HomeMy WebLinkAboutAgenda Packets - 1995/10/25 SPECIAL COUNCIL MEETING
OCTOBER 23, 1995
6:00 P.M.
PURPOSE: DISCUSSION REGARDING MIDWEST I.V.
DRAINAGE PLAN
CITY OF MOUNDS VIEW
CITY COUNCIL
7:00 P.M.
AGENDA
The City Council is provided background information for agenda items in
advance by staff and appointed commissions, committees and boards. Decisions
are based on this information, as well as City policy and practices, input
from constituents and a Councilmember's personal judgement. If you have
comments, questions or information regarding an item on the agenda, please
step forward to be recognized by the Mayor during the "Residents Requests and
Comments From the Floor" item on the agenda. Please state your name and
address for the record. All comments are appreciated. A copy of all printed
materials relating to the agenda item is available for public inspection at
the Recording Secretary's Table.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL - Linke
Hankner Blanchard
Trude Quick
AGENDA
PAGE TWO
OCTOBER 23, 1995
4. Approval of Agenda, Additions
Item 1:
Item 2:
Item 3:
5. APPROVAL OF MINUTES:
a. October 9, 1995, City Council Regular Meeting
COUNCIL ACTION: A T D
Comments:
6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES:
There are no advisory commission minutes to accept at this meeting.
7. SPECIAL ORDER OF BUSINESS:
There was no Special Order of Business set for this meeting.
8. CONSENT AGENDA:
A. Set a Public Hearing for 7:05 p.m., December 11, 1995, to Consider
Certification of Delinquent Utility Bills, Tree Removal and Weed Removal
Invoices to Ramsey County for Collection with 1996 Property Taxes, Staff
Report No. 95-1488C
B. Adopt Resolution No. 4829 Approving the Recycling Grant Request to
Ramsey County and Authorizing Acceptance of Any Allocated Funding,
Staff Report No. 95-1489C
C. Approve Declaration of Surplus Office Furniture, Staff Report No. 95-
1490C
AGENDA
'PAGE THREE
OCTOBER 23, 1995
D. Adopt Resolution No. 4831 Approving Just and Correct Claims Against
City Funds
E. Licenses for Approval
General - Commercial
Adkins Construction - Renewal
Wayne Brekken dba Board and Room Building - New
HVAC
A-ABC Appliance & Heating, Inc. - New
COUNCIL ACTION: A T D
Comments:
Items Removed:
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
Citizens' comments are encouraged to allow individual citizens to
address the Council, as a whole, on a matter of interest or concern to
the citizens. The preservation of the Citizens' Comments item on the
agenda is important in order to encourage and maintain this information
flow. To preserve and protect this valuable communications link, a
speaker is limited to three (3) minutes.
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL
NAME AND ADDRESS FOR THE MINUTES
10. PUBLIC HEARINGS:
7:01 P.M. To Consider Request for Rezoning, Gary Krig/Fran DeGross,
Planning Case No. 422-95, Staff Report No. 1492C (Staff Presenter:
Paul Harrington, Community Development Coordinator)
AGENDA
PAGE FOUR
OCTOBER 23, 1995
a. Consideration of Resolution No. 4832 Regarding Request
for Rezoning, Gary Krig/Fran DeGross, Planning Case No.
422-95
COUNCIL ACTION: A T D
Comments:
11. COUNCIL BUSINESS:
A. Consideration of Request for Reconsideration of Planning Case No. 415-
95, Glen Harstad, Staff Report No. 95-1493C (Staff Presenter: Paul
Harrington, Community Development Director)
COUNCIL ACTION: A T D
Comments:
B. Presentation of Proposed 1996 City Budget, (Samantha Orduno, City
Administrator; Don Brager, Finance Director; Mayor Jerry Linke and
Council)
COUNCIL ACTION: A T D
Comments:
AGENDA
PAGE FIVE
OCTOBER 23, 1995
C. Consideration of Resolution No. 4830 Approving Affirmative Action Plan
Staff Report No. 95-1495C (Staff Presenter: Samantha Orduno, City
Administrator)
COUNCIL ACTION: A T D
Comments:
D. Consideration of Request for Amendment to Drainage Plan, Midwest I.V.,
Staff Report No. 95-1496C (Staff Presenter: Paul Harrington, Community
Development Coordinator)
Consent Agenda Item(s) Brought Forward:
COUNCIL ACTION: A T D
Comments:
12. REPORTS:
1. Report of Councilmembers:
Quick:
Blanchard:
Hankner:
AGENDA
PAGE SIX
OCTOBER 23, 1995
Trude:
2. Report of Mayor Linke:
3-Rep trator.
4. Report of Staff:
5. Report of Attorney:
NEXT COUNCIL WORK SESSION: NOVEMBER 6, 1995, 6:00 P.M.
NEXT COUNCIL MEETING: NOVEMBER 13, 1995, 7:00 P.M.
13. ADJOURNMENT:
COW if)
Agenda Section: 8.A
'VREQUEST FOR COUNCIL CONSIDERATION Report Number: 95-1488C
S
STAFF REPORT Report Date: 10-19-95
Council Action:
❑ Special Order of Business
CITY COUNCIL MEETING DATE October 23, 1995 ❑ Public Hearings
�l Consent Agenda
❑ Council Business
Item Description:
Certification of Delinquent Bills
Administrator's Review/Recommendation:
- No comments to supplement this report
- Comments attached.
Explanation/Summary (attach supplkxme. •.•ast<.: .eeP4sary.)
,SUMMARY;
As part of the collection process the City certifies delinquent utility bills, forestry invoices(tree
removals), and weed removal invoices to Ramsey County for collection with the next years property
taxes. The Council is required to hold a public hearing on the matter and to send written notice to
persons having delinquent accounts. Attached is a list of delinquent accounts. Staff recommends
that the Public Hearing be held at 7:05 p.m. on December 11, 1995.
RECOMMENDATION: Set a Public Hearing for 7:05 p.m. December 11, 1995 to consider
certification of delinquent utility bills, tree removal, and weed removal invoices to Ramsey County
for collection with 1996 property taxes.
Donald Brager, Financ Director
RECOMMENDATION;
ACCOUNTS TO BE CERTIFIED
PAGE 1,
October 09, 1995
The following list is the delinquent accounts which should be
considered for certification on the property taxes for 1996:
UTILITY BILLS
Thomas Chelberg
5045 Rainbow Lane $ 89. 62
Robert R. Wagner
5055/57 Sunnyside Road $ 169. 30
Owen C. Hakseth
5141 Greenwood Drive $ 62 .78
Dawn Pepper
5149 Irondale Road $ 116. 02
Barbara Mast
3025 County Road H $ 68.23
Robert Murphy
3025 County Road H2 $ 86. 98
Dan Makowske
5164 Longview Drive $ 59. 05
Birchwood Realty
7295 Silver Lake Road $ 78 . 92
Randall Walters
7656 Greenfield Avenue $ 106. 78
Jackie Collis
2390 Pinewood Circle $ 95.43
Waterfield Mortgage
2735 Sherwood Road $ 189.50
John Funk
2185 County Road H2 $ 78.50
Marvin Morin
2295 County Road H2 $ 93 . 14
Pat Morrison
5352 Quincy Street
$ 66.74
ACCOUNTS TO BE CERTIFIED
PAGE 2 CONTINUED
October 09, 1995
UTILITY BILLS
Vern Healy
2250 Knoll Drive $ 101. 01
Michael McCollar
2283 Knoll Drive $ 114. 70
Brian Knox
2291 Knoll Drive $ 90.28
Kent Plumley
2085 Terrace Drive $ 98. 86
William Landis
2185 Terrace Drive $ 83 . 02
William Pearson
7685 Knollwood Drive $ 89. 62
Sultan Sarsour
7618 Edgewood Drive $ 1, 785. 68
Barclay's AM Mortgage Corp
2309 Hillview Road $ 91. 12
Larry Parks
2504 Hillview Road $ 112 . 94
Norman Becker
7969 Sunnyside Road $ 68. 06
Bridgemans
2535 Highway 10 $ 465. 79
Auto Central Inc.
2975 Highway 10 $ 634 . 35
Timothy Monaghan
7720 Long Lake Road $ 89. 62
Silver Lake % Common Bond
2701 County Road I-Senior Housing $ 142. 11
John Engberg
3030 County Road J $ 33 .59
ACCOUNTS TO BE CERTIFIED
PAGE 3 CONTINUED
October 09, 1995
UTILITY BILLS
M & E Realty Company
Bloomington, MN
(07-30-23-12-0012) $ 93 . 68
Midland Videen, Inc.
St. Paul, MN
(08-30-23-24-0053) $ 2, 030.48
TOTAL $ 7,485.90
TREE REMOVAL OR WEED CUTTING
Jeffrey Freund
7961 Greenwood Drive (weed cutting) $ 140. 00
Mary Lou Schovanec
7959 Sunnyside Road (tree removal) $ 140. 15
TOTAL $ 280. 15
REQUEST FOR COUNCIL CONSIDERATION Report umber: 5.B
Report Number: 9 5-1 G R 9 C
7,7,11 STAFF REPORT Report Date: 10-19_95
Council Action:
❑ Special Order of Business
CITY COUNCIL MEETING DATE October 23, 1995 0 Public Hearings
Consent Agenda
0 Council Business
Item Description: Consideration of Resolution No. 4829 Approving the Recycling Grant
Request to Ramsey County and Authorizing Acceptance of any Allocated Funding
Administrator's Review/Recommendation:
- No comments to supplement this report
- Comments attached.
:et-strgpiement sheets as necessary.}
SUMMARY;
In conjunction with the Ramsey County and State of Minnesota of SCORE Program, the City of
Mounds View is eligible to apply for grant monies to fund 1996 recycling activities. As a part of
the grant application, the City Council must formally request the funding and the proposed
budget.
. Please note that if the SCORE grant is awarded, budgeted funds can be used only for their
allocated purpose(i.e., administration funds could not be used to fund publicity costs, for
example).
s
Lynn- e Morgan, Admi t ative Aide
RECOMMENDATION;
Adopt Resolution No. 4829, Approving the Recycling Grant request to Ramsey County and
Authorizing Acceptance of any allocated funding.
RESOLUTION NO. 4829
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING RECYCLING GRANT REQUEST TO RAMSEY COUNTY
WHEREAS, Ramsey County is accepting applications for use of SCORE funds to
improve recycling participation by the public; and
WHEREAS;th(,ity of Moun.s iew is eligible to apply for a grant to provide
administrative and promotional activities intended to improve recycling participation among city
residents through education, awareness, and incentives; and
WHEREAS, the City Council of the City of Mounds View has determined that this is an
appropriate use of city resources and that increasing recycling participation benefits the public
health, safety, and welfare of the community as a whole.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Mounds
View approve the application for 1996 SCORE funding(attached) and authorize acceptance of
any allocated funding.
Adopted this 23 day of October, 1995
ATTEST:
Mayor
(SEAL)
City Administrator
WY
OF Agenda Section: 8.0
REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-1490C
STAFF REPORT CounciReportl
Action: 10-19-95
11706
Council Action:
❑ Special Order of Business
CITY COUNCIL MEETING DATE October 23, 1995 ❑ Public Hearings
Cil Consent Agenda
❑ Council Business
Item Description:
Approve Declaration of Surplus Office Furniture
Administrator's Review/Recommendation:
- No comments to supplement this report
- Comments attached.
Explanation/Summary (attach supplement sheets RR nP(`PRRAry.)
,SUMMARY;
A number of items have been identified as obsolete or in disrepair and
no longer funcitonal. An inventory of some of the items recorded are
listed below:
2 Floppy Drive Computer - Fixed Asset Number: 7010-4360-3001
Casio Calculator - No Fixed Asset Number
Traffic Counters - No Fixed Asset Number
Old Door Locks to be Sold at State Auction
Misc. Desk and Equipment Accessories Police Dept. - No Fixed Asset
Number
It is requested that these items be declared surplus and sold or
discarded.
/44 ;%)
icko
Kitt k, Payroll Clerk
RECOMMENDATION;
OM OF
Agenda Section: 10, 7:01 p.m.
REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-1492C
flj
STAFF REPORT Report Date: 10-19-95
Council Action:
❑ Special Order of Business
CITY COUNCIL MEETING DATE October 23, 19951 Public Hearings
❑ Consent Agenda
❑ Council Business
Item Description: To Consider Request for Rezoning, Gary Krig/Fran DeGross, Planning Case No.
422-95, Resolution No. 4832
Administrator's Review/Recommendation:
- No comments to supplement this report
- Comments attached.
Explanation/Summary (attach supplement sheets_as necessary) _
SUMMARY;
Gary Krig has made application for a Rezoning of the property located at
5497 Adams Street. The property is currently zoned B-2, Limited Business -
the applicant is requesting a B-3, Highway Commercial classification in
order to support his plans to sell the property to Fran Degross. As a
subsequent part of this application, Mr. Degross is requesting approval of
a Conditional Use Permit to allow the establishment of a Automotive repair
business on the site. The Automotive repair business is allowable in a B-3
district with the issuance of a C.U.P.
Chapter 1125. 01 Subdivision 1 (e) of the Mounds View Municipal Code
identifies those factors upon which the Planning Commission should base its
decision relative to any rezoning request. Those factors, and an analysis
of their relevance, are as follows:
1) Relationship to Municipal Comprehensive Plan
The Comprehensive Plan identifies this parcel as neighborhood
commercial. Neighborhood Commercial, as defined in the Municipal
Code, includes services provided for the benefit of immediate
neighbors and not the Community as a whole.
2) Geographical area involved
The parcel is bounded on the South by Fedor's Market. To the
North by a non-conforming gas station and small strip mall of
shops. The West property line abuts R-4 property on which is
located 8-plexes. To the East is Adams Street.
3) Whether such use will tend to or actually depreciate the
area in which it is proposed
Except for the aforementioned gas station, the existing land
uses in the vicinity of the rezoning are consistent with the
intent of the Comprehensive Plan designation. These uses are much
less of an impact on the area than the proposed repair shop would be.
RECOMMENDATION;
aul Harrington, C unity Development Coordinator
STAFF REPORT
PAGE TWO
OCTOBER 19, 1995
4) The character of the surrounding area
Beyond the immediately adjacent properties, the overall land
use in the vicinity of the subject property is overwhelmingly
residential in nature. County Road I to the north of the
subject property provides a barrier which reduces impact in
that direction, however.
5) The demonstrated need for such use
Currently, only the Saturn dealership provides automotive
repair service of the type being proposed. Although a number
of home repair shops do exist within the City, they are
considered non-conforming and are ordered to cease operation
when discovered by the City.
The Mounds View Planning Commission reviewed this request at their
September 20, 1995 meeting and have recommended denial. Their
decision was based on the current designation of the property
indicated in the Comprehensive Plan.
I have included all materials received as part of this application
for your review. In addition, I have also included the
Comprehensive Plan District map which the property is located in.
Prepared for your consideration are two Resolutions
(approval/denial) of the request. The appropriate motion can be
made at the meeting on Monday evening.
If you have any questions, please do not hesitate to give me a
call.
P .r .1-2-iI G APPLICATION
APPUCANT: L.,/
Gcrc�
Phone -70( -- '; 7S
ADORES: ( (z 0F.1 ,-(ii l o-C rn,,,,,-„--( 'I
Street Address, City, State, and Zip Code ~, �`;n J S'( i
Interest in Propertey)check appropriate ro nate box):
Owner of Property •
❑ Contract for Deed Owner
❑ Lessee, Operator, Manager
❑ Agreement to Purchase
0 Other (explain)
Dor-mentary evidence at applicant's interest in the property may be squired before find C:
'tY=don of his request
PROPERTY INVOLVED•
Ad.
- • -;. - 5-v9, ."
� � I
Legal Description or Property Identification Number o " -2 -z a - 12- o 6 S) - 9- c2/r
Legal Owner: Name/Address -4 f
/ -�;.. �� -
. e� . i . -Lt --2_
y F( 0 -Ccs? C
Present Use (check appropriate box):
❑ UndevelopedNacant
❑ Single Family Dwelling
❑ Duplex/Two Family Dwelling
❑ Multi-Family (No. of Units
Susiness/Commercia! Establishment
❑ Industrial Establishment
❑ Other (explain)
Property Cassification: 0 Abstract
Cr"-Torrens
REQUEST: n
a
/ .... i
r U
*Please note: Applicant may be responsible for additional fees
associated with the review of this request
I HEREBY DECLARE THAT THE ABOVE STA T tIMENT ARE TRUE. S�
C2.'`^ �V.rLc,
""'.*"' ..*....,.. Signature
S200/acre.minimmum *'*_* *+.*
� e P-i to A-2- int ail sonars S20ma 57.000 Pent FundDedication t=ee
Date Paid
,one Vee P`r it, xi to P.2-S75.ail ea�era�
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�7eO� $75,ondili +compo Number
Dw«cgJSile Plan Review St CO/acre.minimum 100.maximum S.s00
Minor Subdivision $150 Toted Pees Paid 'O 7-17-..d
Wear Subdivision 5250 p 5250 deposit Oras Paid �?-T
Cama Plan Amendment $200 Receipt Number
W.ttand Alteration (../- :/ `
Permit S50 pka deposit d Add
Wetland Buffer Permit S10 Staff Additional r=e.Paid 7 (�
Planning ^ S50 Cate Paid
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P'J0 Amendment St 50
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RESOLUTION NO. 4832
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING REZONING REQUEST BY
GARY KRIG/FRAN DEGROSS, PLANNING CASE NO. 422-95
WHEREAS, Gary Krig and Fran Degross have made application to
rezone the property located at 5497 Adams Street from B-2 , Limited
Business to B-3 , Highway Commercial; and
WHEREAS, the property is legally known as:
The West 54 feet and the South 16 feet of Lot 1, Block 4 and; the
East 30 feet of the North 1/2 of Lot 4 , Block 4 and; all of Lot
2 , Block 4 ; All in Spring Lake Park Highlands; and
WHEREAS, Chapter 1125. 01, Subdivision 1(e) of the Mounds
View Municipal Code provides that the City Council shall consider
possible adverse effects of the proposed amendment. It further states
that judgement shall be based upon, but not limited to, the following
factors:
1. Relationship to Municipal Comprehensive Plan
2 . The geographical area involved
3 . Whether such use will tend to or actually depreciate
the area in which it is proposed
4 . The character of the surrounding area
5. The demonstrated need for such use; and
WHEREAS, the Mounds View City Council has reviewed the
request in relation to the aforementioned criteria; and
WHEREAS, the rezoning request is inconsistent with the
City 's Comprehensive Land Use Plan designation for this property which
is Limited Business.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council denies the request to rezone the property legally known as:
The West 54 feet and the South 16 feet of Lot 1, Block 4 and; the
East 30 feet of the North 1/2 of Lot 4, Block 4 and; all of Lot
2 , Block 4 ; All in Spring Lake Park Highlands
from B-2 , Limited Business to B-3 , Highway Commercial due to its
inconsistency with the Mounds View Comprehensive Land Use Plan
designation for the property.
Adopted this 23rd day of October, 1995.
ATTEST:
Mayor
(SEAL)
Clerk-Administrator
RESOLUTION NO. 4832
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING REZONING REQUEST BY
GARY KRIG/FRAN DEGROSS, PLANNING CASE NO. 422-95
WHEREAS, Gary Krig and Fran Degross have made application to
rezone the property located at 5497 Adams Street from B-2 , Limited
Business to B-3 , Highway Commercial; and
WHEREAS, the property is legally known as:
The West 54 feet and the South 16 feet of Lot 1, Block 4 and; the
East 30 feet of the North 1/2 of Lot 4, Block 4 and; all of Lot
2 , Block 4 ; All in Spring Lake Park Highlands; and
WHEREAS, Chapter 1125. 01, Subdivision 1 (e) of the Mounds
View Municipal Code provides that the City Council shall consider
possible adverse effects of the proposed amendment. It further states
that judgement shall be based upon, but not limited to, the following
factors:
1. Relationship to Municipal Comprehensive Plan
2 . The geographical area involved
3 . Whether such use will tend to or actually depreciate
the area in which it is proposed
4 . The character of the surrounding area
5. The demonstrated need for such use; and
WHEREAS, the Mounds View City Council has reviewed the
request in relation to the aforementioned criteria; and
WHEREAS, the rezoning request is consistent with the
criteria established for judging the merits of a rezoning.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council approves the request to rezone the property legally known as:
The West 54 feet and the South 16 feet of Lot 1, Block 4 and; the
East 30 feet of the North 1/2 of Lot 4 , Block 4 and; all of Lot
2 , Block 4 ; All in Spring Lake Park Highlands
from B-2 , Limited Business to B-3 , Highway Commercial.
Adopted this 23rd day of October, 1995.
ATTEST:
Mayor
(SEAL)
Clerk-Administrator
F Agenda Section: 1 1 _4
111
REQUEST FOR COUNCIL CONSIDERATION Report Number: 95-14930
Report Date: 10-19-95
STAFF REPORT Council Action:
❑ Special Order of Business
CITY COUNCIL MEETING DATE October 23, 1995 ❑ Public Hearings
❑ Consent Agenda
Council Business
Item Description: Consideration of Request for Reconsideration of Planning Case No. 415-95,
Glen Harstad
Administrator's Review/Recommendation:
- No comments to supplement this report
- Comments attached.
. . .. '. . IU. l_su.. •----- •.-'- •-- -"
SUMMARY;
This matter was considered by the City Council at its September 11, 1995
meeting. The applicant requested an amendment to the conditional use
permit that was originally issued in 1985. The amendment would have
allowed the car wash to remain open 24 hours and to have an attendant on
duty for only four hours a day. The original conditional use permit
required that an attendant be on duty at all times and restricted the
hours of operation to a maximum of 7: 00 a.m. to 10:00 p.m.
At the September 11, 1995 meeting the City Council approved the
applicant's request so that an attendant only had to be on duty for four
hours a day but denied the applicant's request to remain open 24 hours
per day.
Subsequent to the September 11, 1995 meeting, the City Attorney received
a letter from the attorney for the applicant. A copy of that letter is
attached. The City Attorney and the applicant's attorney have also
discussed the matter. The applicant's attorney has requested to be
provided with an opportunity to address the City Council to request
reconsideration of the City Council's decision.
The City Attorney will be at the Council meeting to answer any questions
that the City Council may have on this matter. He has advised staff
that the City Council's decision on whether to allow an amendment to the
conditional use permit is a discretionary matter. If the Council wants
to reconsider this matter, it may do so by a motion made by one of the
Councilmembers who voted against the motion extending the hours of
operation t• sours.
Pa -arrington, Commu y Development Coordinator
RECOMMENDATION;
STAFF REPORT
PAGE TWO
OCTOBER 18, 1995
If the City Council chooses not to reconsider its September 11,
1995 decision, staff recommends that the City Councilmembers who
do not support the conditional use permit amendment indicate the
basis for their decision. Staff's review of the background of
the matter indicates that the objections to the amendment
included the following items:
1. Expanding the hours of operation to 24 hours would
create additional noise and disturbance to the adjacent
residential neighborhood.
2 . Expanding the hours of operation would create potential
safety problems, primarily because there would be no
attendant on duty at all times
3. There have been no changed circumstances since the
conditional use permit was originally issued that would
support an amendment to the hours of operation
limitation. Economic considerations of the business,
by themselves, are not a sufficient reason to justify
the amendment.
4. The applicant's business is different that the "Wash
Me" Car Wash because the applicant's business abuts
single family residential property, whereas the "Was
Me" Car Wash abuts industrial property.
5. The applicant's business is different that the FINA Car
Wash because the FINA Car Wash does not abut single
family residential property and because the FINA Car
Wash is operated in conjunction with a 24 hour
convenience store that has employees on duty 24 hours
per day.
MOORE, COSTELLO & HART, P.L.L.P.
A PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS
REPLY TO WRITER'S DIRECT DIAL NUMBER
ST. PAUL OFFICE (612) 290-1737
September 18, 1995
JAMES J THOMSON JR ESQ ' I y
KENNEDY& GRAVEN
470 PILLSBURY CENTER
200 S SIXTH ST __ _ _
MINNEAPOLIS MN 55402
Re: Application of Glen Harstad for Amendment of Conditional Use Permit;
Suds & Shine Car Wash, 2340 Highway 10, Mounds View, Minnesota
Dear Mr. Thomson:
I spoke with you briefly on the morning of Thursday. September 14, 1995.
Enclosed you will find copies of the following:
1. Application of Glen Harstad for Amendment of a Conditional Use Permit.
2. Resolution No. 1919 dated September 9, 1985, approving the operation of
the Suds & Shine Car Wash ("Suds & Shine"), subject to certain conditions that are
shown on page 3 of the Resolution.
3. Resolution No. 1999 dated April 14, 1986, approving operation of a
different car wash in Mounds View that does not contain the limitations imposed upon
operation of Suds & Shine.
4. Mounds View's Notice of Informational Meeting.
5. Mounds View's Notice of Public Hearing.
6. Resolution No. 422-95 dated August 2, 1995, containing the unanimous
recommendation of the Mounds View Planning Commission approving Mr. Harstad's
proposed Amendment of the Conditional Use Permit.
1400 NORWEST CENTER • 55 E. FIFTH ST. • ST. PAUL, MN 55101-1792 • TEL. (612) 227-7683 • FAX (612) 290 + '.0
701 FOURTH AVENUE SOUTH • SUITE 1350 • MINNEAPOLIS, MN 55415-1823 • TEL. (612) 673-0148 • FAX (612) '770
James J. Thomson, Jr., Esq.
September 18, 1995
Page 2
7. Paul Harrington's report on this matter recommending approval of the
request for an amendment.
As you can see from the enclosed documents, Ronald Richardson, the current
owner of Suds & Shine, applied for and received approval of operation of the car wash
• . • • .- •• - 'n em er o 185(see eso ution
No. 1919). The City's approval contained certain specific requirements related to
operation of the car wash. The limitations that are in issue here are limitation number 3,
which limits hours of operation from 7 a.m. to 10 p.m., and limitation number 5, which
requires that an attendant be on duty during all hours of operation.
Approximately 8 months following Resolution No. 1919, the City gave approval
to Bruce Holton for Wash Me Car Wash("Wash Me") (Resolution No. 1999), which
approval did not contain any limitation on hours of operation and which approval did not
require that an attendant be on duty during all hours of operation. Mr. Richardson felt
that the City had given Wash Me preferential treatment to the disadvantage of
Mr. Richardson, but did not seek to have the Conditional Use Permit for Suds & Shine
amended at that time, because the limitation on hours of operation was consistent with his
intent at that time.
Since 1985, the City has approved the opening and operation of at least four
full-service car wash bays along Highway 10 within one mile of Suds & Shine, all of
which are open 24 hours. None of these other facilities were operational in 1985. It
appears that Suds & Shine is the only one of five that has a limitation on hours of
operation.
Approximately 3 months ago, Mr. Harstad entered into a contingent agreement to
purchase Suds & Shine from Mr. Richardson contingent upon Mr. Harstad obtaining an
Amendment to the Conditional Use Permit addressing the issue of the limitation on hours
of operation and the requirement that an attendant be on duty during all hours of
operation. Mr. Harstad then petitioned the City Planning Commission/City Council
seeking the proposed Amendments (see the May 26, 1995, Application). The purpose
and intent of Mr. Harstad's Application for Amendment of the Conditional Use Permit
are to, basically, allow Suds & Shine to be on an equal footing with Wash Me and the
other car wash facilities in the area.
Following submittal of Mr. Harstad's Application for Amendment to the
Conditional Use Permit, there have been a number of meetings with representatives of the
City, as well as neighboring property owners. As a result of those meetings and
discussions, Mr. Harstad agreed to alterations to the Application for Amendment of the
James J. Thomson, Jr., Esq.
September 18, 1995
Page 3
Conditional Use Permit, which alterations were made for the benefit, and to the
satisfaction, of the neighboring property owners. The alterations included the placement
of signage throughout the facility identifying the City's sound ordinance, insulation of the
vacuums to minimize noise, time shut-off of the vacuums at 10 p.m. and installation of
trees along the residential neighborhood, all consistent with City specifications.
Moreover, the operation of Suds & Shine, pursuant to the propose was to
be subject to review by the City after 6 or 12 months, whichever the City preferred. The
altered Application for Amendment of the Conditional Use Permit was the result of four
meetings with the Planning Commission, two of which were open to the public. The
altered Amendment was unanimously approved by the Planning Commission.
The City Council also had a work session that was open to the public to consider
the Application. Council Member Hankner stated that she was not in support of the
Application, although she gave no input into how her concerns could be alleviated.
Council Member Quick, who ultimately voted against the Amendment, made no
comments at all. The Application for Amendment of the Conditional Use Permit was
submitted formally for City Council consideration on September 11, 1995. At that
hearing, two individuals from the neighborhood appeared to voice their concerns about
the unlimited hours of operation. Mr. Harstad addressed those concerns to the
satisfaction of those two neighboring property owners. Mr. Harstad also asked any
council members to voice any concerns they would have so that Mr. Harstad could
address those concerns as well. No questions were presented by the City Council to Mr.
Harstad to allow him to respond.
The City Council voted to approve the Application three to two. I am told that
this means that the Application is denied, because approval requires a four-fifths vote.
The issue, in my opinion, is whether the City is treating competing businesses
fairly or whether the City's denial of Mr. Harstad's Application for an Amendment to the
Conditional Use Permit was arbitrary in that Suds & Shine is the only car wash in the
area with a limitation on the hours of operation. Messrs. Richardson and Harstad feel that
the City's failure to approve the Application is arbitrary, capricious and illegal.
Before commencing a lawsuit. I would like you to take a look at this matter and
discuss the issues with Mr. Harrington and the other City representatives. After you have
had an opportunity to do so, please give me a call with your thoughts. Perhaps we can
avoid litigation.
r __
•
James J. Thomson, Jr., Esq.
September 18, 1995 •
Page 4
I look forward to hearing from you.
Very truly yours,
MOORE, COSTELLO & HART, P.L.L.P.
By
Malcolm G. McDonald
:sml
Enclosures
cc/encs: Mr. Dennis L. Richardson
STP:13685-1.DOC
REQUEST FOR COUNCIL CONSIDERATION Report umber 1 1 .
Report Number: 95-1495C
STAFF REPORT Report Date: 10-19-9 5
Council Action:
❑ Special Order of Business
CITY COUNCIL MEETING DATE October 23, 1995 0 Public Hearings
❑ Consent Agenda
l Council Business
Item Description:
Consideration of Resolution No. 4830 Approving Affirmative Action Plan
Administrator's Review/Recommendation:
- No comments to supplement this report
- Comments attached.
Explanation/Summary (attach supplement sheets as necessary.)
SUMMARY;
Under the Minnesota Human Rights Act, Section 363.073, any municipality as defined in Section
466.01, subdivision 1, that receives state money for any reason is encouraged to prepare and
implement an affirmative action plan for the employment of minority persons, women and the
disabled.
Mounds View's Certification of Compliance issued by the Commissioner of the Minnesota
Department of Human Rights will soon expire. This certification has allowed Mounds View to
contract with the State of Minnesota for goods or service in excess of$50,000 for the past two
years.
Every two years, an updated plan is submitted to the Department of Human Rights for
recertification. Mounds View's plan has been revised and is prepared to be sent to the
Department of Human.Rights
y Vette Morgan, Ad I 'strative Aide
' I
RECOMMENDATION;
Consideration of Resolution No. 4830 Approving City's Affirmative Action Plan and the Submission of the plan to
the Minnesota Department of Human Rights for recertification.
RESOLUTION NO. 4830
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE CITY OF MOUNDS VIEW'S
AFFIRMATIVE ACTION PLAN AND SUBMISSION OF THE PLAN TO THE
MINNESOTA DEPARTMENT OF HUMAN RIGHTS
e --•,. = supports Equal Employment Opportunity and
Affirmative Action laws, directives and regulations of Federal, State and Local governing bodies
or agencies thereof, specifically Minnesota Statutes 363; and
WHEREAS, the City of Mounds View will not discriminate against or harass any
employee or applicant for employment because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regard to public assistance; and
WHEREAS, the City of Mounds View will use its best efforts to afford minority and
female business enterprise with the maximum practicable opportunity to participate in the
performance of contracts for construction projects that the City engages in; and
WHEREAS, The City of Mounds View will commit the necessary time and resources,
both financially and human, to achieve the goals of the Equal Employment Opportunity and
Affirmative Action; and
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council hereby
approve the Affirmative Action Plan for submission to the State of Minnesota Department of
Human Rights.
Adopted this 23 day of October, 1995
ATTEST:
Mayor
(SEAL)
City Administrator
CITY • LA • ► Ow
AFFIRMATIVE ACTION
PLAN
OCTOBER, 1995
AFFIRMATIVE ACTION PLAN
CITY OF MOUNDS VIEW
TABLE OF CONTENTS
Page Number
I . Project Description 2
II. Policy Statement 3
III. Assignment of Responsibility for Affirmative 4
Action Program
IV. Dissemination of Affirmative Action Policy and Plan 5
V. Organization Chart 7
VI. Workforce Availability and Utilization/Underutilization 8
Analyses
VII . Goals, Objectives and Timetables for Corrective Action 10
VIII . Problem Areas/Deficiency Identification and Analysis 11
IX. Measures to Facilitate Implementation 12
X. Internal Audit and Reporting System 16
XI . Affirmative Action Plan for Disabled Individuals 17
1
I . PROJECT DESCRIPTION
Relationship of the City of Mounds View to the State of Minnesota
The City of Mounds View incorporated as a Village in 1958 under the
provisions of Minnesota Statutes in place at the time. In 1979 the
residents of Mounds View approved the adoption of a Home Rule
Charter and on January 1, 1980 the City became a Home Rule Charter
city.
As a City in the State of Minnesota, Mounds View acts as an agent
of the State in the enforcement of statewide standards and policies
as defined in rule and statute. The City is also responsible for
complying with and enforcing all rules and regulations promulga - •
by State agencies which have been made applicable to cities by
statute.
The City of Mounds View annually receives funds from a variety of
State sources including, but not limited to, Local Government Aid,
Emergency Management, Police, Training, Municipal State Aid, Police
State Aid, and Fire State Aid. Occasionally grant funding is
received from Ramsey County, the Metropolitan Council and the State
to carry out specific programs authorized by City Charter or State
Statute.
The City of Mounds View will take Affirmative Action to ensure that
all employment practices are free of such discrimination. Such
employment practices include, but are not limited to, the
following: hiring, upgrading, demotion, transfer, recruitment or
recruitment advertising, selection, layoff, disciplinary action,
termination, rates of pay or other forms of compensation, and
selection of training including apprenticeship.
2
II. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT
This is to affirm the City of Mounds View's policy of proving Equal
Opportunity to all employees and applicants for employment in
accordance with all applicable Equal Employment Opportunities/
Affirmative Action laws, directives and regulations of Federal,
State and Local governing bodies or agencies thereof, specifically
Minnesota Statutes 363 .
The City of Mounds View will not discriminate against or harass any
employee or applicant for employment because of race, color, creed,
religion, national origin, sex, disability, age, marital status,
sexual orientation, or status with regard to public assistance.
The City of Mounds View will use its best efforts to afford
minority and female business enterprises with the maximum
practicable opportunity to participate in the performance of
subcontracts for construction projects that this City engages in.
The City of Mounds View will commit the necessary time and
resources, both financial and human, to achieve the goals of Equal
Employment Opportunity and Affirmative Action.
The City of Mounds View fully supports the incorporation of non-
discrimination and Affirmative Action rules and regulations into
contracts .
The City of Mounds View will evaluate the performance of its
management and supervisory personnel on the basis of their
involvement in achieving these Affirmative Action objectives as
well as other established criteria. Any employee of the City who
does not comply with the Equal Employment Opportunities Policies
and Procedures as set forth in the Statement and Plan will be
subject to disciplinary action. Any subcontractor to the City not
complying with all applicable Equal Opportunity/Affirmative Action
laws, directives and regulations of the Federal, State and Local
governing bodies or agencies thereof, specifically Minnesota
Statutes 363 will be encouraged to come into compliance or risk the
loss of future contracts .
The City of Mounds View has appointed Lynnette Morgan,
Administrative Aide, or whom shall ever replace and succeed her to
manage the Equal Employment Opportunity Program. Responsibilities
will include monitoring Equal Employment Opportunity activities and
reporting effectiveness of this Affirmative Action Program, as
required by Federal, State and Local agencies . The City Council
will receive and review reports on the progress of the program. If
any employee or applicant for employment believes he/she has been
discriminated against, please contact Lynnette Morgan,
Adminsitrative Aide, 2401 Highway 10, Mounds View, Minnesota,
55112 or call (612) 784-3055 .
Jerry Linke, Mayor Date
Samantha Orduno, City Administrator Date
3
III . ASSIGNMENT OF RESPONSIBILITY FOR AFFIRMATIVE ACTION PROGRAM
The Mounds View City Council authorizes Lynnette Morgan,
Adminsitrative Aide, orr whomever shall replace or succeed her, to
administer the Affirmative Action Program on behalf of the City.
This accountability encompasses the following:
1. Develop the City ' s Equal Employment
Opportunity/Affirmative Action (EEO/AA) Plan/Program
consistent with the City's policies
2 . Dissemination of policy information.
3 . Conducts and/or coordinates EEO/AA training and
orientation of City supervisors and managers to inform
them of their responsibilities pursuant to the
Affirmative Action Plan/Program.
4 . The establishment of contacts in recruitment for
minorities, handicapped and women.
5 . The preparation of all reports that are required and the
design and implementation of audit and recording systems
to measure the effectiveness of the Affirmative Action
Program.
6 . The updating of the City's Affirmative Action Policy in
accordance with changes in State and Federal Law.
7 . The interpretation of the Affirmative Action Program to
all employees, minority, handicapped, women's
organizations .
8 . The establishment of affirmative action program.
9 . The provision of information to employees or applicants
alleging discrimination of their rights under provisions
of the Civil Rights Act and 1964 as amended by the Equal
Employment Opportunity Act of 1972 and the Minnesota
Human Rights Act; of legal options for registering a
complaint; and investigation of all such complaints .
10 . To receive complaints of alleged acts of discrimination
by the City, its agents, employees, or any of its
departments .
11 . To investigate all such alleged acts of discrimination
and to record all material facts .
12 . To report to the City Council good faith claims of
discrimination.
4
IV. DISSEMINATION OF AFFIRMATIVE ACTION POLICY AND PLAN
A. Internal Dissemination
1. A copy of the Affirmative Action Program for
the City of Mounds View will be communicated
to every department head in the City.
2 . The City Administrator will instruct, inform
and advise all department heads of the
responsibilities of employees in promoting and
effectuating the policy of non-discrimination.
3 . A copy of the Affirmative Action Policy shall
be communicated to all employees and become
part of the Employee Handbook.
4 . A copy of the Affirmative Action Policy and
other related information shall be posted on
departmental bulletin boards for employee
reference and distributed to all applicants
for employment.
5 . The Affirmative Action Policy statement shall
be included in the City's Personnel Policy.
6 . Union representatives will be informed of the
Affirmative Action Policy.
7 . Labor agreements between any union,
federation, an authorized employee
representative in the City may contain a
clause attesting to non-discrimination and
equal opportunity as part of the basic for any
negotiated settlement.
B. External Dissemination
1. The City Administrator will file copies of the
Affirmative Action Plan with the State
Department of Human Rights .
2 . The City Administrator will file copies of the
City's Affirmative Action Policy with the
State Employment Service and such minority
handicapped and women's organizations which
benefit from open recruitment.
3 . The City Finance Director shall distribute a
statement of the City's commitment to EEO/AA
to all vendors and shall encourage them to
follow similar practices .
5
4 . The City shall make readily available to
minorities, handicapped persons, women and
protected class groups the current listing of
job opportunities in the City work force. The
City will advertise available positions in a
manner determined by the City to be most
appropriate to reach local minority,
handicapped and female persons seeking
employment.
5 . The City shall include the statement "Equal
Opportunity Employer" on all City stationary
and documents when possible and as current
supplies are depleted.
6
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V
Availability/Utilization/Underutilization
Women Minorities
I
Utilization Availability Utilization Availability
' Job I i Number I Number
Job Group Codes* Total Number % Number % Under- Number) % I Number % Under-
utilized utilized
Managerial 7 3
Professional 7 4
Technical 2 0
,
Sales
Workers
Office&
Clerical 7 7
I I I
Skilled •
Craft 10 0
Operatives
Laborers
Service
Workers 14 0
, I _ i
Small Company
47 14 .30 122. 10 47.03 8. 1 0 0 4. 16 8.85 4. 16
Availability
1
Column# #1 #2 #3 #4 #5 #6 #2 #3 #4 #5 #6
Instructions:
1.Column 1 =total#in!ob group.
2. Column 2=total#of women or minorities in job group.
3. Column 3=Column 2+Column 1.
4. Column 4=Column 5 x Column 1. (Round up or down to nearest whole number.)
5.Column 5=availability percentage from 1990 Manpower Information Tables(or from contractor's 8-factor analysis).
6.Column 6=Column 4—Column 2.
' Job Codes are the occupation codes used as column headings in 1990 Affirmative Action statistics. No job codes are needed
for a small company availability analysis.
Source of Availability% MN Department of Jobs and Training
Minnesota Department of Human Rights 1/94
VI . WORKFORCE, AVAILABILITY AND UTILIZATION/UNDERUTILIZATION
ANALYSES
The City conducted separate in-depth analyses of each job group for
minorities and for women (protected groups) . The purpose of these
analyses is to determine if minorities and/or women are currently
being underutilized in one or more job groups . The results of
these analyses then become the basis for establishing the
objectives detailed in this document.
1 . Workforce Analysis
A workforce analysis is prepared annually if new
positions are added to the City's workforce and/or
turnover has occurred within the City's workforce. This
analysis contains job titles ranked from the lowest paid
to the highest paid within each department. For each job
titlethe total incumbents by race and sex, and total
incumbents males, and females, are listed. This profile
includes the actual wage for all job titles .
2 . Availability Analysis
An Availability Analysis has been performed to aid the
City in determining whether minorities and/or women are
being underutilized in the City's operations.
The establishment of job groups is necessary for the
performance of an Availability Analysis . The following
job groups and positions within the groups are as
follows,
Managers and Administrators : City
Administrator, Finance Director, Police Chief,
Parks, Recreation and Forestry Director,
Economic Development Coordinator, Community
Development Director, Public Works Director
Professional: Planning Associate, Housing
Inspector, Accountant, Parks and Recreation
Administrative Assistant, Athletic Supervisor,
Clubohouse Supervisor, and Grounds
Superintendent
Technical: Building Inspector, Engineering Aide
Protective Service: Lieutenant, Sergeant,
Investigator and Patrol Officer
Office and Clerical: Department Secretary (3) ,
Utility Clerk, Payroll Clerk, Administrative
Secretary, Receptioninst
Skilled Craft Workers: Public Works
Maintenance Workers, Park and Recreation
Maintenance Workers
Availability data was developed for minorities and women using the
data available in 1990 census as provided by the Minnesota
Department of Jobs and Training.
8
Underutilization is determined when there are fewer minorities or
women organization-wide than would reasonably be expected based
upon availability. The declaration of underutilization of woman or
minorities does not imply or admit any form of discrimination.
9
VII. GOALS, OBJECTIVES AND TIMETABLES FOR CORRECTIVE ACTION
The City's Utilization/Underutilization Analysis shows that for the
total workforce, there is an underutilization of eight women. The
City will need to maintain an awareness of the need for full
utilization of women particularly when filling vacancies in
existing and new positions .
An underutilization of 8 women and 4 minorities was identified in
the total workforce. Taking into consideration expansion and
contraction in the size of the workforce and employee turnover, the
City will make a good faith effort to hire qualified women and
minorities . It is the desire of the City to eliminate
underutilization through the normal attrition of employees or the
addition of new positions . The schedule for the elimination of
underutilization would be 2 women and 1 minority by 1997 and 2
women and 1 minority every 2 years until the year 2003 .
A. Recruitment Sources
Data shall be maintained regarding recruitment and media
sources notified of City job vacancies
B. Applicant Flow Data
Date shall be maintained that indicates the total number
of applicants interviewed for each job vacancy, those
offered positions, and those hired, in order to determine
the effectiveness of the City's recruitment process and
to assess the City's progress toward equal employment
opportunity.
C. Training
Data shall be maintained indicating the number of City
employees participating in all City-sponsored training
programs .
D. Promotions
Data shall be maintained regarding promotions and those
employees who are promoted.
E. Merit Increases
Data shall be maintained to assure that not disparity
exists regarding merit increases between City employees
belonging to protected classes and other City employees.
F. Disciplinary Actions, Demotions and Terminations
Data shall be maintained on all disciplinary actions,
demotions and terminations including reasons for such
actions .
10
VIII . PROBLEM AREAS/DEFICIENCY IDENTIFICATION AND ANALYSIS
An evaluation of the City's programs for hiring and retaining
employees reveals that the selection process is continuing to make
a good faith effort to attract qualified minorities and women. The
City will need to undertake efforts in advertising vacancies and
recruiting in a manner that will further encourage qualified
minorities and women applicants .
Some problems were identified in the applicant flow composition.
In order to correct this, whenever possible the City will advertise
in women and minority newspapers to increase the applicant pooh
No problems were identified in the transfer and promotion
practices, company facilities and company sponsored activities,
seniority practices, company training programs and workforce
attitude.
In the technical phases area, contract compliance posters are
displayed, employment applications are kept for at least one ( 1)
year and all subcontractors and vendors are made aware of our
Affirmative Action Policy by the "Equal Opportunity Employer"
message on our letterhead.
11
IX. MEASURES TO FACILITATE IMPLEMENTATION
To assure progress towards achievement of Affirmative Action goals
and to guarantee equal employment opportunity to all persons, the
City of Mounds View shall pursue the following actions.
The City of Mounds View's personnel practices shall adhere to the
principle of Equal Employment Opportunity. The principles of Equal
Employment Opportunity shall be introduced into all City written
personnel policies and shall be reflected in all negotiations
between the City and labor unions who represent authorized
bargaining_uni • - • • - -
A. Position Description
1. A written position description shall exist for
all permanent regular full-time and part-time
positions within the City. These descriptions
shall include a position title, general
description of the work, and shall be
available to all employees and prospective job
applicants for review prior to application.
2 . Position titles and minimum qualifications
shall be used in all recruitment advertising.
B. Recruitment
1 . The City of Mounds View will advertise job
openings in the appropriate media for its
labor market. All job advertisements shall
state the title of the position, minimum
qualifications, where applications can be
obtained and other relevant information
submitted the last day of filing. All job
advertisements shall include the statement "An
Equal Opportunity Employer" . In special
circumstances the City may add or substitute
the wording "Minorities and Women are
Encouraged to Apply" .
Announcements of job openings shall be
regularly sent to organizations within the
labor market who specifically represent women
minorities, and the handicapped.
C. City Personnel Policies
1 . The Administrative Department shall provide
for the revision and ongoing maintenance of
12
the Employee handbook to be consistent with
the Affirmative Action Program.
2 . Each department shall be appraised of
Affirmative Action goals and briefed regarding
the City's commitment to achieving those
goals .
3 . The employment application form currently
utilized is intended to eliminate artificial
employment barriers by not requiring
irrelevant information as a part of the
selection process.
4. It shall be inconsistent with the Affirmative
Action Program for any hiring authority of the
City to consider race, color, creed, religion,
natural origin, sex, age, marital status,
public assistance status, handicap, sexual
affiliation or disability as a basis for
rejecting any individual applicant for
employment.
D. Selection and Hiring
1. The City shall make a "good faith" effort to
meet its Affirmative Action goals by giving
maximum consideration to those protected class
candidates who possess minimum qualifications
for City positions .
E. Evaluation of Job Performance
1. Probationary periods for entry and promotional
positions shall be uniformly applied and no
protected class employee shall be subject to a
probationary period different in length from
any other employee.
2 . All performance evaluation systems used shall
be directly related to actual performance on
the job.
F. Compensation
1. All compensation schedules for City employees
shall adhere to State and Federal laws and
shall not discriminate upon the basis of race,
sex, color, religion, national origin,
handicap, disability, age, marital status,
veteran status, sexual orientation or status
with regard to public assistance.
13
2 . All fringe benefit schedules shall be equal
for members of both sexes and shall not
discriminate against any employed member of a
protected class .
G. Disciplinary Procedures
1. All disciplinary procedures within the City
organization shall be applied equally and
shall not discriminate against any employee
upon the basis of race, sex, color, creed,
national origin, handicap, disability, age,
marital status, veteran status, political
affiliation, sexual orientation or status with
regard to public assistance.
H. Training
1. All training programs shall be extended to all
employees, if the program is job related and
would result in better job performance. No
employee shall be restricted from attending
such programs or courses because of race,
color, sex, creed, marital status, religion,
natural origin, age, physical disability,
adherence to any political or union
affiliation, sexual orientation, or status
with regard to public assistance. Special
efforts shall be made to include and encourage
employees in protected classes to attend such
programs and courses .
I . Documentation of "Good Faith" Efforts to Reach
Affirmative Action Goals
1. The Clerk-Administrator shall keep a written
record of the efforts undertaken to meet City
goals for employment of protective class
employees .
K. Complaint Procedure
1. City Responsibility
The City has the responsibility to receive,
investigate and attempt to resolve internal
and external charges of alleged violations of
its obligations to meet Affirmative Action
goals . Appropriate action will be taken to
ensure that the right of individuals to file
14
complaints or participate in investigations,
hearings or any other procedure for resolving
such complaints will be respected and not
interfered with any manner.
Should the final decision be adverse to the
complainants, they will be advised that they
may pursue that matter further with the
Minnesota Department of Human Rights or the
Department of Labor.
Complaints and all actions taken to resolve
them through the City must be maintained in
the strictest confidence. No individual
should be intimidated, threatened, coerced or
discriminated against by the City of filing a
complaint, furnishing information, or
participating in any manner in investigations,
compliance reviews, hearings, or any other
activities related to the administration of
the Affirmative Action Plan or Equal
Employment Opportunity.
2 . Applicant's Rights to File Complaints of
Alleged Discrimination.
Applicants who believe the. City has violated
its obligations may file written complaints
with the City, the Minnesota Department of
Human Rights or the Department of Labor.
3 . Employee's Rights to File Complaints of
Alleged Discrimination
Employees who feel the City has violated its
obligations may file written complaints with
the City, the Minnesota Department of Human
Rights or the Department of Labor.
Employees may bring their concerns to the
attention of their immediate supervisor of
file a written complaint directly with the
Clerk-Administrator.
15
X. INTERNAL AUDIT AND REPORTING SYSTEM
In order to successfully evaluate the implementation of
the City's Affirmative Action Program, the following data
shall be maintained by the City.
A. Reports shall be required from Department Managers on a
regular basis regarding recruitment sources, applicant
flow data, training, promotions, merit increases, and
disciplinary actions, demotions and terminations .
B. Documentation of Good Faith Efforts to Meet Goal.
Semiannual reports wills forwarded as requested to the
Minnesota Department of Human Rights documenting the
City's efforts to meet the establishment goals for
employment of protected class employees .
C. Termination will be broken down by sex, minority,
disability and whether it was voluntary or involuntary.
16
XI. AFFIRMATIVE ACTION PLAN FOR DISABLED INDIVIDUALS
A. Disabled Individual Affirmative Action Clause
The City of Mounds View shall not discriminate against
any employee or applicant for employment because of
physical or mental disability in regard to any position
for which the employee or applicant for employment is
qualified. The City of Mounds View agrees to take
affirmative action to employ, advance in employment, and
otherwise treat qualified disabled individuals without
discrimination based upon their physical or mental
disability in all employment practices such as the
following: employment, promotion, demntion or transfer,
recruitment, advertising, layoff or termination, rates of
pay or other forms of compensation and training.
The City of Mounds View agrees to comply with the rules
and relevant orders of the Minnesota Department of Human
Rights issued pursuant to the Minnesota Human Rights Act.
The City of Mounds View agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by the
Commissioner of the Minnesota Department of Human Rights .
Such notices shall state the City of Mounds View's
obligation under the law to take affirmative action to
employ and advance in employment qualified disabled
employees and applicants for employment, and the rights
of applicants and employees .
The City of Mounds View shall notify each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract understanding,
that the City is bound by the terms of the Minnesota
Human Rights Act and is committed to take affirmative
action to employ and advance in employment physically and
mentally challenged individuals.
B. Schedule for Review
The City of Mounds View will review all physical and
mental job requirements to the extent that these
requirements tend to screen out qualified disabled
individuals . It will be determined whether these
requirements are job related, and consistent with
business necessity and the safe performance of the job.
These requirements will be reviewed when the position
becomes open.
17
C. Pre-Employment Medical Exams .
The City of Mounds View may require a comprehensive
medical exam prior to employment. The results of such an
examination will not be used to screen out qualified
disabled individuals. Information obtained in response
to such inquires or examination shall be kept
confidential except that (a) supervisors and managers may
be informed regarding restriction on the work or duties
of disabled individuals and regarding accommodations, (b)
first aid and safety personnel may be informed, where and
to the extend appropriate, if the condition might require
emergency treatment, and (c) officials, employees,
representatives, or a.ents of the Minnesota Department of
Human Rights or local human rights agencies investigating
compliance with the act or local human rights ordinances
shall be informed if they request such information.
D. Accommodations to Physical and Mental Limitations of
Employees
The City of Mounds View shall make a reasonable
accommodation to the physical and mental limitations of
an employee or applicant unless such an accommodation
would impose and undue hardship on the conduct of City
business .
E. Compensation
If offering employment or promotions to disabled
individuals, the City of Mounds View shall not reduce the
amount of compensation offered because of any disability
income, pension, or other benefit the applicant of
employee receives from another source.
F. Outreach, Positive Recruitment, and External
Dissemination of Policy
The City of Mounds View shall review employment practices
to determine whether the personnel programs provide the
required affirmative action for employment and
advancement of qualified disabled individuals . Based
upon the findings of such review, the City of Mounds View
shall undertake appropriate outreach and positive
recruitment activities, such as those listed below:
1. Develop internal communication of the City's
obligation to engage in affirmative action
efforts to employ qualified disabled
individuals in such a manner as to foster
understanding, acceptance, and support among
executive, management, supervisory, and all
18
other employees and to encourage such persons
to take the necessary action to aid the City
of Mounds View in meeting this obligation.
2 . Develop reasonable internal procedures to
ensure that the obligation to engage in
affirmative action to employ and promote
qualified disable individuals in being fully
implemented.
•
The City shall make readily available to
disable individuals the current listing of job
opportunities in the City offices . The City
will advertise available positions in a manner
determined by the City to be most appropriate
to reach local disable individuals.
3 . Periodically inform all employees and
prospective employees of the commitment to
engage in affirmative action to increase
employment opportunities for qualified
disabled individuals.
4 . Enlist the assistance and support of
recruiting sources (including state employment
security agencies, state vocational
rehabilitation agencies or facilities,
sheltered workshops, college placement
officers, state education agencies, labor
organizations and organizations of or for
disabled individuals) of the City of Mounds
View commitment to provide meaningful
employment opportunities to qualified disabled
individuals.
5 . Established meaningful contacts with
appropriate social service agencies,
organizations of and for disabled individuals,
vocational rehabilitation agencies or
facilities, for such purposes as advise,
technical assistance, and referral to
potential employees .
6 . Review employment records to determine the
availability of promotable and transferable
qualified known disabled individuals presently
employed, and to determine whether their
present and potential skills are being fully
utilized or developed
19
7 . Include disabled workers when employees are
pictured in consumer, promotional, or help in
wanted advertising.
8. Take positive steps to attract qualified
disabled persons not currently in the
workforce who have requisite skills and can be
recruited through affirmative action measures.
G. Internal Dissemination of Policy
Realizing that an outreach program is ineffective without
adequate internal support from department heads and
supervisory personnel and other employees, who may have
had limited contact with disabled persons in the past,
and in order to assure greater employee cooperation and
participation the City of Mounds View shall disseminate
this policy internally as follows:
1. Include it in the Employee Handbook.
2 . Department Heads shall schedule meeting with
all employees to discuss policy and explain
individual employee responsibilities .
3. Meet with union officials to inform them of
the City of Mounds View policy, and request
their cooperation.
4 . Include nondiscrimination clauses in all union
agreements, and review all contractual
provisions to ensure they are
nondiscriminatory.
5 . Post the policy on company bulletin boards,
including a statement that employees and
applicant's are protected from coercion,
intimidation, interference, or discrimination
for filing a complain or assisting in an
investigation under the Minnesota Human Rights
Act.
H. Responsibility for Implementation
Lynnette Morgan, Adminsitrative Aide, or whomever shall
replace and succeed her, has been designated director of
Mounds View's affirmative action activities .
His/her identity shall appear on all internal and
external communications regarding the City of Mounds
View's affirmative action programs . She has been given
the necessary authority to manage the implementation of
20
this program, including the following activities:
1. Develop policy statements, affirmative action
programs, and internal and external
communication techniques to be certain the
City of Mounds View's policies are being
followed. In addition, supervisors shall be
advised that:
a. their work performance is being
evaluated on the basis of their
affirmative action efforts and
results, as well as other criteria;
and
b. the City- of Mounds View is obligated
to prevent harassment of employees
placed through affirmative action
efforts.
2 . Identify problem areas in conjunction with
Department Heads and known disabled employees,
in the implementation of the affirmative
action plan and develop solutions .
3 . Design and implement an audit and reporting
system that will:
a. measure effectiveness of the City- of
Mounds View's plan;
b. indicate need for remedial action;
c. determine the degree to which
objectives have been attained;
d. ensure that each department is in
compliance with the Minnesota Human
Rights Act.
4. Serve as liaison between the City of Mounds
View and the Minnesota Department of Human
Rights .
5 . Serve as liaison between the City of Mounds
View and organizations of and for disabled
persons.
6. Keep Department Heads informed of the latest
developments in the entire Affirmative Action
area.
21
I. Development and Execution of Affirmative Action Programs
The Affirmative Action Plan for the City of Mounds View
shall be developed and executed as follows:
1. Job qualification requirements shall be made
available to all employees involved in the
recruitment, screening, selection, and
promotion process .
2 . The City of Mounds View shall evaluate the
total selection process including training and
promotion to ensure freedom from stereotyping
disabled persons in a manner which limits
their access to all jobs for which they are
qualified.
3. All personnel involved in the recruitment,
screening, selection, promotion, disciplinary,
and related processes shall be carefully
selected and trained to ensure that the
commitments in its affirmative action program
are implemented.
Jerry Linke, Mayor Date
Samantha Orduno, City Administrator Date
22
APPENDIX I
RECRUITMENT RESOURCES
Neighborhood House
179 E. Robie
St. Paul, MN 55107
Working Opportunities for Women
2700 University Avenue
Suite 120
Minneapolis, MN 55114
Minneapolis/Spokesman/St. Paul Recorder
3744 4th Avenue South
Minneapolis, MN
Anoka County Job Service
8008 Highway 65 NE
Spring Lake Park, MN 55432
23
cury o Agenda Section:11.D
REQUEST FOR COUNCIL CONSIDERATION Report Number:95-1496C
Report Date: 10-19-95
STAFF REPORT Council Action:
ENV ❑ Special Order of Business
CITY COUNCIL MEETING DATE October 23, 1995 ❑ Public Hearings
❑ Consent Agenda
M Council Business
Item Description:
Consideration of Request for Amendment to Drainage Plan, Midwest I.V.
Administrator's Review/Recommendation:
- No comments to supplement this report
- Comments attached.
Explanation/Summary (attach supplement sheets_aanecessanj.)
iIIMMARY;
On August 28, 1995, the Mounds View City Council adopted Resolution No.
4800 approving the Development Review for Midwest I.V. for their proposed
30, 000 square foot facility at 8400 Coral Sea Street (immediately north of
the Golf Course) . As a part of this approval, a drainage plan for the
property involved, as well as lots north of the subject property, was
accepted by the Council.
About three weeks ago, Rocky Keehn and I met with representatives of Bel
Air Builders (representing Midwest I.V. ) to discuss the possibility of an
amendment to the original drainage plan. Bel Air's proposal involved
discharging a portion (approximately 1/3) of the run-off generated on the
site to Coral Sea Street and the Blaine storm sewer system rather than
directing the discharge to the on-site storage pond located on the
westernmost side of the property as indicated on the original plan. The
applicants indicated that the amendment came about as a result of the
potential phase two portion of the project which would involve expansion
of the facility to the north.
After initial discussion, and upon the recommendation of Rocky Keehn, a
letter was sent to Bel Air outlining the items which would need to be
submitted in order for the proposal to be considered further. I have
attached a copy of that letter for your review. I have also attached the
materials submitted by the applicant or their representatives in response
to that letter.
The last memorandum attached to this report is from Rocky Keehn. I asked
Rocky to review the proposal and comment on its merits. Please note that
Rocky has some concerns and issues that will need to be resolved before he
is comfortable making a formal recommendation to the City Council.
Paul Harrington, Com city Development Coordinator
RECOMMENDATION•
STAFF REPORT
PAGE TWO
OCTOBER 19, 1995
Because of their size, I have not included copies of the amended
drainage plans in the packet. The applicants will be present
Monday Evening to discuss this issue further with the Council. I
have also asked Rocky Keehn to be present.
Action on this item would involve amending the original Resolution
to reflect the changes proposed.
.!u u U
OUIMEn
Phone: (612) 784-3055
Fax: (612) 784-3462
"Quite Simply the Best"
September 15 , 1995
SENT VIA FAX AND MAIL
Jim Winkels, Director of Busi-rens Dev-e±opment
Bel Air Builders, Inc.
2200 Old Highway 8
New Brighton, MN 55112
RE: Bridges Technology Center - Drainage Plan
Dear Jim:
As a follow-up to our meeting this morning, I am providing this
letter to outline the needs of the City of Mounds View as they
relate to the Bridges Technology Center project and, specifically,
on-site drainage associated with that project.
As I mentioned in our meeting; in the event you desire to amend the
original drainage plan approved by the City in August, the
following information will need to be provided:
1. A detailed explanation of why the drainage from the site
cannot flow to the sediment pond as planned for in the
original submittal and approval.
2 . Documentation from the City of Blaine acknowledging their
receipt, review and approval of the proposed plan. This
documentation should include comments on the impacts of the
project on Blaine's storm sewer system in the area and a
discussion of liability (Blaine's, Mounds View's, Midwest
I.V. ) in the event downstream flooding or water quality
problems occur.
3 . Documentation from the Rice Creek Watershed District
acknowledging receipt, review and approval of the proposed
plan.
4 . A revised set of drainage maps and computations for the
proposed amendment.
Upon receipt of the aforementioned items, I will place the request
for amendment on the earliest available Mounds View City Council
meeting for formal consideration.
TO soN%iNia 2401 Highway 10 • Mounds View, MN 55112-1499
Eaual Opportunity Employer 100IlCVC1lO Ceo�
Jim Winkels
Page two
September 15, 1995
As agreed to, work on the project may continue under the original
approvals granted by the City Council at their August 28 , 1995
meeting. I will need to- receive a set of plans authorized in that
approval by today.
If you have any questions, please do not hesitate to give me a
call.
Sincerely,
CITY OF MOUNDS VIEW
/// ---77.1:=2)
t-Paul Harrington'
Community Development Coordinator
cc: Rocky Keehn, SEH
September 19, 1995
mstisMesat City of Mounds View
-- i a 2401 Highway 10
' Mounds View, MN 55112-1499
ENGINEERING Attention: Mr. Paul Harrington
CORPORATION
RE: Bridges Technology Park
8400 Coral Sea Street
Mounds View, Minnesota
CE 5082
Dear Mr. Harrington,
This letter is written in response to your facsimile to Mr. Jim Winkels,
Director of Business Development, Belair Builders, Inc., dated September
Consulting Engineers 15, 1995, Item #1.
Land Surveyors
On August 7, 1995, the City of Mounds View approved the Conceptual
Grading and Drainage Plan of Bridges Technology Center, Lot 3, proposal.
This p/an indicated that all storm water drainage on the site would drain to
Outlot A through a storm sewer system and sediment pond.
The City Council was also presented with the conceptual drawings of the
master plan indicating Lots 1, 2, 3 and Outlot A. At that time Lot 2 was
considered a site that would be constructed at least 2 years or more into
the future.
In late August, it came to light that Lot 2 (Phase 2) of the Bridges
Technology Park, would probably be constructed in the Spring of 1996 as
an expansion of Lot 3. This required us to look at various options for the
Ewa' east parking lot area. One option was to pipe the storm water under the
Opportunity proposed building and the other option would be to discharge the storm
Ertroioyer water into the City of Blaine storm sewer system.
Option #1: Storm water to flow under building into sediment pond
In order to provide positive storm water drainage away from the building,
catch basins would be required to be at the east end of the parking lot.
From these catch basins, the water would flow from the east under the
building to the west for approximately 350 feet to the pond. The building
foundation walls would need to be extended down to allow the storm sewer
to pass through the walls. Also maintenance of the storm sewer would be
difficult and the potential for failure of the pipe or the floor is increased.
2815 Wayzata Blvd.
"M9inneaoolis,MN 55405 Fort Myers Aberdeen Raoid City
(612)374-4740 Florida South Dakota South Dakota
Page 2
RE: Bridges Technology Park
8400 Coral Sea Street
Mounds View, Minnesota
CEC Project No. C95082
SA '-' E - is pi
We don't recommend storm sewer under building for the following reasons:
ENGINEERING
CORPORATION 1. The foundation walls are required to be lowered to allow storm
sewer pipe to pass through the wall(Best Management Practices).
2. Maintenance of the storm sewer would be difficult.
3. The foundation walls are required to be lowered to allow storm
sewer pipe to pass through the wall (Best-Management -ractices).
4. Maintenance of the storm sewer would be difficult.
Option #2: Storm water to be discharged into Coral Sea Street
This option was first considered in early August. The City of Blaine was
contacted and we were given a fairly negative response by the City
Engineer, Chuck Lenthe. The negative response was not due entirely to the
City storm water system line capacity as much as to the hookup fees. The
concept was not pursued heavily because Phase 2 (Lot 2) building layout
was considered extremely preliminary.
In late August, when the Phase 2 of Bridges Technology Park came to light,
the City of Blaine was addressed again on this issue. Ron Henrickson, City
of Blain Planning director, stated he needed a set of plans showing Lots 2
and 3 and the proposed Grading and Utilities Plan. These plans were sent
to his office on 9/7/95, for City of Blaine review of acceptability of the
storm water runoff of Lots 2 and 3. On 9/12/95 l received verbal approval
from the City of Blaine that their storm sewer system will accept our
proposed runoff and no discharge rate restrictions needed to be performed.
Payment is to be made to the City of Blaine for hook up charges.
SUMMARY:
Reviewing the above options for effectiveness, cost, maintenance and
durability, the most practical solution is to discharge the storm water from
the East parking lot into Coral Sea Street.
Sincerely,
CLAR ENGINEER! G CORPORATION
PW &./0/11-
Thomas J. Ce are
Project Engineer
TJC/mgc
September 19, 1995
ENGINEERING Short Elliott Hendrickson
3535 Vadnais Center Drive
CORPORATION 200 SEH Center
St. Paul, MN 55110
Attu J -K-eehn
RE: Mounds View, Minnesota
Bridges Technology Park
Master Drainage Plan
SEH No. Center
Clark Comm. No. C95104
Consulting Engineers
Land Surveyors
Dear Mr. Keehn,
The following information is being forwarded to you per our September 15
meeting and item number 4 of the letter sent to Mr. Jim Winkels from Mr.
Paul Harrington.
It is our hope that this information will accomplish two goals.
The first goal is to obtain your approval of the revised Lot 3 Grading and
Utility.Plans configuration, previously approved by your agency.
The pond has been modified to provide dead storage only (water quality) for
Lot 3 as well as Lot 2. The live storage is proposed to be contained in a
Equal portion of Oudot A. This can be examined by looking at the plans for Lot
Omut,* 3 construction, as well as the calculation.
Emofoyer
The second goal is to obtain your approval of the Master Drainage Plan into
Outlot A which will provide live storage for Lots 1, 2 and 3.
The Master Drainage Plan for Lots 1, 2, 3 and Out/ot A was designed to
provide both water quality and quantity control of storm water runoff.
A. Water Quality
Water quality will be achieved by the use of two ponds. The
Proposed Pond will accommodate storm water runoff from Lots 2
and 3. The Future Pond is designed to accommodate storm water
runoff from Lot 1.
2815 Wayzata Blvd.
Minneapolis,MN 55405 Fort Myers Aberdeen Rapid City
(612)374-4740 Florida South Dakota South Dakota
Page 2
RE: Bridges Technology Center
Mounds View, MN
Clark Comm. No. C95104
1. Proposed Pond
ENGINEERING
CORPORATION Compilations were based on several factors. The water
quality requirements were therefore determined by using the
layout of Lot 3 and the future layout of Lot 2 (Phase 2). The
future layout of Lot 2 is very likely to become a reality by
next summer.
Lot 3 (Phase 1) will have roughly 0.8 acres (the east parking
lot) draining into Coral Sea Street, City of Blaine storm sewer
system. This will also occur when Lot 2 is developed. We
have obtained City of Blaine's verbal approval for discharging
into their system.
Curve numbers and areas can be examined by looking at the
compilations.
The proposed normal water elevation for the Proposed Pond
is set at 902.2. A weir/skimmer structure is designed to
collect any floatables prior to discharge into the wetland.
2. Future Pond
The Future Pond is located per your recommendations. Pond
size and discharge rate after development, was considered as
a commercial and business site with an impervious area of
85% (developable land).
3. Analysis
The estimated amount of on-site retention ponding
requirements for Lots 1, 2 and 3 was done using a Lotus
spreadsheet called PONDSIZE developed for the Vadnais Lake
Watershed Management Organization by William W. Walker.
His methods meet requirements of the Metropolitan Council
and the City's L WMP.
Page 3
RE: Bridges Technology Center
Mounds View, MN
Clark Comm. No. C95104
•
B. Water Quantity
ENGINEERING As mentioned above, the Proposed Pond and Future Pond are for
CORPORATION water quality only. It is proposed that a portion of Out/ot A be used
to provide for the live storage or what can be said to be the
difference of the storm water runoff of a 24 hour duration storm
with a 100 year reoccurrence for the existing conditions versus the
proposed conditions a Lntsi, 2, 3 and Out/nt A.
With the use of computer modeling, estimates of storm water runoff
flows from Lots 1, 2, 3 and Out/ot A were determined for a 1 year,
10 year and 100 year storm event.
Discharge from Outlot A is limited to the 100 year storm event for
the existing site conditions. Assumptions were required to determine
the conditions after development to the three lots. "C" values were
given the following, wetlands 75, pond areas (water) 99, building
and pavement 98, and grass area 60.
Through modeling the results of a 100 year storm event having a 24
hour duration on Lots 1, 2, 3 and Outlot A would produce
approximately 21 CFS of storm water runoff into Outlot A.
Using this information in our model, restricting the discharge rate
from Outlot A to approximately 21 CFS, the high water elevation in
Outlot A after Lots 1, 2 and 3 are developed, would be 902. This
is 2 feet above the estimated normal water level elevation in Outlot
A of 900. This can be reviewed by looking at the model of existing
conditions.
This would require minimal berming at several locations indicated on
Sheet Cl of the Item 3 Calculations.
Please refer to the attached sheets for computations.
Page 4
RE: Bridges Technology Center
Mounds View, MN
Clark Comm. No. C95104
a
SUMMARY:
ENGINEERING When assumptions were used in the computations, they were on the
CORPORATION conservative side to provide strict water quality standards to protect the
wetlands.
The calculations and design of the Master Drainage Plan and Lot 3 is
intended to keep construction activities out of the wetlands and to provide
negligible impact after Lots 1, 2 and 3 are developed. It is felt that both
goals can be achieved by the proposed plan.
Should you have any questions, please call.
Respectfully,
CLA K ENGINEE ING CORPORATION
Thomas J. sare
Project Engineer
TJC/mgc
September 20, 1995
City of Mounds View
`' 2401 Highway 10
tMounds View, MN 55112-1499
ENGINEERING Attn: Mr. Paul Harrington
CORPORATION
RE: Bridges Technology Center
Drainage P/an
Clark Proj. No. C.95082
Dear Mr. Harrington,
The information being forwarded to you is in response to your September
15, 1995 facsimile to Mr. Jim Winkels.
Consulting Engineers Item #1 has been addressed by the enclosed letter.
Land Surveyors
Item #2 will be forwarded to you shortly. The City of Blaine is requesting
signed drawings and we wanted to make sure both your office and the City
of Blaine has exactly the same drawings.
Item #3 will also be forwarded to you. The Rice Creek Watershed District
meet late this month for plan approvals. Presently no review has been
performed, but by Friday (9-22) the review should be started.
Item #4 is addressed by the Master Drainage Plan Drawings and
Computations. This information is addressed to Mr. Rocky Keen but we are
sending it through your office.
As soon as we receive information on Items #2 and#3, we will inform you
Equal immediately. Should you receive any additional information, please do not
Opportunity hesitate to call.
Emoloyer
Sincerely,
CLARK ENGINEERING CORPORATION
Thomas J. Cesare
Project Engineer
•
TJC/mgc
2815 Wayzata Blvd.
Minneapolis,MN 55405 Fort Myers Aberdeen Rapid City
(612)374-4740 Florida South Dakota South Dakota
11,
B -1i E
City of Blaine
•
9150 Central Avenue N.E.,Blaine.Minnesota 55434-3499 (612)784-6700 FAX(612) 785-6156
September 22, 1995
Mr. Thomas I. Cesare,Project Engineer
Clark Engineering Corporation
2815 Wayzath Boulevard
Minneapolis, Minnesota 55405
RE: Bridges Technology Park-Lot 3
Dear Mr. Cesare:
This Ietter acknowledges receipt of signed drawings for the above project dated
September 20, 1995. The City has reviewed the plan and upon payment of the required
fees and issuance of a permit will allow connection to sewer, water and storm sewer
systems which, in the opinion of the City Engineer,are adequate to serve the site.
Sincerely,
Ron Henrickson
Director of Planning/
Economic Development
—� .
cc: Chuck Lenthe
City Engineer r�4 z`y
� C 2 51895
man ���
•
CLARK ENGINEERING CORP.
Rice Creek watershe •
3585 LfXINCTON AVENUE NORTH, SUITE 132 j
ARDEN HILLS. MINNL5OTA 55126-8016 •
-
TELEPHONE (612)4830634
FAX (612.)483-9186
DATA tj /9c
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BICE AT�RD DISTRICT
Xate Drewry
Distria Arizaidaticar
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A.J. CARDINAL,S2. CAROLE V. RYDEN ROBERT M. HALT BARBARA A. NAAKE EUGENE L. PETERSON
AOA GOU.A7 RAw4SEY COUNTY MAS w CTOw COuf+T7
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Ateprirserl
MEMORANDUM.
ST.PAUL,MN C MINNEAPOLIS,MN C ST.CLOUD,MN C CNIPPEWA FALLS,W
D MADISON.W!
TO: Paul Harrington,Community Development Coordinator
City of Mounds View 1
T 4��
FROM: Rocky J. Keehn,P.E. kjj I
DATE: October—,
RE: Mounds View,Minnesota
Bridges Technology Center
Review of New Drainage Plan
SEH No.A-MOUND9601.00
I have completed a review of the revised drainage plan for Lots 1,2 and 3 of the Bridges Technology
Center. The information received by Clark Engineering does not include a map which shows the
drainage areas. This map is needed since it is difficult to determine the changes from existing
conditions to future. I have called Thomas Cesare at Clark Engineering,and I should receive the
information sometime on Thursday,October 5. I may not be able to review the data until after this
•
information is in your packet
The drainage concept presented appears adequate to drain the facility (however, I will need
drainage maps to make the final recommendation). Even without the drainage maps,I feel the
following items should be discussed or addressed at the Council meeting:
1. Information should be received from Blaine which indicates that the system is adequate to
handle the flow. This information should also discuss Mounds View's liable for any future
problems or project related to the additional flow.
2. A major portion of the sediment and pollutants will flow to a pond that the developer has
no responsibility for maintenance. The original proposal had all the runoff contained on-site
and thus, the developer was directly responsible for their own runoff. If the downstream
sediment pond in Blaine needs cleaning or repair, the owner or future owners may be
assessed for the project
3. The entire change is based on expansion of a building that is not yet built If the expansion
does not occur as proposed and a road or parking area is provided between Lots 2 and 3,
the drainage to Blaine is not required. If Lot 2 is not used as proposed, will the future
drainage system remain or is the Blaine agreement only valid for this developer? An
interim solution may be to provide a storm sewer to Blaine and the sediment pond. The
Blaine system can be bulkheaded until the second phase of construction approved.
If you have any questions,please call me at 490-2026.
tlo
■ ■ ■ ■
THlS IS
For the Week of October 16 - October 20, 1995
ADMINISTRATION
ADMINISTRATION
Well, the California girl is getting ready to move back to California. My last official day
will be November 24. I plan on leaving Minnesota and heading for California via
"Abigail" the Sunday after Thanksgiving. Thank goodness the budget will be put to
bed before I go! So, for the next 30 days the staff and I will be working very hard to
tie up all loose ends and get everything ready for Paul to take over in the interim.
Make sure that you abuse him to the fullest extent!
Just received information on the Oak Grove Landfill reimbursement procedure.
Hopefully we will be able to get our $26,000 back from the State as fast as they
required us to send it in.
Samantha
Highway 10 Property:
♦ Samantha and I did an inventory on the contents in the blue house using the
City's video camera. I have valued the contents at approximately $15,000.
Under the original negotiations we agreed that the seller could remove the new
cabinets and appliances which I have estimated at a value of $6,800. In
discussions with the seller he is interested in removing all the new material he
put into the house including windows, furnace, interior and exterior doors. We
will be going back to the negotiation table to discuss specific items he can
remove and if there will be a change in the previous agreed sale price. It is
our feeling that any exterior items must remain to keep the house secure until
we make the move to demolish the house. Again this will be discussed at the
next work session.
• I have attached a letter from Tim Nelson regarding his negotiations with the
Parons and Kroonblawd's homes on Highway 10. It sounds like he will
continue to pursue these properties.
♦ I met with Morgan Nederheiser who is working on the market demand study for
Charlie Hall this week. I gave him a ton of information regarding the area and
put him in touch with several other people. The study is expected to be
complete in November. I have invited Charlie Hall to come and discuss his
progress at the November work session.
Cathy
PARKS, RECREATION AND FORESTRY
PARKS:
* Steve took care of a problem with the Random heater. Jeff delivered some hay
bales to the front of City Hall.
* Athletic field lining and grooming, spot mowing and trash removal continue
throughout the Fall.
* Work is continuing towards getting equipment and facilities ready for the cold
months to come.
RECREATION:
* A new flag football program for 3rd - 5th graders and some new special
ceramics after-school programs began. Registrations continue to come in for
fail programs and trips that have yet to begin.
* Sharie and Mary were busy with planning programs and preparing the
Newsletter to go to print on October 20. Should be in residents homes on
October 27.
* MEA vacation activities went this week. A kids garage sale took place on
Friday, October 20. Trips to Playworks - Pizza Hut - Maplewood Community
Center Pool (on Thursday, October 19) and Pine Tree Apple Orchard -
Jumping Jax - Children's Museum (on Friday, October 20) also went.
FORESTRY:
* Rick and crew have continued with their normal fall activities. Doing plantings,
trimming, and preparing for the winter.
GOLF COURSE:
* Things continue as normal at golf course. People are still enjoying playing a
round when the weather cooperates. Practice Range is still getting its use.
* John has been continuing to work on all daily maintenance duties with the golf
course.
* Golf hours have been shortened not only due to shortened daylight but also
due to morning frost.
CABLE TV
* Sue Henry, the new cable technician/producer, has been learning how to use
the equipment, met with the cable committee, broadcast her first Council
Meeting, and spent time at the Cable TV office in Roseville.
POLICE
* We conducted the written examination for police applicants last
Saturday. A total of 97 people took the test. The next step is to get
the results and arrange for interviews.
* Larry Siluk was at a "sex crimes" seminar last week. The
seminar lasted three days and was held Brainard.
* Linda Meyer and husband took their first trip to Las Vegas.
The Chief is the only one in the office that's never been there.
* The Chief attended a Ramsey Co. Chief's meeting last week and a
Rotary luncheon on Tuesday. At the Rotary, he was given bicycle
lights to distribute to kids in the City. (only ten lights)
* This week, Dave Brick attended a three day Emergency Management
School. This is the first in a series of mandatory schools to maintain
the certification.
* We have hada lot of trouble with our squad cars the past week.
Overheating, oil leaks, MDT's etc. Everything is mostly fixed.
Tim
FINANCE
E-mail is very interesting. It helps improve communication between employees,
departments, and buildings. Thanks to E-mail we know that Phyllis is home and doing
better which pleases all of us. Through E-mail we learn if one of us will be out of the
office due to meetings, training, illness, and vacations. This week E-mail told me,
that Mary Tatarek was in charge of the Finance Department. So, here I am writing
"This Is It".
The reason I am "in charge", according to E-mail, is that Don Brager went on vacation
for the last 3 days of this week. The budget newsletter has been delivered and there
is a break in the action before the next budget meeting and the auditors arrive in
November.
Dorothy has rearranged her office space to make room for another computer.
WaterPro has been in this week setting up the second computer with the software
needed to work with the new water meter system. According to E-mail, Dorothy has
also been busy outside of work rearranging things at her father's home. The home
has been sold and the "Moving Sale" is being held this week.
Kitty, jokingly said that Dorothy rearranged her office into Kitty's office. According to
E-mail, Kitty took a vacation day Wednesday and helped out at the Clubhouse for a
few hours on Thursday. Kitty is also involved with the changing water meter system
and is attending the informational meeting with WaterPro Friday morning.
If you had access to E-mail then you would probably know that I went to a seminar
on sales and use tax this week. This week accounts payable were processed. Tree
removal bills went out this week with the regular accounts receivable.
Some important news does not get told through E-mail. We found out about
Samantha "person-to-person". We wish Samantha the best of luck. She is one-of-a-
kind and will be greatly missed.
Mary T
PUBLIC WORKS
* Mike is vacationing in Cancun, Mexico. Hopefully, the hurricanes and
earthquake didn't reach the area their in!
* The Streets Department is crack sealing this week. The salt deliveries (oh
yuck, winter already?) will start Monday, October 23. Approximately 400 ton
will be hauled in Monday and Tuesday.
* Bill Hanson attended a "Basic Water" seminar Tuesday.
* The fire hydrant at the entrance of the Townsedge Mobile Home Park was hit
again last week. The Water Department is driving posts in the ground, around
the hydrant, hoping that posts, not the hydrant, will take the impact of a
vehicle.
* WaterPro setup office at the treatment plant this week. The first district mailers
went out on Tuesday, with hopes of starting the installations on Monday,
October 23. On Friday, October 20, at City Hall, WaterPro will hold a training
seminar for the installers.
* AND OF COURSE All of us at Public Works wish Samantha the best of
luck and a BIG CONGRATULATIONS on her new job!
Tracy
CMUNTY
DEVELOPMENT
,)
WETLAND SEMINAR
Staff attended a free Wetland seminar hosted by St. Cloud State University last Friday
in St. Cloud. As wetland legislation continues to be modified, seminar's such as
these help in keeping Staff current on all new regulations. An additional benefit is
that as Staff-unde-rstandin-g—of wetlands-andetland delineation increases, consulting
time and fees go down due to less time needed for "educating". I will continue to
take advantage of all free or reasonably priced seminars.
7618 EDGEWOOD 4PLEX
Jennifer received word this past week that the VA has taken control of the problem 4
plex located at 7618 Edgewood Drive. The contact person at the VA informed
Jennifer that notices to vacate have been sent to the "tenants" (they are actually just
squatter's - paying no rent, utilities, etc.). Also, the VA has requested a list of the
outstanding charges against the property (about $11,000) and indicated they will be
paying those shortly.
Paul
October 16, 1995 E\'EREST D \E ORV ENT LTD
Cathy Bennett
Economic Development Coordinator
CITY OF MOUNDS VIEW
2401 Highway 10
- , '. -112
Re: 2280, 2288, and 2300 Highway 10
Dear Cathy:
I am writing to report on the response of the owners of the above-referenced residential
properties on Highway 10, to my recent correspondence inquiring as to their interest in
selling their properties. Last week I spoke by phone with each of the property owners.
Set forth below is a summary of their responses.
Bob and Marjorie Kroonblawd (2280): I spoke with Mrs. Kroonblawd. She
was very friendly and indicated that she and her husband would be willing to
consider the sale of their property, but that they are not ready to suggest an
asking price at this time. They want to think about an asking price and will
discuss it with me sometime later in November, as Mr. Kroonblawd is
scheduled for hip surgery early in November. If they move they want to move
to another house with a yard - although retired, they are not ready for senior
housing yet.
James and Louise Paron. (2288): I spoke with James Paron and he basically
responded that because his wife did not want to leave the property, they were
not yet prepared to consider selling and that he would call me if and when they
were interested.
James and Donna Paron, (2300): I spoke with Jim Paron (son of James Paron
at 2288) and he indicated that he and his wife would consider selling if they
could replace their house with one of the new 3-level townhomes on the
Majestic Oaks golf course with an additional $50,000 cash. He was being
somewhat facetious, but was basically indicating that he has a very high sales
price expectation. He would not quote me a dollar amount. When I asked Jim
about his parents' intentions (I had not spoken to them yet) he said he had been
encouraging them to move near Messiah Lutheran Church in the Sunnyside
School area, where they are very active members, but that they had not yet
expressed an interest in that idea.
•
Page Two
October 16, 1995
Cathy Bennett
CITY OF MOUNDS VIEW
My preliminary conclusion concerning these three property owners is that we could
likely reach an agreement with the Kroonblawds, but that without the use of eminent
domain, it will be ams Luigi f—not—impossitlle—to--reach agreement-with tire—Faron
families. It appears that the elder Parons still have an emotional attachment to their
property and that the younger Parons think they should get rich from the sale of their
property simply because a developer is inquiring about the purchase.
Please feel free to call me if you have any questions or advice concerning the
foregoing. For my part, I intend to "lay low" for about a month or so and then renew
the conversation with all three property owners in late November.
Sincerely,
EVEREST DEVELOPMENT, LTD.
Timothy J. Nelson
TJN:lc
interoffice
MEMORANDUM
to: Mayor and City Co ncili,
n
from: Michele J. Severso �`
subject: Budget Information for Agenda Item 11 B.
date: October 19, 1995
The background information_regarding_xhebudget-will-be-hand-delivered to ycuzhomes (Friday)
so that you may review it prior to Monday night's meeting. The package was not complete due
to some refining of the charts and graphs.
TO: MAYOR AND CITY COUNCIL
FROM: SAMANTHA ORDUNO, CITY AD "yv TOR
DATE: OCTOBER 23, 1995
RE: INDEX FOR WEEK OF OCTOBER 23, 1995
MEETINGS SCHEDULED FOR THE WEEK OF OCTOBER 23, 1995
. Special Council Meeting, October 23, 1995, 6:00 p.m.
. Council Meeting, October 23, 1995, 7:00 p.m.
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 Michele, Cathy or Lynnette will have my
most current schedule and a number where I can be
reached at all times. )
Monday, October 23, 1995
9:00 a.m. Public Works Contract Discussion
6:00 p.m. Special Council Meeting
7:00 p.m. Council Meeting
Tuesday, October 24, 1995
9:00 a.m. Department Head Meeting
- 2 -
Wednesday. October 25. 1995
9:00 a.m. MIS Meeting with Staff
Thursday. October 26. 1995
Friday. October 27. 1995
REMINDER . . . .
SPECIAL COUNCIL
MEETING
6 : 00 P . M .
CITY HALL
PURPOSE : TO DISCUSS
MIDWEST I .V. DRAINAGE
PLAN