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Agenda Packets - 1995/02/06
CO UNCIL/621 SCHOOL BOARD MTG. FEBRUARY 6, 1995 5:30 P.M. "'''''"'""'"'""'"COUNOLNIN0915.15PAPIPRIEBIE1111 f 1. Discussion of 1995 Legislative Session (Representative Pellow). 2. Discussion Regarding Manufactured Home Park Issues (per Councilmember Trude) 3. Discussion Regarding TCAAP (Diane Wuori - TCAAP Committee Member) AGENDA PAGE TWO FEBRUARY 6, 1995 4. Request by Lake Region Hockey for Pull Tab Operation at Donatelles 5. Update of Energy/Cost Analysis (Mike Ulrich and Honeywell Representatives) • ]iigiECONOMIGDEVEILOPMENITm 6. Discussion of Small Business Loan Program (Mark Malone, Member of the Economic Development Commission) 7. Discussion of Highway 10 Vision Statement (Mark Malone, Member of the Economic Development Commission) AGENDA PAGE THREE FEBRUARY 6, 1995 COMMUN"Tr:DEVELOPMENT > '> 8. Discussion of Adult Uses Ordinance (Paul Harrington, Community Development Coordinator and Jim Thomson, City Attorney) 9. Discussion of Development Request 95-99, Sherwood Estates (Paul.Harrington, Community Development Coordinator) 10. Discussion of Request for Conditional Use Permit, Model Homes (Paul Harrington, Community Development Coordinator) :.:;:.::.;:. ;: B" XX2SF >;'»> SSU " >....[� � ......_..... .. EY _E-- - ...._.... 11. Consideration of Ordinance No. 553 Entitled, "Cigarette and Tobacco Products" (Tim Ramacher) AGENDA PAGE FOUR FEBRUARY 6, 1995 12. Consideration of Purchase of A Squad Car (Tim Ramacher, Police Chief) 13. Discussion Regarding Civil Service Commission Appointment RKANDREGREATIO.N............ ........................................................................................................... ISSUES 14. Review Park Ordinance (Mary Saarion, Director of Parks, Recreation and Forestry) 15. Review Proposal for Soil Testing at Woodcrest Park (Mary Saarion, Director of Parks, Recreation and Forestry) AGENDA PAGE FIVE FEBRUARY 6, 1995 16. Discussion Regarding Participation in North Metro Mayor's Association 17. Update of Cable Legislation (Cora Lee Wilson, North Suburban Cable Commission) 18. Discussion Regarding Water Shut Off Policy (Don Brager, Finance Director) 19. Discussion Regarding Term Limits (per Councilmember Hankner) AGENDA PAGE SIX FEBRUARY 6, 1995 20. Discussion Regarding Possible Creation of Airport Task Force (per Councilmember Hankner) 21. Discussion Regarding Update of 1995 Fee Schedule 22. Discussion Regarding Council Meeting Minutes (Samantha Orduno) REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 14. STAFF REPORT Report Number: 95-1235WS 'VS AGENDA SESSION DATE February 6, 1995 Report Date: 2-2-95 DISPOSITION I Item Description: Review of Park Ordinance Administrator's Review/Recommendation: -- - No comments to supplement this report /-A 6) 1,:. - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; The City Council reviewed the new Parks Ordinances at a previous meeting and tabled it for further discussion regarding alcoholic beverages (by permit only) at City Hall and Silver View Parks. Staff wishes direction regarding this matter. Several cities do offer permits for beer and wine or champagne at parks by permit only at designated parks with large group accommodations. The occasion for such a request would presumably be wedding receptions and class reunions for example. Staff has no preference on this matter. The previous concern was for the Festival Committee's idea of a "beer garden" . The Festival Committee is pursuing this event with Tony Jambor who may sponsor a Festival event on his property. The Park Ordinance does exempt the golf course "The Bridges", which will be serving beer and wine coolers, having DramShop insurance. These comprehensive park ordinances will provide the Police Department and the new Park Patrol with specifics to the intended uses of the parks, and offering a better description regarding prohibited uses. Mary Saa 1 n, ector of Parks, Recreation and Forestry RECOMMENDATION• Request the City Council to set a first public reading of the new Park Ordinances for February 13 , 1995 . CHAPTER 905 PARKS AND RECREATION ARTICLE I. IN GENERAL 905. 01 In General. (a) PURPOSE. This article has been enacted, pursuant to Chapter 950, 1971 Laws of Minnesota, as amended, which authorizes the Mounds View City Council to enact ordinances to govern the conduct of members of the public during their use and enjoyment of the Mounds View Open Space System so as to further thQ safety, health, enjoyment and welfare of all persons in the use thereof, and to protect public property and resources for posterity. (b) DEFINITIONS: (1) "City" shall mean and refer to the City of Mounds View. (2) "Open space site" shall mean and refer to any park, reserve, special use area, golf course, linear park or any other area owned, improved maintained, operated or otherwise controlled by the City of Mounds View for recreation and natural resource preservation purposes. (3) "Park system" shall mean and refer to the City of Mounds View Park System which includes the sites and facilities owned , maintained, and operated by or otherwise under the authority of the City of Mounds View pursuant to Chapter 950, 1971 Laws of Minnesota. (4) "Parks" shall mean any area designed or used for active or passive recreation and which is owned, operated or controlled by the City or controlled by another government unit. (5) "Director" shall mean and refer to the director of parks and recreation - that person authorized by the Mounds View City Council to direct the department of parks and recreation. (6) "Person" shall mean and refer to any individual, firm, partnership, corporation and association of persons. (7) "Department" shall mean and refer to the City of Mounds View Parks and Recreation Department. (8) "Open space waters" shall mean any public shoreline owned by or under the authority of the City of Mounds View. (9) "Law enforcement officer" shall mean and refer to any person duly deputized or commissioned by the City of Mounds View, Board of Ramsey County Commissioners or the State of Minnesota for the purpose of enforcing the laws, ordinances and regulations of their respective jurisdictions. (10) "Motor vehicle" Every vehicle which is self-propelled and does not derive its power from overhead wires. Motor vehicles include, but shall not be limited to automobiles, trucks, motor bikes, mini bikes, all-terrain vehicles and snowmobiles - with the exception of battery powered wheelchairs. (c) CONSTRUCTION AND SCOPE In the interpretation of this article, all provisions contained herein shall be construed as follows: (1) Any term in the singular shall also mean the plural: (2) Any term in the masculine shall also mean the feminine and neuter; (3) Any requirement or prohibition by any provision herein, shall respectiveLy_Pxtend to and include the causing, procuring, aiding or abetting directly or indirectly, of such acts; and the permitting or allowing any minor by the responsible parent, guardian, or custodian to commit any such act; (4) No provision herein shall make unlawful any act necessarily performed by any law enforcement officer or department employee in the line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any contract or agreement with the City of Mounds View; (5) Any act otherwise prohibited by statute or local ordinances, shall be lawful if performed under, by virtue of and strictly within the provisions of a department permit to do so, and to the extent authorized thereby. 905. 02 HOURS AND ACCESS (a) The recreation and education opportunities of the system shall be available to all members of the public regardless of race, sex, age, creed, national origin or place of residency. (b) The system shall be open to the public between the hours of 6: 00 a.m. and 10: 00 p.m. , prevailing time in Mounds View. No person shall remain, stop, use or be present within the confines of any open space site between the hours of 10: 00 p.m. and 6: 00 a.m. Exceptions may be made at the discretion of the director in the case of emergency or when use permits have been authorized or for other reasons the director may determine necessary or desirable. Open space sites are subject to curfew hours in force in Mounds View. (c) Any section or part of any open space site may be declared closed to the public by the director at any time or for any interval of time, either temporarily or at regular and stated intervals, and either entirely or for certain uses as the director shall find necessary. 905. 03 PERMITS (a) Permits shall be required for the exclusive use of all or portions of specific areas, buildings, and other system facilities; and for conducting special events such as those of a cultural, educational, political, religious or recreational nature; and for specific exemption from any provision of this article. Any person, group or association of persons required to obtain a permit shall file an application for such permit with the director. (b) The grantee of a permit shall be bound by this article and any department regulations in force as though the same were inserted in said permit. (c) The grantee of a permit shall be liable for any loss, damage or injury sustained by the system or by any person whatever, by reason of the negligence of the person or persons to whom such permits are issued. (d) The grantee of a permit shall not transfer or relinquish said permit to another person or group of persons without the written permission of the director. (e) The director shall have the authority to revoke a permit upon evidence of good cause. (f) No person shall in any manner disturb, harass, or interfere with the grantee of a valid permit, nor with any of the grantee's property or equipment. (g) Permits shall be issued to adults only and said adult shall be on the premises at all times during the duration of the permit. (h) No person or group shall place or keep any goods, wares, merchandise or other articles on park property or facilities without the written permission of the director. (i) No person shall use park facilities such as picnic areas, ballfields, tennis courts or volleyball courts which have been reserved by another party, or to conduct picnic activity at reservation picnic sites in violation of a permit. 905. 04 SPECIAL ACTIVITIES. (a) SWIMMING. (1) No person shall bathe, wade or swim in any open space waters or at any Mounds View beach except in such areas specifically designated for such use, and only at such times when the "beach open sign is posted and an authorized lifeguard is on duty. (2) No person shall bathe, wade or swim at any beach except when dressed in bathing attire which is socially acceptable and conducive to water safety; (3) No person shall use at any beach any inner tube, water wings, raft, U.S Coast Guard approved life jackets when properly attached or other inflatable or buoyant object except if parents or a guardian adult is in the water with the child and is within arms reach; (4) No person shall possess, carry onto or scatter on any beach, any glass container, broken glass, metal can, or other debris which could be a safety hazard; (5) No person having custody of any animal shall permit said animal to enter any beach area during the swimming season so established by the director; (6) No person shall launch, dock or operate any watercraft in any designated swimming area. (7) No person shall violate rules of Lakeside Park. (c) BICYCLING (1) No person shall ride or operate a bicycle in any open space site except on designated bikeways or surfaces normally provided for vehicular traffic; (2) No person shall ride or operate a bicycle in violation of Chapter 169, Minnesota Statutes 1974, as amended. Persons riding a bicycle shall observe and obey all traffic and directional signs; (3) No person shall ride or operate a bicycle in any open space site except in a prudent and careful manner, and unless such person shall be capable of effective control and operation of said vehicle. Pedestrians and motorized vehicles shall have the right - of - way where a bikeway intersects pedestrian trails or roadways; (4) No person shall ride or operate a bicycle in any open space site faster than is reasonable and safe, with regard to the safety or the operator and other persons in the immediate area; (5) No persons shall ride or operate a bicycle in any open space site thirty (30) minutes after sunset and thirty (30) minutes before sunrise without appropriate front and rear lighting; (6) All bicycle riders shall remain in single file and proceed in the extreme right hand lane of a drive or bikeway at all times except when passing another vehicle or bicyclist parked or traveling in the same direction; (7) Wherever provided, bicycles shall be parked in locations set aside specifically for their storage. (d) GOLF: (1) No person or group of persons or organization shall play golf or hold a tournament or use any golf course or practice range under the jurisdiction of the City of Mounds View without having procured a permit or green fee receipt from the director or director's representative; (2) No persons shall drive, putt or in any other manner play or practice golf except in areas specifically designed for such use; (3) Valid permits or green fee receipts issued by the department shall be carried on the player, or group representative and shall be exhibited upon demand by the director or director' s representative. (4) Golfers shall be properly attired in accordance with socially acceptable standards. (5) No person shall tamper with any irrigation system, tee marker, green flag, or maintenance equipment; (6) No person shall sell any merchandise on any golf course except those concessionaires authorized by the director; (7) Entrance to or exit from any golf course shall only be through designated access points. (e) BOATING: (1) No person shall on any lake, pond or stream within the City use any mechanically propelled boat or other watercraft unless being used for emergency rescue or the maintenance of the lake, pond or stream. (2) No persons shall operate any watercraft on any open space waters contrary to or in violation of Chapter 361, Minnesota Statutes 1974, as amended; (3) No person shall operate, row or paddle a boat, canoe or other watercraft on any open space waters unless able to handle the same with safety to himself, other occupants thereof, or in such manner as not to annoy or endanger the occupants of other boats; (4) No persons shall leave any watercraft unattended except in areas specifically designated for mooring, anchoring or beaching; (5) No person shall operate watercraft within an area which has been designated as a swimming area; (6) No person shall drop or throw any watercraft garbage, litter or other debris; (7) All watercraft launched from a system facility or operating on open space waters shall have a Coast Guard approved life preserver for each occupant; (8) No person shall operate any watercraft in a careless or recklessmanner. (f( MOTORIZED RECREATION VEHICLE: (1) No person shall operate a motorized recreation vehicle within any open space site except in such areas specifically designated for such use; (2) No person shall operate a nonlicensed vehicle on any parkway or other roadway within an open space site. (3) No person shall place any vehicle for sale or exchange on park property. (4) No person shall wash, grease, repair, change oil or maintain in any way a vehicle except as necessary in an emergency. (g) CAMPING: No person shall establish or maintain any camp or other temporary lodging or sleeping place in any open space site. 904. 05 GENERAL CONDUCT: (a) DEFACEMENT, DESTRUCTION OF PROPERTY AND RESOURCES: (1) No person shall tamper with, climb on, injure, deface, destroy, disturb, damage, move or remove any part of any park building, portable bathrooms, structure, sign, light pole, drinking fountain, hydrant, picnic table, grill, trash receptacle, equipment, statute or other property found therein. This does not prohibit appropriate use of play equipment. (2) No person shall deface, disturb or remove in any manner any soil, artifact, fossil, rock or other mineral resource; (3) No person shall excavate any ditch, trench, tunnel or hole in any open space site. (4) No person shall erect or maintain a shelter, hockey goals or other structures on the ice unless the structure is portable and removed each day. (5) No minor shall possess unauthorized permanent marker, paint, matches or sharp tools. (b) PRESERVATION OF VEGETATION: (1) No person shall injure, cut, destroy, mutilate, uproot, disturb, or remove any flower, tree, shrub, or any plant whether wild or cultivated, or any part thereof; (2) No person—shall plant o-r ca sA t�rre_p-lanted anywild, cultivated or exotic tree, shrub, or plant except in specifically designated areas with the written permission of the director; (3) No person shall fell or climb any tree; pick any flowers, fruit or vegetable (not self grown) ; trample any flowers, tree seedlings, flower beds, vegetable gardens or new turf seedlings; (4) No person shall hitch any animal or fasten, anchor or otherwise attach any wire, rope, cable, signs, posters, or other articles to any tree, shrub or plant; (5) No person shall make any unauthorized use of any open space site which is detrimental to the turf and soil conditions; (6) No person shall remove any device, apparatus or material installed for the protection, support, or preservation of any tree, shrub or plant. (7) No person shall construct or place any type of structure including but not limited to deer tree stands, playhouses, treehouses, temporary storage buildings, motorcycle or bicycle launches, temporary shelters, tent, tarps, canopies or other such devices upon park land without permission by the director. (c) ANIMALS: (1) No person owning, being in custody, or having control of an animal, whether wild, pet or domestic, shall cause or allow such animal to roam or be at large in any open space site; (2) No person being in custody of any animal shall permit said animal to enter any beach area, nature interpretive area, wildlife refuge, golf course or park building, whether leashed or otherwise, except trained animals assisting handicapped persons; (3) No person in custody of any pet or animal shall allow said animal to disturb, harass, or interfere with other open space users or their property; (4) No person may feed wild animals or birds or deposit a food source for wild animal or birds in the park system. (5) Any unattended domestic animal or pet found roaming or at large within any open space site shall be impounded; (6) All state and local ordinances relating to the licensing and muzzling of animals and pets shall apply to same brought into any open space site; (7) No person shall release or possess any exotic or wild animal in any open space site without written permission of the director; (8) It is unlawful for any person who owns, harbors, or has custody of a dog, cat or other animal to permit such animal to defecate on any public property unless such person immediately removes the excrement and properly disposes of it. (d) HUNTING, FISHING AND MOLESTING WILDLIFE: (1) No person shall kill, hunt, trap, pursue, injure, molest or unnecessarily disturb or have in possession any species of wildlife including birds, waterfowl, fish or other animals found within the confines of any open space site, except that fishing may be permitted in designated areas subject to laws and regulations as established by the State of Minnesota; (2) No person shall rob, disturb, or molest the nest, eggs or young of any birds, or other animals within the confines of any open space site. (e) FIRES: (1) No person shall start or maintain a fire in any open space site except small recreational fires in fireplaces, fire rings and grills provided for that purpose in areas specifically designed for such use. Private grills may be used in designated areas provided that all ashes and residue therefrom be disposed of in containers provided for such disposal. (2) Any person who starts or maintains a fire in an authorized area shall exercise continuous supervision from the time the fire is kindled until it is extinguished. No fire shall cause damage or constitute a threat to site vegetation and resources, nor shall it cause discomfort to other open space users; (3) The director may, at his discretion, prohibit fires for limited periods at any location for any purpose when it is necessary for the continued protection of park property and resources. (4) Minors are prohibited from possessing any means of starting a fire in City open space sites. .(fl WASTE AND LITTER; (1) No person shall throw, cast, drop, pour, spill or discharge, or permit to escape in or upon any land, pond, river, creek, stream, ditch, storm sewer or drain flowing into nr through any open space site, n_y ibstance, matter or thing whether solid, liquid, or gas, which shall result in the pollution of said waters, interfere with the conservation management of the water resource, or endanger the health of the public; (2) No person shall deposit in public trash receptacles any household refuse, including all organic material resulting from the manufacture, preparation, or serving of food or food products; spoiled, decayed or waste products from any source; bottles, cans or glassware; paper or paper products; crockery, ashes, rags, discarded clothing, tree or lawn clippings, leaves, weeds, waste resulting from building construction, remodeling or demolition; and other waste products, unless such refuse is the result of activities in the park in which such public receptacles are located. (3) No person shall drop, throw or otherwise leave unattended in any open space site lighted matches, burning cigars, cigarettes, tobacco, paper or other combustible material. (g) FIREARMS, WEAPONS, FIREWORKS: (1) No person shall possess, fire, discharge, or set off any firearm, missile, fireworks, or explosives in any open space site. Permits for fireworks will only be issued upon proof of adequate insurance and compliance with state statutes; (2) No person, except a law enforcement officer, shall possess or carry a firearm of any description in any open space site. No person shall possess or carry in any open space site any air gun, bow and arrow, knife with a blade greater than three (3) inches, slingshot, dart or projectile thrower, or any other dangerous or illegal weapon. (3) Any unauthorized or illegal weapon within an open space site shall be subject to seizure by a law enforcement officer. (h) DISTURBING THE PEACE - CONDUCT: (1) No person, or group of persons, shall disturb the peace and good order in any open space site by either work or act; (2) No person, or group of persons, shall use threatening, abusive, insulting, obscene or indecent language or commit, perform or engage in any lewd, lascivious, obscene or indecent act; (3) No person, or group of persons shall engage in fighting, quarreling, wrangling, riotous clamor, or tumult; (4) No person, or group of persons, shall disturb, harass or interfere with any open space user or the user's property. (5) No person shall solicit or ask anyone to commit, perform or engage in any lewd, lascivious, obscene or indecent act or behavior. (i) AUDIO DEVICES. No person shall operate or play any musical instrument, radio, television, record or tape players, loudspeaker, public address system or sound amplifying equipment of any kind in any open space site in such as manner that the sound emanating therefrom is audible beyond the immediate vicinity of the set or instrument, and subsequently interferes with the use of the open space site by other users or disturbs the residents of adjacent property. (j ) LOITERING: (1) No person over the age of six (6) shall enter any comfort station or restroom, washroom or toilet facility set apart or designated for the opposite sex; (2) No person shall lurk or loiter in or around any toilet facility or other system structure except to use such facility for the purpose of which it is intended. (k) ALCOHOLIC AND INTOXICATING BEVERAGES. No person shall possess, have within his or her immediate control, display, consume or use intoxicating beverage or non-intoxicating malt beverage in or upon any public park open space. (1) PARADES, ENTERTAINMENT, PUBLIC MEETINGS. No procession, parades, pageants, ceremonies, exhibitions, celebration, training exercises, speeches, entertainment or other public gatherings shall be allowed to take place in any open space site or on any parkway except with written permission of the city council or director. (m) GAMES. No person shall engage in any potentially dangerous games involving thrown or propelled objects, such as horseshoes, golf balls, darts, or similar objects except in appropriate areas specifically designated for such usage. (n) USE OF TENNIS AND BASKETBALL COURTS: (1) No persons shall use a bicycle, roller skates, roller blades, roller skiis, skateboard or scooter, or allow a dog to be on a color coated tennis or basketball court surface, excluding hockey rink pavement which is specially designed for rollerblade use. (2) No person shall use a tennis court or basketball court. while not we-a- ng tc-nn-is shoes. (3) No person shall play continuously upon a tennis court for more than one (1) hour while others are waiting to use the court. (4) No person shall play hockey on a tennis court. (o) SKATEBOARDS: A skateboard is a footboard or similar object mounted on wheels and designed or intended to propel a rider by human power or force of gravity but without mechanical assistance. The following is not skateboards: a wheelchair operated by a disabled person. (1) It is unlawful to operate a skateboard upon the shoulder of main-travelled portion of a state or county road within the city. (2) It is unlawful to operate a skateboard carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger persons, property or the operator of the skateboard. (3) It is unlawful to operate a skateboard in a place where the surface or traffic conditions render the place unsafe for skateboarding. (4) It is unlawful to operate a skateboard on private property without the prior express permission of the owner of the property. (5) An operator of a skateboard must yield the right-of-way to any other type of vehicle or a pedestrian while the operator is entering or travelling upon a street, alley, sidewalk or bicycle path. (6) The operation and use of skateboards is restricted to paved trails, paved hockey rinks and paved parking lots which are unoccupied, located in the parks. A person who violates this section is guilty of a petty misdemeanor and may be fined up to $50. (p) ADVERTISING: (1) No person shall distribute or disseminate any leaflets, pamphlets, circulars, handbills, advertisements or other written or printed material except with the written permission of the director; (2) No persons shall post, display, affix or attach any sign, poster, placard, notice, banner or advertisement to any tree, building, shelter, fence, pole or other structure except with the written permission of the director; (3) No person shall use loudspeakers, sound amplifying equipment, musical equipment or cause any noise to be made for advertising purposes or for the purpose of attracting attention to any exhibition, performance, event or other purpose except with the written permission of the director. jq) UNLAWFUL SALES. (1) No person shall sell, offer for sale, hawk, peddle or lease any object, merchandise or service or carry on any manner of business or commercial enterprise except those concessions authorized or operated by the city. (2) No person shall park or occupy a vehicle or stand to sell any farm produce, flowers, merchandise or any other product or for conducting any business or selling of services unless authorized by the City. Jr) SOLICITING ALMS No person shall beg or solicit alms, donations or contributions without a valid permit. (s) PHOTOGRAPHY. No person shall take any photographs, or motion or sound pictures for commercial purposes or for use in commercial advertising except with the written permission of the director. (t) UTILITIES: (1) The location, construction or erection of any sewer, gas pipe, water pipe, hydrant, lamp post, telephone and electric power post, conduit, pump, lift station and other utility feature proposed in any open space site shall be subject to the approval of the city; (2) No person, firm or corporation shall construct or relocate any of these utility installations or fixtures without the written permission of the director; (3) Every person, firm or corporation who shall receive a contract or permit to do work shall after such work has commenced and until the same has been completed, isolate the construction area by security fencing, warning lights and signs, or other appropriate measures that will protect the public from exposure to danger and prevent unnecessary accidents. (u) LOST AND FOUND ARTICLES. Lost or mislaid articles or money or personal property which are found in any open space site shall be delivered or turned over to the Mounds View Parks and Recreation Department. If the lawful owner of any article or money deposited with the department does not claim the same within a period of sixty (60) days, it shall be returned to the finder upon request. (v) LAW ENFORCEMENT OFFICERS AND EMPLOYEES: (1) No person shall willfully resist, refuse or fail to comply with any order, direction or request lawfully given by any law enforcement officer or department employee acting under the authority of the board and in accordance with this article. (2) No persons shall interfere with, or in any manner hinder any department employee or law enforcement officer during the performance of his assigned duties; nor any employee of a contractor or other county department engaged in construction, repairing or caring for any open space site or part thereof, or while in the discharge or duties conferred by this article. (w) POSTED REGULATIONS, DIRECTIONAL SIGNS AND GRAPHICS. No persons shall disregard or fail to comply with any posted regulations, directional signs and graphics, barriers or other control devices located within any open space site or on any parkway. 905. 06 TRAFFIC RULES. (a) No person shall drive or operate motor vehicle within any open space site except upon roadways, parking areas, parkways or other areas designated for such use. Disabled vehicles may be moved off a paved area to allow for the continued flow of traffic but the vehicle must be repaired or removed within two (2) hours, unless other arrangements are made with the director. (b) No person shall operate a motor vehicle within any open space site or on any parkway in violation of posted regulations and directional signs; Chapter 169, Minnesota Statutes, 1974, as amended; county or municipal traffic ordinances, or orders or direction of law enforcement officers or department employees. (c) No person shall drive or operate a vehicle on or along any roads, drives or parking lots which have been restricted, closed or posted with appropriate signs or barricades. The director shall have the authority to order roads, drives or parking lots within any open space site or any roadway closed during the process of construction, reconstruction, or repair or when in his opinion, weather conditions render travel unsafe or unduly destructive. (d) No person shall operate a motor vehicle in a careless or reckless manner or without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles, so as to endanger the life, limb or property of any other person while in lawful use of an open space site. (e) No person shall park, stop, or leave a vehicle in any open space site or on any parkway or parking lot between the hours of 10: 00 p.m. to 6: 00 a.m. , unless a permit is obtained from the director. (f) No person shall operate a vehicle in any open space site or on any parkway at a speed in excess of fifteen (15) miles per hour or in excess of posted speed limits. (g) No persons shall operate a vehicle in any open space site which emits excessive or irritating noise, noxious fumes, dense smoke or other pollutants. (h) No person shall wash, grease or change oil on any vehicle in any open space site. All disabled vehicles shall quickly be made operational or removed from the open space site. (i) No person shall park a vehicle adjacent to any curb painted yellow in any open space site. (j ) Vehicles illegally parked, disabled or abandoned may be towed away and impounded at the owner' s expense. Said vehicle may be sold if unclaimed after sixty (60) days to pay towing and storage charges. (k) No person shall drink, consume or have in his possession an open bottle or container of an alcoholic or intoxicating beverage in any motor vehicle when such vehicle is in an open space site or on a parkway. (1) Vehicles shall yield the right-of-way at all times to pedestrians. (m) No person shall participate in a drag race or test of unreasonable acceleration in any open space site or on any parkway. 905. 07 PENALTIES FOR VIOLATION. Regulations in this park: (a) Violating any of the provisions of this ordinance, shall be a misdemeanor. (b) Any person violating any of this article may be expelled, ejected or ousted at such time from an open space site at the discretion of a law enforcement officer. 905. 08 SEPARABILITY. The provisions of this ordinance shall be separable, and the invalidity of any section, paragraph, subparagraph, subdivision or other part thereof shall not make void, impair, invalidate or affect the remainder thereof. 905. 09 ADDITIONAL RULES AND REGULATIONS. The director may adopt additional rules and regulations not contrary to the provisions of this Code governing the use and enjoyment of parks, trails, playgrounds, lakes, ponds, streams and other publicly owned properties which shall be prominently posted or publicly announced in the places where they are intended to apply. Any person who violates a rule or regulation so posed may be excluded from the use of the park system and may in addition be prosecuted as for a misdemeanor. ITEM 10 - PARK DEDICATION ORDINANCE The park dedication ordinance is attached as well as a dedication park financial statement. The park dedication funds do not provide adequate funding for park improvements. oF Agenda Section: 10. REQUEST FOR COUNCIL CONSIDERATION g STAFF REPORT Report Number: 95-1232wS 111706 � AGENDA SESSION DATE February h, 1995 Report Date: 2-2-95 DISPOSITION Item Description: Discussion of Request for Conditional Use. Permit, Model Homes Administrator's Review/Recommendation: - No comments to supplement this rep, .tt � - Comments attached. Explanatinn/Snmmary (attach supplement sheets_as necesaar.) SUMMARY; Bill Liggett, owner of Colonial Village Manufactured Home Park, has made application for a Conditional Use permit to allow the display and sale of model homes within Colonial Village Park. Chapter 1110. 04 Subdivision 5 of the Mounds View Municipal Code allows model homes within a manufactured home park (R-5 zoning district) with the issuance of a Conditional Use Permit. Mr. Liggett's request, if approved, would allow the display and sale of up to seven (7) homes. The applicant's request is a result of his desire to upgrade the housing stock within the manufactured home park. As opportunities arise (lot vacancies) , the applicant would locate new homes on those vacancies and market them to the general public. All models would be fully set up including all appropriate utility connections being made. It is the applicants hope that this approach will lead to the overall improvement of the housing stock within Colonial Village. When reviewing the request, the Mounds View Planning Commission considered, among others, the following issues: 1) Impacts of granting the Conditional Use Permit on traffic and parking patterns within the Manufactured Home Park. 2) Is the requested number of model homes (7) appropriate in relation to the overall size of the Park? T f Paul Harrington, Community Development Coordinator RECOMMENDATION; STAFF REPORT PAGE TWO FEBRUARY 6, 1995 3) What assurances does the City have that the models will turn over on a regular basis? 4) Will "trade-ins" be removed from the Park or, will they be marketed on-site? Following discussion of these and other issues with the applicant, the Planning Commission was satisfied with the concept of model home sales in general. At their January 4, 1995 meeting, the ing Commission-adopted ResolutionNo--4-1-0-95 (copy_-ttachad) recommending approval of the Conditional Use Permit. Please note the conditions which were placed on the recommendation. At this time, Staff is forwarding this item to the Council for discussion. All materials received as part of the application have been included for your information and review. If you have any questions, please do not hesitate to give me a call. ;olonial Village Park _ 75 Rustad Lane o Mounds View, MN 55112 (612) 786-3498 December b. 1994 • • Mounds View City Council c/o Paul Harrington, Planner 2401. Highway 10 Mounds View, MN 55112 Subject: Colonial Village Park Conditional Use Permit Application _Dear Mr.—H.rrington, Enclosed is our planning application, site plan, and _marks_ A graph of the age of housing at our community will be delivered to you separately by Carol Mueller. Sincerely, William E. Liggett Colonial Village, Property Manager 14018 Mount Terrace Minnetonka, MN 55345 (612)938-1568 WEL:pc enclosures MOUNDSV.CV CITY OF MOUNDS VIEW '-,z c./9471 PLANNING APPLICATION APPLICANT: W f,/I f a m E . L I&G E77 Gen-«l Pa 4.,er Phone .7.3 -/.5-4, Ca GoN,AL Y/LA4E PARK , I.'r MN ceNteAG 134RTV9RStf - ADDRESS: /4O/ ' MT. TERRACE'. M/Aim ETo , M N SS3zAc Street Address, City, State, and Zip Code Interest in Property (check appropriate box): Q Owner of Property ❑ Contract for Deed Owner [�- • -Operator, ;= -p w,. Pap.e.-Ey Md.* Q Agreement to Purchase Q- Other (explain) coN•tR,,cr w _ DEie-D Pc., eM4SE, Documentary evidence of applicant's interest in the property may be required before final City action of this request PROPERTY INVOLVED: Address/Genera! Location Pow tcE ,4 a- zo7r R J 14.0 Ln� Mou,/DiL/1Ef- MA/. Sr�1z Legal Description or Property Identification Number oS 3 o-z 3 .54 - a a 2/ • -74Z OS-3o-z3 -moi -o o z --o•j Legal Owner: Name/Address vtLc. 4-4E Pao r / M iv a e,t,��,a` P 1%1ERSI•f1.4), 1cto1 g mT TES r m. ,>vN __ToNe , nit N 5-g3r/.S Present Use (check appropriate box): ❑ UndevelopedNacant • ❑ Single Family Dwelling ❑ Duplex/Two Family Dwelling • Q- Multi-Family (No. of Units /944 ) ❑ Business/Commercial Establishment ❑ Industrial Establishment ❑ Other (explain) Property Classification: Q' Abstract ❑ Torrens REQUEST: s< aims:a P[0? Si fa p!a« , ,,,,z., a...e< C *Please nate: Applicant may be responsible for additional fees associated with the review of this request I HERESY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. F , � /4474. Signature *Please note: Applicant may be responsible for additional fees associated with the review of this request I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. Signature Rezoning $200/acre,minimum $200,maximum 51,000 Park Fund Dedication Fee Variance R-1 to R-2-$75,all others$200 Date Paid Conditional Use Permit f R-1 to R-2•$75,ail others$200 Receipt Number Code Appeal S75 Develop./Site Plan Review $100/acre,minimum 100,maximum $500 Total Fees Paid Minor Subdivision $150 Oate Paid Major Subdivision $250 plus $250 deposit Receipt Number Comp. Plan Amendment S200 Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid Wetland Buffer Permit $10 Date Paid Planning Sign $50 Receipt Number PUD $350 olonial Village Park '5 Rustad Lane 0 Mounds View, MN 5511 Z (612) 786-3498 CONDITIONAL USE PERMIT APPLICATION REMARKS December 6, 1994 1 . The applicant requests permission to establish up to seven (7) model manufactured home sites (density not to exceed one (1) manufactured home per lot) within Colonial Village Park. 2. The reason for the request is so that the quality of housing stock within the community can be upgraded. Upgrade opportunities occur when there is resident turnover, or when others from outside the park wish to move into better housing at Colonial Village Park or when a current resident wishes to install a new home within the community. 3. The entire community benefits when new homes designed and built to current standards of U.S. Housing and Urban Development (HUD) replace homes built as early as 1969 before the federal standards were adopted (July 1976) . Colonial Village Park construction began in late '60's and continued in early '70's, so many of the homes remaining in the park now are about 25 years old. New homes would be fully set up on lots as they become vacant. Each 411 would be blocked and leveled to Mn Building Codes standards, connected to water, sewer, gas and electricity. Each would have foundation enclosures (skirting) installed. 5. The home would be marketed to remain on the site where they are already installed. 6. Having an attractive new home in the block often inspires others to acquire a new home of their own or at least fix up their older home. Beauty can be contagious. Another factor, hard to measure, is that a higher quality home will attract homeowners of higher quality. Thus the City of Mounds View benefits. 7. Trade-ins? Some of the current residents who purchase new homes would use their existing home as a down payment, thus creating a "trade-in" . The "trade-in" would be sold in place by the applicant if it is of high quality or could be made to be of a higher quality. If the trade-in is not of high quality then the trade-in would be removed from the community by the applicant, creating a vacancy onto which a new home could be installed. 8. The side plan indicates three lots available now for upgrading. This method of community improvement is being done successfully in Inver Grove Heights at the Emerald Hills Village community. All comments received about the venture have been complimentary. /� c5.. `1)A--g4Z7"-' William E. Liggett General Partner, Colonial Village Park PLANNAP1 .CV 1 / r • 8290 B L A I N E • NW)/ t 71- N O 62 `0 N N N N CO T6 n n" n n i n • N N N N N N� .z 8134N i 812-C'6' n . .44. n N 0 p n n n n n n ,.f ' N N N N N N N ............................................................................................... .............................................................................................. . T. ♦ n) n ro 57 n n n n ,.NC f •0%f n 1112— N N N N N N N N - 1 PARK 2n' ® •."-,.a.:. .731 NNNN ®;RENf1ELD A. N ry�dit 04 • cOR �.'8� ® NN2241 • 223 NoN 04 04VP z N 2233 • 0-94,g, ® Oc:, NNN 5691.r6 en 4fyak i.r � 0 O N In 09 Nin NNN N N N� tigi0.444 V-® i.M• > ii ••1' COLONIAL VILLAGEWH � :� MOBILE HOME PARK RN , i 2 c..1. 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V � , 0 . = le :\ \16 O .., • r) N C) atty 2 °w. CD • tt \ 6 c :�tt� 2 0 • &N1 Z ltty 2 a 1\t\tttt\t�ty\t0 7 • 2 7 „ 1 r w :aN 2 \\\\\•-•4 3 � a41 v Lrl 5 0 -No ,� R �" rn N% s-- (...D k 0-, _., . N M c o V U s I Z 0 4 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 410-95 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW DISPLAY AND SALE OF MODEL HOMES AT COLONIAL VILLAGE MANUFACTURED HOME PARK, PLANNING CASE NO. 391-94 WHEREAS, Colonial Village Manufactured Home Park has made application to allow the display and sale of model homes within the Park_; and WHEREAS, the applicant has submitted the following items as part of the application: 1 . Planning Application dated June 29, 1994 2 . Letter outlining proposal dated December 6, 1994 3 . Site Plan dated December 6, 1994 WHEREAS, Title 1100 of the Mounds View Municipal Code allows the display and sale of model homes within a manufactured home park with the issuance of a Conditional Use Permit; and WHEREAS, the Mounds View Planning Commission has reviewed the request against the criteria listed in Title 1100 governing issuance of Conditional Use Permits . NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends to the City Council approval of the requested conditional use permit for the display and sale of model homes at Colonial Village Manufactured Home Park, contingent upon the following: 1) A copy of this Conditional use permit shall be recorded with Ramsey County. 2) Number of units available for sale at any one time shall not exceed 6% of licensed lots . 3) Units offered for sale shall be installed in compliance with all applicable City and State regulations governing Manufactured Homes . 4) A current list of properties, updated monthly, upon which model homes are offered for sale shall be provided by the applicant and kept on file at City Hall . 5) Marketing of the model homes including walk-throughs and open houses shall be limited to the hours of 8 a.m. to 9 p.m. Monday through Friday; 8 a.m. to 6 p.m. • Resolution No. 410-95 Page Two Saturday and; 11 a.m. to 6 p.m. Sunday. 6) This Conditional Use Permit is subject to review after one year by the City. BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes . Adopted this 4th day of January, 1995 ATTEST: Chairman (SEAL) Community Development Coordinator ■ ■ ■ ■ THlS IS For the Week of January 30, 1995 - February 3, 1995 ADMINISTRATION Brager Update Don Brager, who experienced some shortness of breath and chest pain last weekend, was hospitalized for a stress test and is reportedly doing fine. I spoke with him on Wednesday and he stated that he did not "collapse" as his son first reported and that his friend's wife "over reacted" . He was in good spirit and very anxious to complete the tests and go home. Work Session/Legislative Representatives Senator Novak has a schedule conflict Monday night and will not be able to attend the Work Session. His office will try to reschedule his appointments so that he could meet with the Council on Wednesday, February 8, just prior to the discussions about the 5 Year Goal Plan. I will let you know Monday. Silver Lake Pointe Apartments The official ground breaking for the senior apartments is slated for next Wednesday, February 8 at 10: 30 a.m. at the site. Cathy has been working with the developers to receive media attention for the project. We are hoping to get the press release in all papers prior to the ceremony. An invitation has been included in your packet. We will post notice of the ceremony in case there is a quorum of Councilmembers able to attend. Please let me know if you are planning to attend. 1995 Five Year Goal Plan Because we had such a short time Saturday afternoon to give the last 5 goals adequate attention, Council and staff will meet next Wednesday, February 8 at 5: 30 p.m. , to continue the discussion regarding the 1995 Goal Plan. The meeting has been posted. Because the meeting will take place through the dinner hour, a meal will be provided. Tim and I have been working on updating the goals and the action steps which were discussed last Saturday. We will have a draft for you on Monday. If the 1995 Plan is finalized on Wednesday, it is possible to complete the Plan document in time for publication with the March newsletter. Mermaid Expansion Plans Last week, Cathy, Don, Paul, Bob Thistle and I met with Charlie and Dan Hall to discuss the next steps in their proposed hotel/conference center development. Bob has sent a list of financial consultants for Charlie to review. The goal of the meeting was to convey to. Charlie and Dan the City's excitement for this project and to outline the financial information that the City needs to prepare a request for TIF assistance - 1f-that is the direction Charlie wishes to explore. The Halls have made a brief presentation of their proposal to the EDC and are currently working to secure a hotel franchise. As soon as that part of the development equation is "firmed up" , Charlie will come to a Council Work Session to outline his proposed project and request consideration of economic development assistance. Request from MVAA Last Friday, Mary S. and I met with Ernie LaPore. As a representative of MVAA, Mr. LaPore was requesting that the City provide land in one of the area parks, preferably near a City building, upon which to construct a 24x24 ft. equipment building. MVAA has the money for the building and would pay all operational costs, but cannot fund land acquisition. The Parks and Recreation Commission will be reviewing this request at their next meeting and making a recommendation to the Council at the March Work Session. Highway 610 Timely event I have been appointed to the Highway 610 Coalition Board. This organization is comprised of representatives from all the cities along the 610 corridor. Over the past two years, I have maintained contact with the organization to monitor their progress, especially in terms of actions with the federal agencies. As a member of the Board, I will be able to better initiate and support actions/activities beneficial to Mounds View. Samantha MOUNDS VIEW TO BE FREE-NET PILOT CITY I met with the Free-Net users group (informally made up of about 10 cities in the metro area) today, Thursday, 2/2 to discuss • interest in pursuing this concept and to identify which cities are to be pilot cities for this project. (This is the project described in the last THIS IS IT! that Lyall Schwarzkopf is leading) . I expressed the City's STRONG interest in this topic based on the City's desire to make City government more accessible to the community, work cooperatively with other entities and to increase the City's communication vehicles. As a result, Mounds View was selected to be a pilot City, along with the cities of Plymouth and Maple Grove. The responsibility of each pilot city is to share learning experiences with other cites and to continue to input data into our system, such as new ordinances or resolutions. The cost would be minimal since the City already has a dedicated file server and access to modems. The City's costs would include staff time of this data entry and adding a dedicated telephone line which is about $35 per month. The three cities will be applying for grants from the State Board o-f Inn-ovat--on—and Cooperation—and the—Intergovernmental Information Systems Advisory Council (IISAC) to offset some of these expenses. More information will be forthcoming on this exciting opportunity very soon. POLICE DEPARTMENT ADDING MORE NETWORK USERS Lieutenant Brick has been added to the network and cable has been run to Pat Michna's work area, so when she gets her new furniture, we just have to set up her computer and connect it to the network. The third computer will be connected when the squad room furniture has arrived and is configured. CLUBHOUSE MANAGER To date, the City has received applications from 7 people interested in the Clubhouse Manager/Golf Pro position. Although this doesn't seem like a very good response, the advertisement has only been out for about a week. The advertisement was also placed in the Minnesota Section of the PGA magazine as well as the Minnesota Recreation and Parks Association magazine. These magazines will be circulated the first week in February. These publications go to all members, several of whom manage/operate golf courses all over the State. The deadline for submitting applications is 2/14 so there still is time to get a good response. PUBLIC EMPLOYEES INSURANCE PROGRAM (PEIP) PEIP has run insurance rates for the City with an underwriter to get an actual rate quotation. The new rates are higher than the original rate quote, but there still would be a significant savings. Samantha, Don, Kitty and I will meet again to discuss the next logical course of action, which may be to schedule a meeting with PEIP and all City staff. The plan is still to bring this item to the Council for discussion at the March Worksession. Tim C. Highway 10 Subcommittee: • Paul and I met with the Highway 10 subcommittee to develop a vision statement and action steps with regards to the redevelopment of Highway 10. The subcommittee presented a vision statement to the EDC for consideration. After much discussion the vision statement was revised and new action steps were discussed. This vision statement will be discussed at the work session. It was very important for the subcommittee to gain input from the council regarding the vision statement before they proceeded any further. Education\Business Linkages: • Jan Quick and I met last week to develop a pilot program that would match upcoming graduates of Irondale with local businesses for entry level positions. We want to instill the importance that these positions be growth oriented. The students we are targeting are those that are from middle income families. They do not qualify for State or County low income assistance but they can not afford to continue their education at this time. We have targeted a dozen companies in Mounds View and will be mailing a letter asking for their participation. I'll keep you posted. Attraction: • I met with Jan Stadola from Norwest Bank in Spring Lake Park. Periodically, she works with a customers who is looking to expand and was interested in Mounds View's market. She currently has two companies that are interested in industrial space. I will add Jan as a contact when marketing our sites. R & R: • I will be taking a quick trip to San Diego for a wedding this weekend and will be out of the office Thursday and Friday. I just talked to a friend who said the rain is over and it's high 70's and sunny!!!! National Economic Development Certification Course: • The week of Feb. 6-10 I will be taking the first course of the Economic Development Professional Certification, ED 101 Economic Development Finance, in St. Paul. This will be week long intensive course including an Overview of Economic Development Finance, Business Credit Analysis, Real Estate Finance and Economic Development Finance Programs such as revolving loan funds and loan packaging procedures. The course includes three hours minimum of homework each night with a final exam on Friday. I will be checking in the office every day but, for the most part, will be out of the office all week. Its back to being a college student for a week so wish me luck! Cathy PARKS, RECREATION AND FORESTRY PARKS * Rinks continue to be open this week although the warm temperatures are making the ice watery. The kids are still out on the ice having fun! * Steve and Jeff are working on the mechanics of re-keying all the park buildings. * Steve has looked the model numbers and types of some parks equipment to be put on our assets list kept by Kitty. * Jeff's oldest son had his appendix removed this week. Jeff Jr. is doing fine and "on the mend". * IMPACT OF YOUTH ON RINKS? Several youth of the community spend great amounts of discretionary time at the rinks. Eric Kavanaugh and Katie Stevenson have reported that there is a group of youth that bring their sack dinners to the rink and stay from 4:00 opening to 8:00 p.m. closing - every day!! On weekends they are there all day. Hillview Rink attendants have many youth that do the same. Rinks offer youth a supervised place that they can have fun, be with their friends, feel safe and will skate on occasion too! * Over 30 youths participated in skating races and relays at Hillview Park this weekend. It was a beautiful weekend for skating and the rinks were full. RECREATION: * The CDBG and ISTEA grants were completed and turned in to the appropriate agencies. * We are thankful to Kristine Zurbey who is spending three weeks with us in the office gaining experience. Kris is studying Therapeutic Recreation and is getting some necessary volunteer hours. We have put her to work with Winter evaluations, mailings, information packets and other tasks. She has been a great addition. * Spring program planning and class descriptions are being completed for the March/April Newsletter. * Evaluations are being received from adult softball participants regarding the '95' season league changes and ideas. FORESTRY: * Rick was out in front of City Hall mulching the garden areas - with whimsical thoughts of planting bushes since the ground warm and moist. Rick said that if the weather continues so warm he just may begin early planting. GOLF COURSE: * Mary and Kurt spent Monday morning reviewing prices for advertising in the City Newsletter. Marketing plans and signage also were discussed. League brochures, general brochure, Newsletter information and newspaper articles will be included in printed matter. The Golf Magazine should come out soon with "The Bridges" as a highlighted course on the front page. * Kurt has ordered and already obtained a sign for the entry off County Road J onto Coral Sea St. The sign will be put up ASAP. * We are negotiating with a company to purchase and install a lit sign along 35W somewhere between the second and third green/tee area along the fence line. * We are anxious to get the Manager/Instructor on board so that person will have input on the instruction program which will be quite extensive since the golf range facility will be able to handle large numbers. NEWS FLASH! ! ! The Arts Grant prepared and submitted by Sharie Linke has been chosen for award! This grant is for $775 for entertainment for Festival In The Park, Sr. Day in the Park and the Annual Spinal Muscular Atrophy fund raising family day at Silver View Park. This is a great opportunity to serve the community with musical entertainment at community-wide events. Congratulations to Sharie Linke on this successful grant endeavor. Mary S. POLICE * Last week, we assisted Ramsey Co. Drug Task Force with a search warrant on Woodlawn Dr.. Drugs, money and a number of loaded weapons (rifles & pistols) were seized. * Larry Si utrreiurned-frorn a three day-Juve-nlie Officer Conference held in Alexandria. * DARE NEWS We applied for a grant from MINN. DARE INC. and received $570.00. Officer Baumgart attended a Lion's dinner and made a presentation to them. The Chief had a meeting with school officials about getting DARE into the Jr. High. * A number of Reserve Officer Applicants were interviewed last week. Rick Schmidlin (Dick's son) was chosen to be one of our new reserves. * Roger K. and Mike K. are vacationing this week. Tim R. PUBLIC WORKS * Staff met with representatives from MnDot to discuss the possibility of jointly performing sediment excavation of the Pinewood Storm Pond. They will return in the spring after the frost has left to help us. Without this type of intergovernmental cooperation, this project would have been quite costly, and probably required a private contractor. We greatly appreciate this kind of relationship with MnDot and other municipalities. * Bill Hanggi, Larry, and Wally attended the annual Wastewater Collection Seminar held at the Thunderbird last week. Attendance at this seminar is a requirement for the retention of earned certifications. Larry and Wally tested for a upgrade in their certification while attending. • Tim Pittman is installing a automatic grease system on the Jet Truck as time permits. This system lubricates almost every grease point on the truck and mounted equipment every 13 minutes. The addition of this system reduces time spent on preventative maintenance, allowing more time for production, and assures proper lubrication of critical parts. Operators do not have to climb on equipment to grease areas, thus increasing our safety practices. * Larry and Wally are performing sanitary sewer manholes inspections. Data gathered from this task will provide staff with valuable information regarding rehabilitation needs. T-his-report witl atso Increase productivity-in-per-for ming televising operations. • Bill Hanggi and Bill Hanson have been receiving a crash course on Lotus and data input on the new laptop. The addition of this computer already has increased the efficiency in calculating chemical usage, testing results, Dept of Health reporting and records retention. Although what seems like endless hours have been spent revising the ordinal worksheet, the men are especially impressed with the results of their labors. It seems like we finally have the worksheet developed, and they find another application that the computer can be useful. * Staff has scheduled a preconstruction meeting with Thein Well Co. for Monday, February 6th, after which they will begin to pull well number 2. Staff had originally planned to start this project with well one, but the flow control / pressure reducing valve must be replaced. A new valve has been ordered and should be received in the near future. Staff is performing the task of replacing this valve in-house, to save time and expenses. Similar valves need to be replaced at the Booster Station, and Wells 5 & 6. These valves were installed during the ordinal construction of these plants and have merely worn out. Mike ComimmimmimmiCOMMUNITY DEVELOPMENT DYNEX DEVELOPMENT Staff met with Brian Sjoberg of Dynex this week to discuss their anticipated facility expansion at 4751 Mustang Drive. Within the past few months, Dynex had been in negotatior�s with Tys�-nomrucking regarding-a-ossible-{arrd-urcfiase-which would have allowed Dynex to complete both phases II and III of their original development plan (1990). However, an agreement could not be reached and Dynex will be moving forward with phase II only. Staff anticipates a formal application in late February, with review by the Planning Commission and City Council in March/April. AUTOMOBILE DEALERSHIPS Staff has completed a survey of Metro area communities regarding regulations of automobile dealerships. As you will recall, the City placed a moratorium on the establishment of automobile dealerships within the City so that the issue could be studied and more definitive regulations could be developed. Staff will be discussing this issue with the planning Commission at their February 15 work session and anticipates bringing a recommendation to the City Council in March or April. Paul H. TO: MAYOR AND CITY COUNCIL FROM: SAMANTHA ORDUNO, CITY ADMINISTRATO" DATE: JANUARY 31 , 1995 RE: INDEX FOR WEEK OF FEBRUARY 6, 1995 MEETINGS SCHEDULED FOR THE WEEK OF FEBRUARY 6, 1995 . Meeting with School District 621 , 5:30 p.m. . Council Work Session, Monday, February 6, 1995, 7:00 p.m. ITEMS PROVIDED IN THIS WEEK'S COUNCIL PACKET . This Is It! . Agenda . Approved Minutes, Regular Meeting, January 9, 1995 . Unapproved Minutes, Regular Meeting, January 23, 1995 ****************** ADMINISTRATOR'S SCHEDULE (Please note that this schedule is subject to change as meetings are scheduled, rescheduled or canceled. At any time Audrey, Michele, or Tim C. will have my most current schedule and a number where I can be reached at all times. ) Monday, February 6 5:30 p.m. School District 621/Council Meeting 7:00 p.m. Council Work Session Tuesday, February 7 9:00 a.m. Staff Meeting 11 :00 - 4:00 p.m. Employee Performance Evaluations MAYOR AND CITY COUNCIL PAGE TWO JANUARY 31 , 1995 Wednesday, February 8 10:00 a.m. Verification Meeting with Honeywell 10:30 a.m. Groundbreaking at Silver Lake Pointe Apartments 1 :00 p.m. LMC Board Meeting 5:30 p.m. Special Council Work Session Thursday, February 9 Friday, February 10 REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 1. 11117DS STAFF REPORT Report Number: 95-1242WS M/° Report Date: 2-2-95 AGENDA SESSION DATE February 6. 1995 DISPOSITION Item Description: Discussion of 1995 Legislative Session Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Due to the cancellation of the January Work Session, Mayor Linke requested that an invitation to attend the February Work Session be extended to Representative Pellow and Senator Novak. Senator Novak's office informed us that he has a conflict Monday and will not be able to attend. However, his secretary stated that he is very interested in meeting with the Council and asked if we could arrange another time. Since the Council will be meeting on Wednesday, February 8 to continue the discussions regarding the 1995 Goal Plan, the Senator's staff will try to arrange for the Senator to attend at that time. This is not confirmed as of this writing, but I will know by Monday night. Representative Pellow will attend the meeting Monday night. Perhaps one of the most pressing issues facing Mounds View and all Minnesota cities is the Governor's Budget proposal to reduce 1995 LGA and HACA payments. If approved, the City of Mounds View would lose $74 ,255 in current year payments. I have attached a copy of the most recent issue of Cities Bulletin which outlines the Governor's position and its impact to cities. The Governor's proposal for future allocation of state aid money through some form of county/city committee is also an issue which has significant impacts to the City of Mounds View. As one of the smaller cities in Ramsey County, it is not clear how we would or would not benefit from such an arrangement. Also, an issue for discussion at Monday night's meeting is the Metropolitan Area Fair Tax Base Act, introduced in the House by Representative Myron Orfield and in the Senate by Senator Steve Novak. This issue is among the 1995 Action Steps discussed at the S egic Planning Session on January 28th. S.mantha • duno, City A. inistrator RECOMMENIDATION: CM OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 11. lirSTAFF REPORT Report Number: 95-1233WS AGENDA SESSION DATE Fahruary 6. 1995 Report Date: 2 2 _95 DISPOSITION Item Description: Consideration of Ordinance No. 533 Entitled, "Cigarette and Tobacco Products" Administrator's Review/Recommendation: - No comments to supplement this report ��1���:) 1-1',' L- ..._ - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; ' Last October, I brought to your attention information on tobacco ordinances that were being enacted in Ramsey County. You instructed me to reseach and write a tobacco ordinance for your review. Councilmember Trude volunteered to assist me in the formulation of this ordinance. I will be at the Feburary work session for your discussion of Ordinance #552 . .~•.J --- Tim Ra • • e , Police Chief RECOMMENDATION: REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 2. irivs 95-1227WS STAFF REPORT Report Number:• Report Date: 2-2-95 AGENDA SESSION DATE Fahriiary 6, 1995 DISPOSITION Item Description: Discussion Regarding Manufactured Home Park Issues Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; This item was requested in response to residents' requests to address the Council on issues relating to area manufactured home parks, most notably manufactured home park closings. Representatives from at least one manufactured home park will be in attendance at Monday night's meeting to discuss their concerns. The attached ordinance from the City of Bloomington was given to Councilmember Trude by one of the home park residents with the request that it be shared .w4-th the Council. Samanl7ha Ordun , City Administ tor i RECOMMENDATION; Ansi` 1 or€ev . , BLOOMINGTON APAC (City of Bloomington) : APAC stated that it would protect the Park Closing Ordinance first passed in this city in 1989 from any challenges and attempts at weakening it. In the Fall of 1992, it became apparent that Wal-Mart Stores, Inc. was attempting to purchase the property to convert it to a retail store. Residents once again packed Planning Commission hearings and City Council Meetings to advocate that no approval of this project be given without clear assurances by Wal-Mart officials and the park owner that all provisions of the ordinance would be complied with. Residents gained those assurances after many public and private meetings. Additionally, APAC leaders called for an interpretation of the ordinance by Bloomington city attorneys to clear up some issues related to moving expenses, home compensation, and personal property moving expenses. The city attorneys returned a favorable interpretation and residents utilized this in sit down negotiations with the park owner's attorneys. Several park meetings were then held in late Spring of 1993 to allow residents of Collins to :understand the park closure process. It was agreed that residents would receive reasonable relocation funds for all costs incurred during the relocation process. An official park closure notice was delivered to Collins Park households on May 21st, 1993. The residents had until February 21st, 1994 to vacate the premises. Most residents moved out between the 3rd and the 6th month of the notice period. Each single wide home received an average of $2369.44 (51 homes) and each double wide home received an average of $3425.38 $3425.38 (39 homes), although some double wides cost as much as $5350! In addition, the ordinance required that each household be compensated for personal property moving expenses (furniture, fragile property, motel expenses) . Resident leaders negotiated an amount of $900 per household. A process was also created for determining which homes could not be relocated, due to age, condition, or lack of available space. Residents in these homes will be compensated for the loss of their homes based on their tax assessed values. Eleven homeowners opted to sell their homes to private buyers and therefore received only the $900 personal property moving expense money. If no Park Closing Ordinance had ever been passed and no efforts to preserve the relocation and compensation amounts had been made, the residents of Collins would have been devastated economically. Based on the final figures for implementing the park closing, Collins residents would have incurred at least $335,431.26 to remove their homes, decks, sheds, and personal property in nine months. • MOBILE HOME MOVING PRICE GUIDELINE DOUBLE WIDE HOMES Tear-down: $450-$500 Transport under 16' width: $150 (each half) first 10 miles, $2.00 per additional mile. Transport 16' width: $200 (each half) first 10 miles, $2.50 per additional mile. This--move—must be-done-at-night, anti-req-uires-two escorts-(per-half-)-at appr. $60 each. Setup: $1200 (includes block and level, water, sewer, interior trim, carpeting.) Electrician: $250-$300 Gas Hookup: $75-$125 City Permit: $40.50 Vinyl Siding: $125 per end • Anchors: $25 per anchor Skirting: Labor $150 Wood and screws $50 Metal skirting $31 per 14' sheet Corners $2.00 each Vents $3.00 each SINGLE WIDE HOMES Tear down 14' & 16': $200 Setup 14' & 16': $550 Other costs same as for double wides. • 5. NOTE: The above prices provided by: S-tct ew-t.de Home Supply & Service, Inc. 14615 Radisson Rd. N.E. Anoka, MN 55304-6331 (612)434-7081 FAX(612)434-3267 These prices in effect as of April 1, 1993 and should be used as guidelines, only. Certain costs will vary according to location. MOVING EXPENSES 1993 Moving the House Tear-down: $500 . 00 Transport : 308 . 00 Setup : 1 , 200 . 00 Electrician: 300 . 00 Gas Hookup : 125. 00 City Permit : 40 . 50 Vinyl Siding: 250 . 00 Anchors: 2-50 . 00 - - Skirting : Labor 150 . 00 Wood and screws 50 . 00 Metal skirting 310 . 00 Corners 8 . 00 Vents 24 . 00 Total House Move: $3 , 515 . 50 Related Expense Furniture Movers 500 . 00 Lodging ( 3 nights ) 195 . 00 Total Related : $695 . 00 Total Moving Cost : $4 , 210 . 50 \-\\5‘,\\._VA V\S..7n-c\ik _\,3•W aL) \)3 • 1 GENERAL SOM ARY Projected relocation expenses based on average relocation costs paid out during the closure of Collins Park (As reported by the City of Bloomington, 2/22/94) : Single wide home 51 homes x $2369.44 = $120,841.44 Double wide home 39 homes x $3425.38 = $133,589.82 TOTAL $254,431.26 Personal Property 90 homes x $900 = $ 81,000 moving expenses TOTAL $335,431.26 RELOCATION EXPENSE EXAMPLES Household Single wide Double wide Janson $2300 Thrond $2600 • Berres $4125 Heath $3475 Olschlager $5350 Olsen $3375 Walters $3450 • ORDINANCE NO. 89 - 57 AN ORDINANCE PROVIDING NOTICE AND. PUBLIC HEARING, PRIOR TO CLOSURE OF MANUFACTURED HOME PARKS, REQUIRING PARK OWNERS TO PAY REASONABLE RELOCATION COSTS TO DISPLACED RESIDENTS AND REQUIRING BUYERS TO PAY ADDITIONAL COMPENSATION TO DISPLACED RESIDENTS The City Council of the City of Bloomington hereby ordains: Section 1. That Section 15 of the City Code is hereby amended to read as follows: CHAPTER 15 BUILDINGS AND STRUCTURES ARTICLE IV. MANUFACTURED HOME PARK CLOSINGS SEC. 15.69. PURPOSE. In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced residents of such parks. The purpose of this Article is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation, pursuant to the authority granted under Minnesota Statutes, Section 327C.095. SEC. 15. 70. DEFINITIONS. The following words and terms when used in this Article shall have the following meanings unless the context clearly indicates otherwise: Closure statement - a statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a 25 mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. Displaced resident - a resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident 's household, as ,f the date the park owner submits a closure statement to the City's Planning Commission. Lot - an area within a manufactured home park, designed or used for the accommodation of a manufactured home. Manufactured home - a structure, not affixed to or part of real estate, transportable in one more sections, which in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is '4 320 or more square feet, and which isibuilt on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in it. Manufactured home park – any site, lot, field or tract of land upon which two or more occupied manufactured homes are lodiited, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park. This definition does not include facilities which are open only during three or fewer seasons of the year.. Park owner – the owner of a manufactured home park and any person acting on behalf of the owner 1n the operation or management of nlmrk_ Person – any individual, corporation, firm, partnership, incorporated and unincorporated association or any other legal ossnmme_rcial_enti-t-y-. SEC. 15. 71. NOTICE OF CLOSING. If a manufactured home park is to be closed, converted in whole or part to another use or terminated as a use of the property, the park owner shall, at least nine months prior to the closure, conversion to another use or termination - of use, provide a copy of a closure statement to a resident of each manufactured home and to the City's Planning Commission. SEC. 15. 72. NOTICE OF PUBLIC HEARING. The Planning Commission shall submit the closure statement to the City Council and request the City Council to schedule a public hearing. The City shall mail a notice at least ten days prior to the public hearing to a resi.dent of each manufactured home in the _park st.atIngthe time, place and purpose of the hearing. The park owner shall provide t•he City with a list of the names and addresses of at least one resident of each manufactured home in the park at__ the time the closure statement is submitted to the Planning Commission. SEC. 15. 73. PUBLIC HEARING. A public hearing shall be held before the City Council for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on the displaced residents and the park owner. SEC. 15_74_ PAYMENT OF RELOCATION COSTS. After service of the closure statement by the park owner and upon submittal by the displaced resident of a contract or other veri.f icaton of relocation expenses, the park owner shall .pay to the displaced _resident__thr reasonable cost of relocating the manufactured home to another manufactured hnmw park located within a 25 mile radius of the park that is being closed, converted to another use or ceasing operation. Reasonable relocations costs shall include._ ----- —� — • (A) The actual expenses incurred in movinz the displaced. resident manufactured home and personal property, including_ the reasonable cost of dissembling, moving and reassembling anty attached appurtenances, such as porches, decks, skirting and awnings, which were not acquired after notice of closure or conversion of the park, and utility "hook–up" charges. (B) The cost of insurance for the replacement value of the property being moved. (C) The cost of repairs or modifications that are required in order to move the manufactured home. SEC. 15.75. PAYMENT OF ADDITIONAL COMPENSATION. (A) If a resident cannot relocate the manufactured home within a 25 mile radius of the park that is being closed or some other agreed upon distance, the resident is entitled to additional compensation to be paid by the purchaser of the park, in order to mitigate the adverse financial impact of the park closing. If the re i-demt—te de—s he—tixle to the manufactured ho-me, the additional compensation shall be in an amount equal to the estimated market value of the manufactured home as determined by the City Assessor and as reported on the resident's most recent property tax statement. The purchaser shall pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the home. Such compensation shall be paid to the displaced residents no later than thirty (30) days prior to the closing of the park or its conversion to another use./ / (B) If a resident cannot relocate the manufactured home within a 25 mile radius of the park which is being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park. (C) The total compensation to be paid to displaced residents by the park owner and purchaser of the park shall not exceed twenty percent of the purchase price of the park. SEC. 15. 76. VERIFICATION OF COSTS. The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner for approval as a condition to the park owner's liability to pay relocation expenses. If the park owner refuses to pay the contract or other verified costs estimate, the park owner shall arrange for relocating the manufactured home and pay the relocation costs identified in Section 15. 74 of this Article. SEC. 15. 77. PENALTY. (a) Violation of any provision of this Article shall be a misdemeanor. (b) Any provisions of this Article may be enforced by injunction or other appropriate civil remedy. (c) The City shall not approve an application for a building permit, rezoning, platting, conditional use permit or variance in conjuncion with reuse of manufc_tured home park property_unless .the_park owner.has paid reasonable relocation costs and the purchaser of the park has provided additional compensation in accordance with the requirements of the Article. SEC. 15.78. EFFECTIVE DATE. This ordinance shall be effective thirty (30) days after publication. Passed and adopted this 30th day of October 1989. ATTEST: ayo Secretary to the Council APPROVED:�` Q /L ecL AL/L City Attorney 4- T ORDINANCE NO. 89 - 57 AN ORDINANCE PROVIDING NOTICE AND PUBLIC HEARING, PRIOR TO CLOSURE OF MANUFACTURED HOME PARKS, REQUIRING PARK OWNERS TO PAY REASONABLE RELOCATION COSTS TO DISPLACED RESIDENTS AND REQUIRING BUYERS TO PAY ADDITIONAL COMPENSATION TO DISPLACED RESIDENTS The City Council of the City of Bloomington hereby ordains: Section 1___That_Sec-tion 15--of—the City-Go-de—Ls-hereby amended to read as follows: CHAPTER 15 BUILDINGS AND STRUCTURES ARTICLE IV. MANUFACTURED HOME PARK CLOSINGS SEC. 15. 69. PURPOSE. In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced residents of such parks. The purpose of this Article is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation, pursuant to the authority granted under Minnesota Statutes, Section 327C.095. SEC. 15. 70. DEFINITIONS. The following words and terms when used in this Article shall have the following meanings unless the context clearly indicates otherwise: Closure statement - a statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a 25 mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. Displaced resident - a resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident 's household, as • f the date the park owner submits a closure statement to the City's Plannin Commission. Lot - an area within a manufactured home park, designed or used for the accommodation of a manufactured home. Manufactured home - a structure, not affixed to or part of real estate, transportable in one more sections, which in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is/built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in it. Manufactured home park - any site, lot, field or tract of land upon which two or more occupied manufactured homes are iodated, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park. This definition does riot include facilities which are open only during three or fewer seasons of the year. Park owner - the owner of a manufactured home park and au person acting on behalf _of -t Iteowner In the operation or management of n j,nrk. Person - any individual, corporation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity. SEC. 1. NOTTCE OF CLUSZNC. If a manufactured home park is to be closed, converted in whole or part to another use or terminated as a use of the property, the park owner shall, at least nine months prior to the closure, conversion to another use or termination of use, provide a copy of a closure statement to a resident of each manufactured home and to the City's Plannin. Commission. SEC. 15. 72. NOTICE OF PUBLIC HEARING. The Planning Commission shall submit the closure statement to the City Council and request the City Council to schedule a public hearing. The City shall mail a notice at least ten days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing_— The park owner shall provide the City with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the Planning Commission. SEC. 15. 73. PUBLIC HEARING. A public hearing shall be held before the City Council for the purpose of reviewing the closure ,statement and evaluatiu what impact the park closing may have on the displaced residents and the park owner. SEC. 15. 74. PAYMENT OF RELOCATION COSTS. After service of the closure statement by the park owner and upon submittal by the displaced resident of a contract or other verificaton of relocation expenses, the park owner shall pay to the displaced resident the reasonable cost of relocating the manufactured home to another manufactured home park located within a 25 mile radius of the park that is being closed, converted to another use or ceasing operation. Reasonable relocations costs shall include. -�-- -- (A) The actual expenses incurred in movingthe displaced resident 's manufactured home and personal property, including the reasonable cost of dissembling, moving and reassembling any attached appurtenances, such as porches , decks, skir.tinn and awnings, which were not acquired after notice of closure or conversion of the park, and utility "hook-up" charges. (B) The cost of insurance for the replacement value of the property being moved. (C) The cost of repairs or modifications that are required in order to move the manufactured home. SEC. 15.75. PAYMENT OF ADDITIONAL COMPENSATION. (A) If a resident cannot relocate the manufactured home within a 25 mile radius of the park that is being closed or some other agreed upon distance, the resident is entitled to additional compensation to be paid by the purchaser of the park, in order to mitigate the adverse financial impact of the park closing. If the resident tenders the title to the manufactured home, the additional compensation shall hP in an_amau equal-to-the estdmat-ed market value of the manufactured home as determined by the City Assessor and as reported on the resident's most recent property tax statement. The purchaser shall pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the home. Such compensation shall be paid to the displaced residents no later than thirty (30) days prior to the closing of the park or its conversion to another use./ / (B) If a resident cannot relocate the manufactured home within a 25 mile radius of the park which is being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park. (C) The total compensation to be paid to displaced residents by the park owner and purchaser of the park shall not exceed twenty percent of the purchase price of the park. SEC. 15. 76. VERIFICATION OF COSTS. The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner for approval as a condition to the park owner's liability to pay relocation expenses. If the park owner refuses to pay the contract or other verified costs estimate, the park owner shall arrange for relocating the manufactured home and pay the relocation costs identified in Section 15. 74 of this Article. SEC. 15. 77. PENALTY. (a) Violation of any provision of this Article shall be a misdemeanor. (b) Any provisions of this Article may be enforced by injunction or other appropriate civil remedy. (c) The City shall not approve an application for a building permit, rezoning, platting, conditional use permit or variance in conjuncion with reuse of manufc,_tured home park property unless th park owner has paid reasonable relocation costs and the purchaser of the park has provided additional compensation in accordance with the requirements of the Article. . SEC. 15.78. EFFECTIVE DATE. • This ordinance shall be effective thirty (30) days after publication. Passed and adopted this 30th day of October 1989. j�ayo ATTEST: Secretary to theCou-ncil - APPROVED:� /� L�. , /lp'v',,,(,a ; City Attorney 5. REQUEST FOR COUNCIL CONSIDERATION Agenda Section: Report Number: 95-1240WS STAFF REPORT O ff2-2-95 AGENDA SESSION DATE February 6, 1995 Report Date: DISPOSITION Item Description: Update of Energy/Cost Analysis Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) UMIVIARY; Last year, the City approved a Resolution of Intent to work cooperatively with Honeywell to perform a comprehensive energy cost savings analysis. Honeywell began to research the City's expenses immediately after the Resolution of intent was approved. Although the results are not final, I felt it would be worthwhile to provide an update to the process. Erik Froehlich will be in attendance at the meeting Monday night to provide the Council with a status report and to answer questions. pito Samantha Orduno, City Administrator RECOMMENDATION: t MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY REQUEST FOR EDA CONSIDERATION STAFF REPORT EDA MEETING DATE February 6. 1995 EDA Action: ❑ Special Order of Business Agenda Section: 6. • Public Hearings Report Number: 95-1228WS Consent Agenda Report Date: 2-2-95 • CDA Business - Item Description: Discussion of Small Business Loan Program ' --Executive Director's—Review/Recorrtnrenztarctitr: 4-- No comments to supplement this report --(i2:41-4;4---- - Contntents attached Explanation/Summary (attach supplement sheets as necessary) SUMMARY: The 1994 Goal #11, Create and Implement an Economic Development Program, included an action step to develop incentives for business development. In response, the Economic Development Commission(EDC)researched current incentive programs available to local businesses and evaluated loan programs implemented in other metro cities. In addition, the North Metro Business Retention and Development Survey data was reviewed to see if there was a need for financing locally. As a result, the EDC has drafted a small business development program that would visibly benefit the enhancement of Mounds View's small businesses and would also send a message to the businesses that their success is important to the overall prosperity of the City. The attached is a draft of the program which outlines the goals, the eligibility requirements, qualifying improvements and the terms of the loan. The basic premise of the program is to provided a low interest loan to existing Mounds View businesses for interior and exterior improvement. There are several older buildings in Mounds View whereby modernization to both their exterior and interior could enhance both their business and the image of Mounds View. Mark Malone, EDC member and manager of Western Bank, will be at the work session to present the program to the EDA for consideration and answer any questions regarding the program. / V Cathy Bennett,o omic Development Coordinator • RECOMMENDATION: City of Mounds View Business Loan Program Draft 1 \26\95 Goals of Program: Q To provide a matching business loan with a participating bank for exterior and interior improvements. Q To provide a loan program that is more attractive and marketable than a conventional ba-nkloan. El To provide a program geared to assist existing businesses thrive and prosper in the City of Mounds View. El To provide a program to improve the aesthetics of the commercial, industrial and retail sectors of the community. Eligibility Requirements: Q Exiting Mounds View Business - 2 Years Minimum Q l Qualified small business El Qualified Credit History Regular full loan request package required and will need to meet participating underwriting guidelines. El Loan must be used to improve the interior or exterior of existing facility. El Interior and exterior improvements must conform to current zoning and City building codes and ordinances. El Owner or officer of business must be the loan applicant. Qualified Improvements: Q Repair storefront entrances, windows, doors, decorative applications, etc. Q Upgrade interior design and configuration to enhance business. El Paint, clean or stain interior and exterior of building. El Upgrade or replace existing business sign. El New or upgraded landscaping to improve aesthetics of facility. El Parking lot reconfiguration or repair. Q Required stormwater discharge improvements. Q Upgrade facility to comply with American with Disabilities Act. Note: The improvements themselves may or may not qualify as collateral for the loan. Term of Loans: Q Flexible terms dependent upon use of loan funds. Term not to exceed 10 years. Q Loan is non-assumable Q Maximum loan $25,000 - $50,000 (lower amount of loan adds diversity to the program - can issue more loans therefore spreading out credit risk.) Q Minimum loan $10,000 (need to have a loan enough to make worthwhile to cover administrative costs) Interest Rate: El City participates at 50% of the total loan a below market rate How to Apply: Q Call the City of Mounds View, Economic Development Coordinator for application at 784-3055. All applications must be approved by participating bank and City of Mounds View's Economic Development Authority and will require review of financial statements. MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY REQUEST FOR EDA CONSIDERATION STAFF REPORT EDA MEETING DATE February 6, 1995 EDA Action: ❑ Special Order of Business Agenda Section: 7 ❑ Public Hearings Report Number: 95-1228WS Ei Consent Agenda Report Date: 1--2-95 ❑ EDA Business Item Description: Discussion of Highway 10 Vision Statement -Executive-Directo-mss I2eview/Reeammendatiazrif— — - - No comments tosupplement this repot./ ( y�rt% I, - - Comments attached Explanation/Suniniary (attach supplement sheets as necessary) SUMMARY: In response to the Focus 2000 recommendation to improve the aesthetics and accessibility of Highway 10, a subcommittee was established out of the Economic Development Commission to develop a long term plan for the highly visible corridor. The subcommittee currently consists of three members of the EDC. Although not designated at this time, a representative of the Planning Commission and the Park and Recreation Commission will also participate in the planning of the corridor. As a first step in the process, the subcommittee drafted a vision statement for Highway 10. This vision statement was presented to the full EDC on January 26, 1995 and with minor revisions the approved vision statement is attached. There are several key elements of the vision statement. (planned corridor, convenient access, provides needed services and aesthetically pleasing) Both the EDC and the subcommittee feel it is imperative to have EDA feedback and/or buy in to the vision statement for the development of Highway 10. EDC member Mark Malone, will be at the work session to present the vision statement to the EDA for consideration and answer any questions regarding the direction of the subcommittee. / yr', Cathy Bennett!c• omic Developmen Coordinator • RECOMMENDATION: HIGHWAY 1 0 VISION STATEMENT Highway 10 in Mounds View is a cohesive planned corridor that provides convenient access for commercial\industrial opportunities and goods, services and hospitality amenities. Highway 10 corridor incorporates a City Center that promotes essential services for its residents and a hub for commuters. Highway 10 is aesthetically pleasing with attractive landscaping, signage, streetscapes - - - and-storefronts. Highway 10 is the local and regional link to the greater Metro Area. WY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section:12. 111103 STAFF REPORT Report Number:95-123/IWS O W AGENDA SESSION DATE February 6, 1995 Report Date: 2-2-95 DISPOSITION Item Description: Consideration of Purchase of a Squad Car Administrator's Review/Recommendation: - No comments to supplement this report L/4k - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Thane Hawkins Polar Chevrolet was awarded the 1995 State Patrol contract for squad cars. The City of Mounds View can purchase from this bid. A 1995 Chev Caprice with selected options will cost $16,852 . 00. This is approximately $3 , 000. 00 more than we paid for similar vehicle last year. The pricing for police vehicles in the last five years has been very reasonable. This year, the car manufacturers increased the price considerably. As you know, we budget for one and one half vehicles per year. This year we are scheduled to purchase one vehicle. OF / j Tim Ram, e , Police Chief RECOMMENDATION: Request authorization from the City Council to purchase one 1995 Chevrolet from Thane Hawkins Polar Chevrolet in the amount of $16, 852 . 00. CMfOIF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 8. IrlfrSTAFF REPORT Report Number: 95-1230WS AGENDA SESSION DATE February 6, 1995 Report Date: 2-6-95 DISPOSITION Item Description: Discussion of Adult U -s Ordinance Administrator's Review/Recommendation: - No comments to supplement this report • ', - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; At the December 5, 1994 City Council Work Session, the Council directed Staff to work with the City Attorney on incorporating the appropriate language into the Municipal Code to address Adult Uses. At present, the language for the Adult Uses Ordinance has been completed. Within the past month, Staff has been working with the Attorney on establishing zoning districts within which Adult Uses, as defined by the Ordinance, will be allowed to operate. A map indicating the most appropriate sites has been prepared and will be brought to the Council meeting for discussion (the size of the map precludes Staff from including it in the Packet) . The City Attorney will be present Monday evening to discuss the implications of zoning property for Adult Uses. If you have any questions, please feel free to give me a call. Paul Harrington, Community Development Coordinator RECOMMENDATION; eavO 9. REQUEST FOR COUNCIL CONSIDERATION Agenda Section: STAFF REPORT Report Number: 95-1231WS AGENDA SESSION DATE February 6, 1995 Report Date: 2-2-95 DISPOSITION Item Description: Discussion of Development Request 95-99, SHerwood Estates Administrator's Review/Recommendation: - No comments to supplement this report A—,,,A—,ao - Comments attached. Explanation/ unnmary_Cat chsvpple : •• s_a- a•cessary.) SUMMARY; Attached for your review is a draft of Development Agreement 95-99 for the Sherwood Estates development project. The language in this draft has been reviewed by the City Attorney and found to be appropriate for the scope of the project. For your information: * Paragraph 1, Exhibit 1 - A copy of the Plat will be made part of the D.A. file (the size of the Plat precludes Staff from including it as an attachment) . * Paragraph 1, Exhibit 2 - Same as above. * Paragraph 1, Exhibit 3 - The amount of the Performance Bond will be determined by our Engineers' estimate of the total project cost (public improvements) . The Bond will be 125% of that estimated amount. * Paragraph 1, Exhibit 4 - The additional stipulation is a restatement of the requirement contained in the City Council Resolution which originally approved the project. * Paragraph 14 - The Performance Bond referenced here is the same as that referenced in Paragraph 1 as Exhibit 3 . Again, the Bond will be 125% of the estimated construction costs of the public improvements. The City Attorney will be present Monday evening to answer any questions the Council may have regarding the D.A. Paul Harrington, Community Develoment Coordinator J{ECOMMENDATION; CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA DEVELOPMENT AGREEMENT NO. 95-99 SHERWOOD ESTATES THIS AGREEMENT made and entered into this day of , 1995, by and between the CITY OF MOUNDS VIEW, County of Ramsey, State of Minnesota, party of the first part, hereinafter called the "City" , and CITYWIDE DEVELOPERS party of the second part, hereinafter called the "Developer" , WITNESSET H: WHEREAS, the Developer, in consideration of a major subdivision representing Lots 1 through 4 of Block 1, Lots 1 through 14 of Block 2 and one (1) Outlot designated as Outlot A and the issuance of permits thereof, hereby agrees with the City to perform all of the acts required herein and to conform to all of the conditions set forth as follows : 1 . Wherever the word "City" appears herein, it shall mean and include the City of Mounds View and also said City' s agents and employees; and wherever the word "Developer" appears herein, it shall mean the developer, and any of its agents and employees . Wherever the words "development site" appear herein, it shall mean the premises described in the following exhibits : Exhibit 1 (legal description) See attached copy of the recorded Plat of Sherwood 1 Estates describing the above-mentioned Lots 1 through 4 of Block 1, Lots 1 through 14 of Block 2 and Outlot A of Sherwood Estates . Exhibit 2 Site, Grading, Drainage and Utility Plans dated Exhibit 3 2-year performance bond in the amount of as required by Chapter 1302 of the Municipal Code . Exhibit 4 Additional stipulations Wherever the words "public improvement" appear herein, it shall mean any improvement defined under Chapter 202 . 05, Subd. 1, of the Municipal Code, and shall include and not be limited to streets, curbs and gutters, sanitary sewer and water installations, storm water and drainage installations . 2 . This document shall be referred to as the "Development Contract" , and said document cannot be transferred or assigned by the Developer except and with the written permis- sion of the City, granted pursuant to a resolution of the City Council . 3 . All improvements required herein to be performed by the Developer shall be constructed and paid for by said Developer pursuant to appropriate permits and approval from any governmental agency, such approval and any environmental assess- ments or environmental impact statements required to be obtained by and prepared at the expense of said Deyeloper. 2 4 . All public improvements required to be constructed by the Developer pursuant to this Agreement shall be performed by the Developer with such materials and equipment as required by the City under the direct supervision of the City and shall be in conformance with any and all regulations in force at the time of construction, and the City is hereby granted the right of access to the development site to inspect said construction at such times as the City may direct . Further, the Developer agrees to hold the City harmless for any liability resulting from said construction. 5 . The Developer shall, and hereby does, agree to pay when due and before they become delinquent, all valid taxes and assessments, if any, that may be levied against said development site or portion thereof . 6 . The City shall not be under any obligation or responsibility to act as engineer-consultant to the Developer in any matter related to this Agreement or to any public improve- ments required on said site by the City, or to act as inspector and report to said Developer any defect or failure, hazard or inadequacy or otherwise relative to said site development; any actual or implied approval by the City in respect to any develop- ment shall not serve either to alter or extinguish or to other- wise affect the responsibility, obligation or liability of the Developer under this agreement . 7 . The Developer shall not unnecessarily damage or obstruct or cause any interference with drainage ways or drainage 3 works located within or adjacent to said development site, or permit its contractor or other agents to do so. 8 . The Developer shall not alter any of the public improvements located on said site except if and as elsewhere herein provided or as particularly in each instance authorized in writing by the City. 9 . The Developer must obtain pre-construction and post-construction approval of the City inspection Department for the surface drainage systems to be constructed on the site . No occupancy permits will be issued until said approvals are ob- tained. 10 . The drainage easements as heretofore required by the City are set forth on the plat and are granted to the City by the Developer without cost to the City, as required. 11 . The Developer agrees to conform to all of the applicable requirements of the Mounds View Municipal Code, as amended from time to time, and particularly Chapter 202 and Titles 900, 1000, 1100, 1200 and 1300 . 12 . Pursuant to Mounds View Municipal Code, Developer agrees to pay those expenses that the City may reasonably incur in the future in processing, reviewing and evaluating the Applications and in inspecting work performed pursuant to this contract . Such expenses shall include, but not be limited to, those reasonable administrative, legal, and engineering expenses which may be incurred under this Contract and such other expenses authorized by said Municipal Code . 4 13 . Developer agrees that the City can terminate development of the development site or the construction of any building structures thereon if in the City Council' s opinion the terms of this Development Contract have not been conformed to by the Developer and sais Developer herein agrees to cease construc- tion. In addition, in the event the Developer fails to conform to the conditions of this Agreement, the City shall be entitled to enforce it pursuant to the terms of this contract and/or the provisions of the Mounds View Home Rule Charter or applicable Minnesota Statutes . The Developer herein agrees that in the event the City is compelled to enforce any of the provisions of this contract by court action and judgement is rendered in favor of the City, that all costs, disbursements and reasonable attorney' s fees will be paid by said Developer, its heirs, successors and assigns . 14 . The Developer agrees to furnish to the City at the time of the execution of this Contract a cash bond, a corporate surety bond, an irrevocable letter of credit or any other nego- tiable instrument approved by the City Attorney (the "Performance Bond" ) in the amount of $ , as required by this para- graph. The Performance Bond shall name the City as the obligee and must guarantee the Developer' s performance of the terms and conditions of this Contract, in conformance with the Contract and in compliance with the rules, regulations, statutes and ordinanc- es of the City. The Performance Bond shall also be conditioned on the Developer' s Agreement to hold the City harmless from all 5 costs and damages that may occur on account of doing of the work specified and to indemnify the City for its costs in enforcing the terms of the Contract and Bond, including reasonable attorne- y' s fees . The Developer agrees to keep the Performance Bond in full force and effect during the term of the obligation created herein. 15 . It is understood and hereby agreed by and between the parties hereto that any plans or data supplied by the City within or adjacent to said development site are approximations only and that the City explicitly does not pretend or guarantee or warrant any such plans or data to be either complete or correct . 16 . The Developer shall not unnecessarily create, cause or suffer to exist or to continue to exist, any nuisance or hazard to persons or property within or adjacent to said site by reason of said public improvements, development of the site or other operations in respect thereof or permit its agents, engineers or contractors to do so. 17 . When applicable, three complete sets of plans and specifications or directions for any public improvement to be constructed on said site, each bearing the certificate and seal of a professional engineer duly registered in the State of Minnesota, shall be submitted to the City well in advance of the time proposed for commencing construction thereof . The City shall have a period of not less than thirty (30) days in which to examine and review the plans and specifications submitted by the 6 Developer and to reply to the Developer with respect to the adequacy or inadequacy of the plans and specifications . Upon final approval of the plans and specifications and within a reasonable time following completion of the installation, the Developer shall furnish and deliver three sets of "as built" plans thereof to the City. If any public improvements are to be constructed on said site by the City, the necessary easements and right of ways shall be granted to the City at the expense of the Developer including the costs of the preparation of the right of way documents and filing. The Developer further agrees to grant to the City any easements or right of ways required over, under and across the development site, at no cost to the City, for the maintenance and accessibility to any public improvement constructed on the development site . The Developer shall establish permanent reference marks, to the approval of the City, in convenient and readily accessible locations wherever said public improvements are constructed on the development site. 18 . The Developer agrees on behalf of itself, its heirs, successors or assigns to maintain the site described herein pursuant to the terms of this development contract and all agreements subsequently entered into, and said Developer shall not permit the premises to deteriorate or become blighted or to constitute a public nuisance, and shall not permit its users or occupants to create a public nuisance . Enforcement of this provision shall be pursuant to the terms of this contract or the provisions of the applicable Minnesota Statutes, the Mounds View 7 Home Rule Charter, and the Municipal Code . In the event of nonconformance by the developer, the City shall seek mandatory relief, after written notice of the alleged violations, pursuant to the terms of this contract to enforce this provision and may proceed to abate public nuisances and to assess the cost of said abatement, including all costs, disbursements, legal fees against the development site, as provided for in the Home Rule Charter and—ouch other applicable ordinances and Minnesota Statutes . 19 . The development site shall be developed as indicated on the attached site plan, referred to as Exhibit 2 . The site plan and the development to be constructed thereon may be amended from time to time by the mutual written consent of the parties hereto, in conformance with the Municipal Code of the City. 20 . In addition to all of the provisions recited hereinbefore, the Developer agrees to the following conditions as more fully set out in Exhibit 4 attached hereto and made a part hereof . 21 . The provisions of this contract are severable, and it the event that any provision of this agreement is found invalid, the remaining provisions shall remain in full force and effect . 8 This agreement is made and executed pursuant to and under authority of Resolution No. 4708 adopted by the City the 23rd day of January , 1995, and by resolution or authorized signature of the Developer. IN WITNESS WHEREOF, the parties hereto have executed these presents the day of year first above written. CITY OF MOUNDS VIEW By Its Mayor By Its Clerk-Administrator DEVELOPER: By Its By Its Approved as to form and execution this day of 1994 : City Attorney 9 STATE OF MINNESOTA) ss . COUNTY OF On this day of 1994, before me appeared and the Mayor and Clerk-Administrator, respectfully, of the City of Mounds View,. County of Ramsey, State of Minnesota, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the said instrument was executed on behalf of the corporation by authority of its council, and that they acknowledge said instrument to be the free act and deed of the corporation. CORPORATE ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA) ss . COUNTY OF On this day of , 1994, before me appeared and , of a corporation, that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the said instrument was executed on behalf of the corporation by authority of its Board of Director, and that they acknowledge said instrument to be the free act and deed of the corporation. INDIVIDUAL ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA) ss . COUNTY OF On this day of , 1994 , before me appeared , to me personally known to be the person (s) described herein and also who executed foregoing Development Contract and acknowledged that he executed the same as free act and deed. 10 EXHIBIT 4 ADDITIONAL STIPULATIONS 1) Sanitary Sewer, Storm Sewer and Watermains shall be installed per the direction of the City Consulting Engineer and the Director of Public Works and, the installation of each shall allow for the future extension to Ardan Avenue REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 15. STAFF REPORT Report Number: 95-1236WS AGENDA SESSION DATE February 6, 1995 Report Date: 2-2-95 DISPOSITION Item Description: Review Proposal for Soil Testing at Woodcrest Park Administrator's Review/Recommendation: - No comments to supplement this report r ` *of c - Comments attached. \ Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Parks and Recreation Commissioners have set a goal of pursuing improvements to Woodcrest Park as was suggested by the neighborhood group of the SW section of the City and residents neighboring Woodcrest Park. Woodcrest Park is a very difficult park to improve because of its high water table, moving soils, and storm water ditch surrounding the park. The Commission intends on inviting the neighboring residents to a meeting for input as to their desires for the park. However, the Commission feels the need to know what is feasibly possible at Woodcrest Park, considering it's limitations. Therefore, the Commission has requested staff to pursue testing of the park to determine a professional opinion as to the needs of the park for further development and the estimated cost of such soil improvements. I have received a proposal from American Engineering Testing, Inc. and am expecting a proposal from SEH (not received yet, but will provide at or before the meeting) . Both would provide excellent services, with the price being the deciding factor. The proposal cost offered by American Engineering Services is estimated at $1700 - 1900. The service fee would be funded with Park Improvement monies from Park Dedication fees. • Diary S-ario, i rector of Parks, Recreation and Forestry RECOMMENDATION; Request the City Council to approve the geotechnical testing of Woodcrest Park for evaluation on the needs and costs of park improvements. A1IERICAiN CONSULTANTS • GEOTECHNICAL ENGINEERING • MATERIALS • ENVIRONMENTAL TESTING, INC. 111111111111111 January 27, 1995 City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 Attn: Mary Saarion, Director Parks, Recreation and Forestry RE: Proposal for Geotechnical Services Woodcrest Park Improvements Mounds View, Minnesota Dear Ms. Saarion: American Engineering Testing, Inc. is pleased to offer you subsurface exploration and geotechnical review services for the improvements you are considering for Woodcrest Park. This proposal is being submitted per our discussion and your fax transmittal on January 26, 1995. This letter is intended to propose a scope of work and to present you with an estimate of the associated fee, the anticipated schedule, and other information regarding our services. Purpose of Study The purpose of this geotechnical work is to explore the subsurface conditions at the site, and based on our characterization of the obtained data, to prepare a geotechnical engineering report presenting comments and recommendations to assist you and your project team in planning and construction. Project Information We understand improvements being considered include a new youth athletic field which will be located to the east of the existing building at the park. We understand the existing ground has experienced some irregular movements. Because of this, you wish to evaluate the future performance of the land and determine if certain grading procedures may be needed to improve the performance. As the area is currently somewhat level, needed grading to establish a flat playing surface should be relatively low (assuming soil correction is not needed). We understand you are also planning to pave the existing parking lot in the southwest corner of the park. The lot is currently surfaced with an aggregate base material, and you would like to add bituminous surfacing. 'AN AFFIRMATIVE ACTION EMPLOYER" 2102 University Ave. W.. . St.Paul,MN 55114 . 612-659-9001 . Fax 612-659-1379 Duluth• Mankato.Rochester•Wausau Ms. Mary Saarion January 27, 1995 Page 2 We have visited the site and, assuming we do not receive a significant snowfall, we should be able to gain access to representative test locations with a 4-wheel drive, one-ton truck drill rig. Scope of Services Fieldwork To evaluate the athletic field area, we propose to drill and sample three standara penetration test borings (ASTM:D1586). Our proposal is based on a total boring lineal footage of 48 feet for these 3 borings, resulting in an average depth of 16'. The program may be altered depending on conditions encountered, although will plan to limit ourselves to 48 lineal feet to remain within budget. To aid your evaluation of the parking lot improvements, we propose to place two flight auger borings (ASTM:D 1452) to a depth of 4'/2' each. Our services will include arranging clearance of underground public utilities through the Gopher State One Call System. We will also document the boring locations and measure the surface elevation at each test location. Laboratory Our services will include mechanical laboratory testing of selected soil samples to aid in judging engineering properties of the soils. In this proposal, we have budgeted for $75 for geotechnical laboratory testing. If conditions are encountered which indicate the laboratory program should be expanded for proper evaluation, we will review the recommended tests and associated cost with you prior to proceeding. Engineering Report Following the field and laboratory work, a formal engineering report will be prepared and submitted. This report will include logs of the test borings, the laboratory test results, a review of engineering properties of the on-site soils, and our geotechnical engineering opinions and recommendations regarding the following: • Estimates of future settlements or heaves of the athletic field area • Grading procedures to correct the athletic field area if the future movements are anticipated to be excessive. • Parking lot subgrade preparation (if needed) • Estimated subgrade R-value Ms. Mary Saarion January 27, 1995 Page 3 • Pavement thickness design The scope of work defined in this proposal is intended for geotechnical purposes only. This scope is not intended to explore for the presence or extent of environmental contamination at the site. However, we will note obvious contamination encountered which can be detected by human sight or smell sensing. Fees The scope of work defined in this proposal will be performed on a time and materials basis according to our current schedule of fees. A short form copy of this schedule is attached. The final fee is estimated to be in the range of$1700 to $1900; and we will establish the latter figure as a not-to-exceed fee for the scope described. In the event the scope of our work needs to be revised due to unanticipated conditions or for proper evaluation, we will review such adjustments and the associated fees with you; and receive your approval before proceeding. Schedule Weather permitting, we anticipate drilling operations can begin within about 1 to 1'V2 weeks after receiving authorization to proceed. Verbal results of the drilling activities can be obtained shortly after completion of the drilling. We anticipate the geotechnical report can be prepared within about two weeks after completion of the field work. We are available to review special schedule needs with you. Terms/Conditions Our services will be performed per the attached two-page "Service Agreement," along with the "Subsurface Boring Supplement." Acceptance Please indicate your acceptance of this proposal by endorsing the enclosed copy and returning it to us. The original proposal is intended for your records. Remarks We appreciate the opportunity to submit this proposal to you and look forward to working with you on this project. If you have any questions regarding our services, or need additional information, please do not hesitate to contact me. Ms. Mary Saarion January 27, 1995 Page 4 Sincerely, /4fr-e--7 /4/ / Jeffery K. Voyen, PE Vice President, Geotechnical Division Pone: 69=1-3-05 Fax: (612) 659-1379 JKV/jjn Attachments PROPOSAL ACCEPTANCE BY: SIGNATURE: REPRESENTING: DATE: 02/01/95 18:13 FAX SEE ST. PAUL x002/033 Arse, 3535 VADNAIS CENTER DRIVE 200 SEN CENTER.ST PAUL.MN9 is 612 490.2000 800 SSS ARCHITECTURE • ENGINEERING a ENWTAT o MANSFoRTAMai Supplemental Letter Agreement March 3,1994 RE: Mounds View,Minnesota Woodcrest Parkto li- c, ; o SEH File P-MOUND9-408.00 Ms.Mary Saarion Director of Parks,Recreation and Forestry City of Mounds View 2401 H3 iighway 10 Mounds View,MN 55112-1499 Dear Mary: We are pleased to submit this proposal for professional engineering the preparation of a Geotechnical Report including testing,evaluation,and reconunendations for the construction of an athletic field on the east side of Woodcrest Park. Our services will be provided in accordance with our Agreement for Professional Services dated November 17, 1993, hereinafter called the"Agreement". Our services will consist of the following work: 1. Soil borings. 2. Laboratory testing. 3. Soil evaluation. 4. Preparation of Geotechnical Report which will include: a. Proposed grading improvements. b. Parking lot subgrade correction. c. Recommend pavement section. • d. Future concerns. e. Cost estimate for recommended improvements. f. Preliminary grading plan based on current City topographic maps. Compensation for our services will be a fee based on our payroll cost times a factor 2.24 for services rendered by our personnel engaged directly on the project,plus reimbursable expenses including mileage, equipment rental, and the fee of our soil boring subcontractor. We estimate this fee to be$5,000. We will bill you at the completion of the services. SHORT ELLI017 HENDRICKSON INC, MINNEAPOLIS MN ST.CLOUD,MN CHIPPEWA FALLS,WI MADISON,WI 02/01/95 16:14 FAX SEH ST. PAUL 003/003 Ms.Mary Saarion,City of Mounds View February 1,1995 Page 2 We would expect to start our services promptly after receipt of your acceptance of O.&nronosm and submit a draft report for review within 30 days.Services are to be re phase which together with the general understandings applicable to our rekaUtoiti., you ate set forth in the Agreement Your particular responsibilities are also set forth in the A_7eeplertt This Supplemental Letter Agreement and the Agreement represents the entire understanding b_etweenyyou-and-us-in -to - an of us. If it satisfactorily sets forth your]understandingmay of our Agreement,nwe wouldting asigned by both your signing the enclosed copy of this letter in the space provided below and Zegit o us.appreciate Sincerely, Short Elliott Hendrickson Inc. /42 6‘1110 Steve Campbell,P.E. Ro .Farmer,P.E. Senior Project Manager Senior Geotechnical Engineer ACCEPTED THIS DAY OF _ 1995. City of Mounds View By: Title: On OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 18. C���� STAFF REPORT Report Number: 95-1238WS II �L W AGENDA SESSION DATE FPh,„ary 6, 1995 Report Date: 2-2-95 DISPOSITION 1 Item Description: Discussion Regarding Water Shut Off Policy Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. ExplanatianiSummary (attachsnpplement-sheets as-necessary.) SUMMARY: This item was tabled from the December 19, 1994 Council meeting to give the Council more time to review the proposed policy revision and discuss its pros and cons. The proposed policy represents a starting point for discussion. f9y st- .' Samtha Ord , o, City Admin. trator RECOMMENDATION• • �„ ' HAND CARRIED MONDAY, DECEMBER 19, 1994 Agenda Section: 11.B. 111 7©6 REQUEST FOR COUNCIL CONSIDERATION Report Number: 94-1412 ' (Re- Report Date: 17-19-94 STAFF REPORT � Council Action: 0 Special Order of Business CITY COUNCIL MEETING DATE December 19. 1994 ❑ Public Hearings AMENDED ❑ Consent Agenda RI Council Business Item Description: Consideration of Adoption of Resolution No. 4692 Outlining Collection Policy for Delinquent Utilityy Bills./ Administrator's Review/Recommendation: �jii `� - - No comments to supplement this report - Comments attached. ExpIanation/Summary-(attach-supplement-sheets as-n-eressaryi UMMARY; City Attorney James Thomson called this morning regarding Resolution No. 4692, A Resolution Outlining Collection Policy For Delinquent Utility Bills. He stated that the City Code should contain a "due process" provision under which an owner, or a tenant, of a property for which the City proposes to shut off water service for non payment of the water bill may request a hearing before the City Council to present testimony as to why the service should not be shut off. The City Attorney has drafted Ordinance No. 551, An Ordinance Relating To The Procedure For Shutting Off Water Service For Delinquent Accounts And Amending Title 900, Chapter 906, Sections 906.11 And 906.13 Of The Mounds View City Code, for your consideration. Attached please find Ordinance No. 551. The City Attorney further suggested that Resolution No. 4692 be revised to make reference to the shut off procedures in the revised City Code. Since Resolution 4692 makes reference to the revised Chapter 906, it should be tabled until such time as Ordinance 551 is adopted. Council may introduce Ordinance 551 at this meeting if desired. Should you have any questions please do not hesitate to contact me. Staff awaits Council direction in this matter. Donald Brager, Financ irector 1 RECOMMENDATION; Table Resolution No. 4692 and introduce Ordinance No. 551. RESOLUTION NO. 4692 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION OUTLINING COLLECTION POLICY FOR DELINQUENT UTILITY BILLS WHEREAS, the Council has reviewed current collection policies—tor delinquen utili bills, and WHEREAS, the Council desires to amend current collection policies for delinquent utility bills; NOW, THEREFORE, BE IT RESOLVED by the Council that the collection policy for delinquent utility bills will be as follows: 1. The due date of the utility bills will be the last working day of February, May, August and November. 2 . A shut off reminder notice will be sent ten working days after the due date of the utility bill to customers who are delinquent. 3 . If payment is not received within ten working days a service may be discontinued in accordance with the ter the proceedure set forth in Chapter 906 of the City Code. will not be shut off on Fridayfivc working days. Watcr. r--4 . If a customer notifies the City in advance, arrangements can be made for installment payments. will be initiatcd. -5. If accounts remain unpaid due to foreclosure etc. the amount will be certified on the taxes with a B-4 8% administrative fee a4 plus &4 interest added. as determined by the City Council. RESOLUTION NO. 4692 PAGE TWO OF TWO BE IT FURTHER RESOLVED that the utility bills will be sent to the owners of rental property and not to the renter. i t neter—reaaing card by the billing date will be 010. 00 Adopted this 19th day of December, 1994 . ATTEST: Mayor (SEAL) Acting Clerk-Administrator ORDINANCE NO. 551 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO THE PROCEDURE FOR SHUTTING OFF WATER SERVICE FOR DELINQUENT ACCOUNTS AND AMENDING TITLE 900, CHAPTER 906, SECTIONS 906. 11 AND 906. 13 OF .T MOUNDS VIEW CITY CODE THE CITY OF MOUNDS VIEW ORDAINS: Section 1._ Section-9-06. H, Subdivision-2-,--of— Mounds View City Code is amended to read: Subd. 2 . Shut-Off by City-Grounds: The Hunicipality res p ° - - rulco or rcgulationo in conncction with the use or operation of =aid oyotcm. Water service to a property may be shut off by the City for the following reasons: al Violation of a provision of this code relating to the operation, maintenance or connection to the water system. hi Fraud or misrepresentation by an owner or occupant in connection with an application for service. cZ. Failure of an owner or occupant or to pay rates and charges for water service when due. Sec. 2 . Section 906. 11 of the Mounds View City Code is amended to add the following subdivisions: Subd. 3 . Shut-Off Procedures. If the City Administrator determines that grounds exist for shutting off water service, the administrator must notify the owner or occupant of the City's intent to shut off by mailed written notice not less than ten (10) days prior to the date of shut-off. The notice must state the reason for shutting off the water service, the date that the water shut-off will be effective and that the owner or occupant may request a hearing before the City Council and that at the hearing, the owner or occupant may present testimony as to why the service should not be shut off. The re. est for a hearin• must be .resented in writing to the City Administrator not later than the tenth day after mailing of the notice. A request from either the owner or occupant is ORDINANCE NO. 551 PAGE TWO OF TWO sufficient to require the hearing. If a re est for a hearing is received, the City Administrator may not shut off service until the hearing has beets held and then only at the direction of the City Council. If a request for hearing is not timely received, the City Administrator may shat c Ff �;g .: water service as of the date specified notice. Subd. 4. Emer.enc Shut-Off: The •rocedure in subdivision 3 does—not—apply o—water shut-ofd in case of—an- emergency. Sec. 3 . Section 906. 13 , Subd. 7, of the Mounds View Municipal Code is amended to read: Subd. 7 . Delinquent Bills; Lien: In the event a water or sewer bill is unpaid et the end of the calendar quarter of the billing period under which- the • billing is sent out by the due date, a reminder notice shall be sent to the customer. If payment in full is not received by the City within (10) days after the reminder notice is sent, the bill shall be considered delinquent, and the service may be discontinued as provided in subdivision section 906. 11 (2) above and the Council may cause the charges noted in such billing to become a lien against the property served by certifying to the County the amount of said delinquent bill. Sec. 4 . This ordinance is effective 30 days after its publication. Read by the City Council of the City of Mounds View this 19th day of December, 1994 . Read and passed by the City Council of the City of Mounds View this day of , 199 . ATTEST: Mayor (SEAL) City Administrator APPROVED AS TO FORM: City Attorney ®F REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 16. 1110i06 STAFF REPORT Report Number: 95-1241WS W2-2-95 AGENDA SESSION DATE February 6, 1995 Report Date: DISPOSITION Item Description: Discussion Regarding Participation in North Metro Mayor's Association Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Sarah Nelson from the North Metro Mayors Assocation will provide position papers from the association to staff Monday before noon. I will have copies of the position papers and updated membership cost for your consideration at Monday night's meeting. 011 S. fantha 0 dune City Administrator RF,C:OMMENI?ATIO4T; t . !IEQUEST FOR COUNCIL CONSIDERATION Age da Section: 17. clamss a Report plumber: 95-1237WS STAFF REPORT Illor GC��9 Report Date: 2-2-95 AGENDA SESSION DATE February 6, 1995 DISPOSITION Item Description: Update of Cable Legislation Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Cori. Wilson, Director of the North Suburban Access Corporation and North Suburban Cable Commission has requested an opportunity to address the Council regarding the cable franchise renewal process and proposed communication legislation which could alter our current cable franchise agreement. She was not sure when she would be able to attend the meeting, so her item has been placed near the end of the agenda. I will alert the Council when she arrives at the meeting. Ablikt. A.stir.4.:m,.. . IL • Samant a Ordun• City Adminis ator RECOMMENDATION; 4 °W North Suburban Access Corporation & North Suburban Cable Commission 950 Woodhill Drive, Roseville, MN 55113 612/481-9554(crwNSAC) 612/482-1261 (NSCC) hM{175 • w ' i'.th 51).4 -re'e l"I I c7 'm,vM-i MEMORANDUM to: Samantha Orduno City Administrator from: Coralie Wilson 11J Executive Director rive, subject: Cable Franchise Renewal date: January 30, 1995 In accordance with federal regulations, Meredith Cable has notified the member cities of the North Suburban Cable Commission of its desire to renew the franchises which expire in November 1997. As it did with the original franchise, the Cable Commission is taking the lead role in the renewal process and will assume responsibility for negotiations with the cable company. However, even though the company has requested the use of the informal renewal process, the Cable Commission's intent is to solicit the views and recommendations of all interested individuals and institutions in the member cities. Further, the member city councils will be kept apprised of the process through regular reports, meetings with the city managers and administrators and meetings with the city councils themselves. Ultimately, the city councils must Arden Hills approve the individual franchises. Falcon Heights Lauderdale At its January meeting, the Cable Commission appointed a Negotiating Little Canada Committee. The members are: Jerry Wallin, Falcon Heights; Jim Johnston, North Mounds View Oaks; Pat Johnson, Roseville; and Cassandra Holmstrom, Shoreview. I think we New Brighton have a good representation of the member cities, large and small, north and south. North Oaks The first meeting of this committee has been scheduled for February 2. At that time Roseville we will begin to develop a strategy and to establish the negotiation parameters. St.Anthony Shoreview As you know, a number of issues will affect our negotiating strategy this time around. They include: 1. Rapidly changing technology. Communications technology is changing at an increasingly fast rate, much faster than we can hope to keep up. Our current fran- chises incorporate voluminous technical detail about system hardware. One goal in Samantha Orduno January 26, 1995 Page 2. the negotiations will be to focus instead on services and technical standards, leaving the means of providing those services and meeting the standards up to the provider. 2. Regulatory Uncertainty. Although Congress failed last year to pass legislation that would have re-structured the regulatory framework for all communications providers, including cable, we expect that another attempt will be made in the current session. Whether it will succeed this time is anyone's guess. According to industry leaders quoted in the trade publications, a bill must be passed this year or the issue is dead until 1997. No one expects much significant legislation to be addressed in 1996, a presidential election year. In addition, if a bill or bills are introduced, few are willing to speculate what their content will be. The major players in this arena are all huge industries, and there is no agreement among them. The long distance carriers and cable companies are lined up against the Baby Bells, with the broadcasters, the Motion Picture Association and other programmers also getting involved. I think it will be very difficult to achieve unanimity among them. Here in Minnesota, the Cable Commission was one of four that took the lead in drafting legislation to strengthen and clarify cities' authority to manage and control the public rights-of-way. A copy of the bill is attached. We have been working closely with the League of Minnesota Cities, which has now agreed to assume leadership for the proejct, with our cable commissions and others serving as the "foot soldiers." Since Senator Novak is the chair of the committee to which this bill will be referred, it will be very important for him to know that the City of Mounds View supports this legislation. 3. Sale of the system. The owners of Meredith Cable have had the system up for sale for a little over a year. They were, frankly, discouraged by the reregulation of rates by Congress and the F.C.C. In addition, the regulatory and technological climate does not favor small systems and the owners of a small number of systems. We are seeing a great deal of consolidation of cable ownership nationwide. As a result, we expect that Meredith Cable will announce the sale of the system sooner or later. A sale would require the Cable Commission to go through a Transfer of Ownership proceeding. 4. Political and economic realities. The political and economic realities work against the development of a long list of community services and benefits in return for franchise renewal. The subscribers ultimately pay the cost for these items, so we are very conscious of making sure that the subscribers will also benefit. Neverthe- less, expect the Cable Commission to agressively pursue the maintenance of community television facilities and funding and the development of a state-of-the-art cable plant. I3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 January 24, 1995 TO: MACTA 1995 Annual Conference FROM: Ann Higgins, IGR Representative League of Minnesota Cities RE: Proposed-Com untcations-ConvergenceAct The League of Minnesota Cities and the Minnesota Association of Cable Television Administrators are working together to propose legislation to respond to the new era in telecommunications and provide a new direction for policy to respond to rapidly changing advances In the delivery of those services. Below is an overview of legislation that LMC and MACTA will present: Overview • Minnesota telecommunications policy and associated legislative efforts have evolved over the century in direct response to rapidly changing advances in the telecommunications industry. Often the industry has led policymakers, demanding response to market-driven needs of an emerging industry. Major policy thrusts included fostering development of the industry, universality of service, and regulation of virtual vendor monopolies, all the while turning over the use of public property to private interests for the purpose of furthering the development of the businesses of these telecommunications providers. Policymakers are now faced with a radically different environment in telecommunications. Competition is a buzz word. Fairly linear telecommunications delivery systems and services such as telegraph and plain old telephone services have given way to daily additions and Introductions of telecommunications.services - all clamoring for visibility and profit, and all still claiming the traditional access to public property for the delivery of the burgeoning new services for the purpose of making a profit. Minnesota Statutes and associated rules in sections 237 and 238 have developed along with the traditional industries. Section 237 has developed in response to Plain Old Telephone, (POTS) service, and Section 238 has developed in response to Plain Old Cable Television (POCS) service. Additionally, these statutes have traditionally been associated with providers, as well as services - 237 associated with phone companies and 238 associated with cable companies. Unfortunately, as new services and technologies have rapidly developed in recent years, traditional providers now have the ability to offer the service of other providers, and policymakers are faced with obvious questions: AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)490.5600 1-800.925-1122 plus your city code TDD(6121490-9038 Fax 612}490.0(1'. LMC 1996 Telecommunications Policy Policies adopted by LMC member cities support local authority to require telecommunications service providers to: obtain permits and follow local standards for the use of local rights-of-way and property to lay wire, cable, or other facilities to carry voice, video or data signals to locations within the city corporate boundaries; prohibit redlining and uphold nondiscrimination standards in the provision of services at the local level; support community access to voice, video and information services offered at the local level; design the local telecommunications infrastructure to meet community information needs, including community programming services; compensate cities for the use of public rights-of-way. League policy supports replacing current local cable franchising authority with local permitting authority along with development of state and federal enforcement of minimum technical and connectivity standards and rate regulation in the absence of competition. LMC supports state licensing of telecommunications providers to ensure they have the financial, technical and legal qualifications to provide services. LMC urges the legislature to develop policy to protect cities' interests in the management of public property and local rights-of-way and to restructure and simplify the regulatory framework for telecommunications services. DRAFT 5 1 A bill for an act 2 relating to Persons who provide Emerging Communications Services; 3 encouraging the development and proliferation of Emerging Communications 4 Services in the State of Minnesota; empowering Local Authorities to control 5 the use of public property and public rights-of-way by communications 6 providers; proposing coding for new law as-Minnesota-Statutes, Chapter237A. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 8 Section 1. [237A.01] [SHORT TITLE.] 9 Sections 1 - 8 may be cited as the "Minnesota Emerging Communications Services 10 Act of 1995." 11 Section 2. [237A.02] [OVERVIEW.] 12 Minnesota communications law and policy have developed in response to advances in 13 the communications industry. Major policy goals include fostering development of the 14 industry. universality of service, and regulation of actual or near monopolies. In pursuit of 15 these goals. use of public property and public rights-of-way has been granted to private 16 interests for the purpose of furthering the development of such business. 17 Section 3. [237A.03] [LEGISLATIVE FINDINGS; POLICY.] 18 Subdivision 1. Findings. The Legislature of the State of Minnesota finds and 19 declares the following: 375832 -January 24, 1995 -Page 1 Prepared jointly by the law firms of Fredrikson &Byron and Bernick and Lifson 1 ,g2 In the Minnesota Cable Communications Act.. Minnesota Statutes 2 Chapter 238. the Legislature has established a plan for the occupancy 3 and use of public property and public rights-of-way and declared that it 4 js in the public interest to protect and to preserve the interests of 5 communities with regard to Plain Old Cable Service ("POCS") and yet 6 at the same time established uniform policies that will bring about 7 development and the availaMity-of POCS subj toreasonable-state----- and reasonabhstate—and municipal oversight. 9 1 The Legislature recognizes that the services offered by the 10 communications industry and the number of Persons providing those 11 services are rapidly growing and changing. A need exists to develop a 12 comprehensive state communications policy. 13 fa It has long been the intent of the Legislature to assure that Emerging 14 Communications Services are fully accessible to every state resident. 15 business and public institution. 375832-January 24, 1995 -Page 3 Prepared jointly by the law firms of Fredrikson &Byron and Bernick and Lifson 1 j�c Local Authorities are responsible for the development and maintenance 2 of public property and public rights-of-way. Public property and public • 3 rights-of-way are valuable assets for which it is appropriate for Local 4 Authorities to receive reasonable compensation for the use thereof by 5 Persons for profit. 6 al In light of Local Authorities' compelling and legitimate interests in 7 ensunng broad and diverse access to communications services in 8 exchange for the occupancy and use of public property and public 9 rights-of-way by private communications providers, it is appropriate to 10 require communications providers to reserve capacity for public use. 111'� The Public Utilities Commission. as a state agency. is well equipped to 12 develop uniform. statewide policy in the convergence of 13 communications services. Local Authorities are well equipped to 14 implement and enforce such statewide policies. 15 Subdivision 2. The Legislature of the State of Minnesota makes the following policy 16 statements: 17 Local Authorities must have the authority to require Emerging 18 Communication Services utilizing public property and public rights-of- 19 way to: 375832 -January 24, 1995 -Page 5 Prepared jointly by the law firms of Fredrikson&Byron and Bernick and Lifson 1 (11 ensures enforcement of and compliance with state and federal 2 technical and connectivity standards: 3 f2Z enforces financial. technical. and legal qualifications of 4 Emerging Communications Services providers: 5 1.3.1 authorizes local collection of fees adequate to reimburse Local 6 Authorities for the use and diminution of value and useful life of 7 public rights-of-way andit -lic propertyin additionfto 8 reimbursement for expenses associated with permitting: 9 (4) protects local interest in the management of public rights-of-way 10 and public property: 11 j5j assures discrete delivery of certain communications services to 12 relevant constituencies within Local Authorities, local school 13 districts. and county boundaries: 14 Section 4. [237A.04] [DEFINITIONS.] 15 Subdivision 1. [APPLICATION.] The definitions in this section apply to this statute 16 237A. 17 Subdivision 2. [EMERGING COMMUNICATIONS SERVICE OR SERVICES.] 18 "Emerging Communications Service or Services" means any communications service 19 other than POTS or POCS delivered to a Subscriber through the utilization of public 20 property or public rights-of-way. 375832-January 24, 1995 -Page 7 Prepared jointly by the law firms of Fredrikson&Byron and Bernick and Lifson 1 Section 5. [AUTHORITY FOR USE OF PUBLIC PROPERTY AND PUBLIC RIGHTS- 2 OF-WAY TO PROVIDE EMERGING COMMUNICATIONS SERVICES.] 3 Subdivision 1. A Person cannot offer Emerging Communications Services unless A 4 Permit is obtained from the Local Authority. 5 Application. This Act applies to every Person using public property or 6 public rights-of-way for the purpose of constructing. operating. 7 main ingoffering—or delivering-any Emerging-Communications 8 Services. 9 al A Local Authority acting pursuant to its own authority or in 10 conjunction with other political subdivisions shall require a Permit of 11 any Person subject to this Act. 12 Subdivision 2. 13 fga The PUC shall promulgate uniform statewide standards and regulations 14 to ensure that the intent and policy of this Act will be accomplished. 15 al Within 180 days after the date of enactment of this Act. the PUC shall 16 prescribe. and periodically thereafter revise regulations to carry out its 17 obligations under paragraph (a) above. 375832 -January 24, 1995 - Page 9 Prepared jointly by the law firms of Fredrikson&Byron and Bernick and Lifson 1 al Regulations to ensure that all providers of similar Emerging 2 Communications Services shall be subject to the same 3 requirements pursuant to this Act. 4 .(61 Requirements that all existing commitments to municipal. 5 educational, and other public/community services shall be 6 maintained. 7 f7 Requirements that providers of EnrergngCommunications- 8 Services shall provide services to identified discrete communities 9 within Local Authorities, school district, and county boundaries. 10 181 Requirements which ensure open access to all communications 11 architecture through the development of a "seamless web" of 12 Emerging Communications Services delivery systems. 13 122 Uniform construction and safety standards ensuring that Local 14 . Authorities retain control over the use of and equipment and 15 facilities located on or in public property and public rights-of- 16 way., • 375832 -January 24, 1995 -Page 11 Prepared jointly by the law firms of Fredrikson &Byron and Bernick and Lifson • 1 the Emerging Communications Services which are,placed under. 2 above or on public property or public rights-of-way. 3 Section 6. [237A.06] [COMPENSATION FOR USE OF THE RIGHT-OF-WAY.] 4 Subdivision 1. The Local Authority may charge and collect reasonable Permit fees 5 sufficient to recoup the costs of regulation. Such fee may include not only the actual 6 costs of permitting. but all expenses associated with the monitoring of Permit 7 compliance. costs associated with enforcement of PUC-regulations-and-any diminution 8 of value of public property or public rights-of-way as a result of the installation upon 9 or continued occupancy of public property or public rights-of-way. 10 Subdivision 2. In recognition of the use of public property or public rights-of-way by 11 any Person for the purpose of receiving compensation and to avoid further 12 subsidization of private entities through the free use of public property and public 13 rights-of-way, a Local Authority may charge up to 5 percent of the gross revenues 14 derived directly or indirectly from the delivery of Emerging Communications Services 15 to Subscribers in the Local Authority. 16 Subdivision 3. The PUC shall collect .5% of the gross revenues derived directly or 17 indirectly from the delivery of Emerging Communications Services to Subscribers in 18 the Local Authority for administrative expenses relating to the implementation of the 19 statute. 375832-January 24, 1995 -Page 13 Prepared jointly by the law firms of Fredrikson &Byron and Bernick and Lifson • 1 Subdivision 6. The technical quality of reserved public space shall be equivalent to 2 the highest technical quality of the remaining capacity of the affected communications 3 network in all respects. 4 Subdivision 7. Eligible Entities. The following entities are eligible for access to 5 public space reserved under this section which shall be allocated and used in the discretion of the Loci Aithority, 7 fal state and tribal governments, and Local Authorities and their agencies: 8 ab accredited educational institutions open to enrollment by the public: 9 id public and nonprofit libraries: and 10 101 nonprofit organizations described under section 501(c)(3) of the Internal 11 Revenue Code of 1986 that are formed for the purpose of providing 12 nondiscriminatory public access to noncommercial educational, 13 informational, cultural, civic, or charitable services. 14 Subdivision 8. Terms and conditions of access. Such eligible entities shall have 15 access to such public space at no charge (for installation or service) if using such 16 public space only for the provision of educational. informational. cultural. civic. or 17 charitable services directly to the public without charge for such services. 375832-January 24, 1995 -Page 15 Prepared jointly by the law firms of Fredrikson &Byron and Bernick and Lifson North Suburban Access Corporation & North Suburban Cable Commission 950 Woodhill Drive, Roseville, MN 55113 612/481-9554(CTV/NSAC) 612/482-1261 (NSCC) IrA075 c�, north y -re10115 I MEMORANDUM OF UNDERSTANDING REGARDING MEREDITH CABLE'S BASIC RATES: A Summary In March 1994, NSCC issued an order regarding Meredith Cable's basic service rates and equipment charges. In addition to lowering the cable company's basic rate an additional $.07 per month, the order required the company to stop passing through $2.83 as a PEG (Public, Educational and Government) access fee. According to F.C.C. rules, the company could only pass through increases in franchise requirements that occur after the company became subject to rate regulation. The company appealed that decision to the F.C.C. The basis for entering into the MOU was that the company would agree to continue paying the public access operating grant for the duration of the franchise renewal, would make available a "universal access" service consisting of the community channels, and would drop its appeal of the Cable Commission's March order. In return, NSCC would allow Meredith to pass through the total of the PEG access fee beginning July 15. Specifically, Meredith Cable agrees: 1. To drop its appeal of the March 1993 rate order and to refund $764,443 + interest to subscribers in the form of a credit. NSCC deducted $1 10,000 from that amount for use as grants to the three schools districts for video production facilities that can be used to program their educational access channels. • Arden Hills 2. To provide a universal PEG service of 8 channels: Regional Channel 6; Channel 16; Falcon Heights Channel 33 (public access); Channel 62 (CTV On Request); the three school district Lauderdale channels, and KABL. There will be no installation charge and no monthly service fee Little Canada unless the subscriber does not have a cable-ready television set. In that case, the Mounds View subscriber will pay a nominal (less than $3) monthly fee for the converter. New Brighton North Oaks Since this service will be tied into the company's already planned reconfiguration of Roseville the channel line-up, it will not be available until late summer 1995. St.Anthony Shoreview 3. To pay the following grants: a. Annual public access operating grant will continue through the duration of renewed franchise. b. Annual $50,000 equipment grant, which would have started upon renewal of the franchise, will begin January 1995. c. The annual scholarship grant will double from $14,000 to $28,000, beginning January 1995. MOU Summary Page 2. The amounts for these grants will be passed through to subscribers in the PEG access fee. The actual amount of this fee per subscriber will be re-calculated so that, as the number of subscribers increases, the per subscriber fee should decrease. (NOTE: The cost of supporting PEG access has, in effect, always been passed on to subscribers, but has been buried in the basic rate. The difference is that now this cost is being itemized on the subscriber's bill.) 4. To pass on to subscribers the full amount of any profit the company realizes upon the sale of the system, up to the amount of the relief granted to the company by the MOU. (The company has asserted that it expects only to recoup its original investment and does not anticipate a profit. This will be evaluated during the trans- fer of ownership.) 5. To pay $100,000 for replacement of the video production vans upon sale or transfer of the system . Report Documentation Page 1./Watt No. 2. 3.Recipient's Masan No. MN/RC-94/20 4.Tide and Saidde 3.Report Deas Indirect Costs of Utility Placement and Repair Beneath August 1994 Streets 6. 7.Ajtor(s) 8.Perfarmieg()itemization Report No. Raymond L. Sterling, Ph.D., P.E. 9.Performing Ozyaoiation Name and Address 10.Project/Task/Work Unit No. University of Minnesota Underground Space Center Department of Civil Engineering 11.Contract(C)«cotc( No. 500 Pillsbury Drive S.E. (C) Mn/DOT 70212 TOC 93 Minneapolis, MN 55455 (G) 12.Spaosoricg Organiation Name and Address 13.Type of Repeat and Period Covered Minnesota Department of Transportation Final Report Office of Research Administration 117 University Avenue, M.S. 330 14.Sponsaeiog Agency Code St.Paul Minnesota, 55155 u.Supplementuy}kegs 16.Abstract(Limit 200 wads) The report examines policy issues related to the placement of utilities beneath public rights-of-way. The principal issues discussed are: recognition of the present and future value of the space beneath public rights-of-way in space allocation decisions, methodologies for assessing the full societal costs of utility work in congested roadways, implementation of contractual practices and fee structures to mitigate conditions involving high societal costs, and the work that would be necessary to attempt to include the impact of utility cuts on life-cycle pavement costs. C 17.Dacumeat Analysis 18.Availability Statement a. Descriptors . No restrictions. Document available from: Utilities National Technical Information Services, Underground Springfield, Virginia 22161. Indirect Costs Social Costs Cost-Benefit Analysis 1 _ 19.Security Class Obis report) 20.Saucily Class Obis page) 21.No.of Pages 22.Price Unclassified Unclassified 57 Table of Contents ex .1-.1. uction 1 ;1:1 Background _ 1 -1.2 The Size of the Problem 2 ':11.3 Estimating The Total Societal Costs of Utility Construction and Repair 3 1.4 Issues Raised by the Availability of Trenchless Technologies 3 • Chapter 2 • _Value of Land Beneath Public Streets 7 • - 2.1 Background 7 2.2 Value of Land in Public Rights-of-Way 9 2.3 Discussion on the Monetary Value of Underground Space 11 .• • 2.4 Examples of Valuations for Underground Easements • . 14 2.5 A Specific Approach to Estimating the Financial Value of Underground Space 16 2.6 Case Example for the Evaluation of a Utilidor 17 Chapter 3 Indirect Costs of Utility Work 19 3.1 Background 19 3.2 Costs to be Considered 19 3.3 Assessment of Indirect Costs for Roadwork in the U.S. 22 3.4 Assessment of Components of Indirect Cost 22 3.4.1 HEMS Performance Measures 22 3.4.2 Calculating Indirect Costs for Utility Work 24 3.4.3 Effect of Utility Work on Life Cycle Costs of Pavements 28 3.5 Experience in the U.K 30 3.6 Procedures for Estimation of Indirect Costs in the U.K. 30 Chapter 4 Implementing Changes in Practice to Minimize Overall Societal Costs 35 4.1 Mechanisms for Change 35 4.2 U.K. Experience with Lane Rental Provisions 39 4.3 Other Experience in Europe with Related Contracting Practices 40 4.4 U.S. Experience with Related Contracting Practices 41 4.5 Implementation of Pavement Life Cycle Cost Considerations 42 • Chapter 5 Conclusions and Proposed Future Work 43 References and Bibliography 45 Appendix A TRB Research Problem Statement '41111 f • F.'-1 '^ �T`,v.y.'.7:..t{y. pS7i.Rwler , S Se-rL .. v...a . s5. fS Chapter 2 Value of Land Beneath Public Streets 2.1 Background • Land in most countries of the world is available for private ownership. Also, in most countries, ownership of the land surface carries with it ownership of the underground region beneath and ownership of the air space above the specified surface land area. This ownership usually extends downwards to the center of the earth but upwards only as far as reasonable use of the space can be made. The latter restriction on the upward extent of the space reserved by surface land ownership came after the spread of aviation and was introduced to avoid the condition of trespass every time an aeroplane flew over private property (Thomas, 1979). A recent survey of the legal and administrative controls on the use of underground space carried out by the International Tunnelling Association found that, with a few notable exceptions, most countries had similar laws governing the ownership and regulation of underground space (ITA, 1990). ( The presence of valuable minerals or fluids in the ground considerably complicates the issues involved. To encourage the recovery of valuable minerals, mineral rights can be sold to another party than the landowner who then has the right to carry out mining to recover the minerals. This has led to many lawsuits about damage to the land surface caused by mining and who might own the underground mined-out space left following mineral recovery. Fluid resources beneath property present even more difficult issues since the resource is not fixed in place and can move across property boundaries during pumping for recovery. Although such issues surrounding property rights for underground space are of general interest to this study, the principal issue of concern in this report is whether underground space beneath public rights-of-way has its own intrinsic value which should be taken account of in decisions about how such space should be used for the public "good." The monetary value of most land and other resources in the U.S. are determined by the price at which the resource will trade. The value is affected by the desirability of a particular location, the economic potential of the land or its location and the effect of any government restrictions or incentives which may affect the use of the land. Since the public land used for street and highway right-of-ways is seldom traded, its value is usually not as readily determined. One can assume, in general, that as the value of tradeable land increases, the intrinsic value of adjacent public or non-tradeable land also increases (this relationship being modified by the extent to which the public land is necessary for access, service or amenity to allow the private land to hold its value). As the price of land has risen rapidly, some major cities of the world (notably in Japan and southeast Asia), interest has been generated in minimizing costs for new facilities or generating additional economic returns by utilizing underground space beneath both public and private land. 7 ,a;' -''''-';‘',47.14:;..,!--::14' 1 A 1978 World Bank paper reports that the issue that the price of land is "too high" or is rising "ton 'P,':''';' fast" is a common complaint in cities with limited land area. The reports states that "....if one s the same boundaries of a city and if that city is growing, the assertion that average land prices w i- s 3i increasing rapidly is neither surprising nor very interesting. Such increases are necessary for the :',-:-:' f efficient allocation of space." (World Bank, 1978, p 67). The relationship that price plays in the conservation and efficient allocation of a resource is an 1 f r important one. As land in a city becomes more expensive and space for new facilities more sca ce, y55�f ` the waste of space or land in inefficient allocation carries with it a loss of "opportunity cost." Again, ' "- from the World Bank report: r, 1-� "The—cost-of-land-plays-an-important role in many decisions by both governments and '`"` "' private agents. In order to delineate the consequences of decisions to use land for specified purposes, one must measure costs in terms of the output of useful goods and '',.,.F . services that would be foregone; this is then the true cost or opportunity cost of the 4 " land." (World Bank, 1978, p73) "The critical attribute of land that distinguishes it from most other resources is that, with minor exceptions, it is non-reproducible. If land is extraordinarily valuable in the center of a city, one cannot devote resources to produce more of that valuable land; amount must be taken as given. The only recourse is to make different uses of the existing stock of land. Hence there is the desiderata that land should be employed in its most valuable use" (World Bank, 1978, p73). In . iscussion of the interaction of project and land opportunity costs for an imaginary new port in a developing country, the World Bank observes that land in the area of the port which had a low value prior to port construction will sustain a large rise in value when the port is finished. "Thus, there are two opportunity costs of land -- one without the project and one with the project completed." The question of whether the port is worthwhile or should be at that location is answered using the without-project opportunity cost of the land. The other question of whether the port has the right st amount of land also must be answered because there may be technologies which can trade land for additional capital. In this tradeoff, "one should make the port compete with other with-project land uses." The first decision is a decision on a "lumpy" investment. In the second case, a "marginal" investment of additional land versus additional capital cost is being considered. "In principle, one should find the most efficient configuration of the port before asking whether it is worthwhile to build it." The above.general comments on utilizing land effectively as a resource and maximizing its opportunity value can now be related to how we make decisions about the utilization of underground space - especially beneath public rights-of-way. 1 8 h4 j z.3 t _ T F 4S .1, PIS of the value of urban underground land, Pasqual and Riera (1990) state: great deal of resources are devoted to implementing a whole variety of projects in subsurface land. Studies are usually undertaken to identify the optimal allocation of those resources. Thus, in the decision making process, public administration takes into account all sorts of costs and benefits in order to achieve the best cost effectiveness of I'` the investment. However, there seems to be one relevant cost constantly ignored in I such studies: the price of the underground land consumed by the project." II Regarding the reasons that the value of subsurface land has been ignored, Pasqual and Riera suggest: There is no specific market for subsurface land • i-.- .pers-usually ignore-the-opportunity-cost of-additional-underground development Rights to underground land are bought and sold with the rights to surface land area and thus there is no financial link to the use or misuse of subsurface space • Historically, the expectation of the need for using underground space was small compared to the amount that existed and underground space was thus usually treated as a "free good" • Utilities were often granted free use of the space beneath public streets on the basis of public good and a lack of competing demands for the space • Because there is no specific market, the price of underground space is not obvious • If the price is not obvious, it is difficult to include the value in cost-benefit analyses If the value of underground space is not considered in cost-benefit analyses involving underground facilities, the analyses may not provide the optimal solution among several alternatives or the correct answer to whether a project has a net benefit or cost. Of particular relevance to utility placement is that more of the resource of underground space may be consumed than is justified when there are competing technologies or configurations available which use less underground space overall or less valuable underground space at greater depths. In the absence of strict planning controls, the treating of underground space as a "free good" can and has resulted in a chaotic use of the underground. In Tokyo, city planners are looking to layers of underground space at depths of 50 m or more to find zones which are clear enough from existing structures to allow substantial new infrastructure facilities to be built. Perhaps, as in all major cities, this need to go deep for new facilities could be mitigated with better long-range planning and better accounting of the value of the resource usurped by earlier structures. f 2.2 Value of Land in Public Rights-of-Way It is perhaps of interest to estimate in broad terms what the total value of the land in public rights-of- I WaY might be in a major city even though that value could never be realized in direct sale because access and services are necessary for the land to have significant economic value. Localized values are important, however, if land in the public-right-of-way is sold or traded with regard to a specific development. In small parcels, the value of the public land should approach the value of the adjacent private land. 9 'T r. ai IT i, Consider a hypothetical downtown city grid - as illustrated in Figure 2. A one-square block area with a block size of 100 m I 121.4m I by 100 m (330 ft. by 330 ft.) together with the appropriateIn portion of 21.4 m (70 ft.) wide rights-of-way which separate - - the blocks is shown in the shaded portion of Figure 2. This f �f shaded portion is made up of 10,117 m2 (108,900 ft2) of blockti area and 4,747 m2 (51,100 ft2) of street right-of-way. If the 21.4m ' 21.4m value of the public right-of-way were assumed to be equal to the adjacent private property, then the value of the public land 11 area would be 47 percent of the value of private land area for - -- 1.- the single block. If the value of land in the downtown area is assumed to be $4.65 per m2 ( 0 per ft2) , [the estimated fi21.4m [-] 1988/89 market values of 7 downtown city blocks in I I Minneapolis considered for a new Hennepin County Safety Figure 2 Plan of Downtown City Facility were $10.2 million, $12.9 million, $10.7 million, $5.4 Block II million, $15 million, $4.7 million and $6.3 million respectively - all representing higher values than the figure chosen] then the value of the block itself 1 would be $5.45 million and that of the adjacent right-of-way $2.56 million. Over a downtown area of 2.59 sq. km (1 sq. mile), the total value of the public right-of-way would be approximately $446 I 115m I Ii million ($172 million per sq. km.). For residential blocks z t with an average block size of 152 m by 91 m (500 ft. by 300 -' 11 ft.) and 15 m (50 ft.) rights-of-way (see Figure 3), the block area is 13,935 m2 (150,000 ft2) and the associated right-of-way Ems Z, area is 3,948 m2 (42,500 ft2). If an average value of $5 per ft2 r were taken for residential blocks (equivalent to a lot price of $37,500 for a lot 15 m by 45 m (50 ft. by 150 ft.)), then the above assumptions would lead to value of the public right-of- 15m w '.... •(:::,,,T.:(1,,. 15m .,15m way in each square kilometer of residential area of$11.89 million ($30.8 million per sq. mile). Taking the City of Minneapolis (152 sq. km. or 37,568 acres in total area - City of Minneapolis, 1981 - see Table 1) as an example for which the above assumptions are reasonable the total value of - - public rights-of-way could be said to be as high as $2.2 billion. This figure is derived from taking a downtown area I 115m I of 2.59 sq. km. at the $4.65 per m2 land value, the remaining area of commercial and industrial properties (14.6 sq. km. at Figure 3 Plan of Residential City $0.93 per m2 and all remaining areas (107.6 sq. km.) including Block residential areas (53.6 sq. km.) but excluding water (9.5 sq. km.) and social-cultural (17.7 sq. km.) at $0.46 per m2. Multiplying these areas by the assumed average values for public right-of-way in each square kilometer respectively gives a total value of $2.23 billion. 10 .t. f '' a of streets and alleys in the 1981 report 35.9 s km. the figure of$2.2 billion would „ the are Y ( q• ) g } an average land value for the streets and alleys of $61 per m2 or $5.70 per ft2. ' f Table 1 Distribution of Land Utilization in Minneapolis (1981) Sq. Km. Percent of Total - 21.4,. 17: 1' ' ,,;, Residential 53.59 _ 35.0 Commercial 9.26 6.0 1 , Industrial 7.93 5.0 i"-- Social-Cultural 17.69 11.0 Transportation 4.59 3.0 Streets and Alleys 35.90 23.0 Miscellaneous 0.97 0.6 self Utilities 0.21 0.1 Vacant 3.31 2.0 Water 9.47 6.0 Other 9.08 6.0 TOTAL 152.04 Includes recreation, open space, educational uses and cemeteries Source: "State of the City 1981, "Minneapolis Planning Department, December 1981. 2.3 Discussion on the Monetary Value of Underground Space 5m The value of land, of course, varies from country to country, city to city and from city to small town. In some parts of the world, urban land prices have risen so high as to severely curtail the provision of new infrastructure which cannot be accommodated within existing public rights-of-way. Tokyo, _U the extreme example, has localized land prices which reached $500,000 per m2 ($50,000 per ft2) in 1988 (Kuwabara 1988). This should not be considered representative of densely-populated major business centers, however. Hong Kong with much less land area and much higher land use densities had a maximum land value of $14,000 per m2 ($1,400 per ft2) in 1989 (Vail 1989) and downtown New York had a maximum land value of around $25,000 per m2 ($2,500 per ft2) in 1989 (Downes , 1989). The cost of land in Tokyo has reached the point where the cost of land required for a new public "dcs Project can exceed 95 percent of the total cost of the project. Such high land prices cause a : substantial dislocation in the way public agencies think about the provision of new facilities. b. ` Legislation has been introduced into the Japanese Diet to alter land ownership under Tokyo. The central element of the legislation would be to make underground space below 50 m (164 ft.) public 11 • • property and thus avoid the separate condemnation and purchase of easements beneath private land. Also, one finds in Japan many shopping centers and public parking facilities constructed beneath the public streets at major commercial centers. Such construction allows the provision of needed facilities in locations where new surface land is unavailable and where the cost of private land is prohibitive. Despite the ability to avoid the cost of the purchase of private land, however, the construction of major new facilities beneath streets in heavily-used commercial districts is fraught with many difficulties - disruption to the existing neighborhood during construction, relocation of existing 111 utilities, etc. and damage to streets. These questions will be addressed later in the report but in this chapter, one issue will be focussed on - does the fact that public agencies and utilities do not have to pay for utilizing the public space beneathgghtsf way mean thaw the space should-be administered --11.11- as if it has no value and no impact on the long-term development of the urban area. In effect, this is what often happens at present - current projects to be placed beneath streets are laid out and constructed on the basis of avoiding existing utilities, maintaining access for future repair, minimizing damage to boulevard trees, and where possible following utility layout corridors which have been set up to reduce future utility conflicts and accidental damage due to unknown location. These issues present difficult problems to resolve, especially in older portions of cities with narrower streets and a longer history of utility development. The nature of the decisions currently made however do not consider substantially alternate uses of the space which may be desirable later in the I, growth of the urban area. The alternate uses may include: r I; • Underground pedestrian connections - these require less change of elevation for pedestrians than skyways across streets, they do not visually interfere with the aesthetics of the existing streetscape and they make a more convenient circulation system for cities with an underground transit system. The reason pedestrian tunnels are not built more often has mainly to do with the expense of relocating the existing utilities to accommodate the tunnel. I j Other reasons may include poor personal security in uncontrolled pedestrian tunnels and the greater ease of wayfinding in a skyway system. l 111 • Public or private facilities needed in a particular area for which there is no longer any private land available - this is less of a problem in U.S. cities than in Japan or Europe because land costs are lower, there are fewer historical districts which require preservation, and planning restrictions are generally less severe. These needs can result in parking structures and shopping centers beneath streets and plazas in central cities. 12 Il t• '§•. Iane of underground space beneath private land depends on several factors: ash tli " s,"4!:;_; is Are mineral resources of value involved? normal use of the surface land be affected? Will the construction of future structures be limited by any underground use? • How accessible is the underground zone? of Is it likely that this zone would or could be developed by the current owner? }4.tg., What is the cost of developing the underground zone? 77.14/-77.14/- "Is the actual underground space utilized dependent for its stability on an undisturbed zone of this r ground around the opening? we t S. Is there an psychological impact on land value from partial undermining? :red • • �e-of-mineral-resources-is-neglected factors 2-through 5 indicate-that-the value-of underground space should tend to decrease with increasing depth and decreasing impact on surface uses, If the land surface is effectively usurped, then one would expect the cost of the underground oh space to equal the full cost of the surface land required. With decreasing impact on the current and Mute uses to which the surface land may be put, the loss in land value to the owner of the surface >wer land diminishes. Such a decreasing impact may be expected to occur with increasing depth. Also, the owner is less likely to want to or to be able to develop the underground space at greater depths. the For the developer of the underground space, the principal issues are 4 and 6. The underground space is not useful if it is not accessible and the price the developer is willing to pay for the right to the space will be related to the cost to develop the underground zone in question. If other costs are fixed, cheaper construction costs will allow a higher price to be paid for the space. Construction costs generally will tend to increase with depth below ground reinforcing the other factors mentioned above. This will not always be the case, however. In cases where different geological formations provide substantially different costs for excavation and support of underground openings, costs to construct underground space may be less in favorable geological formations at greater depth than in • poorer shallow conditions. This lower construction cost may result in an increase in the value of underground space within this favorable zone. An analysis and discussion of the interaction between • land cost and the cost/benefit analysis for underground versus aboveground buildings is provided in Carmody and Sterling (1993). to When considering the cost of an easement or land purchase for underground development it is important to take into account any additional ground or land area required for the support of the underground excavation made. Many underground structures are designed based on the interaction of the structure and the surrounding ground and it may not be possible to build a new structure immediately adjacent to the previously constructed facility without extensive strengthening work. This restriction on the future use of the ground surrounding the current use should be included in calculating the value of the easement and it should be clear whether the value assigned is for the actual area occupied below ground or the total area necessary to maintain the stability of the structure. There also may be cost impacts on the value of surface land due to underground easements which are not as readily determined. When easements are created or underground structures exist beneath a 13 `Yep `45� ', T,, `-, �4 1' i I property, there may be an impact on land value due to a fear of loss of support or the added complications in the title to the land. Such concerns are likel to be more prevalent for residential _ P Y properties than for commercial or public properties. . III 2.4 Examples of Valuations for Underground Easements 10 A few examples of the valuation of underground easements exist from countries around the world that have wrestled with this problem are shown in Figure 4. Examples from Belgium, France, and 4-11 Germany taken from the ITA report (1990) are graphed against depth for comparison. As can be seen, there is no consensus on the change of value of an underground easement with IV -1 depth. The differences are more than can be expected due to the different geological conditions (types of soil or rock and level of the groundwater table) which may be present in each area which 3` I may inhibit underground construction and thus reduce the value of the underground space. They reflect the inherent difficulty in assessing a value for a commodity for which there is only a limited market and for which the decisions on Easement cost(% of land value) value are make by public authorities or the 0 1020 30 courts. 11 Some countries have used administrative procedures or legal decisions to assign only a 10 - ' nominal value to underground space below a France certain depth when usurped for public purposes (Sweden, for example). In most cases, these 11 Germany actions are also aimed at speeding the granting E 20 - of easements for tunnel or utility projects that must cross many private properties. y Belgium . o If one accepts the premise that space beneath 30 public rights-of-way has value and that there may be future "higher" uses for the shallow underground in urban areas than for a maze of A utilities, then it is important to try to understand 40 ! what, if anything, should be done to change the 1 way in which utility placement is planned and executed to take account of the value of the space which is being occupied. 50 - ♦ I Figure 4 Examples of Easement Valuations I I 14 I DQ entiai fiat kind of land value might be a typical utility, consider the utility tFii;tue 5. Its depth is 2.0 m and its in. Other utilities will not be to be placed above this utility or I i neither side of the utility. The rld .jection of the space occupied is thus end y:m wide. If a easement value (for 'depth) of 30 percent is applied to the 2m Of the land adjacent to the street (say . per m2) then the cost of the easement 1110.00 .., thteal meter of utility would be $36.00. y ch compares to a 1-994 estimated-construction 3 OT•M 00iifor a 0.6 m utility ata 2 m depth of around S9O.00 per lineal meter (i.e, the easement value MOlid represent about 40% of the direct € c0nstruction cost). Figure 5 Section of Buried Utility It is clear from attempting to do simple '`''" calculations such as this for the value of the ice occupied that the procedures of multiplying the value of the surface land by a percentage based oa the depth of the construction do not properly take into account the differences among the space efficiencies of various utility layout approaches. In the example given, the value of the easement would be the same whether the utility allowed another utility to be placed above its service or not. A more useful measure of the value of the space taken would be one based on volume usurped as modified by factors such as depth, impact on current and future uses of the surface, geological conditions, etc. A simple equation for the decrease in value with depth (as suggested in Funes 1988) can be integrated over depth to provide a value for the volume taken but this requires first an estimate of the value if all of the underground space were taken beneath a certain surface area but leaving the surface intact. • 15 k y t •d rJ . - 7. .. - - ' ---'1' , , '11'• „, ' 11' f •,,,,'• 1, ',173" ' - '•„•, . '"-•-I,....1-!,1.'''''' • r,::..,,,, ' ' 7;':, - •, `.;0',..:'s 2Z A Specific Approach to Estimating the Financial Value of Underground Spe,neeL,:,' , Pasqual and Riera (1990) provide what they term a first attempt at a means of estimatint,....2_1e of underground space as follows: , :t av '. • c. First, the value of underground land is determined from consideration of a hypothetical.; _,un 0,,Etient which includes both aboveground and underground development. The value of---E----u - an"4,.' d is I ' 1,r-- derived by considering the assigned profit, construction cost and land value to each fwd() ' ',0,=, development, ix. - i'..,'.- .f-tr- . P U = ---- - c I! 1 + b • .,-; '',',, f , , where ,,T,NiP,',Y•,,u = price of subsurface land p = price of the portion of the building built underground b = developer's rate of profit c = construction cost of the underground portion of the building ,-., 1 This formulation leads to the conclusion that as the construction cost of an underground facility increases, the value of the subsurface "land" should decrease by the same amount. This relationship stems from the fact that the land is assumed to be worth what a developer is willing to pay for it. The developer cannot afford to pay as much for the underground land if the construction costs more and if the same profit margin is to be maintained. The relationship also indicates that the value of 'pi, underground land will decrease with higher profit requirements on the part of the developer.-. The above formulation does not provide information about the change of value with depth. Rewriting the above equation as a function of parcels of underground land at different depths, i, one 1 has (Pasqual and Riera, 1990): -,-.::-- '- .• Pi U1 - 1 + b - ci 1 If the price of the underground space is assumed to decrease with depth and the construction cost is assumed to increase with depth, then it follows that the calculated value of undergroundland will necessarily'decrease with depth. (Note: these two assumptions are normally validinay not be satisfied in geological conditions which allow cheaper underground construction inlSpcfic geologic zones at greater depth). • The main problem in applying this more detailed analysis is that it is difficult to issessthe price of underground space as it relates to depth below the surface. A second problemiii112(iiriiderground "land" cannot be considered as a commodity defined by its area in a horizotalyi?7,cas is surface 1:41'14iii;.; 16 .„.:4,..1,--.)-•k,.,„,,-,.,,r I. .-4:..,,,,',.it ,....a. . ) The costs and values are necessarily tied to volume rather than area. In Pasqual and Riera's value ;on, there is an implicit assumption that the price is based on usable thicknesses of •and space that are related to the value of the land at a particular depth. Thus the value of underground "land" changes with the changes in construction cost and the price a tenant or is willing to pay for the space obtained at a particular depth from the surface, i.e. the area pmen and land together with its associated thickness. To avoid confusion, it appears better end is � ��the ��� treat- underground space as a value per unit volume. This is in fact what Pasqual and Riera did iy applied their approach to a case example. • '33 Case Example for the Evaluation of a Utilidor , ' era used their-approach to underground land-valuation to investigate the-alternatives of- a common utility tunnel versus the traditional approach of separate utility locations beneath the . Midway for construction of a major ring road project in Barcelona. The value for underground land was determined from the known value of an underground parking space in Barcelona (p = US$25000), the known cost of constructing an underground parking space (c = US$12,000) and an assumed value of the developer's margin (b = 0.35). From equation (1), the value of the underground land is US$6519 per m2 (US$606 per ft2). This can then be converted to a value per m3 of underground space by multiplying by the volume of underground space necessary to provide one packing space (including a proportional part of the parking access space, etc.). This volume was estimated to be 57.5 m2 and hence the value of underground space was calculated to be iiP USS113 per m3 (US$3.20 per ft3). re Applying the estimated value of underground space to the ring road utility comparison, yielded a comparison that, since the common utility tunnel would save 7.39 m3 per linear meter of roadway, the land value savings per meter of roadway would be US$840. Over the 25,735 m of system being considered, the total land value savings were calculated to be US$21.5 million. e The four main variables in the overall comparison were • Construction costs - greater for the tunnel option • Maintenance costs - considered for the tunnel option only • Future utility repair costs - less for the tunnel option • Underground land costs - less for the tunnel option The underground land value was the most significant factor in the comparison with savings in repair costs being the next most significant. The discount rate assumed and the period over which the savings in underground land are to be taken were important factors in the calculated magnitude of the savings. There are many other issues which bear on the general use of common utility tunnels. These issues include (APWA, 1971 and Duffaut and Labbé, 1992): 17 M •:.i,,,,'''' » *-14i.4.t.;'''''' '..4:1';'1' ry.,' �1. aa }j . iIt v 4';':X>'1,-.`-',_-',,- 5 .y i.. F Benefits. ,..4,t47-41-',' .. .• Q • . easy access for maintenance, repairs and extensions • no street cuts or traffic congestion- 4h .. Drawbacks *t, tar g � • large early investment required .,, , • administrative concerns among utilities • security issues for some utilities • obsolescence of some utility needs 1,t • incompatibility of new needs with space provided I.1 1 1 r3 Lti , The concept of trying to save underground space in a major new construction is, however; an important one. If this is not done, the difficulty and expense for the provision of later infrastructure of major significance such as transit tunnels, underpasses, etc. will be increased. .:r;(1‘,';',- .- z(1 ,t.= .$'17 d t11 we- i;kb: r .f A t yif Vir ., .?r,s i i r, , :- 18 r� tib,. ,+ Cr•! ,, t ' i} 1 •ySkS4 , REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 21. CMOSnior .,;, Report Number: 95-17 i 9WS STAFF REPORT BM' AGENDA SESSION DATE February 6, 1995 Report Date: 2-2-95 DISPOSITION Item Description: Discussion Regarding Update of 1995 Fee Schedule Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Staff has begun the process of updating the City's Permit and Fee Schedule. Many of the updates are housekeeping items such as raising the water and sewer fees so that they are consistent with the 1995 Budget, adding recently established fees (winter water shut off fee and updated SAC and WAC charges. The Community Development staff has reviewed the Schedule and has noted several changes which are attached. In addition, staff is requesting that the Council discuss two additional fee issues (also attached in the memo from Paul Harrington) . Sama ha O uno, ity Administrator RECOMMENDATION; MEMORANDUM TO: SAMANTHA ORDUNO, CITY ADMINISTRATOR FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR x, " DATE: February 2 , 1995 SUBJECT: UPDATES TO FEE SCHEDULE Building Inspector Rick Jarson and Community Development Secretary Barb Benesch have put together the attached list of updates to the Mounds View Fee Schedule . The list includes additions as well as clarification of fees . Please note that those items which are underlined are proposed to be added to the schedule. Two additional issues which may warrant discussion at the Council level are : 1) Charging a fee for chronic reinspection of rental property during the yearly Certificate of Occupancy inspections . For example, the Building Inspector conducts a yearly inspection of common areas within each rental property in the City. The owner of the property is given a list of necessary repairs and a reinspection is scheduled (usually 30 days later) . Often, the repairs are not made and another inspection is required. If the repairs are still not made, the Building Inspector continues to schedule reinspections until the work is complete. This can take up a tremendous amount of the Building Inspector' s time . The Council may want to consider charging a fee for inspections required in excess of the initial inspection and reinspection. 2) Currently, tree-trimming businesses which service residents of Mounds View are not required to have any license (City or State) to operate in the City. Again, the Council may want to consider requiring these types of businesses to be licensed with the City in order to do business within the Community. Staff has received a number of calls relating to the noise generated by these operations . Licensing the businesses would allow City to place some regulation on the activity including hours of operation and noise levels . MEMORANDUM MEMO TO: Paul FROM: Barb DATE: January 31, 1995 SUBJECT: CHANGES IN FEE SCHEDULE Number 16. Pipe Fitting - A. gas, oil piping - use valuation table (See #90 for surcharge amount.). 18. Add: Refrigeration Work - b. Commercial - 1.5% of contract price but not less than $15.00 plus surcharge (See #90 for surcharge amount.) 20. Add: Heating and Ventilation Work - b. Commercial - 1.5% of contract price but not less than $15.00 plus surcharge (See #90 for surcharge amount.) 70. Street Opening Permit - $20.00 plus $500.00 to $700.00 per opening. (Check with Public Works/Community Development Department for exact amount of deposit). 90. A. Building Surcharge - Where the fee for the permit is based upon valuation, the surcharge is as follows: Surcharge Valuation of Work Computation $1,000,000 or less .0005 x Valuation $1,000,000 to $2,000,000 $ 500 + .0004 x (Value-$1,000,000) $2,000,000 TO $3,000,000 $ 900 + .0003 x (Value-$2,000,000) $3,000,000 to $4,000,000 $1,200 + .0002 x (Value-$3,000,000) $4,000,000 to $5,000,000 $1,400 + .0001 x (Value-$4,000,000) Greater than $5,000,000 $1,500 + .00005 x (Value-$5,000,000) Where the fee for the permit issued is fixed in amount the surcharge is 50 cents. (If the value of the permit is greater than $1,000,000 use the above table). - 2 - B. Heating Surcharge: Residential - $.50 Commercial - Use the above table. C. Plumbing Surcharge $.50 (If the value of the permit is greater than $1,000,000 use the above table.) D. Water Permit Surcharge - $.50 E. Sewer Permit Surcharge - $.50 102. Basic Floor Area $56.85 Air Conditioning Residential $ 2.49 Commercial $ 3.01 Sprinkling System $ 1.46 Garages Attached $16.86 Detached $13.52,