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HomeMy WebLinkAboutAgenda Packets - 1994/12/05 AGENDA MQ DAY DIE+ E MEF 5, 1994 COUNCIL WORK SESSION Q I M 1. CALL TO ORDER - TIME: 2. ROLL CALL: Linke Blanchard Quick Trude Wuori 3. Consideration of Adoption of 1995 Budget (Staff Presenter: Don Brager, Finance Director) a. Resolution No. 4674 Adopting the 1995 City Operating Budget COUNCIL ACTION: COMMENTS: b. Resolution No. 4675 Certifying the 1995 General Fund Property Tax Levy COUNCIL ACTION: COMMENTS: c. Resolution No. 4676 Certifying the 1995 Bonds and Interest Tax Levy COUNCIL ACTION: 1- ° AGENDA PAGE TWO DECEMBER 5, 1994 COMMENTS: d. Resolution No. 4677 Establishing 1995 Water Rates COUNCIL ACTION: COMMENTS: e. Resolution No. 4678 Establishing 1995 Waste Water Rates COUNCIL ACTION: COMMENTS: 4. ADJOURNMENT: Time: COUNC[L IFC)LI�Y ISSUE 1. Presentation by Minnesota Mosquito Control District - Per Councilmember Blanchard (Presenters: Jim Stark, Public Affairs Coordinator, Carla Jacobs, Operations Division Foreman) 1 AGENDA PAGE THREE DECEMBER 5, 1994 2. Presentation By Metro East Development Partnership - (Presenters: Jeff Rageth/Deborah Barkley) - Per Mayor Linke 3. Introduction of Georgine Madden, Pro Sources, Possible Facilitator for Council Strategic Planning in January - Tim Cruikshank 4. Discussion Regarding Establishment of a Community Oriented Policing Task Force - Per Councilmember Wuori 5. Discussion Regarding Election Process and Procedure (Referred from November 14, 1994 Council Meeting) - Michele Severson AGENDA PAGE FOUR DECEMBER 5, 1994 6. Discussion Regarding Accomodations for Recording Secretary - Per Councilmember Quick 7. Discussion Regarding Council Priorities and Utilization of TCAAP Properties - Per Councilmember Quick COMMUNITY DEVELOPMENT ISSUES 8. Continued Discussion of Nuisance Ordinance - Paul Harrington 9. Discussion of Adult Uses Ordinance - Paul Harrington AGENDA PAGE FIVE DECEMBER 5, 1994 10. Discussion of Rice Creek Watershed District Permitting Process - Paul Harrington IEFARKSIANDIRECREATIONIISSUESIII 11. New Parks and Recreation Ordinance Review - Mary Saarion IIEIEEPUBLIP,AFErriSSUESREEnl 12. Discussion Regarding County Road I School Speed Zone Flashers - Mike Ulrich AGENDA PAGE SIX DECEMBER 5, 1994 ;::'; �C}MIN[�TRATIV�<ISSUE 13. Quarterly Reports . Public Works . Parks, Recreation and Forestry . Police . Community Development . Finance . Administration - Human Resources - Central Services - MIS - Economic Development .14. Teambuilding 1995 IS IT . . . . For the Week of November 28 - December 2, 1994 ADMINISTRATION ADMINISTRATION This has been a very busy week. The good news is that the 1995 Budget TNT Hearing is over and it appears that the taxpayers of Mounds View are very satisfied with the way that the Council has conducted themselves as stewards of the public dollar. The bad news is there is no bad news! ! Yeah! I received two phone calls this morning from individuals who had watched the Hearing on cable and were glad to hear that the taxes had been reduced. On the issue of the Housing Inspection Program, I believe that we will have to do a very good job of informing the people, through the newsletter and newspapers, of the program that is developed and the process and procedures that will be instituted. One of the ways of establishing and maintaining awareness and support for the program may be to consider a Housing Task Force. Residents who are committed to quality and safe housing can be very strong advocates and serve to educate others. Yesterday, Jennifer Bergman, the Housing Intern, attended a full- day workshop at the National Congress of Cities Conference. The workshop provided a forum for representatives from city, federal, state and non-profit agencies to share with the attendees their housing programs and projects; programs that were designed to address the growing problem of aging housing stock. Jennifer felt it was one of the best workshops she had ever attended. I have asked her to write a summary and I have included her memorandum in this packet. Tim Cruikshank and I will be attending a National League of Cities workshop this afternoon. Cathy is attending a workshop this morning on marketing programs for cities. Diane Wuori and I will be attending the Conference all day tomorrow. We will a provide verbal report of the Conference at the Work Session Monday night. It promises to be a very good conference. Arbitration for the 1994 Police contract will take place Tuesday morning. We hope to receive a ruling within 30 days. Reminder the Agenda for December 5th will reflect the Call to Order and consideration of the Budget Resolution. Samantha Streetlight Request on Eastwood Road The request to install a streetlight on the 7700/7800 block of Eastwood Road is scheduled to be fulfilled in the next couple of weeks. According to the NSP Representative, installing the light to an existing pole has been scheduled for mid December. National League of Cities Samantha and I will be attending a transformational leadership seminar on Thursday, 12/1. It promises to be an informative session. Tim C. National League of Cities Conference: • I attended a training session held in conjunction with the National League of Cities Conference called "Connecting with Local Citizens" . The session's primary philosophy was to gain the input and participation of local citizens in fostering future plans for a city. Strategic marketing and planning was discussed as ways in which public sector can gain ownership from the residents. The training session reinforced the Mounds View's Focus 2000 approach and all the new committees and task forces that have been created. It was enlightening to see how far ahead Mounds View is from other national communities in completing a community wide strategic planning program. Attraction: • In the last issue of this is it I mentioned attending an open house at Bel Air Builders. Well the connections made have already been beneficial. Bel Air Builders are looking to build a 70,000 sq.ft. corporate headquarter facility and contacted me to see if there were any sites in Mounds View. I gave Bel Air information on North Star Site and Mounds View Business Park. I'll keep you posted if anything materializes. Cathy PARKS, RECREATION AND FORESTRY PARKS * Russ Ruzynski, who has finished work for the season at the Golf Course, has been assisting us with dormant seeding, marking sprinkling heads, and carpentry work - making shelving at Silver View Park picnic shelter storage room. His work has come in handy since daily routine parks work never ends leaving little time to get to the projects that are on the project list. * Natural gas and new furnace installation is expected to begin this week at Groveland and Hillview Park buildings. Groveland Park building replacement of rotted boards has been completed, moving on to Hillview Park building. The installation of the bathrooms will be the last and quickest part of this project. They will be completed by the time rinks open. * The Parks crew made a great sliding hill at Woodcrest Park with dirt saved from the City Hall youth ball field. In the Spring this dirt will be used when grading Woodcrest Park in anticipation of constructing a youth ball field. We hope to have some soil borings and engineer's opinion regarding the soil materials at Woodcrest Park. Some years Woodcrest Park is very very wet - unusable space - and other years it is dry enough to use . . . a weather dependant park. * Work is still going on with the water truck. It is being sand blasted this week with anticipation of beginning use in a week or two. * Plans are to begin watering down the rinks next week after the predicted warm spell later this week. * Kevin Jacobs completed his Eagle Scout project - the park sign at Random Park. A resolution will be prepared for presentation at the first City Council meeting in December. * Sliding hill at Silver View has been prepared with hay bales around the trees. It should be good sliding weather! * Rinks plan to be opened Friday, December 23 weather permitting. * Staff has received 3 volunteers for Park Patrolling as of this date. I think that is great! RECREATION * The mini sessions of after school activities begin this and next week. The activities have a holiday theme and have been very popular . . . create a treat, Mrs. Claus Crafts, Rocket Ruckus, and Make It and Wear It - classes being held in the elementary schools at Pinewood and Sunnyside. * Staff attended a meeting with the Middle School enrichment staff coordinating activities for that age group. There are many activities which are offered to middle age students - the trick is to get the information and registration transactions completed. Information at this age just doesn't reach homes like in the elementary schools. * We have had a great response to the HOLIDAY CAROLING family activity. So far over 40 people have called to say that they plan to be a part of the community caroling night! Keep your ears open on the evening of December 17 - we may just carol down your street! * The annual "Turkey Shoot" was held. Over 106 people participated. This is a family activity where children and parents team up to get a combined score for various activities including basketball freethrows, hockey goals, frisbee toss, football toss and soccer kick. It is a fun activity for the family. Winners received turkeys donated by the Mounds View Lion's Club. * The School Day off trip rollerskating was chaperoned by Mary on Veteran's Day. This too is a popular program where children have a supervised activity during days when school is not in session. Next similar activities are planned for Holiday vacation week. * This week was the last for Dana Willis, our student intern. She will now graduate from BYU and will be looking for full time work in Parks and Recreation. She has been a delight to have on-board. She is very creative in programming and will be a good employee for whoever hires her. FORESTRY * Forester Rick's central office moved to the new New Brighton Family Center last week. His new telephone number is 638-2125. * This week we will be receiving a DNR grant check of $3,500 which will be forwarded to 1995 for Spring planting. GOLF COURSE * Kurt continues to meet with vendors to get the best prices for equipment for the clubhouse. Today he met with a vendor for materials for the driving range. Office equipment has been ordered as well as tables and chairs. Kurt will be meeting with Sysco for prices on food service, etc. * The Clubhouse will get it's initiation as staff holds its annual Strategic Planning session there January 28. * It is also anticipated that cross country ski lessons will be held at the golf course this winter. * It is also anticipated that the Sunrise Seniors group will begin to use the golf course for indoor winter activities after tables and chairs and other equipment is on board. * Last payment was forwarded for process for golf course construction. The whole construction really went very smoothly - and so quickly! CABLE TV * Jerry will be finalizing the editing of video productions. Also, he will be inventorying the 1994 tapes. Mary S. FINANCE . We all had a wonderful Thanksgiving, lots to be thankful for. . Water bills were due on November 30th, which has kept Dorothy very busy. Dorothy still has four water meter readings from four different residents that she has been trying to contact since the middle of October, absolutely no response, one administrative offense has been set over a week ago and still no response. . Kitty has finished balancing the new Fixed Asset System - the Auditors will look over what has been inputted and give her the okay to start entering the 1994 assets. . The Flexible Benefit Open Enrollment period ends December 7th, get your forms into Kitty. . Mary T. Is working on balancing the 1994 surcharge accounts. . Don can rest at night a little easier now that the Budget Presentation is over for another year. Kitty POLICE * Tom Baumgart is attending DARE school this week and next. Tom called and stated the training is difficult and long (16 hr.days). Hang in there Tom. * We have been short a squad car for the past week. The front seal went out and Polar Chev. is awaiting parts. Hope to get it back today. * Dave Brick conducted a block watch meeting for the Silverview Townhouse area. Over fifty people attended. The blocks are organzied and signs will be going up shortly. * Maintenance reported little trouble in plowing the streets (very few snowbirds). The parking ban really helps. * The Chief planned on winning the Lotto and not having to write (this is it) ever again. But he was only five numbers off. Tim R. PUBLIC WORKS * The City of New Brighton assisted our crew last week on the water main break with the use of their operator and backhoe. We appreciate their promptness and hope to continue the great working relationship we have with them. * Well we survived the first major storm of the season! Our crew started plowing at 12:00pm Sunday and finished around 7:30 p.m. We returned on Monday at 4:00 a.m. and continued with the amount that fell that night. As weather permits, we will clean up the compaction on roads, to prevent rutting and ice build-ups at the curbline. We have had many residents come in to pickup the marking stakes; this will only HELP US MORE in our snow removal efforts. * Staff will be meeting with a representative from Honeywell, December 5, for the facility audits and discussions thereof. * Tuckpointing of the Well Houses are complete! The remainder of the contract, ie. clean-up, acid washing and water proofing, hasn't been done due to the existing weather conditions. * Staff is finalizing the RFP on the Water Meter changeout and automatic meter reading system. We expect to advertise next week. This proposal will require some random testing of residential and commercial meters to determine their accuracy and forecasting potential benefits and increased income. * School speed zone signs were installed on Quincy November 29. * The City passed its annual Department of Health inspection. The City's record keeping and water quality is excellent. No violations were found in the system. The only recommendation made was to continue educating and sending people to training. Mike COMMUNITY DEVELOPMENT GREENFIELD PONDS WATERMAIN BREAK COSTS In September, Staff received a letter from Catherine Harstad requesting City reimbursement for costs Harstad had incurred for a watermain break which occurred during the construction of the Greenfield Ponds development. Ms. Harstad's letter implied that the City had incorrectly installed the main back in 1960 which led to her companies' breaking the main during their work on the development. At that time, based upon the advice of the City Attorney, Staff notified Ms. Harstad that her claims were being looked into. This week, Staff received a letter from Ms. Harstad's attorney requesting an immediate response to her claims. Staff will be discussing this issue further with both the City Attorney and the City Consulting Engineer for direction. Staff finds it difficult to believe that a watermain installed in 1960, which had not had any significant problems in operation for more than 32 years, suddenly broke during the construction of a non-City project. Preliminary discussions with the Attorney and Engineer have indicated that Ms. Harstad's claims will be difficult to prove. Staff will keep the Council updated on this issue. SENIOR HOUSING DEVELOPMENT AGREEMENT After many drafts and discussions with the representatives of the Silver Lake Pointe project, the City Attorney and City Staff, a workable development agreement has been sent to Jeff Huggett of MSP Real Estate for signature by the appropriate parties. This Development Agreement covers the improvements on the site including grading, landscaping and pond construction. The Agreement is separate from the Development Agreement entered into by the EDA and ensures that the project is constructed according to City approved plans. Paul TO: MAYOR AND CITY COUNCIL FROM: SAMANTHA ORDUNO, CITY ADMINISTRATOR DATE: NOVEMBER 30, 1994 RE: INDEX FOR WEEK OF DECEMBER 5, 1994 MEETINGS SCHEDULED FOR THE WEEK OF DECEMBER 5, 1994 . Council Work Session, December 5, 7:00 p.m. . EDA Work Session ITEMS PROVIDED IN THIS WEEK'S COUNCIL 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, December 5, 1994 7:00 p.m. Council Work Session/EDA Work Session Tuesday, December 6, 1994 9:00 - 5:00 p.m. Police Labor Arbitration Wednesday, December 7, 1994 11 :30 - 5:00 p.m. Price of Government Conference - Mpls. MAYOR AND CITY COUNCIL PAGE TWO NOVEMBER 30, 1994 Thursday, December 8, 1994 1 :00 p.m. Final Meeting on Fire Budget! Friday, December 9, 1994 Vacation Day - Use or Lose WY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 3. 1111V8 STAFF REPORT Report Number: 94-1395WS AGENDA SESSION DATE DECEMBER 5, 1994 Report Date: 12-1-94 DISPOSITION Item Description: CONSIDERATION OF ADOPTION OF 1995 BUDGET Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Attached are the resolutions necessary to adopt the 1995 Budget. cz:0%,-.17%.k.(K Don Brager, Fina a Director- Treasurer RECOMMENDATION; RESOLUTION NO. 4674 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Pursuant to due call and notice thereof, a meeting of the City Council of the City of Mounds View, Minnesota was held at the City Hall, on December 5, 1994 with the following members present: and the following members absent: Member introduced the following resolution and moved its adoption: A RESOLUTION ADOPTING THE 1995 CITY OPERATING BUDGET WHEREAS, the City Council did hold a public hearing on the proposed 1995 Budget on November 30, 1994 . NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following appropriations for the calendar year 1995 are hereby approved: GENERAL FUND: Amount City Council $ 65, 107 Advisory Commissions 1, 603 Office of City Administrator 124, 097 Human Resources 27, 725 Public Information 58,838 Management Info. Systems 34,765 Elections 10,285 Financial RRT. & Auditing 51, 383 Budgeting 41, 413 Acct'g & Payroll Services 39, 326 Financial Services 26, 110 Legal 66, 500 Planning 45,209 Engineering Services 8, 547 RESOLUTION NO. 4674 PAGE TWO OF FOUR Development Review 45, 173 Inspections 98,424 Code Enforcement 35,502 Central Services 166,226 Police Administration 206, 381 Crime Prevention/Dare 17, 649 Police Patrols , 684, 419 Police Investigations 129,440 Management Info. Systems 67, 528 Fire 162, 418 Emergency Services 17, 317 Community 18,244 Streets - Pavement Mgt 198, 026 Snow & Ice Control / 57,955 Sign Maintenance 27,768 Bldg & Grnds Maintenance 49, 016 Squad & Staff Cars 48, 117 Vehicles & Equipment 20, 199 Recreation Administration 19, 691 Recreation Programming 63,779 Recreation Sales & Marketing 30,778 Parks Administration 31,402 Parks Improvement 63,434 Park Gen Maintenance - Repair 230,482 Athletic Field Maintenance , 8, 697 Tree Disease Control 24, 936 Reforestation - Beautification 15, 993 Golf Course 52, 341 Recruitment & Retention 82 ,455 Marketing 20, 973 Family Services 13,500 Contingency 60, 000 RESOLUTION NO. 4674 PAGE THREE OF FOUR Salary Adj - COLA 0 Salary Adj - Comp Worth 20000 Transfer To Other Funds 52,578 Repairs and Betterments 0 Fitness Program 7,500 TOTAL GENERAL FUND $3,449,249 OTHER FUNDS: Amount Lakeside Park $ 15, 000 Recreation Activity 212, 361 Recycling 25, 674 Cable TV 40, 830 Street Light 61, 614 Gas/Electric Franchise Fee 176,766 Tax Inc Bonds of 1988A Debt Service 831,275 Tax Inc Bonds of 1989A Debt Service 234,468 Tax Inc Bonds of 1989B Debt Service 111, 100 Tax Inc Bonds of 1989C Debt Service 188, 713 Fire Improvement Bonds of 1991 94, 596 Park Improvements 12, 500 Municipal State Aid 75, 000 Special Projects 49,554 Silver Lake Woods Project 125, 000 Tax Inc Bonds of 1988A Project Acct 1,841, 695 Tax Inc Bonds of 1989A Project Acct 417,797 Highway 10 Tax Inc Project Account 26,722 Vehicle & Equipment 98,946 Surface Water 122,808 Water Utility 751, 362 RESOLUTION NO. 4674 PAGE FOUR OF FOUR Wastewater Utility 1, 110, 195 Golf Course 511, 334 TOTAL OTHER FUNDS $ 7, 135, 310 TOTAL ALL FUNDS $10,584, 559 The motion for adoption of the above resolution was duly seconded by Member and upon a vote being taken, Ayes, Nays, said resolution was declared duly passed and adopted this 5th day of December, 1994. ATTEST: (SEAL) RESOLUTION NO. 4675 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Pursuant to due call and notice thereof, a meeting of the City Council of the City of Mounds View, Minnesota, was held at the City Hall on December 5, 1994 with the following members present: and the following members absent: Member introduced the following resolution and moved its adoption: A RESOLUTION CERTIFYING THE 1995 GENERAL FUND PROPERTY TAX LEVY BE IT RESOLVED by the City Council of the City of Mounds View, Minnesota, as follows: RESOLVED that the following sums be and are hereby levied upon the taxable property in the City of Mounds View, County of Ramsey, State of Minnesota, for the year 1995 for the following purpose to wit: General Fund Levy $1,498, 632 The motion for the adoption of the above resolution was duly seconded by Member and upon a vote being taken, Ayes Nays, said resolution was declared duly passed and adopted this 5th day of December, 1994. ATTEST: (SEAL) RESOLUTION NO. 4676 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Pursuant to due call and notice thereof, a meeting of the City Council of the City of Mounds View, Minnesota was held at the City Hall on December 5, 1994 with the following members present: and the following members absent: Member introduced the following resolution and moved its - adoption: A RESOLUTION CERTIFYING THE 1995 BONDS AND INTEREST TAX LEVY BE IT RESOLVED by the City Council of the City of Mounds View, Minnesota as follows: 1. There shall be a tax levied for repayment of General Obligation Fire Improvement Bonds, Series 1991A, and that the County of Ramsey is hereby requested and directed to levy upon taxable property within the City of Mounds View the sum of $94,596 for the payment of principal and interest on said bonds. 2 . That the bonds and interest tax levy scheduled for 1995 for the General Obligation Fire Improvement Bonds, Series 1991A is $102, 970. 3 . That sufficient funds are available to reduce the 1995 levy for the General Obligation Fire Improvement Bonds, Series 1991A is $102,970. 4 . That the County of Ramsey is hereby requested and directed to reduce by $8,374 the taxes to be levied in 1995 for the payment of principal and interest on the General Obligation Fire Improvement Bonds, Series 1991A. 5. That the total amount to be levied in 1995 for the bonds and interest levy is $94,596. RESOLUTION NO. 4676 PAGE TWO OF TWO The motion for adoption of the above resolution was duly seconded by Member and upon a vote being taken, Ayes Nays, said resolution was declared duly passed and adopted this 5th day of December, 1994. ATTEST: (SEAL) RESOLUTION NO. 4677 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SETTING WATER RATES EFFECTIVE JANUARY 1, 1995 WHEREAS, The City of Mounds View is authorized to establish water rates; and WHEREAS, The City Council has determined that it is necessary that the City adjust its water rates; NOW, THEREFORE, BE IT RESOLVED by the City- Council of the City of Mounds View, Minnesota as follows: 1. Effective January 1, 1995, the water rate will be $1.20 per 1,000 gallons. BE IT FURTHER RESOLVED that a review of the water rates to determine their adequacy will be conducted annually. Adopted this 5th day of December, 1994 . ATTEST: MAYOR (SEAL) CLERK-ADMINISTRATOR RESOLUTION NO. 4678 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SETTING SEWER RATES EFFECTIVE JANUARY 1, 1995 WHEREAS, the City of Mounds View is authorized to establish sewer rates; and WHEREAS, the City Council has determined that it is necessary that the City its sewer rates; NOW, THEREFORE, BE IT RESOLVED by the City- Council of the City of Mounds View, Minnesota as follows: 1. Effective January 1, 1995, the sewer rate will be $44.00 per quarter per REC (Residential Equivalent Connection) . BE IT FURTHER RESOLVED that a review of the sewer rates to determine their adequacy will be conducted annually. Adopted this 5th day of December, 1994 ATTEST: Mayor (SEAL) Clerk-Administrator y MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY REQUEST FOR EDA CONSIDERATION STAFF REPORT EDA MEETING DATE DECEMBER 5, 1994 EDA Action: ❑ Special Order of Business Agenda Section: , 2. ❑ Public Hearings Report Number: 94-1396WS Consent Agenda Report Date: 12-1-94 ❑ EDA Business Item Description: PRESENTATION BY METRO EAST DEVELOPMENT PARTNERSHIP Executive Director's Review/RecommendaOSP " - No comments to supplement this repo -,4,, - Comments attached Explanation/Summary (attach supplement sheets as necessary) SUMMARY: Mounds View has been part of the Metro East Development Partnership's fax list for RFP's on site information for their clients for some time. Since I started working for Mounds View I have responded to over 30 requests that would fit the criteria for available space in Mounds View. There have been another 30 requests received that are not pertinent to Mounds View but gives an general overview of the type of business growth in the Twin Cities area. At the suggestion of the Mayor, Jeff Rageth, Executive Director and Deborah Barkley, Manager of Business Development will give an overview of the various services that MEDP can provide for its members at the December work session. The City of Mounds View is not a member at this time. Membership in MEDP could be a benefit to the City's economic development efforts and marketing efforts. The services and expertise of MEDP could provide an added service to the retention and expansion of local businesses and in the attraction of new businesses. There are over 25 metro area member Cities,paying a range of$500-4,500 annually, along with approximately 80 large and small corporate members. Cathy Bennett, Economic Development Coordinator • RECOMMENDATION: 'VOF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 4. S STAF REPORT Report Number: 94-1387WS AGENDA SESSION DATE necemher 5. 1994 Report Date: 12-1-94 DISPOSITION Item Description: Discussion Regarding Establishment of a Community Oriented Policing Task Force Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) UMMARY; Councilmember Wuori has requested that this item be placed on the Agenda. The material that was handed out at the Community Oriented Policing Conference in St. Cloud has been copied and given to you with this packet. (:;d2-rlirefuno, City A inistrator RECOMMENDATION: OF MY REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 8. 'VS STAFF REPORT Report Number: 94-1389WS AGENDA SESSION DATE December 5, 1994 Report Date: 12-1-94 DISPOSITION Item Description: Continued Discussion of Nuisance Ordinance Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Attached for your review is the final draft of the proposed Nuisance Ordinance for the City of Mounds View. Staff has attempted to incorporate all comments from discussions held at the Council level into this draft. However, because of the size of the document, certain items may have been left out. Please review the document and prepare any comments you may have for the Monday meeting. l L Paula Ha ington, Community/Development Coordinator RECOMMENDATION; 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. Subd. 2. "City" as used herein, means the City of Mounds View, in Ramsey County, State of Minnesota. Subd. 3 . Where references are made herein to particular officers, boards, agencies, or the City Council, those are to that of the City of Mounds View, Minnesota unless otherwise defined. Subd. 4 . 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. Subd. 5. "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. 02 NUISANCES DEFINED: A nuisance shall mean any act, substance, matter, emission or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the City of which is offensive or has a blighting influence on the community and which is found upon, in, being discharged or flowing from any street, alley, highway, railroad right of way, vehicle, railroad car, water, excavation, building, erection, lot, grounds, or other property located within the City of Mounds View. Nuisances shall include, but not be limited to, those enumerated below: Subd. 1. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, comfort or repose of members of the public; or 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 Subd. 3 . Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is 1 specifically provided; or 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; 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: a. All ponds or pools of stagnant water. b. All decayed or unwholesome food offered for sale to the public. c. Carcasses of animals not buried or destroyed within twenty-four (24) hours after death, excluding deer. d. Accumulations of manure or rubbish. e. Privy vaults and garbage cans which are not fly- tight. f. Garbage recepticles 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 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, cans, glass, food containers or other material of any kind on private property. j . 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 2 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 quantities as to render the occupancy of property uncomfortable to a person. 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 Minnesota 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, not lawfully allowed by Minnesota State Statute. b. Betting, bookmaking and all apparatus used in such operations. c. 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. 3 d. Any vehicle used for the illegal transportation of intoxicating liquor. e. 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". Subd. 3 . Public Nuisances Affecting Peace and Safety: The following are declared to be nuisances affecting public peace and safety: a. 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. b. All limbs of trees which are less than eight feet (8') above the surface of any public street or alley. c. The outside piling, storing or keeping of old machinery, junk, furniture, household furnishings or appliances or component parts thereof, rusting metal inoperable/unusable equipment, or other debris visible on private or public property. d. 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. e. 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. f. 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. 4 g. The accumulation of any piles of wood which are not: i. Stacked or secured in a stable manner to avoid collapse. h. 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 fair market value or which are so situated as to endanger the safety of the public. i. 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. j . 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. k. All buildings and all alterations to buildings made or erected in violation of fire codes concerning manner and materials and construction. 1. Any vehicle whose wheels deposit mud, dirt, sticky substances, litter or other material on any street or highway. m. 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. n. 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. o. All use or display of fireworks, except as provided by law or ordinance. p. 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. 5 q. Radio aerials strung or erected in any manner except that provided by law or ordinance. r. 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. s. 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. t. 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. u. 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. v. The distribution of handbills, except as provided by law or ordinance. w. 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. x. 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. y. 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. z. The placement of mailboxes and other delivery receptacles on public right-of-way except those which are: aa. In compliance with United States Postal Service requirements for location and type; ii. Installed as far back from the street pavement 6 as reasonably practical to avoid snow plowing damage. bb. Erecting, painting, or placing of unauthorized traffic signs or advertising signs in streets or alleys or on sidewalks. cc. 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. 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. 7 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 but excluding the following: i. Trailers with weight classifications of A and B as provided in Minnesota Statute. ii. Snowmobiles, and iii. All terrain vehicles as defined in Minnesota Statute. 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 Title 1100 of this Code. c. "Vital Component Parts" means those parts of the motor vehicle that are essential to the mechanical functioing of the vehicle, including, but not limited to, the motor, drive train, and wheels. 8 d. "Occupant" shall include any person living in and under control any dwelling unit upon property wherein a motor vehicle is parked. Subd. 2 . Declaration of Nuisance. The outside parking and storage on residentially-zoned property of 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) introduces commercial advertising signs into area where commercial advertising signs are other wise prohibited, (d) 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. 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. 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. Vehicles which are parked or stored outside shall be on an improved surface as defined in this Code. ii. 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, as specified 9 in Minnesota Statute, may cause or permit that vehicle to be parked outside or stand continuously for more than two hours on property or public street within a residential zone in the City. 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 making 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. Subd. 5. SPECIAL PROVISIONS - ABANDONED OR INOPERABLE VEHICLES a. Definitions. For purposes of this section the following words shall have the meanings specified below. i. "Motor vehicle" or "vehicle" shall have the meaning contained in Minnesota Statute. ii. "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. iii. "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. iv. "Junk Vehicle" means a motor vehicle which is in operable condition, which is partially dismantled, which is used for sale of parts or 10 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. v. "Inoperable condition" means that the vehicle has no substantial potential use consistent with its usual function, and shall include a vehicle that (a) has a missing or defective part that is necessary for the normal operation of the vehicle, (b) is stored on blocks or jacks or other supports, or (c) has not had a current vehicle license for at least six months. Subd. 6. 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 11 state agency. Subd. 7. ABATEMENT OF VEHICLES 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. 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 NOISECONTROL 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, 12 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. 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. Subd. 1. 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 any event 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 and occupant or other responsible party and an opportunity to be heard, provide for abating the nuisance by the City. The notice shall 13 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 subdivision 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 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 for the cost of abatement, including administrative costs. As soon as the work has been completed and the cost determined, the Clerk-Administrator or their designee 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 Clerk- Administrator. Subd. 4. Assessment. If the cost, or any portion of it, has not been paid under Subdivision 3 . , 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 in 14 the following year or in such annual installments, not exceeding ten, as the council may determine in each case. Subd. 5. Landlord's Liability a. For the purpose of this subdivision, "owner" is defined to include corporations and partnerships as well as individual owners. 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. Subd. 6. 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. 15 WY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 9. STAFF REPORT Report Number: 94-1390ws 114111VBS � AGENDA SESSION DATE December 5, 1994 Report Date: 12-1-94 DISPOSITION Item Description: Discussion of Adult Uses Ordinance Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Attached for your review is the first draft of the proposed Adult Uses Ordinance for the City of Mounds View. As discussed at the November Work Session, Staff has compiled the document from existing Ordinances currently in place in other communities. Those items in bold in the draft will need to be addressed by the Council. Most deal with distances, time frames, powers of authority, etc. which can be set by the Council. Following discussion Monday Evening, Staff will proceed as directed. Pa arrington, Community Development Coordinator RECOMMENDATION; 1127 ADULT USE ESTABLISHMENTS Subd. 1. FINDINGS It is hereby found that there are within the City of Mounds View commercial premises, buildings and structures, or parts thereof, which, by reason of the design and use of such premises, buildings or structures are conducive to the spread of communicable disease of danger to persons frequenting such premises, buildings and structures, and to the public health, safety and welfare of the community. The health, safety and welfare of all persons in the City of Mounds View must be protected through the application and enforcement of standards regulating such premises, buildings and structures, in order to eliminate the possibility of the spread of, or infection by, contagious disease. The sexually transmitted disease of Acquired Immune Deficiency Disease (AIDS) , currently found to be irreversible and uniformly fatal, is found to be of particular danger to persons in this community. The incidence of this disease is found to occur in discernible population groups. The risk incidence of this disease is found to be of particular danger to persons in this community. The factors for obtaining or spreading the disease are associated with high-risk sexual conduct. The commercial premises, buildings, and structures where persons are placed at risk of infection from this disease or other communicable diseased facilitated by their design or use for high-risk sexual conduct are in need of regulation, and of establishment of minimal standards for the prevention of the spread of this disease and other communicable diseases for the protection of the public health, safety and welfare of the community. Subd. 2 . DEFINITIONS Definitions; Intent: The following words and terms, wherever they occur in this chapter, shall be construed as herein defined and as defined throughout the city code. Words not defined shall be interpreted in accordance with definitions in any standard dictionary. a. The term "high-risk sexual conduct" means: (i. ) fellatio (ii. ) anal intercourse 1 (iii. )vaginal intercourse with persons who engage in sexual acts in exchange for money. b. The term "hazardous site" means any commercial premises, building or structure, or any part thereof, which is a site of high-risk sexual conduct. c. The phrase "booths, stalls, or partitioned portions of a room or individual rooms" means: (a) enclosures specifically offered to persons for a fee or as an incident to performing high-risk sexual conduct; or (b) enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. The phrase "booth, stalls, or partitioned portions of a room or individual rooms" does not mean enclosures which are private offices used by the owners, managers, or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees. d. The phrase "doors, curtains or portal partitions" means full, complete, nontransparent closure devices through which one cannot see or view activity taking place within the enclosure. e. The phrase "open to an adjacent public room so that the area inside is visible to persons in the adjacent public room" means either the absence of any "door, curtain or portal partition" or a door or other device which is made of clear, transparent material such as glass, plexi-glass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be viewed or seen by persons outside the enclosure. f. The words "Health Authority" means the Ramsey County Health Department. g. Adult Uses: Adult uses include adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, 2 adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult motel/hotels, 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. h. Adult Use- Accessory. The offering of goods and/or services which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Adult Uses-Accessory do not include and Adult Uses-Principal as defined by Section # through # nor the rental or sale of adult magazines, adult books or adult movies, provided the display of such items complies with Minnesota Statututes, Section 617.293, is limited to no more than twenty (20) percent of the floor area of the establishment, and is not internally or externally advertised. i. Adult Uses- Principal. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a busiensss or establishment and include nut are not limited to the following: j . 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 on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas. " k. Adult Use- Bookstore: A building or portion of a building used 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 portion of a building is not open to the public generally but only to one or more classes of the public extending 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 1. 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. " m. 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. " n. Adult Use Conversation/Rap Parlor: A conversation/rap 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. " o. 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. " P. Adult Use Hotel or Motel: Adult hotel of motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented whci is distinguished or characterized by an emphasis on mater depciting describing or relating to "specified sexual activities" or "specified anatomical areas. " q. Adult Use Massage Parlors, 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" for observation by patrons therein. r. 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 4 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 display "specified anatomical areas" for observation by patrons therein. s. 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 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. t. Adult Use- Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors 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. " u. 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. v. Adult Use - Novelty Business: A business which has a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. w. Adult Use - Sauna: A sauna which excludes minors 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 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 5 steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activates" or "specified anatomical areas. " x. 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 or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas. " y. Specified Anatomical Areas: (i. ) 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 (ii. ) Human male genitals in a discernibly turgid stat, even if completely and opaquely covered. z. Specified Sexual Activities: (i. ) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, beastiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pedesatry, pedophilia, piquerism, sapphism, zooerasty; or (ii. ) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or (iii. ) Use of human ejaculation, sodomy, oral copulation, coitus, or masturbation; or (iv. ) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or (v. ) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are 6 engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of any such persons; or (vi. ) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or (vii. ) Human excretion, urination, menstruation, vaginal or anal irrigation. Subd. 3 . LICENSE REQUIRED a. No person, firm or corporation shall operate an adult use, either principal or accessory, without having first secured a license as hereinafter provided. Licenses shall be one of two (2) types: (i. ) Adult Use-Accessory (ii. ) Adult Use-Principal Subd. 4 . APPLICATIONS a. An application for a license must be made on a form provided by the city. In addition to such information as the city administrator may require in his or her sole discretion (CHECK WITH ATTORNEY- Is this a grey area? Would this be considered granting "unbridled discretion to the governmental official responsible for making the decision whether to grant a license?", the application shall also include: (i. ) The name, residence, phone number and birthdate of the applicant, if an individual; and if a corporation, the names, residences, phone numbers and birthdates of those owners holding more than five (5) percent of the outstanding stock of the corporation; (ii. )The name, address, phone number and birthdate of the manager of such operation, if different from the owners; (iii. )The premises wherein the adult use is to be located; (iv. )A building plan of the premises detailing all internal operation and activities, including a statement of total floor space occupied by the 7 business. This sketch or diagram need not be drawn to a designated scale or drawn with marked dimension of the interior of the premises to an accuracy of plus or minus six (6) inches; (v. ) Confirmation of compliance with health, fire and building regulations certified by duly authorized representatives of the health department, fire department and building officials; anyone else? (vi. )The activities and types of businesses to be conducted; (vii. )The hours of operation; (viii. )The provisions made to restrict access by minors; (ix. )A statement detailing each gross misdemeanor or felony relating to a sex offense, obscenity offense and/or the operation of adult uses and related activities of which the applicant or, in the case of a corporation, the owners of more than five (5) percent of the outstanding stock of the corporation, have been convicted, and whether or not the applicant has ever applied for or held a license to operate a similar type of business in other communities. Subd. 5. INDIVIDUALS INELIGIBLE FOR A LICENSE a. No license shall be granted to be held by any person; (i. ) Under eighteen (18) years of age; (ii. )Who is overdue or whose spouse is overdue in his or her payment to the city, county or state of taxes, fees, fines or penalties assessed against them or imposed upon them in relation to an adult use- accessory or adult use-principal; (iii. )Who has been convicted or whose spouse has been convicted of a felony or of violating any law of this state or local ordinance relating to sex offenses, obscenity offenses and\or adult uses; (iv. ) Who is not the proprietor of the establishment 8 for which the license is issued; (v. ) Who is residing with a person who has been denied a license by the city or any other Minnesota municipal corporation to operate an adult use-principal or adult-use accessory business, or residing with a person whose license to operate an adult use-accessory or adult use-principal business has been revoked within the preceeding twelve (12) months. (vi. )Who has not paid the license fee required by Section #??? (above section) . Subd. 6. PLACES INELIGIBLE FOR A LICENSE a. No license shall be granted for adult uses on any premises which has not been approved by the City's Health Official, fire department and the (who? City Administrator or his/her designee) as being in compliance with applicable laws and ordinances. All necessary inspections shall be completed within thirty (30) days from the date the application was submitted, provided the application contains all of the information required by this article. If the application is deficient, the necessary inspection shall be completed within thirty (30) days from the date the deficiency is corrected. b. The floor area to be occupied by the proposed adult use-principal shall be at least seven hundred fifty (750) feet from the nearest property line of any land in any residential zone, or any nearest property line of any land in any residential zone, or any school, day care, library, park, playground, or other public recreational facility in any zone, and at least seven hundred fifty (750) feet from the nearest property line of any religious institution. c. An adult-use principal business shall not be located within seven hundred fifty (750) feet of another adult use-principal business. d. No license shall be granted for adult uses on any premises where a licensee has been convicted of a violation of this section, or where any license hereunder has been revoked for cause, or until one (1) year has elapsed after such conviction or revocation. Check with attorney on this item- what if an applicant has been convicted of prostitution 2 years, versus 1 year ago? 9 e. Except for uses lawfully existing at the time of this article adoption, no license shall be granted for any adult use which is not in compliance with the city's zoning regulations. Subd. 7. POWERS OF THE CITY'S HEALTH AUTHORITY a. In exercising powers conferred by this or any other section of this Code relating to communicable diseases, the City's Health Authority shall be guided by the most recent instructions, opinions and guidelines of the Center for Disease Control of the United Sates Department of Health and Human Services which relate to the spread of infectious diseases. b. In order to ascertain the source of infection and reduce its spread, the City's Health Authority, and persons under the Health Authority's direction and control, shall have full power and authority to inspect or cause to be inspected, and to issue order regarding any commercial building, structure or premises, or any part thereof, which may be a site of high-risk sexual conduct. If the Health Authority determines that a hazardous site exists, the Health Authority shall declare it to be a public health hazard and public health nuisance and shall then: (i. ) Notify the management, owner or tenant of the premises that the Health Authority has reasonable belief that the premises, building or structure is a hazardous site. (ii. ) Issue two written warnings at least ten days apart to the management, owner, or tenant of the premises stating the reasons for the Health Authority's belief that the premises, building, or structure is a hazardous site. (iii. )Once such notice and warnings have been issued, the Health Authority or the Health Authority's appointee shall proceed as follows: (iv. )After the management, owner or tenant of the premises has been notified in writing as to the basis of the Health Authority's determination, the management, owner or tenant shall have ten (10) days from the date of the last warning to request a hearing before the Health Authority or the Health Authority 10 appointee for a determination as to the existence of such hazardous site. If the management, owner or tenant of the premises does not request a hearing within ten (10) days of the date of the last warning notice, the Health Authority shall then cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site. The Health Authority shall cause orders to be issued to the management, owner to tenant of the premises constituting the hazardous site to take corrective measures to prevent high-risk sexual conduct from taking place within the premises. (v. ) If the management, owner or tenant of the premises requests a hearing, the hearing shall be held before the Health Authority or the Health Authority's appointee at a date not more than thirty (30) days after demand for a hearing. After considering all evidence, the Health Authority or the Health Authority's appointee shall make a determination as to whether the premises constitute a hazardous site. The Health Authority shall then issue a decision based upon all evidence presented. If the Health Authority or the Health Authority's appointee makes a determination that the premises constitute a hazardous site, the Health Authority shall then issue an order and cause the premises, building or structure to be posted with a warning advising the public that the premises have been declared a hazardous site. (vi. ) If, within thirty (30) days from issuance of the orders to the management,owner or tenant of the hazardous site, the Health Authority determines that such corrective measures have not been undertaken, then the Health Authority may order the abatement of the hazardous site as a public nuisance, which shall be enforced by mandatory or prohibitory injunction in a court of competent jurisdiction; or may secure a court order for the closure of the premises constituting the "hazardous site" until the premises, building, or structure is in compliance with standards set forth in """ c. Any person who removes, destroys, or defaces warning posted on premises shall be guilty of a 11 misdemeanor. Subd. 8 . BUILDING STANDARDS a. No person shall own, operate, manager, rent lease, or exercise control of any commercial building, structure, premises, or portion of part thereof, which contains: (i. ) Partitions between subdivisions of a room, portion or part of a building, structure, or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition. (ii. ) Booths, stalls, or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or other forms of entertainment, having doors, curtains or portal partitions, unless such booths, stalls, partitioned portions of a room, or individual rooms so used shall have at least one side open to an adjacent public room. (iii) Any booths, stalls or aprtitioned portions of a room or individual rooms, used for the viewing of motion pictures or other forms of entertainment shall: (a. ) Be visible from a well-illuminated continuous main aisle; (b. ) Not be obscured by any curtains, door or other enclave; (c. ) Be without holes or openings in all side or rear walls or holes or openings in any other walls which are designed to allow persons to engage in specified sexual activities as specified in this section; (d. ) Not be occupied by more than one (1) person at a time; (e. ) Be illuminated by a light of no less than twenty-five (25) watts. b. All entrances and exits to businesses, with the exception of emergency fire exits which are not usable by patrons to enter the business, shall be visible from a public right-of-way. If such 12 businesses are located within an enclosed commercial complex, all patron entrances shall open onto the common concourse. c. All building openings, entries and windows shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semi-public area in conformance with architectural requirements of the zoning district. d. Signs visible to the public for adult use businesses shall comply with the city's sign ordinance and shall not contain graphic descriptions, representations of the adult use operation, or contain material classified as advertising. Furthermore, sign messages shall be generic in nature and shall only identify the type of business which is being conducted. e. The standards as set forth in this section shall not apply to buildings, structures and premises which are lawfully operating as hotels, motels, apartment complexes, condominiums or rooming houses. Subd. 9. PERFORMANCE STANDARDS ADULT USES a. Purpose. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute to the blighting or downgrading of the surrounding property and lessening of its value. b. General. Adult uses as defined in the Chapter shall be subject to the following general provisions: (i. ) Activities classified as obscene are not permitted and are prohibited. 13 (ii. ) Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. (iii. )Adult uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense or consume alcoholic beverages. (iv. ) The adult use business shall not be constructed, used, designed or operated for the purpose of facilitating or permitting persons to engage in specified sexual activities as defined in this section. c. The operators of the adult use business shall not permit specified sexual activities on the premises and shall have an affirmative duty to supervise the establishment and prevent any such activity. d. An adult use which does not qualify as an accessory use pursuant to Subdivision # of this sub-section, shall be classified as an adult use-principal. e. No minor shall be permitted on the licensed premises of an adult use-principal business unless accompanied by his parent or legal guardian. f. Any designated inspection officer or law enforcement officer shall have the unqualified right to enter, inspect and search the premises of the licensee during business hours without a search and seizure warrant. g. All license premises shall have the license posted in a conspicuous place at all times. h. Every licensee shall be responsible for the conduct of his place of business and shall maintains conditions of order. Subd. 10 ADULT USES - PRINCIPAL: a. Adult use-principal shall be located at least 750 radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult-use principal is located to the property line of: (i. ) Residentially zoned property, 14 (ii. ) A licensed day care center, (iii. )A public or private educational facility classified as an elementary, junior high or senior high, (iv. ) A public library, (v. ) A public park, (vi. ) Another adult use - principal, (vii. )An on-sale liquor establishment, or (viii. )Any church or church related organization. b. Adult-use principal activities, as defined by this Chapter, shall be classified as one use. No two adult uses-principal shall be located in the same building or upon the same property and each use shall be subject to this Section. c. Adult use-principal shall be limited to 7:00 a.m. to 12:00 p.m. for its hours of operation. A differing time schedule may be approved by the City Administrator, or their designee, subject to Council appeal, if it can be satisfactorily demonstrated by the operator to the City that extended operational hours will: (i. ) Not adversely impact or effect uses or activities within 1,000 feet. (ii. ) Will not result in increased policing and related service calls. (iii. ) Is critical to the operation of the business. Subd. 11. ADULT USE-ACCESSORY a. The adult use-accessory shall: (i. ) Comprise no more than twenty (20) percent of the floor area of the establishment in which it is located, (ii. ) Comprise no more than 20% of the gross receipts of the entire business operation, (iii) .Not involve or include any activity except the sale or rental of merchandise. 15 b. The display and display areas for adult use- accessory shall comply with Minnesota Statutes, Section 617.923 and any amendments thereto, and shall comply with all state and federal laws regarding the display and dissemination of harmful materials to minors. c. Adult use-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. d. Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access: (i. ) Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation. (ii. ) Magazines. Publication classified or qualifying as adult uses shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. (iii. )Other Use. Adult uses-accessory not specifically cited shall comply with the intent of this section subject to the approval of the City Administrator or his/her designee. Subd. 12 INVESTIGATION FEES a. At the time of each original application for a license, the applicant shall pay a minimum investigative fee. This minimum fee shall be a five hundred dollars ($500.00) per person the application, and additional direct costs associated with the investigation will be billed to the applicants(s) . The minimum investigating fee shall not be subject to refund. If the expenses of the investigation relating to any application exceed the minimum investigation fee, the city shall notify the applicant(s) of this fact and shall require the applicant(s) to pay an additional investigating fee which the city administrator deems necessary to complete the City's investigation of the applicant(s) . The applicant(s) shall pay such an additional investigating fee within five (5) days of being so notified. If such additional investigating fee is not paid within such 16 five-day period, the city shall discontinue consideration of the application. b. Each application shall contain a provision on the application in bold print indicating that any withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall bebrought to the attention of the city council by the applicant or licensee. If said changes take places during the investigation, said data shall be provided to the chief of police or the city clerk city administrator? in writing and they shall report the changes to the city council. Failure to report said changes by the applicant(s) or the licensee may result in a denial or revocation of a license. Subd. 13 LICENSE FEES a. The annual fee for an adult use-accessory license shall be five hundred ($500.00) . The annual fee for an adult use-principal license shall be five hundred dollars ($500.00) . b. Each application for a license shall be accompanied by a receipt from the city treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon rejection of any applications for a license, the treasurer shall refund the amount paid. c. All licenses shall expire on the last day in June in each year. Each license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rate fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month. d. No part of the fee paid by any license issued under this article shall be refunded except in the following instances upon application to the city administrator within thirty (30) days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one (1) month before expiration of the license because of: 17 (i. ) Destruction or damage of the licensed premises by fire or other catastrophe. (ii. ) The licensee's illness. (iii. )The licensee's death. (iv. ) A change in the legal status making unlawfulfor licensed business to continue. Subd. 14 GRANTING OF LICENSE a. The city administrator and chief of police anyone else? shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and administrative hearing, the city administrator or City Council? shall grant or refuse the application. b. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. c. Every license shall be granted subject to the above conditions and all other provisions of this section, and of any applicable sections of the code of the city or state law. Subd. 15 EXPIRATION OF LICENSE a. Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section (#-regarding application process) . Application for renewal should be made at least sixty (60) days before the expiration date, and when made less than sixty (60) days before the expiration date, the expiration of the license will not be affected. b. If the city denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of the denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became effective. Subd. 16 SUSPENSION 18 a. The city may suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has: (i. ) Violated or is not in compliance with any provisions of this section. (ii. ) Engaged in the use of alcoholic beverages while on premises. • (iii. )Refused to allow an inspection of the adult use - principal premises a s authorized by this Code. (iv. ) Knowingly (Ask Attorney- what about unknowingly permitted?) permitted gambling by any person on the adult use-principal premises. (v. ) Demonstrated inability to operate or manage an adult use-principal in a peaceful and law- abiding manner, thus necessitating action by law enforcement officers. b. A suspension by the city shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten (10) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same a the licensed premises with the person in charge thereof. Subd. 17 REVOCATION a. The city may revoke a license if it determines that: (i. ) The cause of the suspension as set forth in section # occurs and the license has been suspended within the preceding months. (ii. ) The licensee gave false or misleading information in the material submitted to the city during the application process. (iii. )A licensee or an employee has knowingly (ask Attorney- what about unknowingly?) allowed possession, use or sale of controlled substances or alcohol on the premises. 19 (iv. ) A licensee or an employee has knowingly(unknowingly?) allowed prostitution on the premises. (v. ) A licensee violating any of the provisions of MSA S 617.241 through MSA § 617.299 relating to the illegal distribution, possession or sale of obscene materials. (vi. ) A licensee or an employee knowingly (unknowingly?) operated the adult use business during a period of time when the licensee's license was suspended. (vii. )A licensee has been convicted of an offense listed in section # ( ? ) for which the time period request has not elapsed. (viii. )on two (2) or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in section # (?) for which a conviction has been obtained, and the persons or persons were employees of the adult use business at the time the offenses were committed. (ix. ) A licensee or an employee has knowingly (unknowingly?) allowed specified sexual activities to occur in or on the licensed premises. (x. ) A licensee is delinquent in payment to the county or state for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the adult use business. Can we include this regulation? Ask Attorney b. The fact that a conviction is being appealed shall have no effect on the revocation of the license. c. Section # above does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. d. When the city revokes a license, the revocation shall continue for two (2) years and the licensee shall not be issued an adult use business license for two (2) years from the date of revocation 20 i became effective. e. A revocation by the city shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten (10) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed premises with the person in charge thereof. If subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the day the revocation became effective. Subd. 18 . TRANSFER OF LICENSE a. A licensee shall not transfer this license to another, nor shall a licensee operate an adult use business under the authority of a license at any place other than the address designated in the application. Subd. 19. SEVERABILITY a. Every section, provision, or part of this ordinance or any permit issued to this ordinance is declared severable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this ordinance or any permit issued pursuant to this ordinance shall be held invalid by a court of competent jurisdiction it shall not invalidate any other section, provision, or part thereof. 21 WY 111OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 10. 0,06 Report Number:STAFF REPORT 94-1391WS � AGENDA SESSION DATE December 5. 1994 Report Date: 12-1-94 DISPOSITION Item Description: Discussion of Rice Creek Watershed District Permitting Process Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; In July of this year, the Council discussed the possibility of assuming the role of permitting authority for all water related issues within the City. At that time, Public Works Director Mike Ulrich forwarded a letter from City Consulting Engineer Rocky Keehn outlining the actions which would need to be taken in order for the City to assume the permitting responsibilities. Since July, Staff has met with Rocky to discuss the procedures which would be followed should the City assume the permitting responsibilities. The attached flow sheet provides a graphic display of the steps which would be involved. Obviously one of the major considerations in assuming the permitting authority would be direct costs to the City. In discussions with Rocky, it was agreed that the applicant should be responsible for all engineering costs associated with projects submitted for review and consideration. Currently, the City is paying in the vicinity of $80 - $100 per hour for engineering services. A policy would need to be established for securing a deposit for reimbursing costs associated with review. For your information and, to add perspective to the overall costs of reviewing projects which have water quality or wetland issues, I have included a portion of the SEH billable hours for the Sherwood Estates Plat review. I have included the letter received by Mike Ulrich and the flow sheet provided by Rocky Keehn for your review. Rocky will be in attendance on Monday Evening to further discuss the implications of assuming permitting authority and the process that would be followed should the City elect to do so. If you have any questions, please do not hesitate to give me a call. P'Harrington, Comm>1nity Development Coordinator RECOMMENDATION; VA IS DENTE-SAI UE.200 SEH ENTE.. Si?:U!..'.RV", 51090- C00 300?Zc c^' :RC.^i TR 'ARE • ENGINEERING • =;•JViRCN' E.Nr4L • TRANSPORTATION June 6, 1994 RE: Mounds View, Minnesota Misc..:llaneous Water Resources Services Implementation of LWMP SEH No. A-MOUND9402.00 Mr. Mike Ulrich Director of Public Works City of Mounds View 2401 Highway 10 Mounds View, MI\! 55112 Dear Mike: Implementation of the Local Water Management Plan (LWMP) requires approval of ordinances to adopt the LWMP as the water resources "law in the City. Once the ordinances have been approved by City Council, a permitting program can be established which allows the City to have control over all drainage and wetland issues in the City except county ditches. This letter agreement outlines the tasks and cost required to have the City take over permitting authority from Rice Creek Watershed District. This cost was not included in the scope of work for completion of the LWMP. Background Ordinances adopting the LWMP will provide the City with the necessary legal authority to manage their water resources. Adoption of the LWMP through ordinances will also allow the City to permit water resource related projects and meet the requirements proposed by agencies such as the Metropolitan Council. The LWMP.was completed at the end of 1991 and submitted to the City Council for preliminary approval. After receiving preliminary approval, the plan was sent to RCWD for review. RCWD approved the plan on January 7, 1992. One of the conditions of their approval was that the City complete ordinances which adopt the LWMP as the guideline document for water resources management in the City. Upon formal adoption of the ordinances, the City will have to determine if they wish to be the permit authority for water resources related projects and administer the requirements of the Wetland Conservation Act of 1991. The LWMP contains a brief explanation of the permit programs the City will need to develop. The following tasks are required to implement the Local Water Management Plan: 1. Submit ordinance revisions to City Council so they can begin the process of incorporating them into the City code. Mr. Mike Ulrich June 6, 1994 Page 2 ?. Make amendments to the LWMP which incorporate the Wetland Conservation Act of 1991, MS103B.3365 (Water Retention Law) and Minnesota Rules Chapter 8410 Metropolitan Area Local Water Management. 3. Determine if the City wishes to become the permitting authority for all water resources projects within the City, including permitting for the Wetland Conservation Act of 1991. 4. Pass a resolution which states how water resources related activities will be permitted in the City. Scope of Work The following tasks will be performed to provide the City'necessary tools to implement the LWMP: Task 1 - Ordinances Attend one Council work session and ttvo council meetings during the readings of the ordinance modifications. • Deliverables: None Task 2 - Amendments to the Local Water Management Plan A. Determine where the official copies of the LWMP are located. B. Submit a written request to the City staff which outlines the proposed plan amendments (Step 1 in the amendment process outlined in the LWMP, Request for Amendment). C. . After C aty staff approval, make the required modifications to the Local Water Management Plan and send to City staff and Council for review. D. Attend Council work session to describe required modifications and discuss if other changes to the plan are required at this time. E. Make modifications to plan based on City staff and Council recommendations. F. Attend Council work session and discuss final amendments to the plan. Get preliminary Council approval to submit the plan revisions to RCWD for review (Step 3 in the amendment process outlined in the LWMP, Council Consideration). G. Attend Council meeting for formal adoption of the changes to the LWMP and authorization by resolution for the revisions to be sent to RCWD for review (Step 4 in the amendment process outlined in the LWMP, Public Hearing). Mr. Mike Ulrich June 6, 1994 ['age 3 H. Make final modifications to the plan and send to RCWD for review and approval (Step 5 in the amendment process outlined in the LWMP, Watershed District Approval). I. Incorporate changes into official copies of the LWMP. J. Attend Council meeting for formal adoption of the amendments (Step 6 in the amendment process outlined in the LWMP, Council Adoption). Deliverables: Copies of the plan amendments to be added to the existing copies of the LWMP. Task 3 - Permit Program A. Review, with City staff, the -permit process developed by SEH for municipal clients who wish to become the permitting authority. B. Make required modification to the permit process to meet the requirements of Mounds View. C. Assist City staff in determining the cost to implement the permit program. D. Assist in preparing a staff report on the feasibility of administering the permit program. E. Attend a Council work session to discuss the permit program recommended by City staff. F. Revise permit program based on comments by City Council. C. Submit final permit program to City staff which will include a resolution which describes City permit program. H. Attend Council work session on final permit resolution • I. Attend Council meeting which passes the permit resolution. Deliverables: Summary report (10 copies) on the recommended permit program for Mounds View. Task 4 - Final Permit Forms and Information Package Prepare permit package for the City to distribute to property owners and developers. Deliverables: Permit program forms and information package in WordPerfect Format and one copy of the data. Mr. Mike Ulrich June 6, 1994 Page 4 Method of Compensation For completion of the ordinance and permit program for the City of Mounds View as identified in the Scope of Work, we propose you compensate us on a hourly basis plus reimbursable expenses as outline in our Letter of Agreement dated June 10, 1991. We will complete the project in four separate phases. We will begin each phase upon written or verbal authorization from the City. We agree that the cost for Tasks 1, 2 and 3 will not exceed the amount given in Table 1 below without a Supplemental Agreement to adjust the scope of work and/or cost. Task 4 is a preliminary cost estimate which will need to be adjusted based on the permit program the City wishes to develop. The total project cost is estimated to be S8,300. Table 1. Summary of Project Costs Task Cost Task 1 - Final Ordinances S 300 Task 2 - LWMP amendments S1,900 Task 3 - Permit Program 53,100 Task 4 - Permit Forms and Information Package 53.000 Total Project Costs S8,300 Client Responsibilities To complete the above referenced document, the City will need to: For Task 1: Provide SEH with a schedule which outlines when the ordinances will be • introduced by the Council to the public. Submit the ordinance revisions to the Council for adoption in the existing City code. Review the ordinance revisions with the City Attorney. For Task 2: Review the changes to the LWMP (Step 2 in the amendment process outlined in the LWMP, Staff Review of the Amendment). Determine where the official copies of the LWMP are located. Mr. Mike Ulrich June 6, 1994 Page * Determine the Council work session at which the information will be provided to the Council. For Task 3: * Review the preliminary permit program developed by SEH. * Meet with SEH to determine what type of permit program the City wishes to develop. * Determine the staff time and cost to administer the permit program. * Prepare a staff report on the feasibility of the City being the LGU and permittee for water resources projects within the,City. For Task 4: * Review the final permit package to be given to individuals with project that require permitting. Schedule We will complete Task 1 based on a schedule developed by the City. Task 2 will begin as soon as You authorize us to begin. The review of the plan should take two weeks. If this letter agreement is approved by June 3, 1994 the revision will be ready for the June 20, 1994 work session. We should be able to assist the City in preparation of a report to be on the feasibility of being the permitting authority by the end of June. As soon as we receive your authorization to proceed, we will begin the project. If you have any questions or wish to make modifications to the agreement, please call me at 490-2026. Sincerely, Short Elliott Hendrickson Inc. kr.) / '1/ -/ Rocky J. Keehn, P.E. Project Manager, Water Resources Department tlo c: Samatha Orduno, City of Mounds View Steve Campbell, SEH Mark Lobermeier, SEH JOB Short-Elliott-Hendrickson, Inc. SHEET NO. OF Consulting Engineers, Architects and Planners St. Paul, Minnesota-Chippewa Falls,Wisconsin CALCULATED BY DATE St. Cloud, Minnesota- Madison, Wisconsin CHECKED BY_ DATE Minneapolis, Minnesota SCALE OVE I EVJ ?QE LSM tvkie P6e$4 « � Pa�EJ ) L ' ' 41_ '2Ml j (? E Z) 65/vE(2/it 14/416C WC A �csavI2cis iPile 3 (Pc,, • 4� Mounds View General Permit Process (Preliminary Permit) Permittee City Consultant Permit>tnoiry to City k y Fills out Preliminary 'a, F0x " Permit Application FF £ £� F F. Form and Sends to Cityi. a"i - ° ta j r _` It •No eetimt �. 7 Req° rer�;`ith-the'\ �' all ee f Yes r .6. Yes °tiiedat ,.eat ?- No r : Fi'uk Optional MeetangsWath iMeetingwith Permit Permittee wFAthority �.. � � � - r SEH ei ,,49,v,pg OgiiiRaiggistanoctio Ma's: a Discussions Permit Determination �, .&,� with£City, :410.431.3 :- o r a ata .a r 1°.4Mtitp�az atNo aPent °ry F r £ er a fr . > e uired , F _ gt F',":".-.t1..1.:;-:%;...;,•:," :a ag e £Project yt ` : j Ar711tee Onaitigo,,.,„i a €sem, Yes Go.to Fina[ Permit Process 1 Page 2 Page 1 of 4 Mounds View General Permit Process (Final Permit) Permittee City Consultant From Page 1 Permit Required PreiPpare and Submit Permit Application ., to City g t:.,M,ettrt ttae General Water Wetland Resources v Conservation Act Y � �•r -£ Si'flikrarigjtalaii,k4 AktiIgni- O ' ,taPermit Ilata fiin the Package? :fit: No -. Yes FitEffirtitilingmagg ,V. ns uIIta n} 9 S �' ..- ani; i o ti Admtntstert ra �tr a, . e Yes Sitcounts i fermi ems; No s A Perm <,. 7 egtttred?. _ 7 r Gotto General£ Bi o tokz Water F "�WCA�£ Resources r Permit e Permit s Implementation Implementation Process Process r --:-,45tgigaggiggaw Page 2 of 4 Page 3 Page 4 General Water Resources Permit Implementation Process Permittee City Consultant From Page 2 Discussions of Perini# z tty fievis 3 Final Review ;SEH H;.Keehet DiscussionseviewFdings 4,k0WwlituZity4tafteNsb No4i [>if h ermtiifted . E < II ri lastme Nur- Yes No • Appeal1Made?m Project fi4„, <. Ends Yes • Appeal to City Council .; No sthe 1ppeal . Yes ge m Project.:::... Successfiul? g j t Project ` ''" Ends Perform Conditions Discussions `of Permit `—' `f{e Acfi ti ► Answer Questions on Permit Complete Project Page 3 of 4 P 1 _ �EtadUrrY � a WCA Permit Implementation Process Permittee City Consultant From Page 2 Discussions Consuaf eviewem F.tagivtyReuie>v ` ,`, i, ofPet Final Review :SEX R Keehn;� Discussions ReieFndigs11 ." f . „CiyRview NthCityStaffelPai No SAA tivity = 1; ty�'CouncililRevie NOY Perm tted Saar iid�ACtion Yes No s 0 APpeaiMade?_, Project ' Begm Project Ends ":. ; Yes •Appeal.to BSWR Pertomi Conditions s Discussions ,,Review Activity ,< . E R of Permit � .. ,sc< .,.., <<> . r eytew Activity z Discussions -ai Annual Report .:< No s is : eal Yes P f' titei+ Anirua Repot Review Annual Report Successful? ,;= Project 4 F> i Ends . F :* f 41k Site,; ..-.<, Arae No h, � e Yes �r�;Mttig�ion Seeg Pface .: Sites fora Years?: Working? Vigfier Yes Complete Project S r'Esixoitt Ret ij _ i lose4) ,Rro ect . ��. 4.,- , ,S�lp Page 4 of 4 ,irINVOICE eri 3535 VADNAIS CENTER DRIVE.200 SEH CENTER.ST.PAUL.MN 55110 612 490-2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION August 18 , 1994 Invoice No. 23999 Project No . AMOUND9408 . 00 CITY OF MOUNDS VIEW ATTN: MIKE ULRICH MAINTENANCE SUPERVISOR 2401 HIGHWAY 10 MOUNDS VIEW, MN 55112-1499 For: MISCELLANEOUS SERVICES REQUIRED BY CITY STAFF Professional Services for the Period Ending July 31, 1994 July 5 , 8 , and 18 Review City Hall parking lot plan. Prepare information and cost estimates for City Hall parking lot . _ <7/7z/ 7c-- Project Manager 3 . 0 hrs $242 . 55 Sr. Professional Engr 1 . 0 hr 91 . 70 $ 334 . 25 July 8 and 13 Review plat for Northridge Villas . Project Manager 3 . 0 hrs 242 . 55 July 13 Review Northridge Villas site plan for compliance to LWMP . Professional Engineer 2 . 0 hrs 138 .44 - July 13 Review Sherwood Estates site plan for compliance to LWMP. Professional Engineer 1 . 0 hr 69 . 22 CONTINUED SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS.MN ST CLOUD.MNCHIP. _Pr WA FALLS. WI MADISON. WI CITY OF MOUNDS VIEW INVOICE NO. 23999 AUGUST 18 , 1994 PAGE #2 July 14 Prepare cost estimate for utility work on Northridge Villas . Prepare memo to Paul Harrington regarding utility and pond cost estimate . Professional Engineer . 5 hr $ 37 . 73 Word Processor . 5 hr 19 . 34. $ 57 . 07 July 18 City Hall parking lot design review and presentation. Project Manager 5 . 0 hrs 404 . 24 July 20 and 22 Ot Review Sherwood Estates plat and meet with developer and Paul H. Professional Engineer 3 . 0 hrs 207 . 67 July 21 Prepare memo regarding Northridge Villas preliminary site and utility plans . Word Processor . 5 hr 17 . 33 Word Processing 3 . 75 21 . 08 July 25 Attend drainage information meeting with staff. Visit site for drainage problems with Mike V. Project Manager 1 . 0 hr 80 . 85 Professional Engineer 1 . 0 hr 69 . 22 150 . 07, CONTINUED CITY OF MOUNDS VIEW INVOICE NO. 23999 AUGUST 18 , 1994 PAGE #3 40;:July 25 Prepare memo to Paul Harrington regarding Sherwood Estates preliminary plans . Word Processor . 5 hr $ 19 . 34. Word Processing 3 . 75 $ 23 . 09. July 27 Attend NSP energy audit meeting. Project Manager 2 . 0 hrs 161 . 70 Total Now Due and Payable $1 , 809 . 38 j 9 ) / d v - "I _ 1 �f' c- / , /. i (.;, o - y/Z � - Ui / j l INVOICE „sal3535 VADNAIS CENTER DRIVE,200 SEH CENTER.ST.PAUL.MN 55110 (612)490-2000 1-800-325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION October 26 , 1994 Invoice No. 25225 Project No. AMOUND9402 . 00 CITY OF MOUNDS VIEW ATTN: SAMANTHA ORDUNO CITY ADMINISTRATOR 2401 HIGHWAY 10 MOUNDS VIEW MN 55112-1499 For: MISCELLANEOUS WATER RESOURCES SERVICES Professional Services for the period ending September 30 , 1994 Hours Amount 4re September 20 Meet with Paul Harrington to discuss trucking lot expansion and Sherwood Estates Project PROJECT MANAGER 2.0 142 . 91 September 28 Discussed with Paul Harrington trucking lot expansion, called Merila & Associates, sent memo to Paul on the project PROJECT MANAGER 2 . 0 142 . 91 TOTAL NOW DUE & PAYABLE $ 285 . 82 SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS.MN ST. CLOUD.MN CHIPPEWA FALLS. WI MADISON. WI An Affirmative Action.Equal Opportunity Employer REQUEST FOR.COUNCIL CONSIDERATIONIllor Agenda Section: 11. CMOS STAFF REPORT Report Number: 94-1392WS E AGENDA SESSION DATE DECEMUER 5, 1994 ReportDate12 12-1-94 DISPOSITION Item Description: NEW PARKS AND RECREATION ORDINANCE REVIEW Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; -- This item was tabled at the November worksession to be disussed at the December Worksession. 'Attached please find the draft of New Parks and Recreation Ordinance. _...•.••-- °''ZZ,/. ',/gP:./ Mary /Sa-ri.., , Director of Parks, Recreation and Forestry RECOMMENDATION; );) , /4110-44L5- ill OF ' REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 16. MHOS STAFF REPORT Report Number: 94-1363WS EW AGENDA SESSION DATE November 7, 1994 Report Date: 11—'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.) T JMMARY; 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, Dire or o Parks, Recreation and Forestry RECOMMENDATION; 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. 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 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 operateoa 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. /-n (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; K (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. (j ) 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 i4 misdemeanor and may be fined up to $50. jp) 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 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. 1 REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 12_ (o1MHOS Report Number: 94-1393WS STAFF REPORT firs AGENDA SESSION DATE December 5, 1994 Report Date: 11 29 94 DISPOSITION Item Description: County Road I School Speed Zone Flashers Administrator's Review/Recommendation: - No comments to supplement this repo , P - Comments attached. Explanation/Summary (attach supplement • .• s as necessary.) SUMMARY; At the November 7, 1994 Council Work Session, staff was directed to seek cost estimates for plans and specifications for the installation of School Speed Zone flashers on County Road I, in relation to the Pinewood School vicinity. Staff has received an estimate from SEH for this project . The estimated cost will include the following services : 1 . Design of the flasher system. 2 . Preparation of drawings and specifications for the solicitation of price quotations from contractors for the performance of the work. 3 . Review of the design with Ramsey County. 4 . Assistance with the review of the quotations received. Services will not include the design and routing of conduit and wiring inside of the school building. SEH will, however, work closely with school personnel to accommodate the installation of equipment to operate the system from a convenient location of their choice. Construction services, if required, will be addressed under a separate agreement . The estimated fee for the above services is to be $2, 500 . Also discussed at the work session was the possible funding source or sources for this project . I believe Councilmember Wuoir was going to approach the PTA, as to the possibility of them contributing to this project . It is at this time that this matter is brought before Council for further discussio , rid direction. Ge'r. ' --'--; '' Michae Ulrich, Director of Public Works RECOMMENDATION; arry REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 13. STAFF REPORT Report Number: 94-1394WS 11111711 � AGENDA SESSION DATE December 5.x.994 Report Date: 12-1-94 DISPOSITION Item Description: PUBLIC WORKS — THIRD QUARTER REPORT Administrator's Review/Recommendation: - No comments to supplement this report g - Comments attached. Water Department - 138, 774, 000 gallons of water pumped. - Installed new differential gauges at Treatment Plants 2 & 3 . - Tuckpointing completed at Well's 4, 5 and 90% of Well 6. (Well 2 and Booster Station to be completed this fall. ) - Clean and inspect under-drain system at Well 6. Continue to monitor filter progress. - New driveways at Well 4, 5 and 6 completed. - Finished painting all hydrants, this program was started in 1993 . (Summer painting only. ) - Raised 1/2 dozen hydrants to proper grade level. - Monitor water at Treatment Plants 2 & 3 for filter quality in newly revised plants. - Assemble new testing labs at Treatment Plants 2 & 3 . - Continue working on problems with de-humidification units at Wells 5 & 6. Statistics on Treatment Plant 2 : Since March, 1994 - 96, 000, 000 gallons pumped Backwashed - 1, 387, 000 gallons Reclaimed - 1, 322, 000 gallons Discharged to Sanitary Sewer - 64,400 gallons Percent of Backwash Water Reclaimed - 95% Statistics on Treatment Plant 3 : Since April, 1994 - 39, 000, 000 gallons pumped Backwashed - 496, 300 gallons Reclaimed - 442 ,400 gallons Discharged to Sanitary Sewer - 53, 900 gallons Discharged to Storm Sewer - ZERO Percent of Backwash Water Reclaimed - 89% Sewer Department - Televised 3, 000 feet of Storm Sewer. - Cleaned 9 , 670 feet of Storm Sewer. - Cleaned 1, 300 feet of Sanitary Sewer. - Cut 2 ,725 feet of roots in Storm Sewer. - Assisted on (2) Water Main Breaks. 3RD QUARTER REPORT PAGE TWO Streets Department - Installed/replaced 20 plus miscellaneous street signs, stop signs and no parking signs. - Supervised and inspected Street Patching and Slurry Coating. - Contractor removed and replaced (3) parking lots at Well 3 , 4 & 5. - Removed and replaced crosswalks at: Quincy to Adams Greenfield Place Spring Lake Road to Pleasant View Court - Purchased Street Sign Lettering system and aluminum blanks. - Installation of Catch Basin adhesive yellow marking tape. 1/3 of the City is completed. - Lot Lines is painting the Crosswalks, City Hall Parking Lot and Shop Parking Lot. (Not completed a/o 10-11-94) - Reconstruction and repair of (12) Catch Basins for Storm Water System. - Cleanup after wind storm. This included chipping, hauling brush and cutting of wood. - Landscaped Police Parking Lot and new Ballfield. - Assisted in the repair of (2) Water Main Breaks. Shop Department - Retrofitted the radar units in the squads. - Prepared vehicles and equipment for the winter season. - Performed routine and preventative maintenance on the fleet. - Kept inventory of auto parts, equipment parts, fluids, tires and fuels up to date and ordered. WY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 13. STAFF REPORT Report Number: 94-1394WS EW AGENDA SESSION DATE December 5 1994 Report Date: 1 —7—94 DISPOSITION Item Description: PAKRS, RECREATION AND FORESTRY — THIRD QUARTER REPORT Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. QUARTERLY REPORT PARKS, RECREATION & FORESTRY September - November, 1994 PARKS: * The unusually warm Autumn weather required prolonged mowing of parks, extending into November. * The youth field at City Hall was measured and seeded. Trees were planted. * Parks were winterized including blowing out the sprinkling systems, drinking fountains and picnic shelter facilities. In addition soccer goals, tennis nets and volleyball nets were brought in for the winter. * The park lands were turf vacuumed, removing grass and debris. * Various athletic fields were dormant seeded. * Athletic field grooming and lining finished the end of October when the soccer and football programs concluded. * An Eagle Scout project was supervised - with the result being a new park sign at Random Park. * Assistance with the park building improvements, lending help as needed to the work at Groveland and Hillview Parks. * Changing equipment over from summer uses to winter uses. * Work on the water truck �catinued for use this winter. PARKS AND RECREATION QUARTERLY REPORT PAGE TWO RECREATION * Fall programs began and ended, winter programs were planned and two Recreation Programs of Activities were prepared along with the City Newsletter. * Mary and Mary attended the National Congress of Parks and Recreation, held in Minneapolis. * Sharie attended a Conference for Festival managers. * Dana Willis concluded her internship with the department, spending 400 hours with us. * Special events were held to provide supervised activities for students during conferences and MEA days when school was not held. * Staff attended several cooperative venture meetings with various agencies and groups including Northwest Family Youth and Services, neighboring cities programming cooperatives, Festival Committee meeting with businesses and others, grant meetings for funding possibilities, school district meetings for cooperative youth programming and starting a feeder program for girls hockey, Youth Sports Director's meeting, etc. FORESTRY * Contracted tree removals were completed for 1994 . * Boulevard tree trimming was performed as time and budget allowed. * Park tree and landscape trimming was performed at each park. * The landscaping at City Hall was completed. * Boulevard tree planting was completed at Woodale. * Tree replacements were completed along Long Lake Road. * City trees were wrapped for winter. CABLE TV * The 1995 Budget Video was completed. * Monthly edition of the "View From the Mound" was completed. * Final completion of the projector installation in the council chambers. PARKS AND RECREATION QUARTERLY REPORT PAGE THREE * Final completion of installing the audio system in the City Hall foyer. * A grant was submitted and awarded from the Cable Commission for additional character generator capabilities. GOLF COURSE * Final completion of the golf course construction. * Final completion of the Clubhouse. * Purchase of golf course maintenance equipment. * Maturation activities began and continue. * Winterizing the course. * Addition of extended fencing for security, addition of security system at the Clubhouse, and sodding of area around the Clubhouse. * Purchase of Clubhouse apparatus such as food service, tables, chairs, office equipment, cash register, supplies, vending, etc. * Golf Course logo was decided upon. * Entry sign has been ordered. * Marketing and publicity activities occurred such as submitting articles in Golf News, photography for score card orders, other various golf magazine articles, etc. * Planting of approximately 60 trees at the golf course through the MWCC agreement. CM OF13. REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 1111r6 STAFF REPORT Report Number: 94-1394WS AGENDA SESSION DATE DECEMBER 5, 1994 Report Date: 12-1-94 DISPOSITION Item Description: POLICE THIRD QUARTER REPORT Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. * In July, Bob Nelson attended his last DARE conference. Bob spent four years as the DARE officer and will be replace by Tom Baumgart. * The Supreme Court made taping of suspects' interviews mandatory. Recording equipment will be purchased and policies changed. * Officers attended training in two areas, physiological aspects of police work and biohazardous materials. * Most of the work was completed on the Police parking lot. Asphalt, curbing and lights were installed. * Kathy Bednar, CSO, was in charge of the United Way drive. Over $1500 was pledged City-wide. * A squad car was damaged when officers were attempting to arrest suspects in a burglary. Total damage to squad was $2,420. * Jason Meron started on the Reserve Unit in August. Jason is a Mounds View resident and is studying to be a police officer. * The following is reported serious crimes for July, August and September: Assaults 8 Burglary 22 Robberty 0 Theft 115 Arson 2 Veh. Theft 20 C. S.C. 5 ©ITV OF Agenda Section: 13. REQUEST FOR COUNCIL CONSIDERATION o��OS STAFF REPORT Report Number: 94-1394WS CF W AGENDA SESSION DATE T1FMFR 5, 1994 Report Date: 12-1-9' (:FR DISPOSITION Item Description: COMMUNITY DEVELOPMENT — THIRD QUARTER REPORT Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. QUARTERLY REPORT - 3RD QUARTER 1994 - COMMUNITY DEVELOPMENT Planning * Completed the review and platting of property involved in the Sherwood Estates project. * Continued work with Housing Intern on development of Mounds View Housing Stock Analysis. * Completed draft of updated Nuisance Ordinance (scheduled for formal consideration in late December/early January) . * Began work on drafting Adult Use Ordinance. * Reviewed pros and cons of assuming RCWD permitting process with Consulting Engineer (results of discussions to be presented to Council at December Work Session) . * Processed Planning Commission Cases as necessary. Housing * Developed computer database for all single family homes within City. * Completed 100% of field inspections of Single Family Homes. * Met with other governmental agencies to discuss available housing rehabilitation programs. * Attended seminar hosted by Ramsey County regarding CDBG funding and objectives. Code Enforcement * Continued proactive code enforcement activities. * Began work on establishing computer database to track land uses on properties within the City. * Assisted Community Development Coordinator in drafting updated Nuisance Ordinance. Building Inspections * A total of 231 building, heating and plumbing permits were issued during the Quarter - an increase of 23 over the previous Quarter. * Attended conferences sponsored by ICBO on a variety of building topics and issues. * Assisted in the Abatement Order issued for the property at 7618 Edgewood Drive. Engineering * Worked with Housing Intern to integrate Housing database with City Geographic Information System (GIS) . * Coordinated completion of Pleasant View Drive reconstruction with Director of Public Works. * Received approval of State Aid funds for tree Planting on Long Lake Road. * Attended GIS seminarsponsored by software company (ESRI) . * Continued to provide engineering support to all Departments. ON OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 13. 111106 STAFF REPORT Report Number: q4_1 1 94WS EW AGENDA SESSION DATE DECEMBER 5. 1994 Report Date: 12 1 94 DISPOSITION Item Description: FINANCE — THIRD QUARTER REPORT Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. • The Long Term Financial Plan(LTFP) occupied much of Staff's time during the third quarter. A new addition to the LTFP was a five year forecast of reveneues and expenditures. The LTFP was adopted August 8, 1994. • Fixed Asset Accounting software was purchased in September. The new software will allow Staff to produce reports that previously were done by hand, thus saving a lot of time. The conversion to the new software is completed and Staff is checking data for accuracy. • Preparation of the 1995 Budget was a major task of the department. Conversion to the program budget format was challenging, however, Finance Staff, Department Heads, the City Administrator, and other budget preparers met the challenge. One of the most demanding tasks was converting past expenditures and budgets to the program budget format in order to have comparison data. One can not imagine how many times I heard budget preparers say, "You want me to do what with my last year's budget numbers?" and "I have to balance it to what?" Congratulations to all budget preparers for surviving the process! • The Mayor, Cathy Bennett, and I attended a joint meeting of the Western Bank Citizen's Advisory Committee and the Board of Directors. Cathy reported on the City's economic development activities and the board seemed very receptive to having the Bank work with the City on developing a housing rehabilitation loan program. I was convinced by Mark Malone to be photographed for one of the Bank's newspaper advertisements. Have you seen my smile in their ad? • Installation of audio/visual equipment in the Council Chambers was completed in August. The equipment was used for the presentation on the Proposed 1995 Property Tax Levy and 1995 Budget in September. Staff is still learning how to best use the equipment. Would like to use the notebook computer more, but there are limitations to the graphics software we presently have. We are looking for presentation software and hope to be able to use the equipment more often. • I attended the Minnesota Government Finance Officers Association Annual Conference in Alexandria in September. Got a lot of useful information and networked with other finance officers. C9TY®F REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 13. 110iNDSSTAFF REPORT Report Number: 94-1394WS AGENDA SESSION DATE DECEMBER 5, 1994 Report Date: 12-1-94 DISPOSITION Item Description: ADMINISTRATION — THIRD QUARTER REPORT Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; Attached please find the third quarter Department Reports. These reports represent a summary of activities for the months of July through September. The Annual Report, summarizing the activities of 1994 will be presented at the January Work Session. This will be a comprehensive summary that will address not only the activities during the year, but also the accomplishments in relation to the FOCUS 2000 Implementation Plan and the Department Work Plans. Discussion of the Report as a "year end review" at the Work Session will enable the Council and staff to begin the 1995 Strategic Planning Session with the process of updating the Implementation Plan, establishing 1995 goals and 1996 Budget priorities. ADMINISTRATION July * Draft No. 1 was presented to the Council * Agreements were executed for the Multi-Tech expansion and the Hill project. * Construction began on the Multi-Tech expansion * Springsted completed the analysis on the profit margins for the Senior Housing project, completing the second to the last step in the process. * Order for Abatement of the fourplex on Edgewood was served on the owner and the process began to clean up the building. * Don and I met with representatives from a Worker's Comp. managed care program and discussed the possible benefits to the City of such a program. * Supreme Court provided an opinion ruling on the Agunbiade case. * The Mayor, Cathy and myself met with representatives of Everest to discuss a potential occupant for "Building N" . * Enterprise budgets were completed and presented to Council * MAC called a meeting of the Airport Advisory Committee to discuss the proposed air traffic control tower and the update to the Airport Master Plan. * FOCUS 2000 Implementation Plan was delivered to residents * LMC Strategic Planning Session held in Bemidji. The rumblings begin in regards to threats to LGA in the 1995 Session. * Woodlawn Apartment Cooperative Coalition Committee met to d4 ----- ^olutions to the c,n-going problems at the site. AUGUST * Meeting of MAC's Airport Advisory Committee. The issue of the proposed air traffic control tower appears to be moving at the speed of a bullet * Letters opposing the air traffic control tower were sent to Congressional representatives * Vacation month came with a vengeance as many staff began summer vacations. * Bruce Vento sponsored a area-wide meeting to discuss the reutilization of the TCAAP site. Julie Trude, Diane Wuori and I attended. * MAC's Airport Advisory Committee met. City informed that federal funding for tower was approved. MAC agreed to a public meeting in Mounds View to discuss their plans for the airport. * Charter Commission submitted language for an amendment to the City Charter limiting the terms for City Council members * Staff continues to work with Wolf and Associates regarding noise abatement problems. * Discussions continue regarding Wolf and Associates' plans to expand their current facility. September * Second meeting of Woodlawn Apartment Committee, more residents attended. Some progress from management. * Met with Charlie and Dan Hall regarding a possible hotel and banquet facility on their present site. Request was made to staff to obtain information regarding the Vandals Heights hotel proposal. * Met with representatives from Minnesota Housing Finance Agency to indicate City support for the tax credits necessary for the project. MHFA granted the project the highest amount of tax credits in history for a senior housing project, $250, 000/year for 10 years. * Attended ICMA Conference * State primary election conducted and preparations began for the November election CM OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 13. 111103 STAFF REPORT Report Number: 94-1-194ws O W AGENDA SESSION DATE DECEMBER 5. 1994 Report Date: 12-1-94 DISPOSITION Item Description: ADMINISTRATION — THIRD QUARTER REPORT Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. 1994 Third Quarter Report Assistant to the City Administrator PERSONNEL EMPLOYMENT ACTIVITY During the third quarter of this year, a Public Works Maintenance Worker was terminated. An advertisement was placed in various publications to fill this Public Works position. Staff screened applications, conducted interviews and brought a recommendation to Council for consideration. A new employee was hired at the 11/14 Council meeting. In October, Council authorized staff to begin the process of filling the vacant Recycling Intern position. At the November 29 Council meeting, a new employee was appointed to fill this position. Council authorized staff to contract with a secretarial company to record official City minutes at Council meetings. In October, TimeSavers Off-Site Secretarial began recording Council minutes. The biannual affirmative action plan was submitted to the Minnesota Department of Human Rights for compliance. POLICY DEVELOPMENT The Administrative Policy Manual has been organized with proposed and existing policies and distributed to Department Heads for review and feedback. The goal is to have an organized, comprehensive manual that :s bound in three hole binders for each employee to have available for reference, and that is easy to update. Performance Evaluation forms were distributed to Department Heads to be reviewed for feedback in preparation for the 1994 performance Evaluations. Job Descriptions have been distributed to Department Heads to be updated during the performance evaluation process. By the end of this year/early next, all employee's job descriptions will have been updated and include Americans with Disabilities Act required language. UNION CONTRACT NEGOTIATIONS During the third quarter, much research was conducted preparing for arbitration which is schedule for December 6, 1994. Preparation included researching the past cases of the arbitrator, conducting surveys about pay and benefits and running pay equity analysis.' Samantha and I have also met several times with Labor Relation's representatives in preparation for arbitration. TRAINING In response to Focus 2000 feedback and in accordance with the City's past practice to offer annual training to its employees, a customer service training session was conducted at City Hall during the morning of September 14. To help the facilitator, Georgine Madden of ProSource, customize the seminar to meet our needs, an employee customer service committee was formed to make suggestions and offer input. All staff members were required to participate, and as part of the program were offered the opportunity to endorse the Mission and Vision Statements that were drafted by the Focus 2000 Steering Committee and adopted by the City Council. SPECIAL PROJECTS FOCUS 2000 The Focus 2000 Steering Committee met in September and will continue to meet quarterly to monitor the implementation of Focus 2000 Action Steps and Goals. At this meeting, the committee: 1) reviewed the Action Steps already implemented as directed by the City Council, 2) discussed the Focus 2000 Implementation Plan and how to get more feedback on it from stakeholders, 3) discussed the absence of the Financial Advisory Task Force from the Focus 2000 Implementation Plan and the intentions of the Council for implementing the Focus 2000 process. Also discussed was the future direction of Focus 2000 and the role of the Steering Committee. In addition, the Committee would like to be more involved and is scheduled to give quarterly reports to the Council, include progress reports in the City newsletter and have a Steering Committee member present at future budget hearings and meetings. CITY HALL EXPANSION The City Hall Expansion project was finally completed this quarter. This involved tieing up some loose ends and following up on some incidentals that arose after the move in. The result is a City Hall that is more functional for all users and also more visually pleasing. FOCUS 2000 IMPLEMENTATION PLAN The Focus 2000 Implementation Plan/5 Year Goal Plan was published delivered by a student group the first weekend in August. IMPLEMENTATION OF PROACTIVE STREETLIGHT PLAN The first year of installing streetlights according to the proactive streetlight plan has been implemented with NSP. By the end of the year, 10 new streetlights will be added throughout the City based on the Police Department's needs assessment. To date, 8 lights have been installed and the other two are delayed due to the lengthy process of requesting easement rights from directly affected property owners. The City is waiting for permission from three property owners to complete these last two proactive installations. Also approximately 10 additional lights have been installed in response to petition requests. All but one of these requests met the criteria for installation as well as the Police Departments needs analysis. The one light that did not meet these requirements was given special approval by the Council in October. COMPUTER TECHNOLOGY After months of work, the system wide tape backup for all network connected computers is operational. This important feature now enables all networked computers to backup their entire hard drive any day of the week, Monday through Thursday. Also, accessing the file server and information from it via modem is now possible. PROGRAM BUDGET The transformation of the fund budget to the program style budget has been completed. Drafts of the new program budgets and Long Term Financial Plan were presented to the Council in August and September. The budgets I was responsible for included Central Services, MIS, Human Resources and Public Information. POSTAGE MACHINE In July, staff researched and presented the purchase of a new postage machine to the Council. Council authorized staff to make this purchase in August. COMPUTER SYSTEM ANALYSIS Staff began to meet with possible vendors to perform this analysis. More information on this topic will be forthcoming. LIQUOR LICENSE FEE RESTRUCTURING In an effort to respond to the changing needs of the liquor industry and to administer a licensing mechanism that was more fair and equitable for on-sale liquor establishments, options for a new fee structure were researched and presented to Council for consideration. After the options were discussed at several Council meetings, a new fee schedule was adopted by the Council in September. COUNCIL/STAFF STRATEGIC PLANNING FACILITATOR'S AND SITES In August, staff began researching alternative facilitator's and sites for the annual Council/Staff Strategic Planning Session. In September, Samantha and I interviewed several candidates. A recommendation will be brought to the Council for consideration at the December Worksession. CELLULAR PHONES As a benefit to City employees, the City coordinated the process of allowing employees to purchase and use cellular phones at government discount rates with a cellular phone vendor. NEWSLETTER The newsletter editorial board met several times and assisted with the coordination of the publication of two editions of Mounds View Matters. MNDOT VISIT In August, MNDOT officials were present at the Council Worksession to discuss several issues. The meeting resulted in the correction of the Mounds View sign on East bound Highway 10 (which the City received alot of attention for) and to add a streetlight at the Intersection of County Road J and Airport Drive. Users of this intersection expressed concern about the hazards of this area, especially the visibility at night when entering the intersection. To make the intersection less dangerous, it was proposed that a streetlight be added on the Southeast corner of the intersection. This light has been installed and is now lighting the intersection making on-coming traffic more visible and the intersection more safe. OTHER LMC IMPROVING SERVICE DELIVERY COMMITTEE Since July, I have been participating in the League of Minnesota Cities policy committee entitled Improving City Service Delivery. We have completed our work and it has presented to the League membership at the annual Policy Adoption meeting. RAMSEY COUNTY VISIONING PROCESS The committees have been meeting since July and will start presenting the initial findings to the County Board in December and January. MY®F 13. REQUEST FOR COUNCIL CONSIDERATION Agenda Section: illSTAFF REPORT 94-1394WS BUNDS Report Number: f EW AGENDA SESSION DATE DECEMBER 5, 1994 Report Date: 12-1-94 DISPOSITION Item Description: ECONOMIC DEVELOPMENT — THIRD QUARTER REPORT Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Quarterly Report Economic Development July - September 1994 July: • Attended three business forums/meetings including the League of Minnesota Cities Policy Committee meeting, Suburban Chamber of Commerce monthly breakfast meeting and Ramsey County Strategic Planning Committee Orientation. • Prepared and distributed press release regarding Mounds View's participation in the North Metro Business Retention and Development Commission. • Prepared press release, assisted in the coordination and attended the Multi-Tech ground breaking ceremony • Completed the Community Profile and prepared document for print in August. • Met with representatives of Northern States Power and gave a tour of the Cities amenities including the new golf course. • Actively responded to 3 inquiries regarding commercial/industrial space in Mounds View. • Prepared EDA resolution appointing members to the Economic Development Commission(EDC) and held first informal meeting to outline requirements of the commission. • Reviewed the North Metro Business Retention and Development Commission(RDC) survey and prepared supplement questions specific to Mounds View. • Met with 2 local businesses regarding City programs and economic development opportunities. August: • Met with Casserly Molzahn& Associates, Inc. and Everest Development regarding TIF proposal for "mystery company" in Mounds View Business Park. Agreed to consider TIF assistance for prospective company only if they meet the desired qualifications of the EDA. • Worked with the Silver Lake Pointe Project to revise development assistance agreement. • Worked with print and television media regarding MnDot changing Mounds View's west end entry sign from one to two words. This generated a segment on channel 4 and an article in local papers and St. Paul Pioneer Press. • Prepared and mailed a flyer to all multi-family property owners in Mounds View regarding MHFA grant programs. • Sent photos of Multi-Tech ground breaking ceremony to local print media. Picture featured in the Bulletin and small article in the Focus. RECOMMENDATION; 1 • Actively responded to 3 inquiries regarding commercial/industrial space in Mounds View. • Attended eight business forums/meetings including LMC Economic Development and Workers' Compensation Policy Committee meetings, Suburban Chamber of Commerce monthly breakfast meeting, RDC work group meeting, Mounds View Business Association Board meeting, Blaine\Anoka County Airport Commission meeting and Ramsey County Economic Development Committee meeting. • Established Economic Development Commission mission, bylaws and work plan. • Attended 7 business retention meetings as part of the North Metro RDC program. • Prepared EDA resolution establishing a Marketing Task Force and began soliciting applications from businesses and residents for participation. September: • Met with Wolf&Associates to discuss city assistance for expansion and procedures to resolve noise disturbance with the manufactured home park. • Prepared an analysis of Wolf&Associates and City of Mounds View partnership in conjunction with their expansion and the purchase\lease of the old City water tower site. • Prepared EDA resolution appointing members to the Marketing Task Force and held first meeting to establish priorities. • Set specific guidelines for business retention meetings with directors of the North Metro RDC program. • Attended 8 business retention meetings as part of the North Metro RDC program. • Distributed"Hot off the Press" flyer regarding the community profile to local realtors and site selection representatives. • Made presentation to Western Bank Board of Directors and Advisory Board regarding Mounds View's economic development program. • Met with Ramsey County Job Training Center regarding available job training programs. • Actively responded to 3 inquiries regarding commercial/industrial space in Mounds View. • Began inventory of Highway 10. • Arranged Suburban Chamber of Commerce Candidate Forum at City Hall. • Attended five business forums/meetings including LMC Economic Development Policy Committee meeting, Suburban Chamber of Commerce monthly breakfast meeting, RDC work group meeting, and Star City Conference. 2