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Agenda Packets - 1995/05/01
MAY 1} 1994 COUNCIL 1t1/€ RK SESSION 7 �0 � M GENERAL DISCUSSION ISSUES 1. Continued Discussion of Water Service Connection Policy (30-40 minutes) 2. Discussion Regarding Peddlers/Transient Merchants/Solicitors (20 minutes) (Cathy Bennett/Michele Severson) . Fees Ordinance Changes 3. Presentation of Focus 2000 Steering Committee Report (Tim Cruikshank) (15 minutes) AGENDA MAY 1, 1995 PAGE TWO 4. Consideration of Pedestrian Bridge Services; Storm Water Ponding Alternative; Citizen Review Committee (Mary Saarion) (30 minutes) 5. Update on Manufactured Park Closing Ordinance (10 minutes) COMMUNITY DEVELOPMENT ISSUES 6. Discussion of Request for Off-Site Directional Signage (Paul Harrington) (10 minutes) 7. Discussion of Request for Rezoning, 7305 Knollwood Drive (Paul Harrington) (10 minutes) AGENDA MAY 1, 1995 PAGE THREE 8. Discussion of Building Permit Fees (Paul Harrington) (5 minutes) 9. Discussion of Recycling (20 minutes) Multi Family (Paul Harrington) Non-Profit Groups (Julie Trude) 10. Discussion of Hazardous Property (Paul Harrington) (5 minutes) PARKS AND RECREATION ISSUES 11. Consideration of Request to Bid Equipment Storage Building on City Property (Mary Saarion) (10 minutes) AGENDA MAY 1, 1995 PAGE FOUR 12. Consideration of Groveland Land Purchases (Mary Saarion) (10 minutes) 13. Consideration of Request for Contingency Funds for Match for Grant for Trees Along 610 Sound Barrier Wall (Mary Saarion) (5 minutes) 14. Consideration of Golf Course Liquor License Request (Mary Saarion/Michele Severson) (10 minutes) ( PUBLIC WORKS ISSUES 15. Discussion of Water Meter Changeout Proposal (Mike Ulrich) (20 minutes) AGENDA MAY 1, 1995 PAGE FIVE 16. Discussion Regarding Assessment Policy (Mike Ulrich) (20 minutes) 17. Discussion Regarding Street Standards (Mike Ulrich) (20 minutes) 18. Discussion Regarding Signalization of Pleasantview Drive and TH 10 Intersection (Mike Ulrich) (10 minutes) 19. Discussion Regarding Electrical Upgrade at Booster Station (Mike Ulrich) (10 minutes) • AGENDA MAY 1, 1995 PAGE SIX CITY COUNCIL ISSUES 20. Discussion of Support for MHFA's Motion to Continue with Their Foreclosure Proceedings Against Northridge Properties (Samantha Orduno) (5 minutes) 21. Discussion of Computer for Mayor and Council (Per Mayor Linke) (15 minutes) 22. Discussion of 6:00 p.m. Work Session (10 minutes) 23. Update on Regional Senior Center (5 minutes) 24. Discussion Regarding Highway 10 Consultant Services (5 minutes) . TO: MAYOR AND CITY COUNCIL FROM: SAMANTHA ORDUNO, CITY ADMINISTRATO DATE: MAY 1 , 1995 RE: INDEX FOR WEEK OF MAY 1 , 1995 MEETINGS SCHEDULED FOR THE WEEK OF MAY 1 , 1995 Council Meeting, May 1 , 1995, 7:00 p.m. ITEMS PROVIDED IN THIS WEEK'S COUNCIL PACKET . This Is It! . Agenda ****************** ADMINISTRATOR'S SCHEDULE (Please note that this schedule is subject to change as meetings are scheduled, rescheduled or canceled. At any time Audrey, Michele, or Tim C. will have my most current schedule and a number where I can be reached at all times . ) Monday, May 1 , 1995 7:00 p.m. Council Meeting Tuesday, May 2, 1995 9:00 a.m. - 12:00 Department Head Meeting Wednesday, May 3, 1995 8:30 - 2:30 p.m. State Partnership Meeting Thursday, May 4, 1995 Dr. Appointment 9:15 a.m. - in office by 10:30 Friday, May 5, 1995 CM OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 4_. lirSTAFF REPORT Report Number: —�516ws AGENDA SESSION DATE May 1, 1995 Report Date: 4.-27-95 DISPOSITION Item Description: Consideration of Pedestrian Bridge Services; Storm Water Ponding Alternative; Citizen Review Committee Administrator's Review/Recommendation: - No comments to supplement this report 11 4 41 - Comments attached. Explanation/Summary (attach supplement sheets as n• essary.) SUMMARY; City Councilmember Julie Trude will present to the City Council three issues pertaining to the construction of the pedestrian bridge across Highway 10. One is the recommendation for contracting engineering, design and inspection services with BRW. The second pertains to the opportunity to coordinate the pedestrian bridge project with ridding the storm water runoff pond that exists at the corner of Long Lake Road and Hwy 10. Thirdly is the appointment of a resident committee that can offer input to the design of the pedestrian bridge. Please review the memorandums provided from Councilmember Trude. Please recall that funding for the engineering, design and inspection services are not eligible in the grant. However, special project money is available for this purpose. Also, the $120, 000 match for pedestrian bridge construction is only 20% of the cost and is stated in the 5-year capital plan. Finance Director Brager has provided a memorandum that outlines the financing mechanism for this project. The funds do not use general funding, but instead special project funding and therefore will not impact the general operating budget for 1996. Finally, I wish to address concerns that the pedestrian bridge will not be used. Through proper planning and design, the pedestrian bridge will be used because the bikeway/walkway will lead users to the bridge and in fact hinder the crossing of Hwy 10 and Long Lake Road intersection with the use of barriers such as landscaping, decorative fencing, berming, etc. The key is in the design. Making the bridge an attraction with special features such as kiosks, benches, flowers, art displays, etc. is important for establishing a pattern of use. Ease of use is also a necessity. Fortunately, we have a very reputable and capable design firm in BRW that understands the needs for ease and elective use of the pedestrian bridge. It is anticipated that a representative from BRW will be present at the May 1 Work Session to respond to your concerns. • 4,; (Mary Sa ri , ctor of Parks, Recreation & Forestry R.E.COMMENDATION: STAFF REPORT (Subject: Pedestrian Bridge Grant) PAGE TWO The Pedestrian Bridge grant is provided through Federal funding at a 20% match with 80% funding . . . which is excellent funding! The Technical Advisory Committee (those recommending projects for award) gave this project more points, based on need factors, than any other project they reviewed. This bridge has been a project that has been talked about for many years, but because of the high cost it seemed impossible. This may be a once in a lifetime opportunity for the City of Mounds View to have the bridge funded 80% with Federal monies - an opportunity that the City of Mounds View will probably not have in the future. From:Julie Trude To:City of Mounds View 4/12/95 at 20:45:15 Memorandum To: City Council Fm: Julie Trude Date: April 12, 1995 Re: Interview Panel Decision on Ped. Bridge Engineering The interview panel (Mary Saarion, Jim Hess, Joyce Pruitt, Mike Ulrich and myself) has completed interviewing the 6 engineering/design firms who submitted proposals. We eliminated two firms after interviews and then conducted reference checks on the remaining four firms. The panel then consulted with our MN/DOT representative regarding the remaining candidates. We recommend the City Council authorize staff to enter into a contract with BRW, Inc. BRW will provide us with high quality architectural, design and project management services at a cost significantly below all other qualified candidates. Reference checks were done on many of their projects and they have a fine reputation. Some of their recent work includes the access ramps at the Mall of America, Victoria St. bridge over 694 and Centennial Lakes bridge in Edina. Mary and I met with Sabri Ayaz, bridge engineer and a principal with BRW, on April 10 to fine tune their cost proposal. Mr. Ayaz explained that because his firm would really like to have a project like this in their portfolio their proposal does not recover all of their actual costs. In discussing potential add-ons, Mr. Ayaz stated that mileage, photocopies, a public rendering of the final design, architectural services in working with our public task force, landscape plans, preparation of the federal paperwork, etc. are included in their proposal. This was not the case with some of the other firms. With the addition of preparation of the project memoranda to the RFP, their proposal for design& construction inspection is $62,780. (The second ranked firm was OSM at $63,093. SEH's proposal was $83,000 and did not include soil borings or a drawing for public display, etc.) Mr. Ayaz is a former Mounds View resident and would like to personally stay involved in all public aspects of this project which occur during evening hours, (he would be here on his own time). From:Julie Trude To:City of Mounds View 4/26195 at 15:14:20 Memorandum To: City Council Fm: Julie Trude representing the Ped. Bridge Interview Panel Date: April26, 1995 Re: Pedestrian Bridge Task Force All of the engineering/design firms recommended the city appoint a citizen task force to help determine the needs & desires of potential users of the pedestrian bridge. The engineering proposal provides for three task force meetings to accomplish this goal and one city council presentation. The interview committee discussed the potential diversity that would help create a functional design that encourages use and serves as a focal point in our city's center. With these factors in mind, Cathy Bennett, Mary Saarion and I have met and discussed groups and users that should be represented on this task force. We propose the following persons be appointed to the Pedestrian Bridge Task Force as representatives of the listed groups or users: Paster Enterprises - John H. Streeter, Construction Mgr. Hwy. 10 Task Force; Parks & Rec. Comm. - Gary Stevenson Marketing Task Force (& family biker) -Debbie Oman Daycare provider (stroller user/mother Edgewood student) -Kathy Schwalbe Sr.Citizens from Wildwood Manor/future users - George & Florence Johnson Irondale student who bikes, roller blades,playground leader -Angie Winkel Trailway Advocacy Group -Linka Holey Planning Comm. (& MNDOT employee) -Marshal Johnston Staff Representative -Mary Saarion Council Liaison - Julie Trude From:Julie Trude To:City of Mounds View 4112/95 at 17:46:38 Memorandum To: City Council Fm: Interview Panel/ Mary Saarion& Julie Trude Re: Ped, Bridge Surface Water Issues Date: April 12, 1995 During our interviews of engineering firms we repeatedly addressed the issue of the fenced ditch ("retention pond") in front of Bridgeman's. Several firms suggested we incorporate removal or enhancement of that eyesore with this project. Mike Ulrich thinks that the enhanced storm water system on Long Lake Road may allow for complete drainage. I've learned that John Streeter of Paster Enterprises actually began the process of working with the county to drain off the retention pond when Long Lake Road was reconstructed. Then he learned about Rice Creek Watershed and their pile of paperwork was a daunting task that was set aside. Mr. Streeter said Paster Enterprises would be very grateful if we could follow-through on this before the ped. bridge is built so the entire area is enhanced. Perhaps Paster Enterprises would be so grateful that some or all of the costs could be assessed if we are able to walk them through all that paperwork with Rice Creek Watershed. The possibility of including this additional project as an add-on was dicussed with BRW. Their firm has the capability and could give us a separate proposal for this project to be done in tandem with the ped. bridge construction. Of course, SEH could also be asked to provide a proposal on this project. Any documentation SEH has on the drainage in this area could be utilized by any engineer to resolve the problem. Samantha has assured us that such documentation is owned by our city and is not the sole property of SEH. Three Q's for the counsel: 1. Should staff begin discussions with Rice Creek about eliminating this retention pond? 2. Should staff meet with Paster Enterprises to discuss this project? i.e. will they pick up the costs, it's their parking lot creating the problem. 3. Should proposals be sought from BRW& SEH on eliminating this retention pond as part of the ped. bridge project? OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 2 111076 ,STAFF REPORT Report Number: 95-1314 AGENDA SESSION DATE May 1. 1995 Report Date: 4-27-95 DISPOSITION Item Description: Discussion Regarding Peddlers/Transient Merchants/Solicitors Administrator's Review/Recommendation: - No comments to supplement this repor• , - Comments attached. Explanation/Summary (attach supplement shee s as necessary.) SUMMARY; The City of Mounds View currently regulates Peddlers, Solicitors and Transient Merchants through a license and permit fee via Mounds View Municipal Code, Chapter 504. The fee for Peddlers, Solicitors and Transient Merchants is $60/day, $100/month and $500/year. In addition, the City requires a $10 investigation fee plus $2.50/person I.D. card. Over Easter weekend there were several flower vendors located at various places along Highway 10. Apparently, The vendors undercut the prices of the current flower store in Mounds View -- Addie Lane Florists. This has been a very upsetting issue for the owner of Addie Lane Florist, Carol Johnson, since the bulk of their sales are on the main holidays such as Easter, Mother Day, Valentines Day, etc. It is Ms. Johnson's feeling that the street vendors are unfair competition. The products they sell are not compatible and the consumer is being manipulated since they sell goods that a retailer would throw away. Only one of the four reported transient merchants held a license. In addition to the transient merchants along Highway 10, Michele receives approximately a dozen calls per month from residents complaining about peddlers and solicitors at their door or in their neighborhood. Most, if not all, of these peddlers and solicitors are not registered or have a permit. I have been in contact with City Attorney, Jim Thomson regarding the City of Mounds View's current ordinance regulating Peddlers, Solicitors and Transient Merchants. Mr. Thomson is researching current law and will be at the Council at Monday nights meeting for the discussion. In addition, Carol Johnson, Owner of Addie Lane Florist will also be in attendance to outline the hardship that the transient merchants cause her business during busy holidays. Cathy B tt, Economic Development Coordinator RECOMMENDATION; I 1 ) THIS IS IT . . . . For the Week of April 24, 1995 - April 28, 1995 ADMINISTRATION Agenda You will notice something new on the Work Session Agenda - estimated times for each item. The Mayor and I consulted on each Agenda item and estimated a discussion time period as a means of gaging the total time for the meeting. At various times over the years, the Council has discussed several ways to help curb the length of the meetings to a more manageable timeframe. One method that has been discussed in the past is, at the beginning of the meeting, determine what items on the Agenda can be dispensed with per staff report recommendations. Staff reports and accompanying hand out materials generally address issues to the degree that discussion on minor issues can be limited, if not dispensed with entirely. Many times, staff is providing "an update" and discussion may or may not be required. Therefore, at the beginning of next Monday night's meeting, the Mayor will ask the Council if they are comfortable with dispensing with certain Agenda items as per staff recommendation. North Metro Mayors Meeting Jerry Linke and I attended the North Metro Mayors Board of Directors meeting last night. Guest speakers were from the Architect Design School of the U. of M. The interesting note here is that they are involved with many aspects of housing studies, housing rehab programs and housing design/maintenance programs. It appears that housing is becoming a very hot issue, not only at the Legislature, but across the State. Jennifer will be contacting the Design Department staff and the University to set up a meeting to discuss our housing rehab issues and needs. Regional Senior Center I received a FAX this morning from the City of Fridley. They have formally "opted" out of the Regional Senior Center project. I have included the Resolution in This Is it. Spring Lake Park plans to follow suit with a similar resolution. Unless, the Council disagrees, I will prepare a similar resolution for you to adopt at the May 8 meeting, thereby finally and formally laying to rest the Regional Senior Center project. Samantha AIRPORT TASK FORCE MEETING The Airport Task Force willbemeetingat 7: 00 p.m. on Tuesday, - - May 2 in the Council Chambers. A MAC representative will be present to answer questions from the task force members. If you have a question that you would like asked, please let me know as I am developing a list of questions for that night. PERSONNEL ACTION NOTICES The PAN forms that are used to calculate wages were completed this week for all units and passed on to the Administrator, Finance Director, Department Heads and Employees for their signatures. The next step is for payroll to process the information. INSURANCE BENEFITS All employees are now enrolled in the PEIP health insurance group and the paperwork has been completed and approved. The new coverage will take effect 5/1/95. GOLF COURSE SUPERINTENDENT Mike Mueller, the new Golf Course Grounds Superintendent started his new employee orientation this week and will finish early next week. We usually have new employees complete this process in the first day or two, but the necessity for him to spend time with Kurt Johnson, who's last day is Friday, 4/28, altered this schedule. Tim C. League of Minnesota Cities - City Achievement Awards: • I have prepared and submitted three applications for the LMC - City Achievement Awards for 1994-95. The topics include the following: Management - Conversion from Line Item Budget to Program/Performance Budget Community Development - Public\Private Partnership for Development of Silver Lake Pointe Apartments. Cooperation and Consolidation - Joint Agreement between Mounds View, Fridley and Ramsey County for the reconstruction of Pleasant View Drive. Decisions for the awards will be reveled at the LMC Annual Conference in June. Communications: • I have been asked to speak to the Western Bank Advisory Group regarding proposed City programs for 1995. I will discuss the Business Loan Program, Housing Rehabilitation and Marketing. Mounds View's Image Statement: • After saying and using the approved image statement "Pride, Partnerships and Progress" it has been decided that the tongue has and easier time saying "Pride, Progress and Partnerships". Therefore, the statement should read: City of Mounds View - Pride, Progress and Partnerships! I will be preparing a press release marketing the new statement. • With regards to other marketing ideas that were presented in the program, have scheduled the next task force meeting for May 11 at 6:00 p.m. to prioritize, discuss funding and implementation. Cathy • (PARKS, RECREATION AND FORESTRY PARKS: * Steve and Jeff have been out measuring and painting track and athletic field lines for both Sunnyside and Pinewood Track Teams as well as the adult and youth softball/baseball fields. * The graffiti at Lambert Park playground equipment has been removed. In addition, Lambert infield was leveled. * Until summer seasonals arrive, Jeff and Steve are taking care of all the daily field grooming duties. It has been fortunate that the grass has been slow growing. PUBLIC WORKS * Mark and an operator from MnDot have been cleaning the Pinewood Storm sewer pond. Hopefully this will eliminate the backup of water into the street on Pinewood and area residential properties. • Zack Walder, a student at St. Cloud Technical College is working with the Water Division this week. He is pursuing a career in the Water/Wastewater industry, and is completing part of his internship with us. This is the second student that has requested to come to Mounds View. We are happy to provide him with the opportunity to receive hands on experience with in our system. * Water main flushing will begin on Sunday with the closure of valves throughout the system. Although no mains will be flushed until Monday morning, some disturbance of the system might occur, due to the change in direction of flow. Mains will be flushed Monday am. throughout the entire City, beginning with the large mains. Smaller mains will be flushed the remainder of the week, hopefully completing the flushing Thursday. Flushing may continue past normal working hours to complete an area of town. • Staff has been sweeping streets and continuing to rate roads. Sweeping will be completed prior to the water main flushing. Road ratings are anticipated to be completed within the next 10 days. • Staff has been notified by MnDot that road restrictions are anticipated to be in affect until May 15, 1995. All participants in the permitting program have cooperated accordingly this year. * Last week was Minnesota Clean Fuels week. Suburban Propane, the vendor which supply's us with propane, and conversion kits, requested that we display one of the City's squad cars for an exhibit. The display was held on the Capital grounds. The national energy secretary was in the Twin Cities for the event, and local media was also invited. As of this writing we have not received any printed materials of the event. Mike * Mary completed the Outdoor Recreation Grant application for development of Woodcrest Park. Mary met with both Kate Drewry from Rice Creek Watershed and SEH representatives for advice on the storm water runoff problems of this park. RECREATION: * Sharie worked all weekend to finish the preparation of the May/June City Newsletter. This was a BIG 48 page edition. * Mary and Brad have been attending recreation information meetings related to summer playground operations and youth athletic programming. * Summer program planning is underway- with programming,advertising,_ hiring, and making arrangements for trips and services. FORESTRY: * Landscaping has been completed in front of City Hall. The tree sale distribution was completed on Saturday, April 22. * Rick will be working with children of the community in planting projects - schools, scouts, and other youth groups. * Rick attended the Garden Club meeting and provided information of gardening. GOLF COURSE: * Mike was welcomed to the City of Mounds View Monday, April 24. He had a chance to meet with several departments. He has delved right into the work of the golf course. He and Kurt have worked together all week and have gone over the sprinkling system, the pump system, seeding and fertilizing and have been top-seeding greens and tees. * We had Kurt's send-off party at City Hall Thursday, April 27. Kurt heads up north to Coleraine Sunday. He had sold his home and has purchased a home in Coleraine. His wife and children will join him in Coleraine after school is out. We wish Kurt the best in his new job. * Kurt has worked with Mike this complete week and says that Mike is excellent. Kurt leaves knowing he is handing the job over to a very capable person. * We have had a number of customers at the range. It seems that whenever the sun is out there are customers. We are hoping for the sunny and warm weather which is forecast next week. Mary S. POLICE • Just returned from the Chief's conference in St. Cloud. Good conference. Topics included: coping with officer's death, off-duty employment, leadershipandethics,, and issues for small departments. • Dave Brick and some of our reserves will participate in a disaster drill with Ramsey and Anoka Counties on Thursday night. • On Saturday night, a black male went into Brook's, grabbed money from the till, and fled. He was arrested a short time later. A total of $182.00 was recovered. Tim R. FINANCE • The golf course has the same insurance coverages as all other City facilities. Mary Saarion and I are working on obtaining dram shop coverage. Appears it will cost $4,000 - $4,500. • Work continues on the Long Term Financial Plan. Department heads and other budget preparers have completed their Capital Improvements Program(CIP) and are finishing their first drafts of the Public Service Programs. Don COMMUNITY DEVELOPMENT MANUFACTURED HOME PARK WATER SYSTEM Staff has been working with Lynn Shellenberger of APAC (All Parks Alliance for Change) on the issue of water systems within the Manufactured Home Parks in Mounds View. Ms. Shellenberger is working on behalf of the residents of Mounds View Manufactured-Home Park to determine theresponsibleparty for-maintenance- of the Parks' infrastructure. Staff informed Ms. Shellenberger that all Manufactured Home Parks in Mounds View are responsible for their own maintenance of the water mains and services within the boundaries of the Park. The residents are concerned because there have been a number of repairs needed to the main in the last year and every time work is done, the entire Park is without water. Mike Ulrich and I will be sitting down to research the situation further and hope to have some information available for the residents and Ms. Shellenberger by the middle of next week. 4949 OLD HIGHWAY 8 As you will recall, Barb Matulsky, 4949 Old Highway 8 spoke to the Council on April 24 regarding her utility connection running across the Townsedge Terrace Manufactured Home Park property. Ms Matulsky was concerned that in light of the Joan Sandidge situation on Bona Road, she would be responsible for repair of the Townsedge Terrace property should service to her line become necessary. Staff will be meeting with County officials to determine whether or not easements exist for the location of Ms. Matulsky's service. I will keep Council updated on this situation. Paul H. OF Y REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 3. ONJ STAFF REPORT Report Number: 95-1315WS 111706 � AGENDA SESSION DATE May 1, 1995 Report Date: 5-01-95 DISPOSITION Item Description: Presentation of FOC 2000 Steering Committee Report • Administrator's Review/Recommendation: - No comments to supplement this repo • - Comments attached. Explanation/Summary (attach supplement sheets as n cessary.) ,SUMMARY; On Thursday April 6, 1995 the Focus 2000 Steering Committee met to review the Goals and Action Steps of the March 28, 1994 Focus 2000 Report. Attached is an analysis of this report which examines each Goal and Action Step identifying what action has been taken, the schedule of future actions and what goals and actions steps are in need of more attention. The analysis is broken down into the three topics that were studied by issue project teams: Housing and Neighborhoods; Growth, Development and Business; and City Government. Also included is a brief narrative by a steering committee member representing each of the three issue project teams summarizing the general status of their respective Goals and Action Steps. Some of the members of the Steering Committee will be present Monday Evening to present this report to the Council. CiA14611^k '7/114 Tim Cruikshank, Asst. To City Admin. RECOMMENDATION; APR-24-95 MON 10:31 BLOOMINGTON CVB FAX NO. 6128588854 P. 02 CITY OF MOUNDS VIEW FOCUS 2000 STEERING COMMITTEE HOUSING AND NEIGHBORHOODS ISSUES PROJECT TEAM We as the steering committee of the Focus 2000 plan feel the strategies and accompanying action steps cover most of the issues of the Housing and Neighborhood Section of the Focus 2000 report. However we would like to see some efforts devoted to the following areas: - - -- Community Center - We did not see any current efforts towards the goal of a community center. We feel strategies and actions need to commence soon in order to have a community center within the next ten years. Possibly research neighboring cities with community centers could be conducted in the short term. Please keep in mind that many of the concerns and issues raised by the housing and neighborhood project team hinge on, and would be addressed by, the future development of a community center. Drop-in Programs - The project team spent a great deal of time on this issue and met with a representative of the Mounds View School District. Our research found the need for a drop in program for middle school-age children. This is a program that would need to be funded by the City and or jointly with the school district. We researched a fee schedule and found this to be an attendance deterrent to "at-risk" youths whom we were most trying to reach. w 0 -o C) C) o = 0 y < -I 5 2 01 70 cn CD ' N d CD p N o r+ C "<7- d 74.- o 3 'n c s a ti MCD co CD d °o = a0. m -9 > .. >C � C 2 o D O. 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O 0 = a0 < 3 Q CO - y CD Cr O O 0 c„ O ti. y CD C N 0- C O O -- - - - -- --- - - - co fD 5.—- Q-- 5' - -— 157 CD -• 0 p) CDS nr. hCD y '< C) O '1tG N g 07 7 CD CD Z N • 3 a` co ,it CD CSD _y N 7 O 0 5 g CD '+ ,-i•7' Ccp co 3 • V_) CD .9i, C) h 0 0 '< 3' r+ c Z CSD r+ y CO y 3 'c CD N g CD T G In O p- -k CD CO O C, cn.0 0 h Z CD N 5 D m Z en —Im m O 22 O z 3 C) Z 0 en M1 m m DYNEX DYNEX Industries,Inc. 4751 Mustang Circle • St. Paul,MN 55112 • Bus.(612)784-4040 Toll Free(800)733-9639 • FAX(612)784-5397 April 7, 1995 Tim Cruikshank City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 re : Focus 2000 Steering Committee Dear Tim: Following is my narrative from our committee meeting on April 6, 1995, representing the section from the Growth, Development and Business Issue Project Team (Business Team) . Generally I feel the city is on track with the recommendations of the Business Team. As discussed, 2 sections to eliminate are : (a) The City will establish an Information Center for Mounds View, and (b) Survey existing wetland areas to determine the existence of any unique varieties of animal or plant life. / A specific request of the Highway. 10 business community was to relax the signage ordinance. Assuming the 1994 survey confirmed that this was a priority issue for many of these businesses, I would like to see action taken to get the job done . Would it help if one of the affected business took a '\ stab at drafting a revised signage ordinance? Concerning the turnback of Highway 10 from MN/DOT, it was proposed that once a year the City inquire to MN/DOT their intentions so that the City would receive a 5 year notice that the turnback would be taking place. At that 5 year date, then City planning could actively commence. 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'D0 ,y•+• O'coO 'D Q 2 a N N COD 0 n 7 C7 �, y C� 0 d 0 N rt 9 COD N n CD 0 -D d Q 0 O O O CD < fD 0 Cn O 7 c0 °0 0 s C 7 ?� . 3 0 ' 0 0 0 Q CO C ca a CD N < 0 7 CD rt Cn N 0 13 rt C 7 0) •D < X 7 0 C) 0O CS .D 0 C h 0 Cn 7 -4, 5.n '+ CD Z. C 0. CO N 'D 7 CD 0 CD Dc07 CD CD 7 CD CD rt co a CD G Q 0 Q o O u) 1,1)v O Cn d 7 7 N N N O p 13 m Z ti -0 'o 0 Cr I D m 7 C)) 0 0 0 0) 0) 7 '< co CD D n Cn N CO 7 O D 7 7 7 C0 m 6 CE n 3' a y "+. Q. CD CD 7 A Q 7 0 CO CO 0 _a CO • 7 cn --• CO co 7 CO CO CO 0 'D 0)"O CO CO CO D O al 7 p) D ()l au ()l O� f0/) 0 7 C) Q CD a O 0 0 7 ,7+ Cfl _ 0 O cD o) ,°+ a CO Z '0 j rt CD Cl) O cia 7 7 7 Cl C31 O C 7 n 7 5 Cn CD m co 3 z o O0 Q EOQ m cD Z m C cn E GT C -I Q m M SENT BY: 4-26-95 ; 9:04 ; 612 784 3462;# 2/ 3 Sent by fax to 784-3462, April 26, 1995 Tim Cruikshank, Assistant City Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 Regards: _ Focus 2000 Steering Committee,_ Dear Tim: The following is a summary of the April 6, 1995, Focus 2000 Steering Committees' review of the goals and actions statements as presented by the "City Government Issue Project Team", as modified by the City Council and published in the Focus 2000 March 28, 1994 (purple) report. The City Government Issue Project Team organized their issues into three headings: Communication Goals, Service Delivery Goals, and Finance Goals. Communication Goals: All Communication Goals have been addressed. The majority of the Communication Goals were achieved by expanding the City's newsletter. Additional emphasis is needed to insure that all residents and businesses receive the newsletter. Many businesses need to receive more than one copy of the' newsletter. Expanded electronic communication is seen in improved Council meeting coverage and additional programs featuring the Mayor and other programs covering specific areas of the City. Computer access is being implemented. Service Delivery Goals: All Service Delivery Goals have been addressed. Implementation of Performance-Based Budgeting and continuing to provide services as cost effectively as possible, are key action steps for this goal. Also important to this goal is to make sure that all segments of the community remain involved and well informed of the actions of city government. This is a on-going goal that is achieved daily by city staff. Finance Goals: All Finance Goals have been addressed. Requests for resident participation during all phases of the budgeting process is seen in newsletters, direct mailings and during Council meetings. City financial information is easily accessible. More attention needs to be given to the action step that non-essential services be identified and become self supporting. Stability of the property tax rate is supported by the City. SENT BY: 4-26-95 ; 9:05 ; - 612 784 3462;# 3/ 3 In conclusion the goals of the City Government Issue Project Team have been achieved. The majority of the action steps are now labeled with "Continue to" rather than implement, expand or consider. Sincerely, Bill Wilson 00 x 5 n * co x c < -a n m C) 3 Cn m () m o < O -0 't3 CD 0 0 10 = 0) 0 7 y y y - N =F.•O O 0) y O O DJ - C 0) N C V r+. O. 7 5 C N 0) N C CCD CD N CD CC f'Co p_ CCD �, y O j c. t. '..t N 7 p„ 0. . m. O CD N C. 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CD '.< d C.' 7' 7 7 7• CD 7• 7• Z. 3 7 7' 7• CO CO co C) =I% 5 6 7 co co co m ,-C• co C CD = CO Co Co > -P •P CU 7 CO aa y' y ,•+ C) CCD Q N 0 -' y C2 CO d Oi. 71 -1 0 C y h co G y (SI o -ti o 0 6 c0 CD C y O¢ a. y coco CD' 5 N 5 C 0 CD 7 7C y -o 3 7 CD 0 o c) rF 7 CO r7,F co CL C) N O E m Em m m z N C) O M K 1 m m I CM OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 5. 0UNDS STAFF REPORT Report Number: 95-1317WS AGENDA SESSION DATE May 1, 1995 Report Date: 4-2-7-95 DISPOSITION Item Description: Update on Manufactured Park Closing Ordinance Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Attached please find a memo from Jennifer Bergman regarding Jim Thomson's recommendation that the City's draft closing ordinance be placed on hold pending settlement of a Bloomington lawsuit. The Bloomington Closing ordinance is being challenged in the courts on several points. This issue was discussed with the Manufactured Home Park Closing Committee. Staff is seeking Council consensus that it is in the best interests of the City to abide by the City Attorney's recommendation. ( _A, Sama ha Ordu • , City Adminis rator RECOMMENDATION: MEMORANDUM TO: Samantha Orduno, City Administrator FROM: Jennifer Bergman, Housing Inspectot b DATE: April 26, 1995 SUBJECT: Manufactured Home Park Closing Ordinance The committee appointed to work on a manufactured home park closing ordinance had their first meeting on March 21. They were given a copy of Bloomington's ordinance and MN Statute 326.95 regarding closings of manufactured home parks and met twice after that to review and make comments on the ordinance drafted for the City of Mounds View. The proposed ordinance with the committee's comments were sent to the City Attorney, Jim Thomson. After reviewing the proposed ordinance, Jim informed us the City of Bloomington and the City of Wilmar are currently in litigation over manufactured home park closing ordinances. The primary issue of the lawsuit pertains to the requirement to pay relocation costs. Because of this, he has recommended that we postpone passing this ordinance until the lawsuit is resolved. A hearing on the lawsuit has been scheduled for June. The committee agreed postponing the passing of the ordinance would be in the best interest of all parties involved given the circumstances. The concern is, however, the process could last indefinitely with the appeal process. Two committee members, a representative from All Parks Alliance for Change (APAC) and a manufactured home owner, requested the date of the Council meeting when the ordinance will be discussed so they could be present to make comments. 04/20/95 09:01 CITY OF BLOOMINGTON ADMIN DEPT 3 93379310 NO.458 P002 ,�,.. DECReo • STATE OF MINNESOTA F OFFICE OF THE ATTORNEY GENERAL ST. PAUL 55155 ADDRESS REPLY A7: HUBERT H. HUMPHREY,III 523 PARK=Err ATTORNEY GENERAL S 200 sx PAUL.MN 5.1103December 8, 1989 TELEPHONE: Maeda Fat d Ma)297404s HAND DELIVERED S0QJ1ofCOICP1 1974050 Mr. David Ornstein City Attorney City of Bloomington - 2215 W. Old Shakopee Road Bloomington, MN 55431-3096 Dear Mr. Ornstein: This letter is in response to your November 1, 1989, letter to Attorney General Humphrey. In your letter, you explain that Minnesota Statutes $ 327C.095 ( 1988) authorizes a municipality to adopt an ordinance requiring payment of compensation to residents of a manufactured home park if that park is closed or converted to another use. The statute permits a municipality to require the owner of a manufactured home park to pay the reasonable relocation costs incurred by a manufactured home owner. Further, the statute permits a municipality to require that other parties involved in the park closing pay additional compensation to the residents. Out of concern about the financial impact on residents of actual and potential closings of manufactured home parks in Bloomington, the City Council. enacted Ordinance No. 89-57 pursuant to the authority granted by Minn. Stat. § 327C.095. The ordinance requires park owners to pay reasonable relocation costs to residents if the park is closed or converted to another use. The ordinance also requires the purchaser of a park to pay to a resident the estimated market value of their home, as determined by the City Assessor and the resident 's most recent property tax statement, if the resident cannot relocate within a 25 mile radius and tenders title to the home to the park purchaser. Finally, mvsthat the al ntion paid to displaced residents may notexceedtwentypercent ofthe purchase price of the park. Based on these facts, you ask the following questions: 1. Whether Minn. Stat. 5 327C.095 ( 1988) , which authorizes a municipality to require owners of( manufactured home parks to pay displaced residents reasonable relocation costs and to require other parties to pay additional compensation to such displaced EMIT/. 04/20/95 09:02 CITY OF BLOOMINGTON ADMIN DEPT - 93379310 NO.458 P003 Mr. Ornstein . Page 2 residents, violates the taking clauses of the Minnesota and United States Constitutions. 2 . Whether Minn. Stat. $ 327C.095 (1988) violates the equal protection clause of the United States Constitution. 3. Whether Minn. Stat. S 327C.095 (1988) authorizes a municipality to require a party other than the park owner to pay to a resident of the park the estimated market value oftoheanother parkdandme hasftenderedthe ltitle cannot relocatee to the home. on 4 . Whether an 1nance violatessuch thestaking icauseslof the ty Ordinance No. 89-57 Minnesota and United States Constitutions. you have previously discussed with Assistant n Attorney ytGeneral As ygenerally P Ken Reschke, this office does not g Gen. constitutionality of statutes and ordinances . 198. Atty. Gen. 629-a, May 9, 1975; lee Minn. Stat. S 555. 11 ( 1988) . r, I hope that the following discussion may be helpful to you. I. THE TAKING CLAUSES. Minn. Stat. S 327C.095, subd. 4, provides in part: change in use or anyr cessation of operation and as a condition of the change, the governing body may require a payment by the park ownei to be made to the displaced resident for .their reasonable relocation costs. If a resident cannot trrrelocate e the a 5home eto oadius another manufactured home dosed, the is of the park that is being residentan averageisof entitled to relocation costs based upon relocation costs awarded to other residents . overning body of the municipality mayalso require that other The g parties, including the municipality,involved in the park closing provide additional compensation to residents to mitigateadverse upon the the residents. financial impact of the park closing . 4 You have asked whether Minn. at. S 3270.095, iibdd United( 1988) , violates the taking clausesthis office, does not States Constitutions . As noted above, { 04/20/95 09:02 CITY OF BLOOMINGTON ADMIN DEPT 4 933'?9310 NO.458 P004 • • Mr. Ornstein Page 3 generally render opinions regarding the constitutionality of state statutes. However, I hope that the following discussion will provide you some guidance on the taking clauses . Generally, the government may regulate land to a great extent, and only if the regulation goes beyond certain limits, will it be considered a compensable taking. Pennsylvania Co. v4 -Mahon, 260 U.S. 393, 413 (1922) . A land use regulation does not constitute a compensable taking under the Fifth Amendment to the united States Constitution) or under Minnesota Constitution, art. I, S 13,2 if it "substantially advance[s] legitimate state interests" and does not "den[y] an owner economically viable use of his land. " Nollan v.. California Coastal Comme'n, 483 U.S. 825, 107 S. Ct. 3141, 3146 (1987.) , citing AQins v. Tiburon, 447 U.S 255, 260, 100 5. Ct. 2130 (1980) ; Earrano Bros. v. ity of New Brighton, 425 N.W.2d 585, 590 (Minn. Ct. App. x988) . The question of whether a regulation constitutes a compensable taking involves a balancing of public and private interests and an inquiry into the facts of each case. Connolly_ vv Pension Benefit Guarantee oro., 475 U.S. 211, 224 , 106 S. Ct. 1018, 1026 ( 1986) ; Parranto Bros. , 425 N.W.2d at 590-91, citing AQins, 447 U.S. 260-61. Minnesota courts and federal courts generally have applied the following three factors in making such an inquiry: (1) the character of the governmental action; (2) the economic impact of the regulation; and (3) the extent to which the regulation has interfered with distinct investment-backed expectations . Penn Central Transportation Co. Y. New York City, 438 U.S. 104, 98 S. Ct. 2646, 2659 (1978) . 1/ The Fifth Amendment to the United States Constitution provides that "nor shall private property be taken for public use, without just compensation. " 2/ Minnesota Constitution art. I, S 13, provides that "private property shall not be taken, destroyed, or damaged for public use without just compensation therefore, first paid or secured. " . ./ A taking claim under the federal constitution would not be ripe for adjudication until available state remedies have been exhausted. Williamson planning Comm'j v. Harn' agl... ank, 473 U.S. 172 (1985) . Minnesota courts do, however, rely upon federal case law in analyzing taking claims pursuant to the Minnesota Constitution. 04/20/95 09:02 CITY OF BLOOMINGTON ADMIN DEPT 4 93379310 NO.458 P005 v. • Mr. Ornstein Page 4 A. The Character of the Governme Action. Since c ha a v. Cit of ariba t, 292 N.W.2d 253 (Minn. 1980) , Minnesota courts have tended to analyze the character of the governmental action on a three-tiered basis. In the McShane case, the court recognized, first, a distinction between activity which constitutes a physical invasion by governmental activity and land use regulation by the government. 292 N.W.2d at 257. Here, there is no actual physical, invasion of park owners ' property by the government. Next, the court made a further distinction in the character of the governmental action by dividing land use regulations into two categories. Relying on Euclid v. Ambler Realty Co. , 272 U.S. 355, 47 S.Ct. 114 (1926) , the court acknowledged that almost all land use regulations would be found not to constitute a compensable taking unless they deprived the landowner of all reasonable uses of the property. McShane, 292 N.W.2d at 257. Hence, land use restrictions have repeatedly been upheld against taking challenges although there had been a significant: diminution in the value of the property as a result of the regulation. Id. These types of cases involve land-use regulations which effect a comprehensive plan, or offer a reciprocal benefit and burden to all. Id. The court termed these "arbitration" regulations. Id. at 258. The McShane court distinguished arbitration regulations from what it termed "enterprise" regulations. 292 N.W.2d at 258. . Where a regulation is found to benefit a governmental enterprise, such as the municipal..airport in McShane,. the appropriate analysis is more beneficial to the landowner. With enterprise regulations, " Juin essence, the public has appropriated an easement. In such cases, . . the burden on the landowners is grossly disproportionate to the burden he should be expected to bear as an ordinary citizen, and the use of regulation to take his property rights is, in effect, a shortcut to avoid compensation. " Id. Consequently, in such cases, a property owner is entitled to compensation where the property has suffered a measurable and substantial diminution in market value. Id. at 258-59 . Only where a case involves a regulation which clearly benefits a government enterprise, such as the municipal airport in McShane, do Minnesota courts apply the enterprise function standard. Generally, Minnesota courts conclude that land-use regulations serve arbitration functions and find no taking unless all reasonable uses of the property have thereby been precluded. 04/20/95 09:02 CITY OF BLOOMINGTON ADMIN DEPT -* 93379310 NO.458 P006 Mr. Ornstein page 5 Hubb- d Bro- .ca tin• nc: V. it of Af on, 323 N.W.2d 757 ( 1982) (regulation$ • ' ' re lation by zoning ordinance does not constitute taking unless it deprives all reasonable uses) ; parranto Br s . , 425 N.W.2d at 592 (rezoning considered an arbitration function) ; Larsov_ 902, 907 (Minn. Ct. App. 1986) (denial of rezoning request serves an arbitration function) ; Carl Bol de & an c, v.1985) (denial of biil is., 378 N..W.2d 826, 829 (Minn. Ct. App. building permit in historical �heduled to beistrict serves acquiredtbyncity for function even where property s park development) . The United States Supreme Court in the Connolly case found that the regulation at issue served as a safeguard to the pension participantsrequiring a withdrawing employer to fund its share off thee plan qu obligations igations incurred during its association with the plan. " 106 S. Ct. at 1026. This did not indicate a taking since the program adjusted "the benefits and burdens of economic life to promote the common good . Id. As the court cautioned, "it cannot be saidthat the Taking Clause is violated whenever legislation requires one person to use his or her assets for the benefit of another. " 106 S. Ct. at 1025. Furthermore, "Legislation readjusting rights and burdens is not unlawful solely because it upsets otherwise settled exp ecations . . This is true even though the effect ofthe alegislati n is to impose a new duty or liability based on past quoting s- v. Tu e E k •rn Mi i • o. , 428 U.S . 1, 96 S. Ct. 2882 ( 1976) . . However, not all .regulations are easilrbclassified as s�t "� exclusively "enterprise or exclusively "a9 i.r"arbitration. " 773 r,Mate, Department o Natu a1 Resource51 309 N,W. the 7, 773 (Minn. 1981j . In Eras, regulations p mechanical wild riCe pickers in public waters, as applied to plaintiff ' s property, were held to serve a combination of the �� at 774 . One section enterprise and arbitration functions. thea774 .prohnon ts an of the regulations stated explicitly alternative to government financiaassistance�and awas enaceto discharge a moral obligation to therite 773. Thehe. court believed this to be indicative t f an theregulationsservedio . a d. The court also found, however, arbitration among competing conservation function, constitutingr harvesters . ,a. The court found neitherter thetade r itration norrtthe enterprise function tv be predomin prominent. It then concluded that efan enterpriseu function is at least prominent, a taking Yd. at 774 . and measurable diminution of property value. 04/20/95 09:02 CITY OF BLOOMINGTON ADMIN DEPT + 93379310 NO.458 P007 • .r Mr. Ornstein 'Page 6 In the present case, it is clear -that Minn. Stat. S 327C.095 does not involve actual physical invasion by the government. However, it may not be as clear whether the statute serves an arbitration or enterprise function. It could be argued that the statute serves an arbitration function, in that it arbitrates among the ways in which a landowner uses property. A court could find that the monetary payments to homeowners, here, like the monetary payments to pension plans in onaallx, readjust the rights and burdens of economic life without serving a government enterprise. On the other hand, as in Pratt,, it could be argued that the government is requiring a private party to shoulder a burden more properly placed upon the government welfare enterprise. B. The Economic Imgact of tie Regulation. The next factor in a taking analysis is the economic impact of the regulation upon the property. As explained above, depending upon the character of the governmental action, a different level of economic impact is necessary before the courts will find that a taking has occurred. If a regulation serves an arbitration function, a property owner will be entitled to compensation only if the property is thereby denied of all reasonable uses. McShane, 292 N.W.2d at 258, citing Penn Central, 98 S. Ct. 2646. Where land use regulations serve an enterprise function, " [t]here must be compensation to land owners whose property has suffered a substantial and measurable decline in market value as a result of the regulations. " gah_ane, 282 N.W.2d at 258-59. The standard of denial of all reasonable uses is a difficult standard for a property owner to meet. Numerous uses have been considered "reasonable" by the courts. Particularly where an existing use may be continued, courts generally refuse 5to.findere nd that a taking has occurred. Penn entra , 98 S. Ct. a regulation creates a situation such that the property is not suitable for any of the primary uses allowed, but secondary uses remain which are not unreasonable, courts generally will find that the owner has not proved denial of all reasonable uses . Larson, 387 N.w.2d at 908. It could be argued that the park owners have not been denied any uses of their property by imposition of Minn. Stat. S 327C.095. If, however, as a result of the statute, the park owners are so burdened as to not be able to convert the property to another use, there could be an argument made that they had been denied all reasonable uses. On the other hand, that 04/20/95 09:03 CITY OF BLOOMINGTON ADMIN DEPT 4 93379310 NO.458 P008 Mr. Ornstein. Page 7 argument might fail unless the existing use as a manufactured home park also is unreasonable. It appears that this factor would depend upon the circumstances. It would depend upon what uses are available for the property in question. Furthermore, what is reasonable in one situation may not be reasonable in another situation. If, on the other hand, a court should find that the statute serves an enterprise function, or a combination arbitration- enterprise function as in the Pratt case, a park owner would have to show that the property has suffered a substantial and measurable diminution in market value because of the statute. However, often a regulation will vastly decrease the worth of a piece of property by prohibiting even the most valuable use of it. Courts consistently have said that this does not necessarily give rise to a compensable taking. E.Q. , Euclid v. Ambler ealty, 272 U.S. 365, 47 S. Ct. 114 (1926) (75% diminution in value found not to constitute a taking) ; fadacheck v. Sebastian, 239 U.S. 394, 36 S. Ct. 133 (1915) (diminution in value from $800,000 to $60,000 upheld) . Mere diminution in value, by itself, cannot establish a taking. Andrus v. Allard, 444 U.S. 51, 100 S. Ct. 318 (1979) ; Penn Central, 98 S. Ct. at 2663. The other factors in the analysis play a role as well. In Connolly, the regulation at issue completely deprived a participating employer of "whatever amount of money it is obligated to pay to fulfill its statutory liability. " 475 U.S. at 225 . The court noted, however, that the assessment was made becauseof the relationship between the employer and the pension plan in which it had voluntarily participated. The court' gave significance to the" fact that th6 'act had numerous provisions which moderated and mitigated the economic impact upon the individual property owner. Id. Also, giving yet another indication that such analysis depends upon the circumstances of a given case, the court noted that there was no showing that "the A/ The Minnesota courts repeatedly have upheld land-use regulations claimed to be unconstitutional takings where the property value has declined substantially as a result of the regulations. McShane,, 292 N.W.2d 257, citing State, by powder y v. Erickson, 285 N.W.2d 85 (Minn. 1979) ; Holoway v. c.it of z estone, 269 N.W.2d 28 (Minn. 1978) ; sec v. C't of $t. Paul, 304 Minn. 438, 231 N.W.2d 919 ( 1975) ; Connor vim. Township of Chanhassen, 249 Minn. 205, 8]. N.W.2d 789 ( 1957) ; Alexander Co _v qty of Owatonna, 222 Minn. 312, 24 N.W.2d 244 (1946) . 04/20/95 09:03 CITY OF BLOOMINGTON ADMIN DEPT -* 93379310 NO.458 P009 Mr. Ornstein Page 8 . withdrawal liability actually imposed on an employer will always be out of proportion to its experience with the plan . . . . " Id. at 226. C. Interference with Distinct Investment-Backed Expectations. The third factor in analyzing a taking challenge, is the effect of the regulation on the property owners distinct investment-backed expectations. These expectations must be reasonable. Connolly, 106 S. Ct. at 1027. •The Supreme Court also has noted that "perhaps because of its vary uncertainty, the interest in anticipated gains has traditionally been viewed as less-compelling than other property-related interests . " Andrus, 100 S. Ct. at 327. The Connolly case is particularly instructive on this point because it too involved direct monetary payments. In analyzing this factor of the taking test, the court noted that pension plans had been regulated for quite some time, giving notice to `{ employers that their involvement with the plans were subject to restrictions . 106 S. Ct. at 1027 . "Those who do business in the regulated field cannot object if the legislative scheme is buttressed by subsequent amendments to achieve the legislative end. " Id. at 1027, quoting PHA v. The Darlincton, Inc: , 358 U.S. 84, 91, 79 S. Ct. 141 (1958) . Depending upon how long a park owner has been in the business, and how long relative to that time manufactured home parks have been regulated, it may be argued that a park owner either had notice or did not have notice that the field was regulated and could be subject to further . regulations. Analysis of this factor also depends upon the actual investment-backed expectations held by a park airier when purchasing the property or entering the field of park operation. D. Conclusion. Analysis of these three factors demonstrates the extensively ad hoc nature of regulatory taking analysis. The above-cited cases indicate that it is generally difficult for a property owner to prove that a regulatory taking has occurred. This may be particularly true as to the regulation of housing conditions, regarding which the United States Supreme Court has cautioned that "States have broad power to regulate housing conditions in general and the landlord-tenant relationship in particular without paying compensation for all economic injuries that such regulation entails . " •_etto v. e_e•ro -ter M-nhattan Coro. , 458 U.S. 419, 440, 102 S. Ct. 3164 ( 1982) ; Sem Also 04/20/95 09:03 CITY OF BLOOMINGTON ADMIN DEPT -* 93379310 N0.458 P010 . J Mr. Ornstein, Page 9 en ell v. it of Jose, 485 U.S. 1, 108 S. Ct. 849 (1988) (statutes regulating landlord-tenant relationships are not per-se takings) . On the other hand, overall, the ad hoc factual inquiries engaged in by the courts make it difficult to predict whether a court would uphold Minn. Stat. S 327C.095 . The particular circumstances involved would. be important to the analysis. • - II. EQUAL PROTECTION. Minn. Stat. S 327C.095 is a general economic regulation. In the area of business legislation, courts generally are more • deferential to the judgma�tof �sor elegislature. classifi.cations.does not touch upon fundame rghto this Consequently, the rotect on clausereview wouldpbectheerational case under the equal p relationship test. Pennell, 108 S. Ct. at 858. The inquiry tion becomes whether the legislative and$otheralandlords} fisSsumedly between mobile home park rationally rela -�ttv oachievement of legitimate e.govern449 ment 456, purposes . innte 101 S. Ct. 715, 723 ( 1981) . In kannsil, the Supreme Court found that a rent control statute served the lei8S8ateSpecifically,se st of such protecting snwere tenants . 108 S.Ct. at with relatively intended to protect, among other things, "persons fixed and limited incomes, consumers, wage 'earner. , •. . from quoting undue impairment of their standard of living.64 S. Ct. 641, 646 Bow es vwi . llina g m, 321 U.S. 503, 513 n.9r n.9 ( 1944) . The ,court .decided that it was rational foran thehrentr e rent control law to treat some �anntsrdwhendn ifferently timate purpose of ased or not they had hardship t tenants. Id. at 859 . the law was to protect hardship The mobile home park owneonsh�chdthehave classificationf�.showi.ng that "the legislative facts be conceived to be true by apparently based could not reasonably 101 S. the governmental decision-maker. " Clot40 Ur_Ana• 93rjame 1 1, Ct. , S. Ct. at 724, quoting vanct v. Bradly, Ct. , 939, 950 (1979) . They also would have to establish the statute' s unconstitutionality beyond a reasonable doubt. Smith ar. it of w to na, 439 N.W.2d 36, 41 (Minn. Ct. App. 1989) . Of course, the inquiry would depend on the facts behind the statute. Clearly, its purpose is essential to the tana otic. If, as in Fennell, Minn. Stat. 5 3270.095 is designed 04/20/95 09:03 CITY OF BLOOMINGTON ADMIN DEPT -* 93379310 NO.458 P011 Mr. Ornstein page 10 tenants in a hardship position, the purpose may be found legitimate. If the facts upon which the classification is based could reasonably be believed to be true by the legislators, a court would defer to the legislature in its choice of classification. Finally, the classification of manufactured home park owners may arguably be rationally related to the purpose of the statute, if that purpose is to protect manufactured home owners in a hardship position. III. THE BLOOMINGTON ORDINANCE You inquire whether the provisions of the Bloomington ordinance are within the authority provided by Minn. Stat S 327C.095, subd. 4. For the followingreasons, we conclude that, on its face, the ordinance is within the scope of authority of the statute. Words and phrases in statutes and ordinances • should be construed according to their common and approved usage. Minn. Stat. $ 645 .08 (].) (1988) ; 5tandaf_er v. .Frst, Yat' l Bank of, Minneapolis, 236 Minn. 123, 52 N.W.2d 718 (1952) . The provision for additional compensation refers to other partite. This provision falls after the provision for relocation costs from the park owner. This indicates that the additional compensation may be required only of someone other than the park owner. Next, the party paying such additional compensation must be involved in the park closing. Logically, the purchaser of a manufactured home park who plans to convert its use is involved with the park closing. . The reference to a ditional _compensat'on comes after the provision for reasonable relocation costs in the preceding . paragraphs . Therefore, it Follows from the common usage of the term additional that this 'refers to compensation beyond relocation costs. . The purpose of the provision for additional compensation is stated in the text of subdivision 4. That purpose is "to mitigate the adverse financial impact of the park closing upon the residents . " Minn. Stat. S 327C.095, subd. 4 . Each of the above points is arguably clear from the express language of the statute. What is not expressly clear from this provision is how far beyond reasonable relocation costs the additional compensation may go, keeping in mind its expressly stated purpose. In other words, the real question here is whether the requirement in the ordinance that the purchaser of a 04/20/95 09:03 CITY OF BLOOMINGTON ADMIN DEPT + 93379310 NO.458 P012 y ) Mr. Ornstein Page 11 park pay the es 'mated market value of manufactured homes to certain owners exceeds the authority of the statute. Ordinances, like statutes, are presumed valid. They are not to be overturned unless clearly invalid. City of St. Paul v. ekeda is, 293 Minn. 334, 199 N.W.2d 151, 153 (1972) . Keeping that in mind, the "lack of explicit statement in the statute may hinder, but does not prevent, ascertainment of the meaning. Often, . . . a statute speaks as plainly by inference and by means of the purposes which underlie it as in any other manner. " $tate. Ervin v. Goodman, 206 Minn. 203, 207-08, 288 N.A. 157 (1939) . A statutory requirement encompasses "all such incidental, collateral, and subsidiary consequences as may be fairly and logically inferred from its terms. " IA. at 208. This rule of constru���.onapplicable in Minn.to Statthe $ 327Cr095tion of the scope of auth y granted The statute is broad in its grant of authority to municipalities to require "additional compensation. " Given this broad authority, the ordinance provision requiring park purchasers to pay to homeowners the estimated market value of their homes in limited circumstances may bbe fairlyand logically ordinance inferred from the terms of the statute. provides a cap on total compensation to homeowners of twenty percent of the purchase price of a park appears to reflect the mitigation purpose of the statute rather than an allowance for a windfall to homeowners. Consequently, it is fair to say that the ordinance, on its face, falls within the scope of authority of the statute. It is possible, however, that in its application to a given set of circumstances, the ordinance may not be a reasonable exercise of the express purpose of the additional compensation provision of the statute. Finally, you ask whether the city ordinance passed pursuant to Minn. Stat. § 327C. 095 violates the taking provisions of the . Minnesota and United States Constitutions.5 The same ad hoc factual inquiry as i described above with respect to the statute would apply to the ordinance as well. Therefore, as with the question of the statute's constitutionality under the taking clause, I am unable to give a concrete opinion as to whether the 1/ As I indicated with respect to the statute, a claim under the federal conet��austed would�illiamsone premature el7�til state remedies ar 04/20/95 09:03 CITY OF BLOOMINGTON ADMIN DEPT + 93379310 NO.458 P013 • 477N • 'i Mr. Ornstein • Page 12 ordinance passes constitutional muster. I again suggest that you use the cases cited above to assist you with this issue. I hope the information and suggestions with which I have provided you are of assistance. Pr Si t rely, SARA H. JONS Special Assistant Attorney General (612) 297-1136 SHJ:gpr/ cc: ✓Bob Hoffman Lee Roderick 04/20/95 09:04 CITY OF BLOOMINGTON ADMIN DEPT 3 93379310 NO.458 P014 BLOOMINGTON CITY CODE SEC. 15.73. PUBLICHYING. 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. (Added by Ord. No. 89-57, 10-30-89) 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 verification 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 moving the displaced resident's manufactured home and personal property. including the reasonable cost of dissembling, moving and reassembling any 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. (8) 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. (Added by Ord. No. 89-57, 10-30-89) 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 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. (8) 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 find purchaser of the park shall not exceed twenty percent of the purchase price of the park. (Added by Ord. No. 89-57, 10-30-89) 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. (Added by Ord. No. 89-57, 10-30-89) 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. 15-15 04/20/95 09:04 CITY OF BLOOMINGTON ADMIN DEPT 3 933'79310 NO.458 P015 BUILDINGS AND STRUCTURES (c) The City shall not issue a building permit in conjunction with reuse of manufactured 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. (Added by Ord. No. 89-57, 10-30.89; Ord. No. 93-2, 1-11-93) SEC. 15.78. EFFECTIVE DATE. This ordinance shall be effective thirty (30) days after publication. (Added by Ord. No. 89-57, 10-30-89) ARTICLE V. SECURITY DEVICES Added by Ord. No. 67-71, 12-28-67 SEC. 15.92. SECURITY REQUIREMENTS - EXEMPTIONS. All ,existing and future buildings in the City of Bloomington used by any person for the purpose of conducting, managing, or carrying on any business, with the exception of those hereinafter described, shall, when unattended, be so secured as to prevent unauthorized entry in accordance with specifications for physical security of exterior accessible openings as provided in this Article. A building shall be considered unattended when not occupied by a watchman, maintenance personnel, or other authorized persons during the period that premises are closed to business. Any building used for Group "A" or "8" public assembly occupancy, as defined in Article I of this Chapter, as well as those buildings used for Group "F" occupancy of the type requiring exit doors to be equipped with panic hardware locks shall be exempt from the provisions hereof relating to exterior doors. Those buildings used for Group "C", "D". "N", "I", and ",)" occupancy shall be exempt from the provisions hereof. (Code, 1958 S 40.01) SEC. 15.93.. SECURITY ENFORCEMENT. j�#► The Chief of Police is hereby authorized and directed to administer and enforce the provisions of this Article relating to physical security requirements for buildings in the City of Bloomington which are used for business purposes. (Code, 1958 S 40.02) SEC. 15.94. RESPONSIBILITY FOR SECURITY. The responsibility for compliance with the specifications set forth in this Article concerning physical security for exterior. openings of buildings used' for business purposes and 'subject to the provisions hereof shall be as follows:. (1) When said, business does not share the. use' of. exterior openings with any other business establishment, the person operating said business shall be responsible. (2) When two or more businesses share the use of the same exterior openings of any building, the owner of said building or his designated agent shall be responsible. (Code, 1958 S 40.03) . • SEC. 15.95. NOTIFICATION TO PERSON RESPONSIBLE. The Chief of Police shall examine, or cause to be examined, the accessible exterior openings of every building, or part thereof, which is subject to the provisions hereof. Where accessible exterior openings exist which do not meet the requirements hereof, notice in writing shall be given to the responsible person setting forth the deficiencies which are to be corrected and the period within which same shall be completed. Failure to complete corrective action in the period of time specified shall result in enforcement action as provided in this Article. (Code, 1958 S 40.04) 15-16 - e .> j • r' k..: HOLMES & GRAVEN CHARTERED Attorneys at Law 470 Pillsbury Center,Minneapolis,Minnesota 55402 ROBERT A.ALSOP (612)337.9300 JAMES M.STROMMEN RONALD H.BATTY JAMES J.THOMSON,JR. STEPHEN J.BUBUL Facsimile(612)337-9310 LARRY M.WERTHEIM JOHN B.DEAN BONNIE L.WILKINS MARY G.DOBBINS GARY P.WINTER STEFANIE N.GALEY JOE Y.YANG CORRINE A.HEINE JAMES S.HOLMES WRITER'S DIRECT DIAL DAVID L.GRAVEN(1929.1991) DAVID J.KENNEDY 337-9209 JOHN R.CARSON VIA RAPIFAX AND MAIL OF COUNSEL CHARLES L.LEFEVERE ROBERT C.CARLSON JOHN M.LEFEVRE,JR. ROBERT L.DAVIDSON ROBERT J.LINDALL WELLINGTON H.LAW ROBERT C.LONG T.JAY SALMEN April 20, 1995 Jennifer Bergman Housing Inspector City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 RE: Manufactured Home Park Closing Ordinance Dear Jennifer: I received your memo requesting my input on the draft ordinance pertaining to manufactured home park closings. You indicated in your memo that the draft ordinance was basically the same as the one that was adopted by the City of Bloomington. As I have discussed with you on the phone, the City of Bloomington has been sued as a result of the adoption of its ordinance. I have contacted the Bloomington city attorney and he informs me that a hearing on the lawsuit is scheduled for June. One of the primary issues in the lawsuit pertains to the requirement to pay relocation costs. There may, however, be other issues involved in the lawsuit. Because of the uncertainty surrounding the legality of Bloomington's ordinance, it might be advisable to wait until that lawsuit is resolved before adopting an ordinance. I have also been advised that the City of Willmar has been sued over its manufactured home park closing ordinance. I am enclosing an opinion dated December 8, 1989 from the Minnesota Attorney General. The opinion discusses the legal issues associated with the Bloomington ordinance. You will note that the opinion does not reach a definitive conclusion on the legal issues associated with the ordinance. Sincerel t 411- : ' es` Thomson JT:jes Enclosure cc: Samantha Orduno (w/enclosure) Paul Harrington (w/enclosure) JJT87349 1411125-14 . .,, ,,.._ .•.-• ,•� .� '70N ADMIN DEPT a 9337931® t'P.158 PB14 ' APR 2® '95 13 15 HOLre & GRAVEN BLOOMINGTON CXTY CODE SEC. 15.73. PUBLIC NEARING. .....° 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 an the displaced residents and the park owner. (added 'by Ord. No. 89-57. 10.30-89) SEC. 15.74. PAYMENT OF RELOCATION COSTS. •. After service of the closure statessent by the park owner and upon submittal by the displaced re*ident of a Contract or other verification of relocation etpensts, the park owner shall pay to the displaced resident the reasonable cost of relocating the manufactured home to another manufactured hove 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 moving the displaced resident's manufactured home and - personal-property, including the reasonable cost of dissembling. moving and reassembling any attached appurtenances, such as porches, decks, skirting and awnings. which were not acquired after notice of closure or conversion of the park, and utility "look-up* charges. . (8) 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 hose. ' (Added by Ord. No. 89-57.i 10-30-89) SEC. 15.75 PAYMENT OF ADDITIONAL COMPENSATION- . (A) If a resident cannot relocate the manufactured hoame 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 parte closing. If the resident tenders the title to the manufactured hose, 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 a$ 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. (8) 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 e nooto tendertge title eitoo the manufactured hope, the resident is entitled to relocation costs based upon an Costs awarded to other residents in the park. . (C) The total'c000ensation 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. , • (Added by Ord. No. 89-57, 10-30-89) . • SEC. 15.76. VERIFICATION OF COSTS. The displaced resident must submit a contract or other verified coat estimate for relocating the m nufaCtured 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. (Added by Ord. No. 89-57, 10-30-89) ° SOC. 15.77. PENALTY. (a) violation of any Provision of this Article shall be a mi demeanor. fib) Any provisions of this Article may be enforced by injunction or other appropriate civil remedy. . • 15-15 EXHIBITd . . " APR 20 '95 13016 HOLMES & GRAVEN ... TON ADMIN DEPT -) 93379310 tis 1618 P015 e /' ° . , BUILDINGS ARO STRUCTURES U (c) The City Shall not issue a building permit in conjunction with reuse of manufactured home park property unless the park owner has accordance with the relocation costs of the Aheipurchaser of the park has C, provided additional compensation (Added by Ord. No. 89-57. 10-30-89; Ord. No. 93-2, 1-11-93) SEC. 15.7$« EFFECTIVE BATE. This ordinance shall be effective thirty (30) days after publication. (Added by Ord. No. 89-57, 10-30.89) • ` ARTICLE V. SECURITY DEVICES • Added by Ord. No. 61-71. 12-28.67 • SEC. 15.92, , SECURITY REQUIREMENTS » EXEMPTIONS. • All existing and 'future buildings in the City of Bloomington used by any person for the purpose of conducting, managing, or carrying on any business, with the exception of those hereinafter described. shall, when unattended, be so secured as to prevent unauthorized entry in accordance with specifications for physical security of exterior accessible openings as provided in this Article. A building shall be idered unattended when not occupied by a watchman. maintenance personnel, or other authorized persons during the period that pTemises are closed to business. Any building used for Group "A" or "81 public an as defined in Article I of this Chapter, aS well as those buildings used for Group .F. assembly occupancy, ed with panic hardware locks shall be except f occupancy of the type requiring exit doors to be equipped D N *I", and rom the provisions hereof relating to the exterior prvvt doors,h Those buildings used for Group •C", • • • ` "J" occupancy shall be exempt (Coda, 195$ S 40.01) SEC. 15-93• SECURITY ENFORCEMENT. • The Chief of Police is hereby authorized and directed to administer and enforce the provisions of this Article relating to physical security requirements for buildings in the City of Bloomington which are used for business purposes (Cede, 1958 S 40.02) { . SEC. 15.94. RESPONSI8I rIT NOR SECURITY. The responsibility fpr coeplience with the specifications set forth in this Ar'ticle'concerning physical security for E terior. openings of buildings used` for business purposes and "subject to the provisions hereof shall be as follows:. . s anyother business • (1) When said, business does not share the• +tto° of,exterior openings establishment. the person operating said business shall be responsible. (2) When two or +acre businesses :hmllses� the sisame a exterior openings of any building, the owner of said building or hisgnu (Code. 1998 5 40.03) . . SEC. 15.95. NOTIFICATION T'0 PERSON RE PONSIB . i . • The Chief of police shall examine, or cause to be examined, tate accessible exterior openings of every building. or part thereof, which is subject to the provtsi hereof. accessible xo exterior o for openings j e exist which do not meet the requirements hereof. .notice in writing shall be withenin n which same shell parson setting forth the detiCiericies which are to be corrected and the pe completed. Failure to complete corrective action in the period of time specified shall result In - enforcement action as provided in this Article, (Cede, 1958 S 40,04) • . 15.16 i mazer= REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 6 111706STAFF REPORT Report Number: 95-1318WS W AGENDA SESSION DATE May 1, 1995 Report Date: 4-27-95 DISPOSITION Item Description: Discussion of Request for Off—Site Directional Signage Administrator's Review/Recommendation: No comments to supplement this report111101 , - Comments attached. Explanation/Summary (attach supplement : _ = as necessary.) SUMMARY; Within the past month, Staff has had discussions with David Freemore, Mission Coordinator of Sunrise United Methodist Church regarding the placement of four (4) off-site directional signs for the church. The Mounds View Municipal Code does not specifically allow the type of off- site "chaining" signs which Mr. Freemore has requested. However, Chapter 1008. 05 Subdivision 2 of the Code states: Special approval from Council: In the case of an application for a sign requiring a special permit or which will be illuminated or moving or of unusual height, size, design or location, the Clerk- Administrator shall refer such sign to the Council for approval. No permits for any such sign, so referred, shall be issued without first obtaining the approval of the Council. This provision of the Code allows the Council to issue permits for signage not addressed by other sections of Chapter 1008. Upon learning of this provision, Mr. Freemore penned the attached letter of request for consideration by the Council. Staff discussed with Mr. Freemore that, because of the proposed location of the signs on County and State road right-of-way, written approval of those two agencies would be required if the Council were willing to grant the request. Also, all installation and maintenance of the signs would remain the responsibility of the church. As mentioned previously, I have attached Mr. Freemore's letter for Council consideration. Please note that the locations of the proposed signs are both described and mapped in the letter. ,) z PailHarrington, Co munity Development Coordinator RECOMMENDATION; To the Mounds View City Council, The Sunrise United Methodist Church wishes to put into place up to 4 directional (informational) signs within the City limits. The signs are 40 in. tall and 24 in. wide. They will be mounted on steel "sign" posts, with a total height of approx. 6.5 ft. Placement of the signs will be 1) on the boulevard adjacent to 8378 Long Lake Road 2) on Long Lake Road near county Rd H2 3) Hwy 10 in the east bound lane between Silver Lake Road and County Rd I, (north of Schwin dealer and 4) Hwy 10 just east of the Phillips 66 station in the west bound lane It is understood that permission must be aquired in writing from Ramsey County for the-signs on Long-Lake Road, and from MN DOT. for those going on Hwy 10. It is also understood that the Gopher locating service will be contacted for clearance prior to any installation. Maintenance of the signs is a responsibility of the church. Text on the signs simply lists the name and address of the church. Sunrise United Methodist Church 2520 County Road I Mounds View, MN. 55112 ph. 786-4926 David A. Freemore Mission Coordinator *` a setsns€ hm 784-2097 {' a wk 639-0774 a\dave\signup )tc°2tig • HWY. 10 Long Lake Road • County Rd.I Sunrise United Methodist Church • County Rd.H2 0 UTYOF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 7. Infor STAFF REPORT Report Number: 9 5-1 '11 9WS OEW AGENDA SESSION DATE May 1. 1995 Report Date: 4-27-95 DISPOSITION Item Description: Discussion of Request for Rezoning, 7305 Knollwood Drive Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) UMMARY; Larry Beach has made application for a Rezoning of the property located at 7305 Knollwood Drive. The property is currently zoned B-1, Neighborhood Commercial - the applicant is requesting an R-2 , Single and Two Family Residential classification in order to support his plans for a twinhome on the property. The existing structure located on the property (a closed Tom Thumb convenience store) would be removed in the event the rezoning is approved. Chapter 1125. 01 Subdivision 1 (e) of the Mounds View Municipal Code identifies those factors upon which the City Council should base its decision relative to any rezoning request. Those factors, and an analysis of their relevance, are as follows: 1) Relationship to Municipal Comprehensive Plan The Comprehensive Plan in its current form identifies this parcel as neighborhood commercial. However, discussions held at both the Planning Commission and City Council levels within the past three (3) years have focused on reclassifying this property to residential. 2) Geographical area involved The parcel is bounded on the South and West sides by County Road H2 and Knollwood Drive respectively. The North and East boundaries abut property zoned R-2 . 3) Whether such use will tend to or actually depreciate the area in which it is proposed Because of the surrounding R-2 property, the proposed rezoning is consistent with the uses currently in place. 4) The character of the surrounding area Beyond the immediately adjacent properties, the overall land use in the vicinity of the subject property is overwhelmingly residential in nature. • e — RECOMMENDATION; (Paul Harrington, ommunity Development Coordinator STAFF REPORT (Subject: Larry Beach, 7305 Knollwood) PAGE TWO 5) The demonstrated need for such use On numerous occasions, the subject of what to do with the vacant Tom Thumb property has come up at the City Council level. Although specific arguments may not be able to be made for a "need being demonstrated" in this particular case, the overall benefits gained by the neighborhood by eliminating a vacant and blighted property appear to justify the approval of the request. 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CITY OF MOUNDS VIEW PLANNING APPLICATION r+ APPLICANT: rz rt-V eQeJ7 Phone '?"D-5-Zee ADDRESS: 69s/ 4o//ir0o2 l�/2i-uC 7V Street Address, City, State, and Zip Code Interest in Property (check appropriate box): EL Owner of Property ❑ Contract for Deed Owner ❑ Lessee, Operator, Manager ❑ Agreement to Purchase ❑ Other (explain) Documentary evidence of applicant's interest in the property may be required before final City action at this reguest PROPERTY INVOLVED: Address/General Location r1305- ,(/,,.,d l f wad el 0 , Legal Description or Property Identification Number /7 -30-d,_ A z,, -t*)3,. -c4 -�,(v_.- 'a L1_3Le- AA.zc i7 m.af9 5) l iJ G5' .u. _.2s.... .. i/ y-- Ji.� Legal C?vner: Name/Address ,,1..C4 d!Z y t aL ' Present Use (check appropriate box): ❑ UndevelopedNacant 0 Single Family Dwelling ❑ Duplex/Two Family Dwelling ❑ Multi-Family (No. of Units ) gy Business/Commercial Establishment ❑ Industrial Establishment ❑ Other (explain) Property Classification: 15 Abstract ❑ Torrens REQUEST: i/:!BSc Sic 474e22 G4i • *Please note: Applicant may be responsible for additional fees associated witha review of this request I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE _� Si tune ** * •** * * ****** **********W** * *.:**#********* *****.***�********* * *************** ** Vrit S200/acre.minimum $200,maximum 21.000 Park Fund Dedication Fie %\ L�-�-•i R-1 to R-2-$75.ail others$200 Date Paid .: ~-' - Use Permit R-1 to R-2-S75,ail others S200 Cade Apoeal Reeaiot Number S75 Devaiop.iSita Plan Review 5100/acts,minimum 100.maximum $500 Total Fees Paid _. 00 Minor Subdivision $150 Date Paid ,—'y -- 4, Major Subdivision $250 plus $250 deposit Receipt Number _:7T' Comp, Plan Amendment $200 t Wetland Alteration Permit S50 plus deposit determined by Staff Additional Fee Paid Wetland Butter Permit 310 Date Paid Planning Sign S50 Receipt Number PUO $350 PUD Armond/mat $150 Dee at fs,ei action APPROVED ❑ DENIED 0 TABLED ❑ Dee - `l a SPlmrYp Case No. .:..1-:-).4:...:*.( '- �-5 Admin.Account No. r' �7 LARRY BEACH CONST . 6951 KNOLLWOOD DRIVE MOUNDS VIEW , MN 55112 ( 612 ) 780-5608 February 27 , 1995 City of Mounds View 2401 Highway 10 Mounds View , MN 5512 To Whom It May Concern= This letter is in regards to the property at 7305 Knollwood Drive . Currently the building on this property is vacant and has been for the past 6 years . We purchased the property in October of 1994 , in hopes of building Twin Homes . Presently , the property is zoned B-1 , and we are requesting the City to re-zone it to R-2 , and also granting us a Zero Lot-Line Subdivision; so we can go forward with the Twin Home development . We feel this new project will enhance the neighborhood , therefore increasing value to the city of Mounds View . Thank you . Sinceyly Yours , ar ® Beach Larry=-ach Const . • CITY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 8._ 1110iNOSSTAFF REPORT Report Number: 95-1320WS LNi�/1 Report Date: 4-27-95 AGENDA SESSION DATE May 1. 1995 DISPOSITION Item Description: Discussion of Building Permit Fees Administrator's Review/Recommendation: - No comments to supplement this rep. t - Comments attached. Explanation/Summary (attach supplement sheets s necessary.) SUMMARY, - As was briefly discussed at the April 24, 1995 City Council Meeting, Staff has received a request from a local builder to consider revision of the Mounds View Fee Schedule to eliminate Plan Check Fees on identical structures being built. Currently, the Code requires a plan check fee for all construction which is issued a building permit in the City. The builder in this particular situation is constructing identical twinhomes on lots throughout the City. It is his opinion that because the structures are identical, only one plan check fee should be required, even though more than one building permit is being issued. The Community Development Department Secretary will be phoning communities within the metro area to see if this issue has been raised in their cities' . I will have the results of her efforts on Monday evening. P4u1 Harrington, Community Development Coordinator RECOMMENDATION; avy REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 9. STAFF REPORT Report Number: 95-1321WS AGENDA SESSION DATE May 1, 1995 Report Date: 4-27-95 DISPOSITION Item Description: Discussion of Recycling Administrator's Review/Recommendation: - No comments to supplement this report w liurar - Comments attached. Explanation/Summary (attach supplement she =- ecessary.) SUMMARY; At the 1995 Council/Staff Strategic Planning Session, one of the issues that the Council wished studied was how to increase recycling participation in multi-family (4 units or more) complexes. Staff has received inquiries from residents of multi-family units as to the availability of recycling, however, because the provision of recycling services at the complexes is at the discretion of the property owner, most do not have the service. Recycling Intern Laurie Mezera-Kerr contacted Cities within the Metro area to see how they handled this situation. Her findings are included in the attached memorandum. Staff is requesting Council direction. Pi :I Harrington, =unity Development Coordinator RECOMMENDATION; MEMORANDUM TO: Paul Harrington FROM: Laurie Mezera-Kerr SUBJECT: Multi-Family Recycling DATE: April 26, 1995 The following is a brief summary of the various multi-family (MF) recycling programs . It should be noted that Hennepin County requires recycling be made available to all resident regardless of whether they live in single or multi-family homes . The impetus for the Hennepin County decision is based upon a reduction in SCORE funding. Therefore the County mandates compliance resulting in less municipal dependence on this funding source . BLAINE: MF recycling is completely voluntary. No big push for this service since there is not a lot of MF housing in the community. BLOOMINGTON: Has a open hauling system similar to Mounds View with the exception that all residents must be provided with the service of recycling. This is accomplished by requiring all haulers to provide recycling as a basic service . Landlords may have recyclables picked up by a licensed hauler, or if approved they may self-haul these materials . The City defines MF as any residence over eight units . These complexes typically use 90-gallon roll off containers, or dumpsters for their recyclables . Brooklyn Park: Is known for one of the best MF recycling programs in the metro area. The City incorporates organized recycling which was initiated very early on in 1988 by the City Council . The City does not recognize where a person lives to determine if they qualify for recycling. As a result the City took steps prior to the Hennepin County mandate to provide this service for all residents . The program is funded by a service charge assessed to residents' water bill . The fee runs $2 . 25 per month for single family homes and $1 . 29 per month for a MF residence. The City does subsidize the single family program with SCORE funds . The MF program is run without any subsidy to the contracted fee. The recycling contractor accepts the following elements for MF households : glass, plastic and metals (these are co-mingled) newspaper and mixed paper must be separated. These items are collected using 90-gallon roll off containers and are picked up weekly. Columbia Heights : This City employs organized collection with twelve units or less using the curbside program. Buildings in excess of twelve units use centralized collection with 90-gallon containers . Coon Rapids : No formal program set up; the City will review this issue in the summer. The City plans to do site visits for all MF housing. Eden Prairie : Has an open hauling system and through licensing the City requires that each hauler provide recycling to residents as a basic service . Since the City uses this type of system it is unaware of the associated service costs . Individual properties have programs tailored to their needs . Some buildings use 90-gallon containers other complexes employ a centralized drop off with dumpsters . The City requires that all complexes have the minimum elements collected as defined by Hennepin County. A complex may contract for collection of additional recyclables if they should so desire . Edina: Their ordinance requires MF property owners to offer recycling to all residents . The program defines MF as anything over eight units with those units less than eight using the curbside service . Maple Grove : The City has organized recycling with residents assessed a fee for this service on their monthly water bill . The fee for MF is $1 per unit monthly and about twice this amount for single family homes . Landlords may self-haul if approved by the City. Each apartment complex has a different collection method depending on its location, space, or other needs . Spring Lake Park: The City operates its program via organized recycling. There is not a great deal of MF housing, but generally most complexes use 90-gallon carts located by dumpsters . MF complexes are assessed $1 per unit each month for this service. WY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 10. 1110906 STAFF REPORT Report Number: 9 5-1 12 7 WS Oh9 AGENDA SESSION DATE May 1, 1995 Report Date: 4 27 95 DISPOSITION Item Description: Discussion of Hazardous Property Administrator's Review/Recommendation: - No comments to supplement this report . I1...N.f - Comments attached. Explanation/Summary (attach supplement shee s as necessary.) SUMMARY; Building Inspector RicK Jarson asked me to forward the attached memorandum to the City Council for your information and consideration of action. Staff is asking for Council permission to proceed with abatement of the property via the State hazardous property statute. Paul.-Harrington, ComZity Development Coordinator RECOMMENDATION; ' MEMO TO: Paul Harringto , FROM: Rick Jarson On February 9, 1995, I conducted a routine inspection of 2901 Hillview Rd. to follow up on building permits #94-043 and #94-323 along with the annual housing inspection which was first ' conducted on July 12, 1994. The following items were noted to be deficient: 1. The owners attempt to install stairways from the main floor of apartments #1 and #2 has resulted in an unsafe and hazardous building. The floor joists have been cut and notched exceeding the limits of the building code. This results in a floor incapable of supporting 40# per square foot as required by the code. 2 . In an attempt to install larger windows in the basement area the masonry block has been shattered leaving large gaps along the side of the windows and the bearing capacity of the wall in question. 3 . The water tubing for the hot water heat has been rerouted through the walls and into the exterior wall cavity were the heat will be rapidly dissipated causing a potential lack of heat in the living areas. 4 . The owner has attempted to do his own electrical wiring without the proper permits and without any evident knowledge. The existing flexible conduit has been cut into and single strand wire has been spliced inappropriately. Some wires have been left bare of insulation and exposed. This creates an extremely unsafe condition for the tenants of the building and could result in a fire. 5. Items noted on the annual housing inspection report (copy attached) have not been complied with. In spite of my attempts to communicatewith the owner regarding what corrections are required, how to make the corrections and at what stage inspections are required, the owner has not complied. The owner so far has demonstrated an extreme lack of ability to accomplish the construction and to follow any correction orders in a reasonable manor. In consideration of the above I recommend the city take appropriate immediate action to order the owner to effect the repairs within a reasonable time (20 days) . If corrections are not made within the alloted time I recommend the city proceed with legal action to assure compliance. CITY OF MOUNDS VIEW, MINNESOTA (784-3055 ) CHAPTER MINIMUM HOUSING STANDARD FORDWELLINGS AND MULTIPLE DWELLINGS Requested by: Tenant Manager Type Housing: Manufactured Home Single Family Du lex 2F Apartment Bldg. P / Name of Bldg. Address Owner O •� de _ 'al Address a< Tenant . � / o a , Apt. # City /'�1t2L�2 . 'P Zip =Pass 1 3 4 5 F=Fix ' M �� LIV2ING HALL BATH- 6 7 R=Reinspection RX1 BED- BED- OTHER ROOM ROOM ROOM A. Electrical PFR PFR PFR PFR PFR PFR PFR IN III III Ill B. Security �, „� 1111, 111111 III IN C. Window 1111, 1111, i1111l 1l1 � D. Ceiling II 1111, ,r1 III 111111 Il E. Wall 11111111, 11 111 NI III F. Floor . III 111111 No 111 IPJ III III III G. Stove/Range/Oven iiirrr � H. Refrigerator 111 I. Sink/Wash Basin III III J. Food Storage/preparation 111111 K. Flush Toilet IIIL. Tub/Shower IIIM. Ventilation HEALTH & SAFETY XPLA ATION OF FX RATIN - ��faimperweig, AA. Stairs & Porches ( ) N/A 111 bc. - I !ac bQC. IL BB. Smoke Detector 111 C S- I 0 . ic...r c<,-1 / ;�,.,-C, 171111. CC. Fire Extinguisher ( ) N/A 111 � `egliIMILINMINMAJEwor- �;t , • ♦r- C , G s-- , w �- ..� . • _ ti'DD. Heating/Air Conditioner 111 Such mailed , posted and published notice shall give the alledged violator thirty (30 ) days or less to correct. Inspection Date - /)_51-( Inspector ie�� Reinspection Required : ] NO Date 7j14, s_ 5c�-• ..o g " Pass Date Inspector UNIT FORM crrrcopv-white OWNER COv.Yellow CITY OF MOUNDS VIEW, MINNESOTA (784-3055 ) CHAPTER MINIMUM HOUSING STANDARD FORDWELLINGS AND MULTIPLE DWELLINGS Requested by: Tenant Manager _CrZEEL_y Type Housing: Manufactured Home Sinole Family Du lex 2F Apartment Bldg. ur 1 p / Name of Bldg. Address "-> ,..^ - Owner o 4 • -�/ Apt. #' c.4_, Address ' � g ,4 10 Tenant �_ City 'yj.# �- P=Pass Zip . 4f'1'' 1 2 3 4 5 F=Fix 'P LIVING HALL BATHMR- 5 7 R=Reinspection ROQ^4 ROOM R BED- ROOM BED-R OTHER ROOF ��R P F R P F R P F P F P F P _ A. Electrical fl NI B. Security , III 11,, III ,,, ria C. Win Ill 111111 111111 Ill d ow 1111, 1111, III 1111, 111111 111111111111III D. Ceiling 1111, 1111, 1111, ,I, 1111, ill E. Wall 1111, 1111, III F. Flo iii III III III ,or �, 1111, 1111, Lj III III I G. Stove/Range/Oven ti 1111, 1111, H. Refrigerator III �111 1111, � � � I. Sink/Wash Basin 1111, J. Food Storage/Preparationa111111 ll 1111, K. Flush Toilet 111111 1111, Tub/Shower 1111, L. T M. Ventilation1111, 111111 HEALTH & SAFETY 111111 1111, EXPLANATIIN OF FIX RATI AA. Stairs & Porches ( ) N/A Iptirg �' �� ► � cc bat, BB. Smoke Detector 1311 --- A _ • CC. Fire Extinguisher ( ) N/A 111111 _ ' c�sc - - .cc-- or �,�� • . , gralliaMMAIET DD. Heating/Air Conditioner 1 4---1jMir �4 �4, e oma• a � .= A/., , _ - Such mailed , posted and published �R`=�M3RILi A' ' ! To • • _ - notice shall give the alledged cam"°`'`A violator thirty (30 ) days or less efe.„`\y- L''1,'``11, oc.m Ca- ' to correct. Inspection Date 1— /)-- i9--. Reinspection Required: --..0 NO Inspector Date_ Pass Date ' cl ��- g Inspector UNIT FORM CrrYCOPY•White OWNER COPY•YeHow CITY OF MOUNDS VIEW, MINNESOTA (784-3055 ) CHAPTER MINIMUM HOUSING STANDARD FORDWELLINGS AND MULTIPLE DWELLINGS Requested by: Tenant Manager Type Housing: Manufactured Home Sin le Family Duplex/2F Apartment Bldg. ur 1 Name of Bldg. Owner Sc� i ' �.ghc`G I� Address r0 g ° O2c-lO Address a 0q/ H , I 1 " _, City Ntpb Zip S S'(O"'d P=Pass 1 2 3 4 5 6 7 8 F=Fix 1 • DRY FURNACE S ORAGE HALL HAL : HAIL R=Reinspection STAIR- STAIR- P PFR PFR PFR PFR PFR PFR P 4P F R A. Electrical , B. Security _ C. Window D. Ceiling — E. Wall -III __f_-- -- _______ F. Floor ■ ._ G. Safety Hazards ■ ---'-- H. Exit Signs --»--- I. Fire 0 I /f•' Extinguishers (_ ) N/A . (;) —__ I i 4 BUILDING GENERAL EXPLANATION OF IX TING: . ._ . AA. Attics/Roofs -� G` `r `�^- 'eCcxS. (LI ch-A e.(4. -BB. Stairs/Rails/Porches PZ_ 6`"-`A-P /Ot`) rcuc.�)'I.•b,J vc..(v.e te,,acee_ ir, oh 6 0:1.c.w .rc E.4.4*- �.e , s-t- d r.-ii..)1,0-e e<"6.-/-/ CC. Exterior Surfaces d7 I```'";'� /k..�.b-er -3.....6n�,4Tecr r c-lf� 1 N{ �01 .7r G-1 � rG s�r'a�.rt s f Sc�c c,..,r r ,a, b t�e....cT DD. Caulking -, 1 S ►c-t,x- r..� p• l/4 6OrN.e,,.�e,.,�7e-' EE. Cab 7',., a '� 11 Tie Downs ( ) N/A / � A .u-, 6r A w••- .� 4. FF. Exterior Hazards GG. Garbage/Debris 1 Such Mailed , posted and pub- lished notice shall give the the alledged violator thirty ( 30 ) days or less to correct. Inspection Date ) ,;)- Reinspection Reauired:1Leo E� NO Insp ector Date Pass Date Inspector BUILDING FORM crrvcoPY-White OWNER COPY.Yellow CARETAKER COPY-Pink POSTED COPY•Goloenrod crry(of REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 11. STAFF REPORT Report Number: 95-1323WS 0EW AGENDA SESSION DATE May 1, 1995 Report Date: 4-27-95 DISPOSITION Item Description: Consideration of Request to Bid Equipment Storage Building on City Property Administrator's Review/Recommendation: - No comments to supplement this report Alik,q _11/ - Comments attached. 11101 Explanation/Summary (attach supplement sheets as necessary.) ,SUMMARY; Mounds View Athletic Association (MVAA) has approached City staff with a request to locate an equipment building on City owned property. The building will be used for storing equipment and uniforms during the off- season. The Board of Directors of MVAA have suggested the location east of the fence of Public Works Maintenance Building, with access off Bronson Drive. The building plans are enclosed. Also enclosed is a draft lease agreement provided by City Attorney Jim Thomsen. The agreement protects the City from liability and requires maintenance and maintenance and operating costs to be paid by MVAA. In addition, in the event that MVAA would disband, the building would become the property of the City of Mounds View. MVAA has indicated their assurance that the building will match existing neighboring city buildings in appearance. City resident Ernie Lapore will be present at the meeting to answer any questions the City Council may have regarding this request. The Parks and Recreation Commission has discussed this issue on two meeting occasions. They requested a lease agreement that would protect the City, also requested that the building match the appearance of other City buildings, and wanted to be sure that in the occasion that MVAA disbanded, that the building would become the property of the City. Finally, the Parks and Recreation Commission wanted to be sure that MVAA undertook all responsibility for liability, maintenance of the building, and security of the building. The Parks and Recreation Commissioners expressed their concern that other groups may approach the City requesting a similar request. Commissioners were concerned that a precedent would make denial of other future requests difficult. However, when staff presented this concern to City Attorney Thomsen, it was his opinion that the City can deny similar requests even if we approved this group's request. MVAA would like to construct the building sometime mid-summer so that it is ready by August when their inventory of equipment and uniforms are turned in. Ma y Director of Parks, RECOMMENDATION; Recreatfiron and Forestry SCHERER LUMBER 9 BROTHERS LUMBER COMPANY E',-•.:::17i - L:',_. 11,..;.:. M[.."11,N13 VIE.,! 12- E1jILL j2N j17 :-':-.L LI.J:P2MEr, rIML : flflT! !...-:).1E L'ZY ITE7IST77. Cr( DESCR:PTION J::IT2 rP,I1L .Th Se-2.4-,5.'m: 1 DPRASE m1'-E77fl!.7 E. 1100 ,.] riLL 1,-iI :,:_, ',-.3ILL 1SEr:LL!'„ ;23 07:4 '1":0 LNFT Li,...i. . 140 TTI.: PIT.-. C42 (.--- 1r. 1-.7 ,'i- !Z.-221,0 10!7, 2:f•,"' 2' •-:,FF/!!F CTT2 •7, r71.7. IT 5 02211flO SCO LMFT 2V-1 r.T1.-7/:7 :TD & Ini,. !T 5. Y'.. CCI C.. 212 MI1 T V.,:„:". 00 OTA'22,2 2 r•_; ,„i 2Liz..:"2" BiLM1 '.1: I,,,,!' 1-`, ,•". •-•r. ,•...• : --.-, --, ,,t. 7 0221010 3 2X10 10' SS 7.:PF/Hr 112 '.-!, DTP :',,T.'; 50. 000 p 02211-'i 12 2X'i l'i° SPr7MF '...7,TE, :.!. DTr v:-_.. ? iLT 1 rZOOF PULS L'Ef 1. !3120 ii'-':.. CA-,-. !_:. '', I S44. 00 IC! 022filE 2X4 1,21SPF/MF :72 ':".1 CP. 11 022. 1'2',0 G LNFT 2X4 sr,--:H7 STD & '2',T2, 12 1'212/2'2: I 120 ''.2X7 U!.3 Br.Y, MLD ; . ‘ - ,... ._ . .. :_ „ ... :..2 OS1LG 28 /iX3 1/2" 'lLI...', r,',ULrINU 2?(..J. 20 ::"..2. !:'.c.:',- 10I:TS 2 7.0LI.... EH:: ' riL T-!1:3L.E. uw_N.m.":‘,:m-..-_-.:T 15 12'S1 -:7 cp7TnifIT77.1) !..3EnLpoti .LL la': LMFT '.:.."-".S -P•.2 PI:".:C. St::: MP 17 011C00 12.0 LITT IX3 f.7 T1OUGH CEDPT 7,17,27 l'..: 20.. '',7',7.:0 1171.7". c:''. ,I7 '.,:77 __! . 'r 1P, '-:11:2`.2.r7.! 1;7:17 It!ET !:-'7 I!7 70!P711 771-inn 7--•:-f ru :: '7":"'Y' .7- :::::: ' 7. ':. :7 7 12 'D131'r 1 lir"'1 9 !: X9(, 3/1 PH f. .'. P. r:".. • ',110 02322'11 '': 2-'ill'' 3:fl -''2 FIF r,....-,. _ . _ , .., . _ : ,.::,.•.: ,:,,,,,, ,,,, 21 04100 SO LNFT IY2 ''-7 r-1717r C7T)(17 7Y-77 '7, 'L2 17230'2 I L !-2, !-.., ML:10_ f.7'.-:.': !,'"A,!'"' .'_ ', f ''':- '2:....; 0',31L2 /10LNfl iX'...,, IL PINL 9:if?, V,L'; 2 . 000 2E,.:. ,1.'0'',`. •:',1'.,' : 2:. ",'...i2 2.n 0'31203 111'-: 1FT 7: 1-., ';'•. 1:1 :!__P-,'Dcfli:r 1.'.-r 7,..,-: ., .. ..,. ,....,.. ....,,,,... .. ..,, , „.. ;.:.„. ,.. ;2.5 27.3012TE 40 12" 77,1117.E1: '7-:ID1NE ErTZIrj772,. W. ,-.'j707' '-', 72.-,' E-4.!1 2f.] 3?012TS ':,0 !L- ' :Ls,-.1',...!4,_r!. ''..':11.,,4.1:2 '.:M.Y.-_;1 :!J'_, ,- ,7-.--! 21 ±JC: 1 IL EL: S1WFP2iSTi f2.2; 50. 00 0, ,',C0 I 20 '. *!:1,',2C(2, 4 fl r.-.fl ETruFP7Y501.!.. 7‘ •- ,•..... 2 9 '-.)0 1 i,-.-:;v:-T. 1I; 1. 3/`i" E;7-:_.' ,. r-1.1301- HIL!:', -, ! !2, : ' . ::',. 3 1 EV3:711)C '-1 I 1/'- ' fl'..!..::.1 l-/; r, '...H 1.. '',:`11' .-.• - ''' 7: --,:: " .' -- ,"-- mil TOTflL qMI _, . , ,.,,, -• . , , . . ,_. ,„.;.1 • Home 1 0.-)- ' ---) ' NNC CONSTRUCTION INC. ESTIMATE PROJECT 7-ron da/''e /Movnel s V I eW RQseda // J t r,9 e 12143. SH. NO. Q OF LOCATION "JOVIAds VIe'ev MA/ DATE Apr` I 11( I"5 ARCH. ESTIMATOR Don WORK QUANTITY UNIT MATERIAL UNIT LABOR UNIT SUBS TOTAL FO.0 thi3S I 2o4 .)C8 96 L.• 2X S R,rw,5. /901-./ ` • Ioeco CCONcrert. L1 CY '. • a {' oaci C • r �cl.•N 1f- 20-o s 9 oo od - � L — -- — dtl E'Xcava /port 6OC oo ?e%'., 6,. .r1e 131k 360pc . 1 3' 5, o0 La kdr 6 - 100 I /ikove Gude p,1!c 900 pcs Pli v. 10.• 1IIIIiiiIIIIIiI o" 44. ,. I Recvv :0:0-L/= 00 (o-YI.4�`1 F<<I cFIIIIII IwR�bw� - oo St'teI geaw1 per►: £ Frar►,e La.L v- illii11111111111 i 11 111 1111: 72. goG S7ro °' (......",.,-hc 7.5 C 111 0.);‘,„ Mesh 1 Poll /4�wv� ;-oz - 4) 7l q 1 �Ys III 11011 I, 0° ` on MMSC. ' Ir 0 C SvdP�ltS TOTAL PAGE ONE 50311-93 Mary, Attached is a copy of the plans and cost proposal for the shed. I am attaching two estimates that we are considering. Ernie an OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 1 2_ 1173 STAFF REPORTReport Number: 95-132/114/S AGENDA SESSION DATE May 1. 1995 Report Date: 4-27-95 DISPOSITION Item Description: Consideration of Groveland Land Purchases Administrator's Review/Recommendation: - No comments to supplement this repo .-.4•'14-01 - Comments attached. Explanation/Summary (attach supple..•nt she' s as necessary.) ,SUMMARY; Kay Newton approached the City of Mounds View inquiring as to the interest of the City in purchasing the family estate property located north of Groveland Park. This parcel of land has been mowed during the past several years by the Parks Department and in return the community has been given use of the area for recreational activity. Recreational use of the property includes pick-up games of football, hacky sack, catch, and as a warm-up area for youth baseball and softball teams that gather to play a game at Groveland Park athletic field. The area is a grassland which also serves as a buffer between the homes to the north, along Groveland Road. The buffer area is an important asset, helping to detour conflicts between park users and homeowners. The Newton family is requesting no less than $31, 000 for the property. Twenty-five thousand dollars ($25, 000) is budgeted for 1995 purchase of parkland (originally to be a match for the proposed park purchase of parkland grant in the SW section of the City) . That option no longer exists. The City has had the land appraised and the appraised value is $31, 000. Staff requests the City Council's direction on this matter. Kay Newton and her brother had indicated that they would attend the May 1 work session to answer any questions that the City Council may have regarding this issue. Mary Saar on, a or of Parks, Recreation and Forestry RECOMMENDATION; SPRING LAKE PARK got ig 4 1 --7.-„ 42 , -,. awilnit TN di PT 111 1 //I 1 -11"61711111E1 Ii IONn-FIFit° eff.Amtgoli / AI: AffigElinimi.itiiimili11111101111 ' ' r-; Arm ,/ ArgionrinnrifiliniktilML2 1-1g.1 impaiii 4 i'lliorm' ,N; girl 7/ Allitilli iiiiiigaiNNEINUUSiligl,o lim2 = ,, ,. ...timi illult III ,; AMIN rate.MT111111111111f1111M11111111 1 i i L lerFP1 watilmr=cr ,44 1M i ll !jig glifillulgailligigUiliEUM1 — IFIRMITICimal1111:21:7 AEI 1P111111MITIRMIli IINIFIMERerst 1?.•41 n N 07. ck Azonlilliiillneii 01111MIMPIIMMINIMIIIIIC\ ... . .. !,:--2 g gip 1 i g i i ii Fumilwrpv „tiugupEne Rai I& nnLom fill 1 1 IN - NU 1 ‘ anV liallks,"0 L.- ::: 11321 !iff lifiEllnewrIT76:1;111inniMMINa. miiim-,.\-n = enBlin Antidlihrngnilit r- - . NITV7' A Pecilliililagi =5,NE Eliiiiiiihrlitailigum A 13 A MIN"' ' ttp, AO FINIVEINIRE 11914%-1751Mmiliiiiiieneneri, iti : a 4 , .........,„. rintill Alla illiignilUiliggilliniti. - - . _, '44:041Plemilmonnii plit,• 71,eggrilfinffilllininNIIIIIIIIIIIIMIlnu _ ...likerT„, ,.- .,... •,.. r,,,- 2z.VW-Ati P 87 $,V11111Militliallillig Egialli 4 AtuAnimionnirizonsillilmos iiMMIIIIMIIIIIIIIMAININIII co l'_"111111111M-11 r A 1: .7.r"-s,ia",/ , C7t),H1gi4 llliflgIgNiNgIMgPgC yi 4 Ir r41 4 1rIiEI Im!§n/ I v" uinroa utgluiwmni i Nm19 e ,W :nain.in uiigililgiifgliugiinuinggeglEtlihifmliiliaps,,,r ilel li ----ir.,/ / AMEtil _17 TE cc 41144411161 giligiligra ii.J., : z i g I i 1 ! 1' ig 40.• , i I — rifil4fliffi. la a 4 411Y' Mi 511111111NN Nil :11 II MI LI* , 0 I • 9. '"Yali illaa 14 WM r.0 I 0 1 I ,...vo. i ..1. I i 1 1 M.1. pm illia. il4"51141i a a . - Imil ,- . plinotpr, 114 ! ?41411 411t 4 le :_ .-_...= um — E-A44.1• FIE M II 410 et oz =•-g . 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Did rve en fil. ..., iv, „. -,2 3 r_ MU Pa allaUggil i',Eyk; EvE HE .1, cri 3i „,... 1 1 z ng 2110EOnnennno sts mz onsiii 1.6 in'z am= Nam _,L7 I It.11 i 5 Ig151:117 s inti '502:3 Firm 11,,2 EEMEIE =I "" lial EIN193 icarm 2§ Elni El iim 1 . I z r inli Ecraz mIluim P§ 1 ®� EmE9 BO':: PI m na , .A , NE MEE-MICE , _ ___ 1 , -tilliEll'3E31E110 !At, , ILILMETIL MUM= EMU= , & lilltt lir"- T, Mir'ta Mira° MEEC zL1, , 1 OBILE HOME PARK opo , RIF &IF PiE t°',1i, I ME RIFN FM INTERSTATE 38W - - - — SHOREVIEW cow OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 13. 111,06 Report Number:STAFF REPORT 95=1-325W5� AGENDA SESSION DATE May 1, 1995 Report Date: 4-27-95 DISPOSITION Item Description: Consideration of Request for Contingency Funds for Match for Grant for Trees along 610 Sound Barrier Wall Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARYt Forestry Rick Wriskey submitted a Small Business Association grant application last year (1994) for tree planting along Long Lake Road along the 610 noise barrier wall. The grant is a matching grant requiring the City to expend $2 , 450 with $3 , 500 being awarded. Bids have been solicited for forty trees to be planted along that area (starting at Ardan Park and moving westerly) . The trees will be both 6-7' spruce and pine and 10-15' Summit Ash. Because the bids received were so favorable, an additional 10 trees will be able to be planted. The grant award to the City is $3, 500, the Cities' match is 2 , 450 for a total project cost of $5, 950. This project is a beautification project, trying to make that huge barrier area more attractive. The area will take many years of planting to complete the entire expanse. It is important that we begin now. This grant opportunity allows double the number of trees a fraction of the cost. • Mary Saar on, D '`. e of Parks, Recreation and Forestry nECOMMENDATION; Approve transferring $2,450 of contingency funds to Forestry Reforestation (100-4382-160) for the matching funds for the award of the Small Business Association grant for planting 50 trees along the area of the Hwy 610 noise barrier wall. MEMO March 23, 1995 To: Mary Saarion, Director of Parks and Recreation & Forestry From: Rick Wriskey, City Forester Re: Bids for Tree Planting - SBA Grant - Long Lake Road - 610 Well Forty (40) trees are planned for an SBA assisted planting project along the Highway 610 wall on the Long Lake Road side. The majority of the trees will be spruce and pine 6-7' tall with about 10-15' Summit ash. The bids are listed below: Wilson Nursery $4,350 Midwest Landscaping $4,915 Bahn's Landscaping $7,900 The original bid was based on 30 trees but with the City's required match ($2,450) added to the SBA grant ($3,500), we will be able to plant 10 additional trees in the project area. fr95\sbagrant.mem ©Mr Of REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 14. STAFF REPORT Report Number: 95-1326WS AGENDA SESSION DATE May 1, 1995 Report Date: 4-2 7-9 5 DISPOSITION Item Description: Consideration of Golf Course Liquor License Request Administrator's Review/Recommendation: - No comments to supplement this repo y22 - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Staff is reviewing the ordinances and fees regarding the sales of intoxicating/non-intoxicating liquor for the golf course. Staff has been in contact with City Attorney, Jim Thomson, regarding compliance to the requirements of the intoxicating liquor license ordinances . It may be necessary to modify the City Code to allow consumption of intoxicating beverages at the golf course. The City Attorney will be present at the Work Session on May 1st and will further discuss this item with the Council at that time. Staff has received a quote for dram shop liability insurance at a cost of $1975 annually (June 24, 1995 through June 30, 1996) . On-sale intoxicating liquor license fees are figured using $ . 65 per square foot for that space which is used primarily as bar area and $ .53 per square foot for that space which is used primarily as dining area with a minimum fee of $3, 000 and a maximum fee of $10, 000. Sunday liquor sales would not be permitted under the intoxicating liquor laws because Sunday sales have to be approved in conjunction with food sales. The City could obtain a non-intoxicating liquor license (3 .2 malt liquor) at a fee of $1, 000 for Sunday sales . (Z5---a-a./2, 91 42)' Mary S9ari , Director of Park , Re reation and Forestry RECOMMENDATION; E(,�ULS'1.' FOR OCOUNCIL CONSIDERATION Agenda Section: 15• .. _-------_-_-- 11 u ilq'If t '1'AF F ItLi"Qi '1t Report Number: 9-57=1323WS— III; uml>E:,: -yrs-- III; ;(` May 1, 1995 Report; Date: --4-26-.95-_.-__.-_ NGENDA SESSION DA'1'Ir. I)I i I'(►S I'I'I O N -- -- —----- ------ — ----—— -- - lte,u Description: Discussion of Water Meter Change Out Ari minist.rntor's Review/Recommendation: r ' - No rommenl•q to ,at,pplen,ent; this report - ---- Continents r lt:ached• - Lxpinnrtbion/Surnnu+ry (attach, supplement she®necesenry.) all MAMMY; Staff has completed the review of the RFP' s for the proposed water meter changeout . This endeavor took staff more time than expected due to one vendor not completing the prepared RFP, that was advertised by the City. This vendor was granted an extension of three days to submit the proper document . Upon receiving the requested data, staff requested both vendors to supply additional information based on their initial responses . The City received one questionnaire the day of this writing. When staff presented this proposal to council at an earlier date, it was proposed to changeout the residential meters . Upon further consideration with staff, many of the brands of larger meters in the system would not be compatible to conversion to either telephone reading system. Many of these meters are older and are likely to be in need of extensive repair. In an earlier repair instance it was noted that one of the apartment meters was leaking, sent in for repair, and tested. The test results indicated that the meter was only measuring 15% of the water at low flow, and 4% of the water passing through the meter at high flow. The repair bill which the City pays for was in excess of $300, (the cost of a new meter of this size is between $470 and $640) . In light of this situation, staff is suggesting that the larger meters also be replaced, or at minimum, tested on an annual basis and converted to phone read. Staff requested that both vendors supply quotes for every size and number of meters within the City' s system. Assuming that all meters would be replaced, staff analyzed each RFP, and accurately compared bids . The analysis was prepared using a useful, accurate life expectancy of 20 years, although there is little doubt that the system will surpass that amount of . time . All necessary maintenance agreements, battery replacements, computer programming, and hardware expenses were utilized in the analysis . There are two major differences in the MIU' s used by these two manufacturers . One of them (Schlumberger) , utilizes a battery, which according to the RFP, will require replacement between 10 and 15 years . The other manufacturer ( Sensus) , utilizes the electrical current supplied by the phone for it' s power, and is backed up by a capacitor, with a life expectancy that is virtually indefinite. Staff calculated, based on current battery costs and labor to change these batteries today, would cost the City, $96 , 000 . One additional expense required with both systems is the obvious need for computer support and updates, which equate to maintenance agreements . The cost to provide this necessity to the City from Schlumberger for 20 years is $112 , 000 . Maintenance agreements provided by Sensus will total merely $9, 000 by year 20 . Based on the complete package necessary to replace all meters in the system, and provide for continued staff and hardware support Sensus is the low bidder for this RFP. The complete RFP summary is attached hereafter, and the final costs are as follows : Schlumberger $979, 607 Sensus 825, 414 $154 , 193 Sensus also supplied the requested financial analysis report with a 1-ease / pu-rcha-se -option. The amount of the lease is for -$800, 000 . Finance ---- Director Don Brager, and I have briefly reviewed this document . The leasing options outline three different options . Sensus has supplied a seven, ten, and 14 year lease, all with fixed interest rates . Only the fourteen year lease enables the City to provide for a positive cash in all but the initial year. Staff would request additional time to review these options. Staff is respectfully requesting that Council award the RFP to the low bidder for the entire meter change out package, and allow staff and WaterPro to conduct further research, and possibly negotiate a contract for Council approval . It must be noted that awarding the RFP does not bind the City to proceed to contract . It will merely concentrate staff' s efforts with one manufacturer. Staff is confident that should Council prefer to proceed with the project after discussion of this topic, that staff can prepare the necessary reports for a Council meeting in the near future. Should you have any questions or concerns, prior to the meeting, that staff can answer, or research further, please do not hesitate to call me. Michael Ulrich, Director of Public Works Recommendation: City Council award the RFP for the water meter change out to WaterPro, and authorize staff to research, recommend and prepare contract documents . WATER METER PROPOSAL ANALYSIS SENSUS SCHLUMBERGER METERS 5/8 x 3/4 3, 000 @ $82 = $246, 000 @ $57 = $171, 000 w/o touchpads @ $78 = $234, 000 TOUCHPADS 3 , 000 included in above included in above MIU - 3 , 000 - @ $106 . 50 = $319, 500 - - - - - @-$115 = $345i000 - METER INTERFACE UNIT NA 3 = $7, 500 DATA COLLECTION SOFTWARE & DEVICES $16, 000 $12 , 500 TRAINING Included Included INSTALLATION AND PURCHASE OF LARGER METERS 5/8" * @ $50 = $150, 000 * @ $40 = $120, 680 1"- 68 @ $172 .48 = $11, 729 @ $136 = $9, 248 1 1/2"- 43 @ $360 = $15, 480 @ $373 = $16 , 039 2"- 46 @ $470 = $21, 620 @ $640 = $29, 440 3"- 3 @ $1375 = $4, 125 @ $1600 =$4, 800 * installation only (Additional MIU' s) @ $106 = $16, 950 @ $115 = $18, 400 160 TOTAL IF REPLACED $202 , 954 $180, 207 PLUS MIU' S 16, 960 18 , 400 $219, 914 $198 , 607 MAINTENANCE CONTRACTS $9, 000 $134, 000 20 year cost BATTERY REPLACEMENT NA $96 , 000 CSI software engineering $10, 000 $10, 000 Computer hardware $ 5, 000 $ 5, 000 TOTAL $825,414 $979, 607 SHLUNBERGER $979, 607 SENSUS 825, 414 $154, 193 CONSOLIDATED FINANCIAL RESOURCES, INC. PUBLIC FINANCIERS ROUTE 4 BOX 2A • P.O. BOX 962 GREENVILLE, TEXAS 75403-0962 903-454-4000 FAX 903-454-2320 April 4, 1995 The information below is relative to the proposed financing for the City of Mounds View, MN for the acquisition of water meters and related services. 'file transaction will be as follows: APPROXIMATE PROJECT COST $800,000.00 RESERVE $20,000.00 • SEVEN (7) ANNUAL PAYMENTS Net Effective Lease Rate: 6.98% Payment Schedule: Graduated to meet projected annual increases in metering revenues and billing savings from meter change out project (Please see attached cash Clow projection: "Option 1") TEN (I 0) ANNUAL PAYMENTS • Net Effective Lease Rate: 7.49% Payment Schedule: Graduated to meet projected annual increases in metering revenues and billing savings from meter change out project (Please see attached cash How projection: "Option 2") FOURTEEN (I 4) ANNUAL PAYMENTS Net Effective Lease Rate: 7.98% Payment Schedule: Graduated to meet projected annual increases in metering revenues and billing savings from meter change out project (Please see attached cash Clow projection: "Option 3") The following payment amounts represent total costs, including all issuance fees, and consider disbursement schedules,escrow earnings, accrued interest and stated payment dates. The above proposal is subject to an audit analysis and documentation. it closing occurs after May 4, 1995 the above rates may be indexed to equal maturity treasuries. All issuance costs will he capitalized and reflected in the following payment schedules. Upon closing, lease proceeds will be funded into escrow to he disbursed by the City as per incremental delivery and acceptance of equipment and services. Lease payments will be scheduled begin in February 96 and continue annually thereafter. If you have any questions regarding other payment terms, ti-equencies or conditions, please feel free to call me at 1-(800)486-2374. Submitted by: Wes Chapmon Director of Placement The City of Mounds View Financial Benefits Analysis Lease Purchase Summary Option 1: (debt service graduated over seven years) Program Revenue Repair Billing 1,ease Cash Year increase Savings Savings Payment Flow 1 $14,148 $0 $18,474 ($100,000) ($67,378) ,-> 34..561 0 37.675 (149.387) (77,151) 3 40,825 0 38,428 (156,404) (77,151) 4 47,390 (1 39.197 (163,738) (77,151) 5 54.135 0 39.981 (171,267) (77,151) 6 6 1,1 32 0 40,780 (179,063) (77,151) 7 68,929 0 41,596 (187,676) (77,151) 8 77.428 0 42,428 (0) 119,856 9 86,240 0 43,276 (0) 129,516 10 95,085 0 44.142 (0) 139,227 11 103.809 0 45,025 (0) 148,834 12 1 12,620 0 45,925 (0) 158,545 13 121,589 0 46,844 (0) 168,433 14 • 130,872 0 47,78)) (0) 178,652 15 140.796 0 48,736 (0) 189,532 16 151,46? c 0 49,711 (0) 201,180 17 162,595 0 50.705 (0) 213,300 18 1 74,105 0 51.719 (0) 225,824 19 186,011 O 52,753 (0) 238,764 20 198,324 0 53,809 (0) 252,133 Total $2,062,063 $0 $878,984 ($1.107,537) $1,833,510 The City of Mounds View Financial Benefits Analysis Lease Purchase Summary Option 2: (debt service graduated over ten years) Program Revenue Repair Billing Lease Cash Year Increase Savings Savings Payment Flow 1 $14,148 $0 $18,474 ($75,000) ($42,378) . 7 34,561 0 37,675 (101,920) (29,684) 3 40,525 0 35,425 ( 105,937) (29,684) 4 47,390 0 39,197 (116,271) (29,684) 5 34.135 0 39,981 (123,800) (29,684) 6 61,132 0 40,780 (131,596) (29,684) 7 65,929 0 41.596 (140,209) (29,684) 8 77.425 0 42.425 (149,540). (29,684) 9 56,240 0 43,276 ((159,200) (29,684) 10 95,055 0 44.142 (168,911) (29,684) 11 103.509 0 '45,025 (0) 148,834 12 112,620 0 45.925 (0) 158,545 13 121,559 0 46,844 (0) 168,433 14 130,572 0 47,780 (0) 178,652 15 140,796 0 45.736 (0) 189,532 16 151.469 0 49.711 (0) 201,180 17 162,595 0 50,705 (0) 213,300 18 174.105 0 51.719 (0) 225,824 19 186,011 0 52,753 (0) 238,764 20 198,324 0 53,809 (0) 252,133 Total $2,062,063 $0 $878,984 ($1,275,385) $1,665,662 6 The City of Mounds View Financial Benefits Analysis , Lease Purchase Summary Option 3: (debt service graduated over fourteen years) Program Revenue Repair Billing Lease ("ash Year Increase Savings Savings Payment Ftow 1 $14,148 $0 $18,474 ($50,000) ($17,378) 34,561 0 37,675 (70,000) 2,236 3 40,825 0 38,428 (73,508) 5,745 4 47,390 0 39,197 (80,842) 5,745 5 54,135 0 39,981 (88,371) 5,745 6 61,1.32 0 40.780 (96.167) 5,745 7 68,929 0 41.596 (104,780) 5,745 8 77.428 0 42,428 (1 14,1 1 1) 5,745 9 86,24(( 0 43.276 (123,771) 5,745 10 95,085 0 44.142 (133,482) 5,745 11 103,809 0 45,035 ( 143,089) 5,745 12 112,620 0 45.925 (152,800) 5,745 13 121,589 ii 46.844 (162.688) 5,745 14 13(3,872 0 47,780 1172907) 5,745 15 140,796 0 48.736 (0) 189,532 16 151,469 0 49,711 (0) 201,180 17 163,595 0 50,705 (0) 213,300 18 174,105 0 51.719 (0) 225,824 19 186,011 0 52,753 (0) 238,764 20 198,324 0 53,809 (0) 252,133 Total $2,062,063 $0 $878,984 ($1,566,511) $1,374,536 i ` EQ.UEST FOR COUNCIL CONSIDERATION Agenda Section: 16. Illill 1111 " j Report Number: 95-132:WS _ 4ENDA May 1, 1995 Report Date:SESSION DATE — —_-- • DISPOSITION — -- Item Description: Discussion of the Assessment Policy Administrator's Review/Recommendation: - No comments to supplement this report . t. .,.,,•:, - Comments attached. Explanation/Summary (attach supplement s •• necessary.) 2MMATITIL After the March 8 , 1995 Public Works session, the proposed Assessment Policy was sent to the City Attorney for his review and comments . In reviewing the document, Mr. LeFevere advised staff to include some changes to clarify or simplify the policy. These revisions were made andthe document was returned for final review. It would appear that the legal corrections and implementation of the policy is in order. The amount of any assessment is a Council decision. To briefly highlight these amounts, staff has listed them below: 1 . General street reconstruction would -be assessed to the property owners at a 2/3 rate of the entire project . 2 . Water and Sewer main installation would be assessed to the property owners at a 100% of the entire project . 3 . Water and Sewer service installation or reconstruction would be assessed to the property owners at a 100% of the entire project . 4 . Drainage improvements would be assessed at a rate of 2/3 to the specific watershed district, if improvement was district wide. Site specific improvements would be assessed at 2/3 rate to the benefitting properties . 5 . Sidewalks will not be assessed to the project . 6 . Corner Lots - long side lots would be assessed 25% of the adjusted footage, and 100% of the short side adjusted front footage. 7 . Sealcoating will be assessed at 2/3 rate . These are the basic policy decisions to be acted upon. Council may wish to adjust them accordingly. Staff conducted a phone survey to compare surrounding community' s policy' s with the proposed Mounds View policy. This information is attached for your review, along with the attorney' s comments and revisions . A copy of the assessment policy is in the March 8 , packet . Should you have any questions or concerns prior to the meeting that staff amy s -r or may require additional research please feel free to call me. Michael Ulrich Director of Public Works J.Ia'iLQ.1YmbI,th '.[ MEMORANDUM TO: Jim Thomson • FROM: Charlie LeFevere DATE: March 21, 1995 RE: City of Mounds View Proposed Assessment Policy Statement I have reviewed the draft Assessment Policy Statement for the City of Mounds View and offer the following comments. The last two sentences of section I, C, second paragraph, state: "It is important to recognize the actual cost of extending an improvement past a particular parcel is not the sole determining factor in determining the amount to be assessed. An exception might be a project initiated by a single property owner/developer where market value increase may not be a relevant factor given the nature of the improvement." I am not sure what was intended by this language. However, for special assessments to be constitutionally permissible, they must be supported by an increase in fair market value which is at least equal to the amount of the assessment. To that extent, increase in market value is always a relevant factor in special assessments. Therefore, I would recommend that these sentences be deleted. As an alternative, it may be that this language is intended to state a principal which I do not fully understand. Therefore, it may be that, following discussions with city staff about the intent of the language, appropriate modifications could be made to express that principal without conveying the idea that fair market value increase is not relevant in projects initiated by a single property owner. The last sentence of the following paragraph states "For example, the use of a front foot assessment for some properties and the use of a per lot assessment for other properties of the same class for a related improvement could result in a non-uniform assessment rate which could mean the assessment would be set aside or could be thrown out by the courts." I am not sure what was intended by the words "related improvement". There is no general rule which would prevent the city from using different assessment formulas for different projects, as long as each of the formulas was reasonably related to the increase in fair market value resulting from the improvement. However, I would agree that it would be a problem to use different formulas for the same class of property for one improvement project. I believe that this language would be more clear if the words "a related improvement" were changed to "the same improvement". Section I, D, 1 provides, in the last sentence, that the city must still follow all statutory provisions related to the local improvement process. This is not altogether accurate. The city charter, section 8.02, provides that all local improvements shall be carried out exclusively under the provisions of the charter. Section 8.03 provides that the city council shall adopt ordinances relating to special assessments and that after the adoption of such ordinances, all procedures shall CLL85803 1 MU125-19 conform to the ordinances. A charter city may generally proceed either under Minnesota Statutes, Chapter 429 or under the provisions of city charter. See Minnesota Statutes, § 429.021, subd. 3. Section 429.021, subd. 3 authorizes cities to proceed under charter provided that certain specified statutory procedures are followed. However, when following the provisions of a charter, not all of the statutory procedures need be followed by the city. Therefore, it would be d,) more accurate if the last sentence in paragraph 1 were changed to readHowever, the city must still follow those statutory procedures which are specified in Minnesota Statutes, § 429.021, subd. 3." Section I, D, 2 provides that the city council may decide by simple majority on an improvement after receiving a petition for said improvement from the owners of not less than twenty-five percent (25%) of the properties abutting on the streets named in the petition as the location of the improvement. This provision differs so e hat from city-charter section 8.04 which provides that the petition must be signed by at leas5o in number of the benefited property owners. I would recommend that the policy be changed to conform with the language of the charter. The second to the last sentence of the same paragraph deals with assessments which are 100% petitioned. It provides that "it is advisable to conduct public hearings on the improvement to avoid misunderstanding and to inform the general public." However, section 2.02.07, subd. 8 requires a public l! aring in such cases. Therefore, I would recommend that this sentence be amended to rea 'iowever, as required by the city code, a public hearing shall be conducted on such improvements prior to adoption of a resolution ordering the improvement." The last sentence of the same paragraph provides "Proper waiver of assessments and/or agreements should be obtained from each property owner affected by the improvement." If the city were proceeding under the statutes rather than under the charter, it would be possible for the city to proceed without a public hearing in cases where 100% of the affected property owners petitioned for the improvement and for 100% of the cost to be assessed against their properties. However, the ordinance requires a hearing in all such cases. Therefore, the owners would not be waiving their rights to notice and hearing in such cases. From time to time, we have required property owners in such cases to contractually agree to special assessments in a specified amount and to waive their rights to appeal such assessments. I assume that it is this kind of agreement which is being discussed in the above quotgd .sentence. To make this more clear, I would recommend that the sentence be amended to renthe city council may decide not to proceed with an assessment unless it receives an agreement, signed by all affected property owners, agreeing to the amount of proposed assessments and waiving their rights to appeal such assessments." I In the middle of the following paragraph, the following language appears: "However, a developer's agreement, including a valid and enforceable waiver of assessments if appropriate, shall be negotiated and executed prior to said authorization." However, a developer would not be waiving assessments, as such, but would rather be waiving its rights to appeal the levy of special assessments. Therefore, I would recommend that the word "Assessments" in this sentence be amended to "its right to appeal the levy of special assessments." I would recommend that the following paragraph be added after the first full paragraph in section II, before paragraph a.: CLL85803 'Z MU125-19 �✓ The purpose of assessment formulas is to allocate assessed costs among benefited properties without an actual determination, on a property-by-property basis, of special benefits received. However, the formula should result in an allocation of assessments which is reasonably related to the benefit received. Any one predetermined formula will not be appropriate in all cases because of circumstances unique to the relationship between the specific project and the specific properties benefitted. When considering an assessment method or formula for any given project, it may be necessary to combine assessment methods or to modify the methods described below. Therefore, the following description of methods of assessments should be regarded as guidelines, which may not be appropriate in all cases. Section II, b, 1 beginning with the second sentence and-the-word- "however ...",- contains a- - - description of a modification of the policy which gives the property owner the option of providing a stormwater ponding easement in lieu of the levy of special assessments. This policy may be appropriate in some cases; however, there will be many cases when it is not appropriate to give the property owner the option described in the policy statement0 would recommend deleting everything in paragraph 1 starting with the word "however". I recognize that there will be cases when the City may wish to modify an assessment method given the unique circumstances of a specific parcel. There may also be cases in which the City decides to contract with a property owner to trade an interest in property from the landowner in exchange for a reduction or waiver of special assessments. However, this is true not only in the case of storm sewer easements, but may also be true in other cases, such as street improvements. For example, the City Council could decide to recognize the value of conveyance of an easement for street purposes in a street widening project when determining the amount to be assessed against a parcel. Rather than attempt to formalize the procedures to be followed in such cases into the policy, I would recommend that they simply be treated on a case-by-case basis. Following paragraph, paragraph 2, provides that up to 20% of gross acreage may be deducted for street right-of-way on unplatted parcels of 5 acres or more. It may be that this policy is more appropriate for a residential development than for commercial or industrial property. For example, a 5 acre parcel in an industrial area may be fully utilized without internal public right- of-way. If the staff agrees, it may be appropriate to modify this paragraph so that it applies only to property zoned for residential use, or even only toe family residenliaLuse. Section II, c deals with front footage assessment and provides that the actual physical dimensions of a parcel abutting an improvement"shall NOT be construed as the frontage utilized to calculate the assessment for a particular parcel." There may be cases, particularly in commercial areas, where street frontage is a perfectly appropriate method for levying assessments. Therefore, I would recommend that "shall NOT" be amended to read "will generally not". Section III, A deals with the method to be used for street reconstruction. The last sentence of the first paragraph provides "the front footage rate shall be determined by dividing the project cost by the total number of adjusted front feet in the project area x the individual adjusted front footage x two thirds (2/3)". ,Virt4tp I would recommend that the following sentence be added at the conclusion at that paragrapih:L2The assessments per adjusted front foot may vary depending on the underlying zoning of a parcel.lj This is intended to address the situation where, for CLL85803 3 MU125-19 example, a single project runs through both residential and commercial area. In such a case, the council might well conclude that the benefit received by the commercial property was significantly greater on a front footage basis then that received by the residential property. This paragraph also raises a question relating to how residential properties should be assessed for street improvements on larger streets, such as collector or arterial streets. Many cities will levy only that part of the cost of the project which is represented by the cost which would be incurred if the collector street were reconstructed as a residential street. It may be that this is what was intended by the language of the last paragraph of Section V.11.1. If so, this could be clarified by adding a sentence whichrads " ssessments for residential properties which are on collector or arterial streets shall be adjusted so that the amount of the assessment shall be the same as if the project were constructed to residential street standards as provided in Section V.11.1. of this policy." Section III, B provides, in the third sentence, that "the assessment rates shall be adjusted from time to time based on the Engineering New Record Index. Such an adjustment makes sense in cities which, from time to time, establish a set rate of assessment for various kinds of improvements. For example, some cities establish a rate (for example $.03 per square foot for storm sewer assessments) which applies on a citywide basis. This established rate, then, is adjusted on an annual basis by the Construction Record Index without the necessity of amendment to the city council's resolution establishing the initial rate. However, there is nothing in this policy which suggests that the city council will be establishing any rates which need to be adjusted by the Engineering Index. If the city does not intend to establish such a uniform rate for street resurfacing, but rather will assess the costs on the basis of the adjusted front footage method applied to the actual cost, I would recommend that the last two sentences of paragraph B be deleted. If, on the other hand, the city council intends to set an initial rate for street resurfacing which will apply to all future projects, adjusted in accordance with the index, I would recommend that the second sentence be amended to read "Assessments shall be determined by the adjusted front footage method applied to a rate, per front foot, which is established by resolution of the city council." The following paragraph, paragraph C, deals with sidewalks. This section provides that 50% of the cost of sidewalk improvements shall be assessed to benefitted properties. There is nothing . illegal about this policy. However, in my experience assessing the cost of sidewalk improvements can be highly controversial. Some cities have simply decided that sidewalk improvements should be treated as a public amenity which is not specially assessed against abutting properties. Controversy may be generated, in cases where sidewalks are not constructed on both sides of the street, relating to where the sidewalk should be constructed. It is common for owners to wish to have a sidewalk constructed across the street, on their neighbors property, rather then in their front yard. You may wish to discuss the procedure for sidewalk improvements with some other cities to determine what their experience has been, and what policies they have adopted for sidewalk projects. The following section, Section D, deals with the sealcoating, and establishes the policy that no assessments will be levied for such projects. Again, this policy is certainly legal, but it is also legal for the city to assess all, or a portion of the cost of sealcoating. As you know, sealcoating prolongs the life of a street and forestalls the necessity of street reconstruction. If the city levies 2/3rds of the cost of street reconstruction but none of the cost of sealcoating, the city council may CLL85803 4 MU125-19 be forced to deal with even more controversy than is usual in a street reconstruction project. That is, residents commonly object to incurring the cost of street reconstruction and argue, sometimes vociferously, that the city should simply continue to maintain the street by sealcoating and patching potholes. It may be that the city will incur less objection to street reconstruction projects if the alternative of sealcoating is not free to the affected property owners. Section III, E, 7 deals with corner lots. This section provides that the cost of project will be 100% assessed on the short side and 35% assessed on the long side. This policy is legal, however, it may be difficult to demonstrate benefit in the case of a residential property. A good argument can be made that a residential property needs only to have access to a residential street, and is not benefitted by having access to two streets. Some cities have addressed this problem by giving the landowner the choice of deciding which street will be subject to special assessments. I believe-that-this-is theprocedurefollowed-by the city-of-Brooklyn Center, for - example. City staff may wish to contact Brooklyn Center (the Director of Public Works is Diane Spector) to discuss how this process has worked in Brooklyn Center. Section III, E, 9 deals with double frontage lots. The policy recognizes that for double frontage lots lacking the necessary area for subdivision, only a single adjusted front footage will be computed. However, it does not address the question which of the two street frontages will be subject to assessment. Again, this policy could be amended to provide that the landowner will be given the option of selecting the street frontage which will be subject to special assessment. Section IV, E deals with the terms of assessment. None of the periods specified in this section are longer than 20 years. This policy may be appropriate; however, both state law and city code section 202.12, subd. 1 authorize assessments of up to 30 years. The following paragraph, paragraph B, provides in the first sentence that the interest rate charged on assessments shall be 2% greater than the bond issue or debt used to finance the improvement. There may be some cases in which the city decides to finance improvements by internal borrowing rather than a public bond issue. Therefore, I would recommend that the first sentence be amended by adding the following langurgIIgtr the general rate of interest available to the city for municipal borrowing if the project is funded internally." Section V, C, 2 provides that "state land is normally exempt from assessment unless otherwise negotiated or agreed upon by the affected state agency." Although this is generally an accurate description of the power which state agencies have with regard to assessments for local improvements, it is somewhat misleading about the procedure followed in,.levying such assessments. Therefore, I would recommend that this paragraph be changed to rea ' " tate land is subject to assessment based upon procedures set forth in Minnesota Statutes, Section 435.19, subd. 2." The following paragraph, paragraph 3, deals with county land. This paragraph provides that county land is subject to assessment and shall be assessed in the same manner as commercial and industrial zoned property. I recognize that most county land will be used for commercial or industrial type purposes. However, this is not always the case. For example, the county may own property which is zoned, and even used, for residential purposes. The statute provides that assessments against county property may be levied "to the same extent as if such property were CLL85803 5 MU125-19 privately owned" Therefore, I would recommend that this sentence be amended to read "county land is subject to assessment, and shall be assessed in the same manner as if it were pnvately owned, subject to the limitations set forth in Section 435.19, subd. 1, as long as the assessments do not exceed the special benefits conferred." Section V, D provides, in the third paragraph, that public right-of-way is exempt from assessment. There is nothing illegal about this procedure. However, in my experience, it seems to be more common for the city to accept responsibility for assessments against public right-of- way just as the proposed policy, in the preceding paragraph, accepts responsibility for property used for public buildings. I believe that the reason for deciding to assume responsibility for public right of way is primarily because it is perceived as being more fair by affected property owners. This is particularly true in the case of storm sewer assessments where a substantial part of an area may be-physically-occupied-by-public streets, and; of course,- public streets may - represent a very high percentage of the hard surface coverage in a storm drainage area. Therefore, I would recommend that the city at least consider treating public right-of-way in the same manner as it treats land used for public buildings. Section V, F is entitled "First Serve Situations." I do not understand this paragraph, and can therefore offer no comment on it. Please let me know if you have any further questions. CLL85803 6 MU125-19 REQUEST FOB. COUNCIL CONSIDERATION Agenda Section: .17.__._ - �,iiUli�ll��� :, 95-1329WS }} STAFF REPORT Report Number: 1 May 1, 1995 Report])ate: 4-17-95 AGENDA SESSION DATE . I)ISL'OSJlION — -- — Item Description: Discussion of Pavement Standards Administrator's Review/Recommendation: - No comments to supplement this repoeinUU'. - Comments attached. Explanation/Surra wary (attach supplement sheets as necessary.) sumumula At the March 8, 1995 Public Works work session, street standards were discussed. At that time, thirty two (32) feet was staff' s recommended width of residential streets . There was some question of the additional expense of a 32 foot street, compared to many of the existing 27 to 28 foot streets . Calculations were obtained for both the pavement expense and additional impervious surface created by widening the street section. These expenses and areas are listed below: Impervious Street Width Cost / LF Surface Area / LF 28 feet $24 . 75 29 square feet 30 feet $25 . 93 31 square feet 32 feet $27 . 11 33 square feet These measurements are all face of curb to face or curb. It should be noted that the street reconstruction process will consider proper surface water drainage issues, and designed accordingly. Staff has included in this report, the State Aid standards for residential road design. Although many of the City' s streets are not classified MSA streets, this design does fit the use of the streets. Also included is a letter from Glen Van Wormer, P.E. of SEH' s Transportation Department, further explaining staff' s request for the 32 foot design width. Staff has been performing the ratings for the Pavement Management System this spring, and based on these ratings, a five year capital improvement plan will be tabulated. Street width will determine the forecasted capital expenses . It is important that a standard street width is adopted prior to formulation of the CIP. Staff is requesting council direction in this matter. Should you have any further questions regarding this subject, please feel free to cam . Mic ael Ulrich, Director of Public Works It ' 1 I'NI ATIQM : 17 1=A!. SEII S'I'. PAUL la 002..001 • rte• • • it �r Eirl 3535 VAONAIS CENTER ORIVS.200 SEH CENTER,ST PAUL.MN 55 t t0 612 490.2000 800 325-0055 ARCHITECTURE • ENGINEERING - ENVIRONMENrAL - TRANSPORTATION March 4, 1994 RE: Moundsview Standard Street Widths SEH No. A-MOI_IND9405.00 Mr. Mike Ulrich City of Moundsview 2466 Bronson Drive Mourulsview, MN 55112 Dear Mike: - I appreciated the opportunity to discuss street widths with you earlier this week. We have had an opportunity to review street widths in conjunction with a number of studies we have done for municipalities. This letter will attempt to document some of the generalizations we have been. able to make in working with the other communities. The width of the street and the amount of street devoted to parking or travel is dependent upon several factors including traffic volumes, street function, available off-street parking, and the environment in which the roadway is built. The width of a traffic lane should be 12 feet with 11 feet as an absolute minimum. Lane width is dictated by vehicle width. In Minnesota, pickup trucks or vans with mirrors require almost 9 feet of width which provides a minimum amount of clearance. With some reaction distance of approximately one or two feet per side, a 12-foot lane is justified. Lane widths also need to accommodate a number of other vehicles,including emergency vehicles such as fire engines and ambulances, trash pick-up vehicles, snow plows and other maintenance vehicles, and delivery vehicles. Parking cart be accommodated in the eight feet next to a curb, under ideal conditions. Since snow removal seldom deans all the way to curbs, and adjacent snow banks often require a vehicle to park a short distance from the edge of the bank, a 10-foot parking lane is desirable in virtually all instances, with nine feet as an absolute minimum_ Where two lanes of traffic are needed (one in each direction), 24 feet minimum is necessary. If parking is permitted on both sides of the street, and the two traffic lanes are needed, two 10-foot parking lanes would be added for a 44 foot minimum street width_ In many areas, parking will not occur continuously on both sides and two lanes of traffic are not needed continuously. In residential areas, one 12-foot travel lane and two 10-foot parking lanes (32 feet total) will provide adequate service. With adequate off-street parking for most residential units, it will only be for special events such as parties or meetings that vehicles will be parked on both sides of the street for any length of that street. With low volume traffic, opposing vehicles cart take turns passing through the parked area. While this involves some inconvenience that may require some vehicles to wait, back up or even pull in the driveways while opposing traffic passes, the number of times this will occur will be relatively small. If s om ELLIOTT MADISON,L:; Fi1=NORlCKSON INC MINNEAPOLIS.MN ,ST.CLOUD.MN CHIPPEWA FALLS,WI iS: I s F-\\ S1-:II ST. PAUL Wi01i3:u0.1 Mr. Mike Ulrich March 4, 1994 Page 2 continual parking on both sides of the streets occurs regularly, two traffic lanes should be provided. An option would be to prohibit parking on one side of the street. Where on-street parking occurs only occasionally,the likelihood of vehicles being parked on hal sides of the street is less, and opposing vehicles can wait and take turns passing the few parked vehicles_ The inconvenience and additional maneuvers such as backing up or pulling in driveways will be lessened considerably. Because it is essential to have one unrestricted lane of traffic for emergency vehicles and others, the 32 feet of width is still very desirable. With parking on one side of a 32-foot street, traffic still have 22 to 24 feet of pavement beyond the parked vehicle. Thus, a single-parked vehicle or series of vehicles parked on a single side will still allow adequate room for two lanes of traffic to pass. There are a considerable number of other factors affecting street width. We have had opportunities to observe these many factors and how they are impacted by street widths. We have observed traffic on streets as narrow.as 20 to 24 feet with curb and gutter, and on wide streets in residential neighborhoods ranging from 44 to even 52 feet. The many factors which affect width,coupled with our numerous observations and experience,has led us to recommend 32 feet as a general standard for residential areas for the following reasons: • Permits on both parking on both sides of the street. • Permits one lane of traffic at all tames. • Provides a small extra width for winter snow accumulation, etc. • Punctions well for all types of vehicles which may use the street, including emergency, maintenance, delivery, and school busses. • Provides room for bicycle traffic in what is normally the parking lane. • Provides room for pedestrians in what is normally the parking lane_ • Allows turning in and out of driveways with less interference from parked vehicles across the street or adjacent to the driveway. • Permits turning in and out of driveways by larger vehicles, such as delivery vehicles, boat trailers, etc. • Parking lane can also accommodate delivery vehicles such as mail or paper deliveries_ • Parking lane can accommodate disabled vehicles or maintenance vehicles. �,. • : 1;5 1':O. SLII S1 . FAUL iJ U0.I, i)ii.1 • Mr. Mike Ulrich March 4, 1994 Page 3 • Fits well within a 60-foot right-of-way with room for signs, hydrants, snow storage, etc., on the public berm. • • Provides better sight distance along the street. • Doesnotinvite higher-speeds or-tluough-traffic._ - - Street width should only be as wide as necessary to accommodate the use. However, Mt4 1 residential areas place a number of demands on the street system for parking, travel, bicycle, pedestrians, deliveries,and emergencies. While arguments can be made for narrower streets in terms of less surface area,less cost,"slower traffic",and more aesthetic appearance, they actually operate relatively poorly in providing a service to the adjacent residents. We can provide a number of examples, if necessary. We hope that the above information will help the City in determining the street width which should be looked at as a standard. If you need any more information or would like to discuss this further, please feel free to call either myself at 490-2045 or Steve Campbell at 490-2067. .5i.ncerely, Glen Van Wormer, P. E. Manager, Transportation Department nn c: Steve Campbell • Tom Sohrweide . II Tab. C (2) 5-89/.210 STATE AID MANUAL December 28, 1992 • 8820.9935 GEOMETRIC DESIGN STANDAn'DS: URBAN; 30 TO 35�M'.P.H. DESIGN SPEED; NEW OR RE ,3NSTRUCTION (Applies- to • projects on the FAS System, Oki..System Bridge projects, and State Aid projects) In the following tables, total width is in feet, face-to-face of curbs. When a median is included In the design of the two-way roadway, add two feet to the dimension shown. This provides a one-foot reaction area on either side of the median. Minimus median width is four feet. TWO-WAY STREETS • fitAr -- --- - ------ - -- ------ Mu er of}9.Fxl,� a a r-igen itjf xZNo kIfI z�.� �._ arking iar s w. g s P., . ..., a �v 0 ' t ft4;xt rhrougit # r�>: .fit a 9atb .tdssw,:,.Rr ...t{,z.-..;Ofw: jde<i �xvs Y ti►�}`n/gip C >£•s•r.`a"<>a'`.$+s - . r za x �- .,"'eF`u 23aa: r:x idl4fa ) 2-Lane Collector Low or 26' / 32' E 38' > Nigh (2-11-11-2) (8-11-11-7� 8-11-11-8 / \ r 4-Lane Collector Low or 48' 60' Nigh (2-11-11-11-11-2) (8-11-11-11-11-2) (8-11-11-11-11-8) 2-Lane Arterial Low 30' 36' 42' (4-11-11-4) (4-11-11-10) (10-11-11-10) • 4-Lane Arterial Low or 48' 56' - 64' Nigh (2-11-11-11-11-2) (10-11-11-11-11-2) (10-11-11-11-11-10) 6-Lane Arterial High 70' None None (2-11-11-11-11-11-11-2) ONE-WAY STREETS t� 110 P.rti f•tq} £}s xL = ss£• a 4 DParHrIkFinidg e 3 8) t rougii # [ hf3a ot .Side. ! 7 ................................................... - T Fsj%ssi 'P1a0rktha Side.i ki 1-Lane Collector Low or None None None High 2-Lane Collector Low or 26' 32' 38' Nigh (2-11-11-2) (2-11-11-8) (8-11-11-8) I-Lane Arterial Low None None None • 2-Lone Arterial Low or 26' 34' 42' Nigh (2-11-11-2) (2-11-11-10) (10-11-11-10) 3-Lane Arterial High 37' 45' 53' (2-11-11-11-2) (2-11-11-11-10) (10-11-11-11-10) Urban design roadways must be a mirm s nine-ton structural design. A new or rehabilitated bridge rust have a curb-to-curb width equal to the required street width. HS-25 loading is required. Design speed is based on stopping sight distance. For federal-aid projects the design speed must equal or exceed the legal speed limit. Design speed less then the regulatory or legally posted speed for a limited nusber of locations within s project oust be adequately supported end documented and a design exception must be approved by FHUA. Wherever possible, lone widths of 12 feet, rather than 11 feet, should be used. Refer to table 8820.9950 for classification, capacity, and peak-hour relationships. ' REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 18 A 0 01NIllilli�� 95-1330WS 5 vT A T,r REopB [ Report Number: !al r May 1, 1995 Report Date: AGENDA SESSION DATE i)ISPOSI'I'ION Item Description: Discussion of Signalization of Pleasantview Dr. & TH 10 Administrator's Review/Recommendation: - No comments to supplement this repo � _ ` ' - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) Staff attended a meeting on March 30, 1995 in Spring Lake Park to discuss the possible signalization of the intersection at Pleasantview Drive and TH 10 . In attendance at this meeting were representatives from Spring Lake Park, Ramsey County, Anoka County, MnDot, Blaine, and the Fire Department. The preliminary plans were drawn by MnDot in 1987, and these were the one' s that were reviewed. Mounds View' s portion of the proposed split of the project would be 12% or approximately $12, 000 . The Fire Department initially indicated that they would not be willing to contribute any funding, unless opticon were installed on this light and possibly the rest of the signals on Highway 10 . The City of Spring Lake Park conducted a public hearing on a proposed senior housing complex a year ago. Many residents from Mounds View attended this meeting. The discussion of signalizing this intersection was addressed at this time. Staff was told that the comments from the Mounds View residents were in favor of this project . Signals would facilitate a safer, more user friendly crossing of Highway 10 . Access to the northwestern quarter of the City by emergency equipment would also be more effective . Future meetings on this topic have yet to be scheduled. Staff is seeking Council' s input to forward at the appropriate time . i Mi hael Ulrich, Director of Public Works 11 .CS),IYI] ENDATIOM REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 19.__ o it Illi�II� STAFF Report Number: 95-1331WS III. %'?' May 1, 1995 Report Date: __-4__--2 =— - ------ AGENDA SESSION DATE DISPOSITION Item Description: Consideration of Booster Station Electrical Upgrade Administrator's Review/Recommendation: - No comments to supplement this rep -t - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) UMIV luu A few weeks ago, staff met with Barb Biren, a representative from NSP, to discuss the City' s rate structure for the pump houses . By changing to a new rate structure and minor operational adjustments the City is forecasted to save an additional $3, 600 . Staff has approved the change in rates and is adjusting the operation schedule of the wells accordingly. In further discussion, staff also requested information about energy efficient motors, variable frequency drives (VFD) , and any other related data that could help the City save money related to the pumping of water. One of the topics which stood out as a very good energy saving device, and operational enhancement is changing to a VFD on one motor at the booster station. A VFD will provide for a constant level of water in the tower, during peak usage times in the summer. It will also ensure adequate pressure and volume for fire protection, while saving energy costs. Wear of the pump, motor, and starter will also be greatly reduced, saving repair, and maintenance costs. After further research, staff discovered that VFD' s are not available for motors exceeding 100 hp. at 240-volts . The City would have to change either the current motor (125 hp. ) to 100 hp. or upgrade the service to 460 volts . NSP offers both rebates for converting to high energy efficient motors ($12/hp) , and the installation of VFD' s ($70/hp) . The payback in electrical expenses for a VFD installed on a 100 hp. motor, would be less than two years according to computer models of our current operation. Staff and SEH are currently searching files to locate the pump curves for the booster pumps . This information will indicate whether changing motors and drives is possible and feasible . Additional upgrades will be required if it is determined that 100 hp. motors can not be utilized. Converting the standby generator and switching panel to 460 volts would also be necessary. Although this would be an additional expense to the City, the payback would be realized in future energy costs . These costs are unavailable at this time. NSP will pay for 750 of the engineering costs to determine if this type of upgrade is possible . If through the study, it is determined that converting to a VFD is not applicable for the City, NSP will still pay for their 75% . j ' ' 1YI + .. The City' s portion of the engineering feasibility study could be funded from the Water Capital Improvement Bond for system improvement. It is recommended that if the upgrade is possible and effective in all aspects of consideration, that this project also be funded through the remaining bond funds . Although there is an initial capital expense for this upgrade, the savings in electrical expenses and operational savings would be realized well into the future . Staff requests council approval to apply for the NSP engineering rebate, and if approved, proceed with the feasibility study. If you have any questions, or concerns regarding this matter, please feel free to call me . 6-1c,/ e-4/111,7 Michael Ulrich, Director of Public Works WY OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 20. STAFF REPORT Report Number: 95-113?WS AGENDA SESSION DATE May 1, 1995 Report Date: 4 27 95 DISPOSITION Item Description: Discussion of Support for MHFA's Motion to Continue with Their Foreclosure Proceedings Against Northridge Properties Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; Minnesota Housing Finance Agency's attorney is requesting that the City of Mounds View support their motion to continue with foreclosure proceeding against Northridge Properties for Woodlawn Terrace Apartments. In October, Northridge Properties ceased making payment to MHFA for the first mortgage on Woodlawn Terrace. In January, MHFA commence foreclosure proceedings against Northridge Properties. Then in February, Northridge Properties filed Chapter 11 bankruptcy. MHFA is now requesting the court to dismiss the case so that they can continue with the foreclosure proceedings and appoint a receiver to the property. Ultimately, MHFA would like to resell the property and continue to provide funds for the rehabilitation of the property. At this point, MHFA is unable to do continue with any rehab. In addition, the City of Mounds View still is owed approximately $56,000 in unpaid water bills and is the largest creditor, aside from MHFA, relating to the property. The information was sent to City Attorney, Jim Thomson, who's opinion is to support MHFA on this matter. C )(5e/11. 1-666 Cathy Benn , Economic Develop nt oordinator RECOMMENDATION; HOLMES & GRAVEN CHARTERED Attorneys at Law 470 Pillsbury Center,Minneapolis,Minnesota 55402 ROBERT A.ALSOP (612)337-9300 JAMES M.STROMMEN RONALD H.BATTY JAMES J.THOMSON,JR. STEPHEN J.BUBUL Facsimile(612)337-9310 LARRY M.WERTHEIM JOHN B.DEAN BONNIE L.WILKINS MARY G.DOBBINS GARY P.WINTER STEFANIE N.GALEY JOE Y.YANG CORRINE A.HEINE JAMES S.HOLMES WRITER'S DIRECT DIAL DAVID L.GRAVEN(1929.1991) DAVID J.KENNEDY JOHN R.LARSON 337-9209 OF COUNSEL CHARLES L.LEFEVERE ROBERT C.CARLSON JOHN M.LEFEVRE,JR. ROBERT L.DAVIDSON ROBERT J.LINDALL WELLINGTON H.LAW ROBERT C.LONG T.JAY SALMEN April 25, 1995 Don Brager Director of Finance, Treasurer City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 RE: Northridge Properties Dear Don: Enclosed is a letter from MHFA's attorney concerning the above matter. MHFA is requesting our support in their motion to continue with their foreclosure proceedings. It seems to make sense to support MHFA on this matter. Ultimately, if MHFA is successful, the property will be resold to a new, and hopefully more responsible, owner. Please call me after you receive this information so we can discuss how to proceed. Sincerely, _ ..es J. homson c. lk JJT:jes Enclosure cc: Samantha Orduno (w/enclosure) Cathy Bennett (w/enclosure) JJT87580 Mi7125-26 O'NEILL, BURKE, O'NEILL LEONARD & O'BRIEN John B. Burke,Jr.+ Timothy M.Walsh Joseph T.O'Neil* Joseph J.Deuhs,Jr. Brian F. Leonard* Attorneys At Law Thomas C. Atmore Michael R. O'Brien A Professional Association Karen A. Chamerlik Lawrence A. Wilfordf John T. Kelly Eldon J. Spencer,Jr.* Eric D. Cook Edward W. Gale 800 Norwest Center 100 South Fifth Street Kristen A.Ziemer Peter H. Grills 55 East Fifth Street Suite 1200 Of Counsel: James A. Geske Saint Paul, Minnesota 55101 Minneapolis, Minnesota 55402 John F. Kelly Michelle McQuarrie Colton Telephone (612)227-9505 Telephone (612)332-1030 Kenneth B. Peterson Grover C. Sayre,III Thomas W. Newcome IIIt Fax (612) 297-6641 Fax (612) 332-2740 David E.Crawford Brian F. Kidwell +Retired Thomas W. Newcome Reply to: Minneapolis *Also admitted in Wisconsin tCertified Real Property Specialist (Minnesota State BarAssociation) April 24, 1995 Mr. Jim Thomson Holmes & Graven 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 Re: Your Client: City of Moundsiew Our Client: Minnesota Housi g Finance Agency Debtor: Northridge Properties Dear Jim: Our office represents the Minnesota Housing Finance Agency, which holds a first mortgage on the apartment complex known as the Woodlawn Terrace Apartments in the City of Moundsview. Our client's mortgage is roughly 2.67 million dollars. Your client is owed approximately $56,000 by the property owner, for an unpaid water bill. In October, 1994, the owner ceased making payments to the MHFA. In January, our client commenced foreclosure proceedings and brought a Motion for the appointment of a Receiver. On February 17, 1995, the owner filed a Chapter 11 bankruptcy proceeding. The MHFA has filed a Motion seeking relief from the automatic stay, or in the alternative, dismissal or conversion of the case. I enclose a copy of the summary of schedules filed by the Debtor. Your client is named on Schedule E, and is designated as an unsecured priority claim. In fact, your client may be a lien holder on the property. You will also note that the summary reflects that other unsecured creditors total only $37,526.50. It is my understanding, that in addition to the long delinquent water bill, the City may be concerned about building code violations and other problems at the property. The property owners have failed to perform much needed deferred maintenance on the property, and the property has a significant amount of problems and rehabilitation needs. Mr. Jim Thomson April 24, 1995 Page Two We feel that the property will be much better maintained if the MHFA can foreclose its mortgage, and resell the property to a responsible owner. We also believe the water utility bill owed to your client can be resolved quickly and in a manner satisfactory to your client, if our client's Motions are granted by the Court. I would like to obtain your client's support for the pending motions by our client. I enclose a draft of a proposed filing for your review. I will call you later today or tomorrow to discuss this matter. Thank you for your time and consideration. Very truly yours, O'NEILL, BURKE, O'NEILL, LEONARD & O'BRIEN By Brian F. Leonard BFL:cmr Enclosure 15142_1 UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA FOURTH DIVISION Chapter 11 Case In re: BKY Case No. 4-95-876 Northridge Properties, Debtor. RESPONSE OF CITY OF MOUNDSVIEW TO MOTION BY MINNESOTA HOUSING FINANCING AGENCY FOR RELIEF FROM STAY, OR IN THE ALTERNATIVE, CONVERSION OR DISMISSAL OF CASE The City of Moundsview, by and through its undersigned counsel, hereby serves and files its Response to the Motion of the Minnesota Housing Finance Agency ("MHFA") in which the MHFA seeks a modification of the automatic stay in this case, or in the alternative, a dismissal or conversion of this case. The City of Moundsview is owed approximately $56,000 on a past due water utility bill which has been delinquent for a considerable period of time. The City maintains that this water utility bill is a lien upon the real estate project owned by the Debtor. The City of Moundsview supports the Motion of the MHFA. The City of Moundsview believes that the interests of the creditors in this case are best served by modifying the automatic stay in this case to allow the MHFA to exercise its rights and remedies with respect to the real estate project owned by the Debtor. In addition, the City of Moundsview will not support or accept any Plan of Reorganization proposed by the Debtor, unless such Plan of Reorganization pay the amount owed to the City of Moundsview, in full, immediately upon confirmation and without impairment of its claim. HOLMES & GRAVEN Dated: By James Thomson Attorneys for the City of Moundsview 470 Pillsbury Center Minneapolis, MN 55402 15140i United States Bankruptcy Court DISTRICT OF MINNESOTA FOURTH DIVISION In re:Northridge Properties 95-40876 Debtor Case No.: SUMMARY OF SCHEDULES Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A.B.D.E,F. I.and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor's assets. Add the amounts from Schedules D,E.and F to determine the total amount of the debtor's liabilities. AMOUNTS SCHEDULED • NAME OF SCHEDULE ATTACHED NO.OF ASSETS LIABILITIES OTHER (YES/NO) SHEETS \+ ' ?i:%% L:::i\v:;.::•n4.n :i::::i:'.ijiii% :+ \i>C:% 4: \% < .. .. v SSS:.; •A-Real Property2,200,000.00. :;r\ . `y1T ' i::iii. y rl:c ; x } , \ \\\ 6 ?; ? : Wa\ Nt : j } Y ;$v :; < 7 - - ti\:;�\�\\\\\`s,=i;i:.<>::+.:R;:y:a; 10:i:;'<:s:;:>:: :i.••:::::>i:::<:%::::i:%}g':fi;{i:i?:i;:>Y?in:;%::f +}\`}}!\G\,.;,;}}::i:::::::a':'::.v::•};;}:•}::!!\'!! :•:i}}:•}:vv::t}jM%ii%:;%NO:{:;::\ij::i:7 1 ?:::\\si•:ii:�i: s:::i::::;Y:}:�:X:?Sf::�;<:%;: ::;% ;:%t%:;k::::;:::%%}:r::?: :;t::3<; :;;:;;}:•::<;%:;: B-Personal Property32 438.58 ?a:a�\,_:;:;;;::;;:<•: !:•}}:?;%:::::}:;;•::;•:?•}::•:•}%::•::•::?:;:•::%:::•%!:•r:;}::•:::•::?<;}:•:•}:g::?s:•:;•!}:i.: 3 $ i \:;iz: a.V :KEKI Ss:}::.:r;•:i «'ilii M ii:•::::ai iiiigi.%•s::i:.:,•:<%::::::i:i.:::: :i:i +\::-: \\ ;:}-}h':�!i.�-:.:�..-.:v.:::::.,•:,.�;•:::.,•:::....:\+���i:`•r�i'::'i`i< ^isi .i: ;Sp:`.;g::� ::',•::..a::::3 S.SS \ �\\ ......\ \ ;:.... ....:......:.......`.:::::.% ' ' % ? .:: •w?:r \ \�\\\' . .. \ \., . m+ + .......r:.:.:.?? : :r..•..::....:. i.}.:. :. ;:. : :::;• :?:SSfi:: \ :::::;CProperty Claimed ` ::•:, \ :.:.:....�,.::•,•:.,•.?•+\ .w:::::i:;:::%s:<:: » : r::'::<>: ::><: \SS::: :: :<:%:z%rii�ii?i i AsExempt %r � \, A \ \ : \\l } :4F � :S nipti? ri {p� ��` \\:\\\ q, \w�c\+.: o \xotii ::: . % : i+!,•% .,. .. • ...... . ...\.. ..\ \\\.::avt ::•:�:•!:???•::ri:vv;%:i.nt:';::':itiji:;::::y:,.. . �:.:4}}??•? •:::ti•}:•:?.{:v : ; ::3 + \ +'\\•%x•::ray';::�vii::?;!%}`.- i .... ...;•:;:•::•}til.rti%v_:_ ] SSS..'• :i4:'i:;:?;r: :ti D-Creditors Holding :» z s??" %"«s:>; ;€~'<:< igiWomiiiil g \ \\ $ 2,676,926.40€%s ;:;;:: :}• ,..c�..,fz+:;< .,:%:: Secured Claims j ?j' . \ ,\� x:?:5.:•:;:x : > .rr:>:<•::<> -::Hil;'jC\ S.';++� +:��\ :>.+.4:Sii:�R;? tr{;:'F'yvr:^I%:•:••'?}�j�;4:^'-:' }f?i;}, \\, 45`\+!:!\\.\\ ?:%SSSS}\};:4:S:i♦ E: :ni .k`% .•''+ \\ •y'o :,•i * `fyw k.{ `fKJkViit>>;e . , /%•rv \.. � w :%:ice: IPM:wa•; � .: E-Creditors HoldingUnsecured •x; + � r\\.\\, 56,483.92€ f •.r: ::->:::•::?•• ? > :. ..PrioritY Claims 2 j/' \ \ iio . :i : \ u s \ ::: : i jN: ` $ ir:, : \;: y3 4-Ts' ? , . � ; ¢ n\\:\\} > ` SV ` F-Creditors Holding Unsecured \\\\ .% . \? `\ � : r \' .... S %4irfixY..: :w?:�v=3 37526.50 , i:K:i r,.i ismi .i:i:t; . Nonpriority Claims \ �\\�y,Y� �.. ;. .:::0? ,,ms ;F • \\ `Y�' � ::r�S4+os�vg\0h ?'l •: . i " t:% {:::::;:: `? l: � ; v .•.•:. •,;:;%. ^ \ :\\� R _, •\?;•'1: \ ;::'6:kw':� '\b •i:.;i*;::,\,A' - : ,. G-ExecutoryContracts and '5%04.V.. ,-\ \ ':': v�7<.:� \" j♦'r , k \wvi �ru •� �.+r!,ir! i . _ "�: \:v>.%j/ \ \\�'' \ i� J \y ^,JY'�'�i �. J .,.. r &-..;;Unexpired Leases 1 ir. : \\ '. � .. a y,. .v ?EI.\\.ft �, � . ? +,r..y,_ �.� ,• \: r H-Codebtors j 'z.7%'-'i-.-o\ ;.1,-- *\,, , z,/y'% hAZ� x• crs :/? �\� jiz� '. . \'.+ 4./, ..„,\'\�.r•. ;.` ..drn\+?♦/l'' � !.:I 4'Y<,\\%2•�3i�Y4:s.�6::5:%a;:R•:..,/b' �_�.�=' Gve ' \ r ,,,,,:,_, I- Current Income of ...7--"::::a\. \ • v% f;.. �„ ,,,.& i, /ir Partnership Debtor N/A "✓':;::�\\ iry 'y' `�^� w //` 0.00 / A\\ \\r // h:tom/'\\ r?\o' .>��+:'i/i'%60..”`%:::,\V:f�,io J- Current Expenditures of \ r• _s;�,; fir\ /" a '•r Partnership Debtor 2 :%/"• \` ~ r . ~ \ // ///�` .}•.\ 0.00 \\� r /// ���,.�� j j r \\+ -\�''• • r/..moi ' // °i.:• \<irs�sy-.: .. !*iii i.I ::i3':jrSr 1.... .S.r'9'PAliit s; SummarySheet rrr '\\+:.I / ? "%}':i\,+<r .':•�/ ....•1' r�r .....r......` j. ..c:,w\ i / 5�\ ~r • {% .+;: ��/�.°C:ai§K::`..\�`?1?%0 .%,::::.50:%;y9/ 01,..`o., s/s ni7' +5,�s;`6,.. f':: Total number of sheets /y;A:. • ,'J.as"J' ''''x;�!/ %� '/ <;�c\'%i xi : ': > i.�. .`:.•ibl j.., .;. r% „� Mkt / % %fie:, y 'G ';,:: 23 its+ \\ '%i ":g:1:',\ .5.f,i:�:.� }.. . .�,;.: •r.•:,;?:.:}++:yr ,..f •:. in ALL Schedules W / / it/�/�///casa3i% ?is: ,%s..v:.¢ 5a�•l/% c Yr��2:><;. Wets: ..-/,_. �...v • .... SSSS - J/.:moi.v:•:��j 4.;•Uri:`zR.°�.i•` 'M' ::.... %::.,>,< •':•y',,•'s,.,.xi.,a..;..'?n Total Assets $ 2,232,438. 58 -u.;?".4�:;�',\+5 it � y yr ;v%--0.- /./f:A-ui �:rii%/ri4,4,t-:4:4%*.',.' : Total L at+lities -1!$ 2,770,936. 821 Total No.of Creditors 53 Rec. on MAR 0 3 1995 Matthew Bend«&co. 6 Patr•os 3 De Wane,Claric EY . Deputy Cleric ' S \ Y®F REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 21. STAFF REPORT Report Number: 95-1333WS 1141796 � AGENDA SESSION DATE May 1. 1995 Report Date: /1_27 95 DISPOSITION Item Description: Discussion of Computer for Mayor and Council Administrator's Review/Recommendation: - No comments to supplement this reportII.rAi/- - Comments attached. Explanation/Summary (attach supplement sh- :s necessary.) ,SUMMARY; At the April 25, 1995 Goal prioritization meeting, the use of laptop computers by Council members for access and efficiency purposes was briefly discussed and forwarded to the May 1, 1995 Worksession for further discussion. Some of the information staff has gathered includes: • Zeos Notebook, 486DX2-50, includes 9.5" Dual Color Screen, 8 MB RAM 350 MB hard drive, 3.5" floppy drive, carrying case, battery, software, mouse, PCMCIA 14.4 data/fax modem. Total $2,994.00 + tax & delivery • Acer 486DX2-50, 4 MB RAM, 340 MB hard drive, mouse, PCMCIA 14.4 data/fax modem Total $2,179.98 + tax and delivery • AST 486DX2-50, 8 MB RAM, 340 MB hard drive, mouse, PCMCIA 14.4 data/fax modem Total $3,179.98 + tax and delivery • Toshiba 486DX2-50, 4MB RAM, 350 MB hard drive, 10.4, mouse, battery, PCMCIA 14.4 data/fax modem $2,778.99 + tax and delivery • A 24 month lease for a similar computer would be approximately $200.00 per month. Staff is seeking Council direction in this matter. jtECOMMENDATION; 11141141 Tim Cruikshank, Asst. To City Admin. CM OFREQUEST FOR COUNCIL CONSIDERATION Agenda Section: 22. ON��DS STAFF REPORT Report Number: 95-1334WS ��W AGENDA SESSION DATE May 1, 1995 Report Date: i1-27-95 DISPOSITION Item Description: Discussion of 6:00 p.m. Work Session Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; As you have noticed by now, the Agenda for the May 1 Work Session is rather lengthy. While the Work Session Agendas are not always as involved as this one, there are times when items take longer than anticipated and the meeting drifts into the late hours. Since many of us are currently involved in numerous night meetings, it is perhaps not the best approach to reinstate a 2nd Work Session. One consideration may be to commence the Council Work Sessions at 6: 00 p.m. rather than 7 : 00 p.m. In the event that Work Sessions are lengthy, it would be possible to conclude them at a more reasonable hour. This item is laced on the agenda merely as a point for discussion. --.) Al / . Saman a Ord no, Cit ' Adminis rator RECOMMENDATION• / / MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: MARY SAARION, DIRECTOR OF PARKS, RECREATION AND FORESTRY DATE: APRIL 27, 1995 RE: UPDATE ON THE GOLF COURSE The Golf Course Details document has been updated for your review. I will provide a short synopsis of highlighted activities relating to golf course operations during the last 3-4 weeks during the work session on May 1 , 1995. Activities are moving so fast that it is difficult to provide details on everything that is happening at the golf course. Staff is working hard to ensure that operations continue as smoothly as possible and that the golf course will be more than ready for the Dedication and Grand Opening. GOLF COURSE TASK LIS r OF lamrig.xkx mais 440011--r4 1111 4411 A 14 6::::::::f.:satti li • _ _i 5 BORES 4••••43.1 Aiirc•rvi.m PLAN THE - C�Y�SM BRIDGES READI NESS MOUNDS 'IT TEAM GOLF FACILITY Date Projected Completed Completion Date Project March March Assemble benches June - Install benches,trash cans. April 21 May Design parking lot striping and contract parking lot striping services. June Install tee markers. June Install fairway and other course signs. June Install greens markers and install cups. April April Arrange for power cart leases - 6/21/95 Kurt 8L Mike - April May Greens — monitor comback growth and repair as needed. June Plant bushes near clubhouse. May Tees — monitor comeback growth and repair as needed. April 30 Conduct spring inspection with architects Paul - Miller and Garrett Gill. May Boardwalk — Bridgeco to level boardwalk, level posts and cap. On-going Mow as necessary — on-going On-going Fertilize as necessary — on-going On-going Topdress tees and greens. April April Aereate turf April April Turf sweep leaves off course and range April April Activate sprinkling system. June Arrange portable restroom facility. ,,,• , THE MARKE'I`Z NG� BRIDGES PRowsovri oxs MOUNDS ITIE'T GOLF FACILITY Date Projected Completed Completion Date Project April Order envelops and letterhead April Order staff employee cards Ordered ( not rec'd yet) March Order golf course rendition picture for Clubhouse March 31 March Prepare golf publication for residents June Prepare generic promotion piece January 2 January Write info for Twin City Golf and send picture January 2 January Prepare promotional ad for Twin City Golf April 12 April Prepare coupon ads for various golf discount books April 12 April Prepare ad/coupons for April golf course publication in papers On-going On-going Regular articles in Mounds View Matters newsletter On-going On-going Cable TV show segments All called in March March Call local High School Athletic Directors for team practices: Mounds View Irondale Centennial Blaine Spring Lake Park , , ' 1.:::::.;� T c THE - SALES, BRIDGE SAirNimmarnox far MOUNDS ZTIEAAT GOLF FACILITY DATE PROJECTED COMP7-ETF7D COMPLETED PROJECT April April ORDER- FOR SALES: Hats Golf Shirts Sweat Shirts Gloves Umbrella Shoes Balls Tees Pencils Scorecards ORDER - FOR VENDING: April April Pop Candy Chips Crackers Candy April April ORDER - OVER THE COUNTER SALES: Coffee/hot chocolate Ice Cream Bars Beer Wine coolers April Program/integrate cash register system for over the counter and retail sales April Purchase and install refrigerator/freezer April 18 April Prepare forms and acquire for vending stickers required by State of Minnesota April 18 April Complete and submit forms for consolidated food license application. 1 THE • - - SfALEs/ F gRiuGEsExi xG j010,111110*- MOUNDS ZTIE'T GOLF FACILITY Date Projected Completed Completion Date Project April 1.8 April Complete and submit forms for inspection fees for vending machines. March 29 March Complete ad info for CTE Sun Community yellow pages directory advertising. In process April Apply for DRAM-SHOP Insurance. In process May Apply for Liquor License. /,,,: ,1 ORIDS LESSr4N5 MOUNDS 'TIE' W7 GOLF FACILITY Date Projected Completed Completion Date Project March 22 March Prepare lesson schedule March 22 March Prepare league schedule March March Advertise both leagues and lessons — papers — flyers — special mailing April 22 April 22 Hold initial registration day - April 22 On-going On-going Receive telephone information calls On-going On-going Send information as requested by customers On-going On-going Work with companies and groups requesting league times. Hold league meetings. Complete league rules. A0.1-r4 ,' THE ACCOT T!ri NG BRIDGES P'ROCEDURTS y MOUNDS ZTIEAAT GOLF FACILITY Date Projected Completed Completion Date Project March March Purchase and install safe Selection made April 18 April Purchase cash register system In process of installment April Integrate cash register with accounting pro- cess In process April Itemize codes for vending items sales April April Prepare procedure for daily deposits to bank In process April Prepare accounting procedures April April Conduct pricing comparisions for various goods and services On-going On-going Pay bills April April Research taxable items and identify April April Place Golf Course employees on payroll schedule ill. OM kg .q _ RACTI CE Rivri rF- OIUDGEs ��, READI ATESSS4Ll��lb MOUNDS ITIEZwT GOLF FACILITY Date Projected Completed Completion Date Project March March Purchase and install spring golf mats March March Purchase range balls and buckets April March Order safety signs for practice range area March March Install ball dispenser March March Install ball washer at equipment stall March March Install cage on cart March March Install ball picker on cart On-going March Mow On-going March Aereate On-going March Turf Sweep On-going March Fertilize April March Put out greens flag THE' - GRAND, BRIDGES O! 4. •'� GOLF iCCIIIJ3FLSJE BfirdigES E piishIci MAX T_Y ZMIwROZTEMENTS MOUNDS ZTIETWT GOLF FACILITY Date Projected Completed Completion Date Project June. Plant pine trees east of parking lot May Install slats in fence to screen trucking area April 25 May Install monument entry sign May Install 35W lit sign April Re-sign old signs to be located along 118 /� � • ( INSURANCE. ISSUES g��o�ES PROPERTY, LI ABI LI TY, MOUNDS -sr IE'T GOLF FACILITY Date Projected Completed Completion Date Project March. March Prepare_fixed_assets_list for insurance cover- age March March Provide information on worth of fixed assets for insurance coverage March March Confer with City insurance agency regarding property coverage March March Meet with risk management for liability coverage and procedures April Acquire dram shop insurance April Acquire liquor license April Review cart leasing agreements April Review vending service agreements April Prepare rules and regulations for public April April Request City Attorney's review of posted rules and regulations THEES - . FFI-NG BRIDGerr MOUNDS ZTIMA7 GOLF FACILITY Date Projected Completed Completion Date Project March March Prepare Golf Course Superintendent job description March March Advertise for Golf Course Superintendent position April March/April Receive and screen applications for Golf Course Superintendent April April Organize an interview team for Golf Course Superintendent position April April Organize an interview team for Golf Course Superintendent position April 12 April 12 Conduct interviews for Golf Course Superin- tendent April 13 April 13 Hold special City Council meeting for ap- proval April 24 April Plan orientation day, complete employment forms April 24-28 April Have Kurt orientate new Golf Course Super- intendent in operation of sprinkling system, well, pumping system, etc. April 7 April Determine seasonal staffing needs, shifts, positions, etc. March March Advertise seasonal positions in Sunday papers — Pioneer Press and StarTribune March March Advertise seasonal positions in local paper — New Brighton Bulletin 4 ') BRIDGES ST.PiFFZG _ _ MOUNDS YIE AT GOLF FACILITY Date Projected Completed Completion Date Project On-going March/April Send out applications upon request March March/April Screen applications for seasonal positions April March/April Schedule interviews for seasonal positions April March/April Check interview candidates with police files April March/April Conduct interviews for seasonal employees April April Conduct reference checks for seasonal em- ployees April April Prepare work agreements with details of job duties of seasonal employees April April Complete employment forms/make em- ployee files April April Prepare employee manuals for policies 8,1 procedures • April 17-21 April Conduct employee orientation April 17-21 April Conduct employee training April 17 On-going Schedule work times/dates/jobs On-going On-going Evaluate on seasonal employees frequent basis BRIDGES Mai SSCELLANEOli.TSt MOUNDS VIEZsT GOLF FACILITY Date Projected Completed Completion Date Project March March Post Office — work with post office for mail service April April Health Department — work with Health Department for license procedures and compliance to regulations April April Ag Department— work with Ag Deaprtment for license procedures and compliance to regulations April April Work with insurance company for proce- dures, signage, records keeping which will be beneficial for insurance purposes MI 0 r o cn chi> 0 K F CDD rrl C CA a - a p g 0* > -1F: t ) r~/�• g 0* V f 0az i 521) 0 zZ •-.• PA 1CA CDLa co 0 al0 N 0 O Z r w 'T3 I. 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