOWER (purchased earlier) One set of 3 Toro cutting units for the Greensmower $3,783 REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 19 rgilitgj STAFF REPORT Report Number: 94-1366WS Mf J'' November 7, 1994 Report Date: 10-26-94 AGENDA SESSION DATE DISPOSITION Item Description: 1994 Salt purchase Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Since the City initiated it' s own snow and ice control service, the purchase of deicing chemicals has been a necessity. In past years the City has not been able to purchase it' s total allotment at one time. The purchase of these materials has occurred late in the current years budget, and early in the following year. Problems are created when shipments of materials are reduced because funding for the entire season is not received until after January of the next year. In the last three years when the City has ordered material after the new year we have received salt that has large chunks mixed in with the granular salt . These chunks are formed when salt is exposed to moisture . This poses problems when spreading. These chunks are not always visible to the operators when loading their trucks, and plug the sander during sanding operations . Valuable time is often lost when operators must return to the shop, dump the load, clean out the sander and reload. The winter of 1993 -1994 the contracted salt company could not furnish the City with its requested bid amount . Many other cities found themselves in the same predicament . Salt became very scarce in the late months of the season. Staff was able to purchase the needed materials from another vendor, although the purchase price was approximately $10 per ton more than the City' s initial contract. Staff is requesting to purchase the City' s entire required amount for the upcoming snow season in 1994 . This purchase will exceed the minimal amount remaining in this years budget. Approximately $15, 000 is required for this season' s purchase of materials. If this winter seasons materials are purchased in their entirety this year, the 1995 budget will be utilized for the 1995 - 1996 season. Barring an extremely harsh winter in the future, this would be a one time adjustment, (catch up) in the Snow and Ice Control Program. Staff is requesting Council approval to utilize $15, 000 from the Franchise Fees to support this purchase. Should Council approve this expenditure in this manner, the balance remaining in the Franchise Fee account 1 be $36, 454 . Michael Ulrich Director of Public Works RZECOMMENDATION: Council authorize the purchase of deicing chemicals for the 1994 - 1995 snow season, utilizing $15, 000 from the Franchise Fee acc' t, and a transfer of said amount to acc' t 100-4270-127 . REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 70 nPJ)N[D 9 STAFF REPORT Report Number: 94 1367WS IngRe ort Date: AGENDA SESSION DATE November 7, 1994 p 10 20 94 DISPOSITION Item Description: School Speed Zone Warning Lights on County Road I . Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Staff met with consultants from SEH to discuss the installation of school speed zone on County Road I , and Quincy. Sign placement was discussed and approved on Quincy, and an estimate was requested for the installation of warning lights on County Road- I . The estimate for this project is $10, 240 . Although control of the lights was discussed at the meeting, the estimate does not reflect control costs . It was strongly suggested that Pinewood School turn the lights on and off from inside the building. Staff is requesting additional direction from Council as to the implementation of this project . Plans and specifications will have to be drawn, and funding sources must be obtained, bearing in mind that Ramsey County will not participate in the funding for these lights. Staff seeks Council direction in this matter. Michael Ulrich, Director of Public Works RECOM ENDATION: MEMO TO: CITY COUNCIL FROM: POLICE CHIEF DATE: NOV 1, 1994 SUBJECT: MISCELLANEOUS INFORMATION I was asked to respond in writing to the following concerns of the Council. ANIMAL ORDINANCE This year, the legislature amended a law (Chapter 401) requiring veterinarian boarding facilities to hold animals for at lest ten days. Police Department staff thought the new law applied to animals that were impounded by the City. Staff prepared an ordinance to reflect this change. Also included were some minor cosmetic changes. This item was put on the agenda. We learned just prior to the Council meeting that the change in the law may not apply to the City. We requested the item to be tabled. We further researched the law and determined that the change did not apply to animals impounded by the City. The law applies to the owner of an animal that has a written agreement with the veterinarian or boarding facility. I decided that since a major change would not be made to the ordinance, the minor cosmetic changes were not important enoughan ordinance revision. BLOCK WATCH This summer during the budget process the Council inquired about the status of our Block Watch Program. I advised them that requests for the program are few. I informed the Council to be pro-active in this area would require additional staff time. Adding five hours per week to the Community Service Officer's schedule was proposed. It was decided, at this time not to increase her hours. I suggested that we would do the following: 1. Increase Crime Prevention Tips in our regular item in the newsletter 2. Send our Community Service Officer to a Crime Prevention School in 1995. 3. Try to use our DARE Officer as a Crime Prevention Specialist. Tom Baumgart (DARE Officer) is attending a Community Policing Conference and has inquired about other related training. The unknown is how much time he can devote to this without sacrificing his DARE duties. NO PARKING 2:00 AM TO 6:00 AM This parking restriction was passed by Council in June of 1992. In July-December of 1992 hundreds of written warnings were issued. We began to issue administrative offenses and court citations for this violation in January of 1993. Statistical data to determine the impact of this ordinance on crime would be invalid for two reasons: 1. The history is to short. 2. Our computer does not differentiate between vehicles parked on street or in driveways for crimes of vandalism or theft. Obviously, we can not predict the number of crimes that were prevented by vehicles not parked on the street. It is our sense, that many were. Crimes such as hit and run, vandalism and theft were prevented because the easy opportunity is not there. Officers have stated that it is easier patrolling at night, because their attention is drawn to a lone car parked in the middle of a block. Late-night thieves don't want attention drawn to them simply by parking their car on the street. A major advantage of the parking ordinance is how it affected snow removal. The Maintenance Department reported this past winter very few vehicles were parked on the street. That caused snow removal to be quicker, safer, and less expensive. RESIDENT SATISFACTION SURVEY I was told that the Ramsey county Sheriff's Department was conducting this survey. I contacted Commander Bergeron from Ramsey County. He stated that they have been working on the format and process for the past six months, but have not as yet implemented the program. Commander Bergeron gave me the name of Phillip Powell who works for the B.C.A. Mr. Powell is said to be the "Resident Expert" on police surveys. I talked with Mr. Powell. He stated there're many types of surveys. The surveys that the results are valid are somewhat expensive. He stated that a ball park figure would be $2.50 per responder. This does not include clerical staff time to tabulate the results. I will check with Ramsey County when they get their survey up and running.