HomeMy WebLinkAboutAgenda Packets - 2015/01/05 (2)
CITY OF MOUNDS VIEW
CITY COUNCIL WORK SESSION AGENDA
MOUNDS VIEW CITY HALL
Monday, January 5, 2015
Immediately following Special City Council Meeting
ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller
PUBLIC COMMENT
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your
full name and address for the minutes. Also, please limit your comments to three minutes.
Agenda Items Discussed by Consensus
1. Discuss Janitorial Cleaning Contract
2. Energy Savings Partnership (ESP)
3. Discuss 2014 Citizen of the Year Award
4. Discuss Staff/Council Retreat Format
5. Assessments for Mustang Drive
6. Review Ordinance 891, Relating to Garbage and Recycling Collection
Next Work Session: Monday, February 2, 2015, at 7pm
Next City Council Meeting: Monday, January 12, 2015, at 7pm
Item No: 1
Meeting Date: January 5, 2015
Type of Business: Work Session
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Don Peterson, Public Works Supervisor
Item Title/Subject: Janitorial Cleaning Contract for City Hall and Community Center
Background/Discussion:
One of the duties of the Public Works Department is to oversee the cleaning contract for both
the Community Center and City Hall. The current contract has cleaning performed at the
Community Center on the weekends. Public Works staff cleans the building during the
weekdays. City Hall is cleaned 5 days a week by the contractor. As the 3 year contract expired
in 2014, we have continued on a month by month basis with the contracted company. This
month by month approach was agreed upon until a new contract is reached or a new contractor
found.
.
Staff started working with Hillyard Floor Care Inc., to improve the cleaning expectations of the
contractor for both City Hall and the Community Center. Hillyard implemented their CCAP-
(cleaning cost analysis program), looking at cleaning procedures, and cleaning efficiencies.
CCAP includes measuring room sizes and analyzing how the rooms or spaces are used. After
determining square footage of all rooms, and understanding frequency of cleaning and
expectations, Hillyard provided an estimate of hours needed to complete the tasks. City staff
met with Hillyard to review daily, weekly, and monthly cleaning tasks, revising for efficiency and
clarity. After this was finalized city staff sought contractors to provide a quote for the cleaning
service at City Hall and the Community Center; a walkthrough was required before submitting
quote.
The goal is to improve the cleaning at both facilities without a large cost increase. Increasing the
number of cleaning days at the community center would allow the custodian to clean the Park
Buildings and perform small building maintenance items. Currently those items are performed
by a Park Maintenance employee. By having the custodian do the park building cleaning, our
park employee would have more time to work in the Forestry Division, working with residents
and the Shade Tree Disease Ordinance.
The current 2015 budget for City Hall cleaning is $18,000 and for the Community Center is
$9,000. The low quote received for cleaning City Hall 5 days a week was $22,374.30 and
cleaning the Community Center 7 days a week was $18,513.77.
Some options:
1) Decrease number of daily cleaning tasks at city hall
2) Decrease number of days cleaning is done at the Community Center
3) Seek different quotes from other cleaning companies
4) Make a budget adjustment for cleaning contracts in both the City Hall and
Community Center Budget, taking funds from the Forestry Department for consulting.
5) Hire a Forestry consultant removing these duties from the Parks Maintenance staff
Item 01
January 5, 2015, Work Session
Page 2
Recommendation:
Staff is seeking direction from City Council in moving forward with a cleaning contract for City
Hall and Community Center. These options will be discussed further at the January 5, 2015
work session.
Respectfully submitted,
Don Peterson
Public Works Supervisor
Item No: 2
Meeting Date: January 5, 2015
Type of Business: Work Session
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Don Peterson, Public Works Supervisor
Item Title/Subject: Energy Savings Partnership (ESP) for the Community Center, City
Hall and Park Buildings.
Background / Discussion:
The Community Center was constructed in three phases between 1997 and 1998. Construction
for the center utilized portions of the existing Bel-Rae Ballroom building that occupied the site
prior to construction. Unfortunately, there were a number of construction and design issues that
occurred during and after construction of the facility. Since completion, there have been many
issues related to the HVAC system at the Community Center that have required many staff
hours and expenses to diagnose and repair.
Since 1997 five (5) roof top units have been replaced, RTU #1, #2, #3, #4 and #8. The other
units are either 1997 or 1998 vintage. The life expectancy for these RTUs is 15 years, currently
the units are pushing 17 plus years of service. Some of the units run at a constant temp 24hrs a
day 7 days a week.
After the recent replacement of RTU #1, #2 and #8 staff understood the Council’s direction to
avoid any further major expenses at the Community Center. Staff met with Trane and reviewed
the inspections reports to try and prioritize the repairs and/or replacements. Currently the
Kitchen MUA unit needs repairs and/or replacement. This was placed in the 2015 budget in
special projects fund 480-4180-7050 at a cost of $25,000. Staff and Trane realized that more
attention was still needed to address the ongoing equipment repairs and the comfort levels at
the community center along with some programing and operational issues.
Staff started working with Trane to find other funding sources to make the needed repairs and
upgrades to the HVAC system and controls at the Community Center. A program was found
and is called ESP (energy savings partnership) and is administrated by the St. Paul Port
Authority. This program is an appropriation lease program, some key points to the funding are:
• Project needs to be $50,000 or more
• Under 15 year payback
• 3% or less financing (2.9% for under 10 years)
• Needs to be a public entity that owns the site
• Will be funded on energy and energy savings
• Funding does not show up on the city budget as debt
• TCPN can provide competitive bid requirements
Originally only the HVAC system at the Community Center was considered. As this program
was explored, we discovered the City could take advantage of additional energy savings. Now
more components in the building are being considered including interior and exterior lighting,
new RTUs with upgraded controls. In discovering what the ROI (return on investment) was for
the community center we expanded the program to include City Hall, the Park Buildings and the
trail lights along County Highway 10.
Item 02
January 5, 2015, Work Session
Page 2
Currently the following items are being proposed to be replaced with this Energy Savings
Partnership.
• Community Center Interior lighting retrofit and upgrades (LED)
• Community center exterior lighting retrofit and upgrades
• Replace RTU #3,#5, #6 and #7 & kitchen MUA with BAS upgrades
• City Hall HVAC controls
• City Hall Lighting to T-8
• City Hall boiler / hot water heater upgrades
• Park buildings Random, Lambert and Silver View install solar panels 20KW
system
• Trail Lights upgrade to LED
Staff, with the help of Trane, will give a short presentation of how the program works and what
will be required of the City to take advantage of this program.
Respectfully submitted,
Don Peterson
Public Works Supervisor
Item No: 03
Meeting Date: January 5, 2015
Type of Business: Work Session
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: 2014 Citizen of the Year Award
Introduction:
The City of Mounds View Citizen of the Year Award recognizes ordinary citizens who have
demonstrated initiative to improving the community. Past recipients of this award include:
2004: David Jahnke
2005: Frank Silvis
2006: Ed Lanz
2007: Don Hodges
2008: Barbara Haake
2009: Diane Wuori
2010: Jean Miller
2011: Jerry Skelly
2012: Greg Belting
2013: Gary Stevenson
Nominations are open to the public and the award is subject to the following guidelines below:
Eligibility:
Nominees must be a Mounds View resident, business owner or land owners. Current elected
officials, City employees, City contractors, or past Citizen of the Year Award recipients are not
eligible.
Selection Criteria:
Courage: Exemplifies courage and determination to follow one’s own values.
Initiative: Demonstrates drive and initiative in his/her approach and overcoming
challenges on the way.
Time Commitment: Volunteers a significant amount of time and energy to the betterment
of the City of Mounds View and its residents; more than just financial
contributions.
Effectiveness: Generates positive results for the community.
Unselfishness: Does not expect anything in return for his/her actions, i.e., financial
compensation, fame or political notoriety.
Item 03
January 5, 2015, Work Session
Page 2
Discussion:
This award is currently scheduled to be awarded at the Monday, March 30, 2015, Town Hall
Meeting, located at City Hall. Below is the timeline for applications and City Council approval. Staff
will advertise on the City’s website, City’s Facebook page, and submit press releases to the Sun
Focus and the Bulletin.
Applications Available at City Hall & on the City Website: Friday, January 9, 2015
Applications due to Assistant City Administrator: Monday, February 9, 2015
Applications to the City Council for Review: Monday, March 2, 2015 (WS)
2014 Citizen of the Year Awarded by City Council Resolution: Monday, March 9, 2015
(Council Meeting)
2014 Citizen of the Year Award Recipient Contacted: Tuesday, March 10, 2015
2014 Citizenship Award Plaque Ordered: Wednesday, March 11, 2015
2014 Citizenship Award Presented to Recipient: Monday, March 30, 2015
Recommendation:
Staff wanted to inform the City Council that Staff is starting the process for the 2014 Citizen of the
Year Award. Applications for the 2014 Citizen of the Award will be available at City Hall and the
City’s website starting on Friday, January 9, 2015.
Respectfully submitted,
________________________
Desaree Crane
Staff Report
Assessment Considerations for Mustang Drive Pavement Rehabilitation and Drainage Improvements
Projects
To: City of Mounds View – Honorable Mayor and City Council Members
From: Cristina Mlejnek
December 30, 2014
Background:
Mustang Drive/Mustang Circle is a dead-end local municipal street segment located off
Old Highway 8 in the southernmost part of Mounds View. This street segment serves eleven
industrial and commercial properties in the Mounds View Industrial Parks No. 1-3 and
Midway Industrial plat additions. Many of these properties have large numbers of semi-
truck traffic entering and exiting Mustang Drive/Circle and include freight distribution
centers. Maintaining access to and limiting interruptions for these properties during
construction is important and may require a phased approach.
Pavement Improvements
Mustang Drive is approximately 1,550 feet in length and Mustang Circle is approximately
610 feet in length with a 135-foot diameter cul-de-sac. Both segments have concrete curb
and gutter (Mn/DOT Design 8618) with a bituminous pavement surface measuring 36-feet
wide (lip-to-lip of gutter). Mustang Drive was originally constructed in 1974 and Mustang
Circle in 1979. Maintenance includes a seal coat in 1994 and pothole patching and skim
coating. The current pavement is in poor condition with significant surface patching,
potholes, and moderate to high severity traverse cracking. Curb and gutter is in fair to
good condition.
In late 2011, American Engineering Testing, Inc. (AET) performed geotechnical and
pavement evaluation services on behalf of the City for Mustang Drive/Circle. AET's ten
pavement cores showed bituminous pavement thickness ranging from 4.25 to 7.5 inches
and found stripping at multiple layer interfaces. AET recommended a pavement
rehabilitation design (10-ton, 20-year ESAL of 2,000,000) as follows:
1. Mill bituminous surface to a depth of 3 inches;
2. Perform stabilized full depth reclamation to a depth of 6 inches asphalt/aggregate
base;
3. Place 3.5 inches of bituminous wearing course in 2 lifts (Mix SPWEB440F).
AET provided an alternative design option for Mustang Circle due to its better condition
than Mustang Drive:
1. Mill bituminous surface to a depth of 3 inches;
2. Place 3 inches of bituminous wearing course in 2 lifts.
There may be some sections of curb and gutter needing replacement or correction,
however, the majority of curb and gutter is expected to remain undisturbed.
December 30, 2014
Assessment Considerations for Mustang Drive Pavement Rehabilitation and Drainage Improvements Projects
Page 2 of 5
Storm Drainage Improvements
Street flooding at the intersection of Mustang Drive and Mustang Circle occurs on a
frequent basis. This intersection is the low point on Mustang Drive and is the only location
where drain inlets exist. An area of approximately 16.7 acres of the industrial park drains to
these intersection inlets. Actual flooding is caused by the existing storm sewer system
being unable to accommodate runoff from storm events as frequent as every one year.
Flooding from these frequent storms cause shallow ponding in the street and grass
boulevard areas, while larger storm events will cause street ponding to a depth of about
one foot that extends 70 feet to the north of the intersection. A significant contributor to
this runoff is associated with the freight distribution property on the south side of Mustang
Drive.
A drainage study was prepared in 2007 by Stantec (formerly Bonestroo) for Mustang
Drive/Circle intersection. The study detailed the drainage issues and inadequacies,
and also provided four options for improving flooding at this intersection. These
options involve one or more improvements involving street grades, drain inlet and
storm sewer modifications, and new storm ponds. Public Works has recommended an
option where the existing street profile would be modified to direct excess runoff north
along Mustang Circle, requiring reconstruction of the road profile to remove the high
point located 70 feet north of the intersection. This will also require modifications to
two existing entrance drives to match the revised curb line elevations. This option will
direct excess flow to the existing low point in Mustang Circle. The existing drainage
channel (ditch) west of the street may also need to be regraded to provide adequate
capacity.
Funding/Chapter 429 Process
Improvements to Mustang Drive/Circle have been discussed for several years and have
been included on the Capital Improvement Program and previous years' budgets. The
2015 draft budget includes the following funding:
TIF District #2 (420-4650-750): $ 450,000
Stormwater Fund (745-4415-7050): $ 75,000
Total $ 525,000
The City Council indicated to staff during budget discussions recently that they would like
to use special assessments as an additional funding source. This process is mandated by
Minnesota Statute Chapter 429 and would assess a portion of the costs to the benefitting
abutting properties.
Chapter 429 has specific steps and activities that must occur during the project
development (see attached checklist). The first step is to order a feasibility report. This
was done at the December 8th Council meeting. The report is in progress and will
consider whether the project is necessary, feasible, and cost effective. Other report
items include permits needed, land issues, and a layout of the proposed improvements.
December 30, 2014
Assessment Considerations for Mustang Drive Pavement Rehabilitation and Drainage Improvements Projects
Page 3 of 5
Some preliminary engineering design and analysis for the storm drainage improvement
options may be necessary for completing the feasibility report.
The report will have a detailed cost estimate for the improvements, including amounts to
be assessed to each parcel and the methodology used to calculate the proposed
assessments. Staff has been directed to provide assessment considerations which
are presented here. Other options not shown do remain available. The City shall
provide direction with regards to assessments for inclusion in the final Feasibility
Report.
Assessment Distribution
In accordance with Mounds View Code 202.09 Subd 3, three methods of assessments
were considered: Area Assessment, Unit Assessment, and Front Footage Assessment.
Area Assessment is based on the parcel’s area, derived by dividing the area of each
property to be assessed by the total area of properties to be assessed. Unit Assessment is
derived by dividing the total project cost by the number of units in the project area. Front
Footage Assessment is derived by dividing the property’s front footage along the project
area by the total front footage of the project. The three assessment options can be seen
below.
Option 1 and Option 2
OPTION 1:
Area Assessment
OPTION 2:
Unit Assessment
Address Owner
Area
(AC)
Area
Assess per
parcel%
Area
Assess per
owner% Unit
Unit
Assess per
parcel%
Unit
Assess per
owner%
2151 Mustang Dr Gregory & Jane Kelley 0.97 1.52%1.52%1 8%8.33%
2159 Mustang Dr
Bauer Welding Metal
Fabricators 7.79 12.19%12.19%1 8%8.33%
2169 Mustang Dr
Midwest Motor
Express Inc. 8.15 12.76%12.76%1 8%8.33%
4800 Mustang Cir Phillip Javinsky 1.05 1.64%1.64%1 8%8.33%
4860 Mustang Cir Fac Holdings LLC 4.63 7.25%7.25%1 8%8.33%
4825 Mustang Cir D & A Development Co 4.24 6.64% 1 8%
4825 Mustang Cir D & A Development Co 2.95 4.62% 1 8%
4825 Mustang Cir D & A Development Co 3.6 5.64%16.89%1 8%25.00%
4751 Mustang Cir Fedtech Partners LLC 9.99 15.64% 1 8%
4751 Mustang Cir Fedtech Partners LLC 5.89 9.22%24.86%1 8%16.67%
2160 Mustang Dr MFJ Company LLP 13.09 20.49%20.49%1 8%8.33%
4759 Old Highway 8 GI Technology Inc 1.53 2.40%2.40%1 8%8.33%
100.00%100.00%100.00%100.00%
December 30, 2014
Assessment Considerations for Mustang Drive Pavement Rehabilitation and Drainage Improvements Projects
Page 4 of 5
Option 3
OPTION 3: Front Footage Assessment
Address Owner
Front
Frontage
Rounded
Front
Footage
Frontage
Assess per
parcel%
Frontage
Assess per
owner%
2151 Mustang Dr Gregory & Jane Kelley 364.2 364 8.13%8.13%
2159 Mustang Dr
Bauer Welding Metal
Fabricators 452.55 452.5 10.11%10.11%
2169 Mustang Dr Midwest Motor Express Inc. 463.51 463.5 10.36%10.36%
4800 Mustang Cir Phillip Javinsky 447.22 447 9.99%9.99%
4860 Mustang Cir Fac Holdings LLC 402.1 402 8.98%8.98%
4825 Mustang Cir D & A Development Co 125.66 125.5 2.80%
4825 Mustang Cir D & A Development Co 195.75 195.5 4.37%
4825 Mustang Cir D & A Development Co 222.99 222.5 4.97%12.15%
4751 Mustang Cir Fedtech Partners LLC 233.94 233.5 5.22%
4751 Mustang Cir Fedtech Partners LLC 90 90 2.01%7.23%
2160 Mustang Dr MFJ Company LLP 1200 1200 26.82%26.82%
4759 Old Highway 8 GI Technology Inc 278.91 278.5 6.22%6.22%
100.00%100.00%
We looked at the results of the literal Front Footage Assessment of Option 3 and adjusted
the lengths per the code (see attached Title 200) to arrive at Option 4 which is shown
below. To account for the bends in the alignment of Mustang Circle and further adjust for
the cul-de-sac, as well as to account for the flag-shaped parcels, we arrived at Option 5.
Option 4
OPTION 4: Adjusted Front Footage Assessment
Address Owner
Adjusted
Front
Footage
Rounded
Adjusted
Front
Footage
Adjusted
Frontage
Assess per
parcel%
Adjusted
Frontage
Assess per
owner%
2151 Mustang Dr Gregory & Jane Kelley 336.88 336.5 5.86%5.86%
2159 Mustang Dr Bauer Welding Metal Fabricators 426.275 426 7.42%7.42%
2169 Mustang Dr Midwest Motor Express Inc. 463.51 463.5 8.07%8.07%
4800 Mustang Cir Phillip Javinsky 404.23 404 7.04%7.04%
4860 Mustang Cir Fac Holdings LLC 542.8121 542.5 9.45%9.45%
4825 Mustang Cir D & A Development Co 469.4572 469 8.17%
4825 Mustang Cir D & A Development Co 181.4133 181 3.15%
4825 Mustang Cir D & A Development Co 200.01 200 3.48%14.81%
4751 Mustang Cir Fedtech Partners LLC 705.05 705 12.28%
4751 Mustang Cir Fedtech Partners LLC 511.39 511 8.90%21.18%
2160 Mustang Dr MFJ Company LLP 1200 1200 20.90%20.90%
4759 Old Highway 8 GI Technology Inc 302.6 302.5 5.27%5.27%
100.00%100.00%
December 30, 2014
Assessment Considerations for Mustang Drive Pavement Rehabilitation and Drainage Improvements Projects
Page 5 of 5
Option 5
OPTION 5: Adjusted Front Footage Assessment
Address Owner
Adjusted
Front
Footage
Rounded
Adjusted
Front
Footage
Adjusted
Frontage
Assess per
parcel%
Adjusted
Frontage
Assess per
owner%
2151 Mustang Dr Gregory & Jane Kelley 336.88 336.5 6.70%6.70%
2159 Mustang Dr Bauer Welding Metal Fabricators 426.275 426 8.48%8.48%
2169 Mustang Dr Midwest Motor Express Inc. 463.51 463.5 9.23%9.23%
4800 Mustang Cir Phillip Javinsky 404.23 404 8.04%8.04%
4860 Mustang Cir Fac Holdings LLC 565.47 565 11.25%11.25%
4825 Mustang Cir D & A Development Co 244.84 244.5 4.87%
4825 Mustang Cir D & A Development Co 175 175 3.48%
4825 Mustang Cir D & A Development Co 200.1 200 3.98%12.34%
4751 Mustang Cir Fedtech Partners LLC 200.05 200 3.98%
4751 Mustang Cir Fedtech Partners LLC 505 505 10.06%14.04%
2160 Mustang Dr MFJ Company LLP 1200 1200 23.89%23.89%
4759 Old Highway 8 GI Technology Inc 302.6 302.5 6.02%6.02%
100.00%100.00%
Upon analysis of all five options we recommend using Option 1- Area Assessment or Option 5 -
Adjusted Front Footage Assessment, as the per Unit method does not consider parcel size.
Applying Opinion of Probable Cost
Using the estimated project cost of $575,000 (see attached), the assessment costs of Option 1 and
Option 5 can be determined. Assessment amounts have been calculated in the attached tables. If
$65,000 in storm sewer improvements are assessed to each property, they will be assessed between
$16,200 and $988. If $510,000 of street rehabilitation is assessed, each property will be assessed
between $126,800 and $7,800. The remaining tables display the cost should 25% and 12.5% of the
street rehabilitation cost be assessed. If the budgeted TIF and Stormwater Fund are used, the
remaining project cost may be approximately $60,000 which is approximately 12% of the total
estimated cost.
Please let me know if other considerations/calculations shall be explored prior to Monday’s meeting.
Respectfully submitted,
STANTEC
Cristina Mlejnek, Project Manager
Special Assessment Checklist
The following is a suggested checklist that may be useful in helping to ensure that every step in
the process of making the local improvement, assessment of the cost, and financing is done as
required. In no way does it diminish the necessity of checking with the city attorney throughout the
process to assure legal compliance. Some of the steps will be omitted in some projects, others in
different projects, but these can be crossed off when not applicable in the individual case. Where
certain steps are never done locally, as where the financing steps are the responsibility of an
outside consultant, these may be omitted altogether from the list. Additional steps may be put in
the list – for example, to list both the preparation of the notice of hearings and of their affidavits of
publication.
No checklist of this kind is legally required. For proceedings where some steps are combined for a
number of projects, the form as drawn may be cumbersome and perhaps impractical.
SPECIAL ASSESSMENT CHECKLIST1
Steps to Follow Completed by Whom Date
1. Petition received (Forms 1-3)
2. Resolution declaring adequacy of petition and ordering preparation
of feasibility report (Form 4, 4A)
3. Feasibility report (preliminary report and cost estimate)
4. Resolution accepting report and calling for hearing (Form 5)
5. Affidavit of publication of notice of hearing (Form 6)
6. Affidavit of mailing notice to affected property owners
7. Minutes of public hearing showing testimony and findings
8. Resolution ordering improvement and preparation of plans (Forms
7, 7A, 8)
9. Resolution approving plans and ordering advertisements for bids
(Form 9)
10. Affidavit of publication of advertisement for bids (Form 10)
11. Preparation of contract proposal (Form 11)
12. Preparation of assessment roll (Forms 12, 13)
13. Resolution for hearing on proposed assessment (Form 14)
14. Affidavit of publication of notice of hearing (Form 15)
15. Affidavit of mailing notice to affected property owners (Form 15A)
16. Minutes of public hearing showing testimony and findings
17. Resolution adopting assessment (Form 16)
18. Notice of final assessment
(NOTE: This may be an optional step. See Form 17A)
19. Certification of assessment to county auditor (Form 18, 18A)
(NOTE: If annual certification plan is followed, the clerk may wish to
include a separate sub-step for each year)
Steps to Follow Completed by Whom Date
20. Notice of assessment against public corporation (Form 19)
21. Resolution accepting bid and awarding contract (Form 20)
22. Contract (Form 21)
23. Receipt of contractor’s bonds (Forms 22A, 22B)
24. Engineer’s recommendation for final acceptance (Form 25)
25. Resolution accepting work (Form 26)
(NOTE: If work is sometimes done by day labor, additional steps
might be added here based on Forms 27 to 29B)
26. Resolution of issuance of temporary improvement bonds
27. Advertisement for bids for temporary improvement bonds
28. Affidavit of publication of advertisement for bids for temporary
improvement bonds
29. Resolution awarding contract for temporary improvement bonds
(NOTE: Steps 27, 28, 29 may be omitted if city invests in its own
temporary improvement bonds. If temporary bonds are not used,
Step 26 may be omitted also)
30. Resolution for issuance of improvement bonds
a. Advertisement for bids for improvement bonds
b. Affidavit of publication of advertisement for bids for improvement
bonds
31. Resolution awarding contract for improvement bonds
32. Resolution prescribing bond form and making tax levy
33. Certified copy to county auditor
34. Certificate of county auditor
35. Signature and no litigation certificate
35. Treasurer's receipt and delivery certificates
1 In the event that assessment occurs after awarding the contract, Steps 12-20 (Forms 12-19A) would take place
beginning after Step 29.
TITLE 200
MUNICIPAL FINANCES
Subject Chapter
General Finance Provisions .........................................................201
Public Improvements ...................................................................202
Funds ............................................................................................203
Local Lodging Tax .......................................................................204
City of Mounds View
201.01 201.01
CHAPTER 201
GENERAL FINANCE PROVISIONS
SECTION:
201.01: Municipal Depository
201.01: MUNICIPAL DEPOSITORY: At its first meeting each year, the Council shall
designate the depository for the Municipal funds. (1988 Code §2.14)
City of Mounds View
202.01 202.01
CHAPTER 202
PUBLIC IMPROVEMENTS
SECTION:
202.01: Title, Purpose and Authority
202.02: Definitions
202.03: Effect of Charter Provisions
202.04: Statute Provisions Adopted
202.05: Council Powers and Authority
202.06: Combining Improvements
202.07: Improvement Petition Procedures
202.08: Contract Procedures; Performance of Improvements
202.09: Apportionment of Cost
202.10: Assessment Procedures
202.11: Appeal to District Court
202.12: Payment of Assessments
202.13: Deferred Payment of Assessments
202.14: Service Charges; Special Assessment Against Benefitted Property
202.15: Special Assessment Against Property of Governmental Units
202.16: Supplemental Assessments and Re-Assessments
202.17: Fees and Charges for Tax-Forfeited Lands Returned to Private Ownership
202.18: Improvements Abandoned
202.19: Financing of Improvements
202.20: Charges for Emergency Services; Collection; Collection of Unpaid Service Charges
and Fees; Collection of Unpaid Administrative Offense Penalties
202.01: TITLE, PURPOSE AND AUTHORITY:
Subd. 1. Short Title: This Chapter will be known, cited and referred to as the MOUNDS
VIEW PUBLIC IMPROVEMENT CODE, except as referred to herein, where it shall be
known as “this Chapter”.
Subd. 2. Purpose: It is the purpose of this Chapter to provide the procedure for initiating,
constructing, maintaining and financing local improvements and the imposition of special
assessments. (1988 Code §26.01)
Subd. 3. Authority: This Chapter is enacted pursuant to the Home Rule Charter of the City
(hereinafter referred to as the “Charter”), Section 8.03. (1988 Code §26.02)
City of Mounds View
202.02 202.04 (Rev. 5/10)
202.02: DEFINITIONS: For the purpose of this Chapter, the terms defined in this Section
shall have the meanings ascribed to them. Other terms shall have the meanings ascribed to them
in the Charter or other provisions of this Code, where applicable or consistent.
Subd. 1. CITY: The City of Mounds View.
Subd. 2. COUNCIL: The City Council of Mounds View.
Subd. 3. CLERK: The Mounds View City Administrator. (Amended, Ord. 844, 5-20-10)
Subd. 4. IMPROVEMENT: Any type of improvement made under authority granted by the
Charter or State law 1.
Subd. 5. LOCAL IMPROVEMENTS: A public improvement financed partly or wholly
from special assessments.
Subd. 6. NEWSPAPER: The official newspaper of the City 2.
Subd. 7. NEWSLETTER: A letter published by the City at regular intervals at least six (6)
times each year 3.
Subd. 8. STREET: Any street, alley or other public way or any part thereof.
(1988 Code §26.03)
202.03: EFFECT OF CHARTER PROVISIONS: Local improvements shall be carried
out exclusively under the provisions of the Charter. (1988 Code §26.15)
202.04: STATUTE PROVISIONS ADOPTED: The provisions of Minnesota Statutes
444.075, pertaining to waterworks systems, main sewers and sewage disposal plants, as amended
from time to time, are hereby adopted by reference. (1988 Code §26.24; 1993 Code)
1 M.S.A. §429.011, et seq.
2 See Section 108.01 of this Code.
3 See Charter Section 1.13.
City of Mounds View
202.05 202.05
202.05: COUNCIL POWERS AND AUTHORITY: The City Council shall have power to
make the following improvements:
Subd. 1. To acquire, open and widen any street and to improve the same by constructing,
reconstructing and maintaining sidewalks, pavement, gutters, curbs and vehicle parking
strips of any material or by grading the same, including storm sewers or other street
drains and connections from sewer, water or similar mains to curb lines 1.
Subd. 2. To acquire, develop, construct, reconstruct, extend and maintain storm and sanitary
sewers and systems, including outlets, holding areas and ponds, treatment plants, pumps,
lift stations, service connections and other appurtenances of a sewer system, within and
without the corporate limits 2.
Subd. 3. To construct, reconstruct, extend and maintain steam heating mains.
Subd. 4. To install, replace, extend and maintain street lights and street lighting systems and
special lighting systems.
Subd. 5. To acquire, improve, construct, reconstruct, extend and maintain water works
systems, including mains, valves, hydrants, service connections, wells, pumps, reservoirs,
tanks, treatment plants and other appurtenances of a water works system, within and
without the corporate limits 3.
Subd. 6. To acquire, improve and equip parks, open space areas, playgrounds and
recreational facilities within and without the corporate limits 4.
Subd. 7. To plant trees on streets and to provide for their trimming, care and removal 5.
Subd. 8. To abate nuisances and to drain swamps, marshes and ponds on public or private
property and to fill the same6.
1 See Title 900 of this Code.
2 See Chapter 907 of this Code.
3 See Chapter 906 of this Code.
4 See Chapter 905 of this Code.
5 See Chapter 605 of this Code for disease control
6 See Chapter 604 of this Code.
City of Mounds View
202.05 202.07
Subd. 9. To construct, reconstruct, extend and maintain dikes and other flood control works 1.
Subd. 10. To construct, reconstruct, extend and maintain retaining walls and area walls.
Subd. 11. Other improvements authorized by Minnesota Statutes, section 429.021, as
amended from time to time. (1988 Code §26.04)
202.06: COMBINING IMPROVEMENTS: An improvement on two (2) or more streets
or two (2) or more types of improvement in or on the same street or streets or different streets
may be included in one (1) proceeding and conducted as one (1) improvement.
(1988 Code §26.04)
202.07: IMPROVEMENT PETITION PROCEDURES:
Subd. 1. Petition Instituted: All local improvements to be paid for by special assessments
against the benefited property shall be instituted by either: 1) petition of at least
twenty-five percent (25%) in number of the benefited property owners together with
a resolution adopted by an affirmative vote of the majority of all of the Council; or 2)
a resolution adopted by a four-fifths (4/5) affirmative vote of all of the Council.
Subd. 2. Council Resolution; Notice of Hearing:
a. The Council resolution shall state the nature and scope of the proposed
improvement and shall provide means to obtain a cost estimate which shall set forth the
cost of the improvement both in unit price and in total thereof. Upon receipt of such
estimate, the Council shall, by resolution, set a date for a public hearing on the proposed
improvement, setting forth therein the time, place and purpose of such hearing. Such
resolution shall be described in the City Newsletter and published twice at least one (1)
week apart in the official newspaper of the City no less than two (2) weeks prior to the
date of said hearing, and in addition thereto, a copy of such resolution, including
estimated unit prices and estimated total price thereof, shall be mailed to each benefited
property owner at their last known address at least two (2) weeks prior to the date of said
hearing. Failure to give mailed notice or any defects in the notice shall not invalidate the
proceedings. (1988 Code §26.05)
b. When any petition for the making of any public improvement or in opposition to
any public improvement, as provided for in this Chapter, is presented to the Council, the
Council shall, by resolution, determine whether or not the petition has been signed by the
required percentage of owners of property affected thereby or as to the sufficiency of said
petition. (1988 Code §26.06)
1 See Title 1300 of this Code.
City of Mounds View
202.07 202.07
Subd. 3. Petition Hearing: At the hearing, the City Council shall receive any written and oral
statements and hear any petitioners for or against the proposed improvement.
Subd. 4. Sixty Day Period; Protests:
a. A period of sixty (60) days shall elapse after the public hearing before any further
action shall be taken by the Council on the proposed improvement. If, within such sixty
(60) day period, a petition against such improvement be filed with the Council, signed by
a majority of the owners proposed to be assessed for the improvement or, when the
improvement has been petitioned for, signed by a number of the owners proposed to be
assessed for such improvement at least equal to the number of those who petition for the
improvement, the Council shall not make such improvement at the expense of the
property benefited unless, in the meantime, there be filed with the Council a petition
asking that the improvement be made, signed by property owners proposed to be assessed
for such improvement at least equal in number to those who signed the petition against
the improvement; in which event, the Council may disregard the petition against the
improvement.
b. Regardless of the provisions in subdivisions 1 through 5 hereof, when less than one
hundred percent (100%) of the estimated cost of a proposed local improvement is to be
paid for by special assessment within the sixty (60) day period after a public hearing has
been held on the proposed improvement, a petition may be filed with the Council, signed
by a majority of the number of electors who voted for Mayor in the last regular Municipal
election, protesting against either the improvement or the assessment formula or both. In
this event, the Council shall not proceed with the improvement as proposed.
Subd. 5. Withdrawal from Petition: Any person whose name appears on a petition to the
Council for a local improvement or on a petition to the Council against a local
improvement may withdraw their name by a statement, in writing, filed with the Council
before such petition is presented to the Council.
Subd. 6. Limitations: When a proposed improvement is allowed under the foregoing
subdivisions, the Council may proceed at any time between sixty (60) days and one (1)
year after the public hearing on the improvement. However, no contract shall be let in the
event that the current proposed contract exceeds the estimated cost by more than ten
percent (10%).
Subd. 7. Reconsiderations: When a proposed improvement is disallowed under the
foregoing subdivisions, the Council shall not vote on the same improvement within a
period of one (1) year after the public hearing on said improvement.
City of Mounds View
202.07 202.07 (Rev. 5/10)
Subd. 8. Petition By All Owners: Whenever all owners of real property abutting upon any
street named as the location of any improvement shall petition the Council to construct
the improvement and to assess the entire cost against their property, the Council may,
after a public hearing, as provided in Chapter 8 of the Home Rule Charter, adopt a
resolution determining such facts and ordering the improvement. (1988 Code §25.05)
Subd. 9. Appeal:
a. Any person being aggrieved by this determination may appeal to the District Court
of Ramsey County by serving upon the City Administrator, within thirty (30) days after
the adoption of the resolution, a notice of appeal briefly stating the grounds of appeal and
giving a bond in the penal sum of two hundred fifty dollars ($250.00), in which the
Municipality shall be named as obligee, to be approved by the City Administrator,
conditioned that the appellant will duly prosecute the appeal, pay all costs and
disbursements which may be adjudged against appellant and abide by the order of the
Court. (Amended, Ord. 844, 5-20-10)
b. The City Administrator shall furnish the appellant a certified copy of the petition or
any part thereof, on being paid by appellant of the proper charges therefor. (Amended,
Ord. 844, 5-20-10)
c. The appeal shall be placed upon the calendar of the next general term commencing
more than thirty (30) days after the date of serving the notice and filing the bond and
shall be tried as are other appeals in such cases.
d. Unless reversed upon the appeal, the determination of the Council as to the
sufficiency of the petition shall be final and conclusive. (1988 Code §25.07)
City of Mounds View
202.08 202.08 (Rev. 5/10)
202.08: CONTRACT PROCEDURES; PERFORMANCE OF IMPROVEMENTS:
Subd. 1. Plans and Specifications; Advertisement For Bids: When the Council determines to
make any improvement, it shall cause plans and specifications of the improvement to be
made, or if previously made, to be modified, if necessary, and to be approved and filed
with the City Administrator. (Amended, Ord. 844, 5-20-10)
a. Cost in Excess of Twenty Five Thousand Dollars: If the estimated cost exceeds
twenty five thousand dollars ($25,000.00), it shall advertise for bids for the improvement
in the newspaper and such other papers and for such length of time as it may deem
advisable.
b. Cost in Excess of One Hundred Thousand Dollars: If the estimated cost exceeds one
hundred thousand dollars ($100,000.00), publication shall be made once in the newspaper
and at least once in a newspaper or trade paper published in a city of the first class no less
than three (3) weeks before the last day for submission of bids.
c. Eligibility for Trade Paper: To be eligible as such a trade paper, a publication shall
have all the qualifications of a legal newspaper; except, that instead of the requirement
that it shall contain general and local news, such trade paper shall contain building and
construction news of interest to contractors in this State, among whom it shall have
general circulation.
d. Advertisement: The advertisement shall specify the work to be done, shall state the
time when the bids will be publicly opened for consideration by the Council, which shall
be not less than ten (10) days after the first publication of the advertisement when the
estimated cost is less than one hundred thousand dollars ($100,000.00) and not less than
three (3) weeks after such publication in other cases, and shall state that no bids will be
considered unless sealed and filed with the City Administrator and accompanied by a
cash deposit, cashier’s check, bid bond or certified check payable to the City
Administrator, for such percentage of the amount of the bid as the Council may specify.
In providing for the advertisement for bids, the Council may direct that bids shall be
opened publicly by two (2) or more designated officers or agents of the Municipality and
tabulated in advance of the meeting at which they are to be considered by the Council.
Nothing herein shall prevent the Council from advertising separately for various portions
of the work involved in an improvement, or from itself, supplying by such means as may
be otherwise authorized by law, all or any part of the materials, supplies or equipment to
be used in the improvement or from combining two (2) or more improvements in a single
set of plans and specifications or a single contract. (Amended, Ord. 844, 5-20-10)
City of Mounds View
202.08 202.08
Subd. 2. Contracts; Day Labor:
a. In contracting for an improvement, the Council shall require the execution of
one (1) or more written contracts and bonds, conditioned as required by law. The Council
shall award the contract to the lowest responsible bidder, or it may reject all bids. If any
bidder to whom a contract is awarded fails to enter promptly into a written contract and to
furnish the required bond, the defaulting bidder shall forfeit to the Municipality the
amount of the defaulter’s cash deposit, cashier’s check, bid bond or certified check, and
the Council may, thereupon, award the contract to the next lowest responsible bidder.
b. When it appears to the Council that the cost of the entire work projected will be less
than twenty five thousand dollars ($25,000.00) or whenever no bid is submitted after
proper advertisement or the only bids submitted are higher than the Director of Public
Works/City Engineer’s estimate, the Council may advertise for new bids or, without
advertising for bids, directly purchase the materials for the work and do it by the
employment of day labor or in any other manner the Council considers proper. The
Council may have the work supervised by the Director of Public Works/City Engineer or
other qualified person but shall have the work supervised by a registered engineer if done
by day labor and it appears to the Council that the entire cost of all work and materials for
the improvement will be more than two thousand dollars ($2,000.00).
c. In case of improper construction or unreasonable delay in the prosecution of the
work by the contractor, the Council may order and cause the suspension of the work at
any time and relet the contract or order a reconstruction of any portion of the work
improperly done, and where the cost of completion or reconstruction necessary will be
less than twenty five thousand dollars ($25,000.00), the Council may do it by the
employment of day labor.
City of Mounds View
202.08 202.08 (Rev. 5/10)
Subd. 3. Day Labor; Detailed Report:
a. When the Council has performed construction work by day labor, it shall cause a
detailed report to be filed with the City Administrator and certified by the registered
engineer or other person in charge, if there is no registered engineer. The report shall
show: (Amended, Ord. 844, 5-20-10)
(1) The complete cost of the construction.
(2) Final quantities of the various units of work done.
(3) Materials furnished for the project and the cost of each item thereof.
(4) Cost of labor, cost of equipment hired and supervisory costs.
b. The report shall have attached a certificate by the registered engineer or other
person in charge that the work was done according to the plans and specifications or, if
there were any deviations from them, an itemized statement of these deviations.
Subd. 4. Alternate Procedure on Street Improvements: As to any improvements consisting
of grading, graveling or bituminous surfacing of streets and alleys, the Council may
proceed in the manner provided in this Chapter; except, that it may:
a. Order the work done by day labor, regardless of the estimated cost of such
improvements.
b. Use Municipal equipment or hire equipment and purchase materials for all such
improvements to be done by day labor in any twelve (12) month period by advertising
once therefor, such advertisement to call for bids for the furnishing of equipment, if the
City does not use its own equipment, and for materials at unit prices based on the
quantities which the Council estimates will be required.
c. Contract at one time on a unit-price basis for part or all of the street improvements
to be constructed by the Municipality during the current year, including improvements
which may thereafter be ordered constructed.
Subd. 5. Cooperation with State or Local Government: When an improvement is made
under a cooperative agreement with the State or another political subdivision by the terms
of which the State or other subdivision is to construct the improvement, it shall not be
necessary to comply with subdivisions 1 and 2 hereof.
City of Mounds View
202.08 202.08
Subd. 6. Percentage Payment on Engineer’s Estimate: In case the contractor properly
performs the work, the Council shall, from month to month before completion of the
work, pay contractor not to exceed ninety five percent (95%) of the amount already
earned under the contract, upon the estimate of the engineer or other competent person
selected by the Council, and the contract shall so provide, and shall further agree that
when the work is ninety five percent (95%) or more completed, upon the
recommendation of the engineer, such portions of the retained price shall be released as
the Council determines are not required to be retained to protect the City’s interest in
satisfactory completion of the contract.
Subd. 7. Modification of Contracts: After work has been commenced on an improvement
undertaken pursuant to a contract awarded on a unit price basis, the Council may, without
advertising for bids, authorize changes in the contract so as to include additional units of
work at the same unit price if the cost of the additional work does not exceed twenty five
percent (25%) of the original contract price. Original contract price means that figure
determined by multiplying the estimated number of units required by the unit price. (1988
Code §26.08)
Subd. 8. Time Limit on Improvements: When the Council determines to make any local
improvement, it shall let the contract for all or part of the work or order all or part of the
work done by day labor or otherwise as may be authorized by law, no later than one (1)
year after the public hearing on the improvement. (1988 Code §26.17)
City of Mounds View
202.09 202.09 (Rev. 2/00)
202.09: APPORTIONMENT OF COST:
Subd. 1. The cost of any improvement, or any part thereof, may be assessed upon property
benefited by the improvement, based upon the benefits received, whether or not the
property abuts on the improvement, and whether or not any part of the cost of the
improvement is paid from the County-State Aid Highway Fund, the Municipal State Aid
Street Fund or the Trunk Highway Fund. The area assessed may be less than but may not
exceed the area proposed to be assessed as stated in the notice of hearing on the
improvement, except as provided below. The Municipality may pay such portion of the
cost of the improvement as the Council may determine from general ad valorem tax
levies or from other revenues or funds of the Municipality available for the purpose,
subject to the provisions of subdivision 8.04(2) of the Charter. The City may
subsequently reimburse itself for all or any of the portion of the cost of a water, storm
sewer or sanitary sewer improvement so paid by levying additional assessments upon any
properties abutting on but not previously assessed for the improvement, on notice and
hearing as provided for the assessments initially made.
To the extent that such an improvement benefits nonabutting properties which may be
served by the improvement when one (1) or more later extensions or improvements are
made but which are not initially assessed therefor, the City may also reimburse itself by
adding all or any of the portion of the cost so paid to the assessments levied for any of
such later extensions or improvements; provided, that notice that such additional amount
will be assessed is included in the notice of hearing on the making of such extensions or
improvements. The provisions of Section 202.07 shall apply to such extensions or
improvements in the same manner as if they were new improvements.
(1988 Code §26.09)
City of Mounds View
202.09 202.09 (Rev. 2/00)
Subd. 2. The following are methods of street reconstruction and rehabilitation, which will be
utilized by the City of Mounds View in considering future projects and assessments. It
will be noted that the design standard for either reconstruction or rehab will be the current
design of the street section. Projects may be constructed to higher designs if warranted
and/or approved by the City Council. (Ord. 654, 2-14-00)
Improvement Type and Apportionment of Cost:
a. Street Reconstruction Including Curb and Gutter: The cost of street reconstruction
shall be recovered by the adjusted front footage method. The front footage rate shall be
determined by dividing the project cost by the total number of adjusted front feet in the
project area. The assessments per adjusted front foot may vary depending on the
underlying zoning of a parcel. Assessments for residential properties which are on
collector or arterial streets (MSA, county road) shall be assessed for one hundred percent
(100%) of the pavement surface and base, up to a width of twenty six (26) feet, equally
divided by both sides of the street. This amount shall not exceed fourteen dollars and
sixty cents ($14.60) per front foot. (Ord. 654, 2-14-00)
(1) Non-Collector Street Residential property owners will be assessed for the cost
of the pavement and base for the front footage side of the property, which shall not
exceed fourteen dollars and sixty cents ($14.60) per frontage foot. This amount will
be adjusted annually by resolution, in accordance with the Engineering News
Record (ENR). (Ord. 654, 2-14-00)
(2) Residents requesting Curb and Gutter, any required storm sewer and/or
installation of sidewalks/trails on a construction project will be assessed twenty five
percent (25%) of the total cost of the project additions which will include
engineering, additional removals, base and all other associated expenses. All
additional project requests shall be assessed at twenty five percent (25%) of the
total costs associated with the improvements. (Ord. 654, 2-14-00)
(3) One hundred percent (100%) of the turn back funds received from Ramsey
County will be applied to the new construction or pavement cost of the road that
was received. (Ord. 654, 2-14-00)
The remaining cost shall be recovered by means of the general ad valorem property tax
paid by the entire community or by other funds that may become available to the City for
infrastructure cost recovery. (Ord. 654, 2-14-00)
City of Mounds View
202.09 202.09 (Rev. 2/00)
b. Street Resurfacing: Street resurfacing is commonly known and referred to as street
overlaying whereby a new bed of road material such as bituminous is installed over an
existing paved road to a specific thickness. Assessments shall be determined by the
adjusted front footage method at one hundred percent (100%) to properties on both sides
of the street. A mill and overlay to an existing paved road will be assessed by the
adjusted front footage method at one hundred percent (100%) percent to properties on
both sides of the street. A recycle and overlay to an existing paved road will be assessed
by the adjusted front footage method at one hundred percent (100%) to properties on both
sides of the street. Assessments will be based on physical project costs plus engineering,
administration costs, ROW expenditures and other related project costs. The method of
rehabilitation or resurfacing shall be determined by the Pavement Condition Index (PCI)
of the combined segments of the streets considered for the project. (Ord. 654, 2-14-00)
c. Sidewalk: Sidewalk improvements may be done in conjunction with a street
reconstruction or as a separate project. In any event, sidewalks requested that are not
included in the City’s sidewalk and trail plan shall be recovered by assessing twenty five
percent (25%) to the affected property owners and the remainder paid by the general ad
valorem property tax paid by the entire community or by other funds that may become
available to the City for infrastructure cost recovery. Sidewalks are generally installed on
the City’s major streets or in accordance with the City’s sidewalk and trail plan, which
will connect several neighborhoods and community attractions in a logical pattern; these
improvements will not be assessed to the abutting properties. (Ord. 654, 2-14-00)
d. Sealcoating: Sealcoating, patching and cracksealing are considered general
maintenance activities and the expenses of such acts will be paid for by ad valorem
property tax or any other funds available to the City at that time.
e. Sanitary Sewer and Water Mains: Repair and replacement of sewer or water mains
is usually done in conjunction with a street reconstruction project and the cost of this
work should be included as part of the total major street project cost and should also be
considered to be included in the rate assessed for street reconstruction. If it is determined
that the repair and replacement work results in a greater benefit to some properties and
not to others, the Council should consider establishing a different assessment rate based
on the benefits received.
f. Sanitary Sewer and Water Trunk Improvements: Trunk sewer and water mains are
usually designed to carry larger volumes of flow than are necessary within an immediate
property area in order to serve additional properties beyond the area of their immediate
placement. Therefore, one hundred percent (100%) of the cost of trunk improvements
will be assessed on a unit basis to all properties within a district deemed to be benefited
from the trunk improvements.
City of Mounds View
202.09 202.09 (Rev. 2/00)
g. Sewer and Water Services: Individual sewer and water services benefit only the
properties they serve and one hundred percent (100%) of their cost shall be assessed to
the property for which they are installed.
h. Drainage Improvements: Storm drainage and ponding/basin systems are usually
constructed to serve a specific drainage or “watershed” district. These drainage districts
have trunk lines, which are large diameter pipes that transport large volumes of water
from one (1) or more drainage districts. Property within drainage districts that would
receive benefit from a trunk storm sewer, would be assessed a unit amount of four
hundred dollars ($400.00) per lot for a single family residential lot. This amount would
be determined and adjusted annually by resolution using the Engineering News Record
(ENR). Multifamily housing lots that exceed one-third (1/3) acre would be assessed
based on the number of acres, multiplied by the unit cost of one thousand two hundred
dollars ($1,200.00) per acre. Commercial/Industrial property would be assessed based on
the number of acres that are determined to benefit from the trunk line multiplied by the
unit cost of one thousand two hundred dollars ($1,200.00) per acre to a maximum amount
of three (3) acres or three thousand six hundred dollars ($3,600.00). The remaining cost
will be paid for by the Storm Water Surface Utility and/or by an ad valorem property tax
paid by the entire community or by other funds that may become available to the City for
infrastructure cost recovery. Should a project be initiated on a particular street that
requires storm sewer laterals which would be connected to the trunk lines, the Surface
Water Utility would fund these expenses. (Ord. 600, 5-12-97)
i. Special Conditions: Special consideration shall be given to the “age” of a street or
utility system when determining the proportion of cost to be assessed to benefited
properties. If it is necessary to reconstruct or resurface a street or perform major
repair/replacement work on sewer and water utilities, before a reasonable amount of time
(ten (10) to twelve (12) years for resurfacing, twelve (12) to seventeen (17) years for
partial reconstruction and seventeen (17) to twenty five (25) years for total
reconstruction) the assessment shall be calculated on a pro-rated basis. The remaining
cost shall be recovered by means of the general ad valorem property tax paid by the entire
community or by other funds that may become available to the City for infrastructure cost
recovery. (Ord. 567, 11-13-95)
j. In projects involving new street construction, and mill and overlays, mailboxes will
be grouped on gang posts in numbers logical to the spacing required. This practice will
insure the proper placement of the mailboxes, reduce potential roadside hazards, and
generally clean up the edge of the street. The cost of the new posts and installation will
be added to the project. Residents of overlays and mill and overlays may request the new
posts and installation, which will be added to the cost of the project. (Ord. 654, 2-14-00)
City of Mounds View
202.09 202.09
Subd. 3. Methods of Assessment:
a. The nature of an improvement determines the method of assessment. The objective
is to choose an assessment method which will arrive at a reasonable, fair and equitable
assessment which will be uniform upon the same class of property within the assessed
area. The most frequently recognized assessment methods are: the unit assessment, the
front footage assessment and the area assessment. Depending upon the individual
project, any one (1) or a combination of these methods may be utilized to arrive at an
appropriate cost distribution. City staff will consider all methods and weigh their
applicability to the project and present a recommendation to the City Council in the form
of a mock assessment roll (or rolls). A description of each assessment and its
corresponding policy application is presented. A separate section (Section III) will
identify the appropriate matchup of method with a specific type of project and analyze
why each is generally used.
The purpose of assessment formulas is to allocate assessed costs among benefited
properties, the formula should result in an allocation of assessments which is reasonably
related to the benefit received. Any one (1) predetermined formula will not be
appropriate in all cases because of circumstances unique to the relationship between the
specific project and the specific properties benefited. 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.
City of Mounds View
202.09 202.09 (Rev. 2/00)
b. Unit Assessment: A unit assessment shall be derived by dividing the total project
cost by the number of Residential Equivalent Density (RED) units in the project area.
A RED unit is defined as a single family residential unit. All platted and unplatted
property will be assigned RED unit values equivalent to the underlying zoning. When
the existing land use is less than the highest and best permitted use, the Council may
consider the current use as well as the full potential of land use in determining the
appropriate number of RED units. Otherwise, the following RED chart will apply on a
per unit basis, subject to adjustment by the Council for any inequities:
Single Family 1.00 RED
Duplex 1.00 RED
Condominium 0.80 RED
Multifamily (3 units or more) 0.80 RED
Townhouse 0.80 RED
Commercial 2.00 Units
Industrial 2.00 Units
The unit approach has proven to be the best method in those instances whereby the
improvement largely benefits everyone to the same degree and the cost of the
improvement is not generally affected by parcel size.
c. Area Assessment: The assessable area shall be expressed in terms of the number of
acres or the number of square feet subject to assessment. When determining the
assessable area, the following considerations will be given:
(1) Ponding Assessment Consideration: Lakes, ponds and swamps may be
considered a part of the assessable area of a parcel.
(2) Road Right-of-Way Assessment Consideration: Up to twenty percent (20%) of
the gross acreage may be deducted for street right-of-way purposes within unplatted
parcels of five acres or more depending upon the parcel configuration and is only
applicable to single family residential use. Parcels of less than five (5) acres may
not qualify and may be assessed full acreage. The reason for this size restriction is
that, in most instances, parcels of less than five (5) acres cannot support an internal
public road system.
(3) Park Dedication Assessment Consideration: When park land is dedicated as
part of a residential development, as required by Subdivisions Code – Chapter
1204.02, the developer shall not be assessed an acreage charge on the portion of
land dedicated.
City of Mounds View
202.09 202.09
d. Front Footage Assessment: The actual physical dimensions of a parcel abutting
an improvement (i.e., street, sewer, water, etc.) will generally not be construed as the
frontage utilized to calculate the assessment for a particular parcel. Rather, an “adjusted
front footage” will be determined. The purpose of this method is to equalize assessment
calculations for lots of similar size. Individual parcels by their very nature differ
considerably in shape and area. The following procedures will apply when calculating
adjusted front footage. The selection of the appropriate procedures will be determined by
the specific configuration of the parcel. All measurements will be scaled from available
plat and section maps and will be rounded down to the nearest one-half (1/2) foot
dimension with any excess fraction deleted.
e. Categorical type descriptions are as follows:
Standard Lots
Rectangular Variation Lots
Triangular Lots
Cul-de-sac Lots
Curved Lots
Irregularl y Shaped Lots
Corner Lots
Flag Lots
Double Frontage Lots
The ultimate objective of these procedures is to arrive at a fair and equitable distribution
of cost whereby consideration is given to lot size and parcels are comparably assessed.
(1) Standard Lots. In this instance, the adjusted front footage for rectangular lots
would be the actual front footage of the lot. The frontage measured shall be the lot
width at the front lot line.
City of Mounds View
202.09 202.09
(2) Rectangular Variation Lots. For a lot which is approximately rectangular and
uniform in shape, the adjusted front footage is computed by averaging the front and
back sides of the lot. This method is used only where the divergence between front
and rear lot lines is twenty (20’) feet or less.
(3) Triangular Lots. For a triangular shaped lot, the adjusted front footage is
computed by averaging the front and back lot lines. The measurement at the back
lot line shall not exceed a maximum distance in depth of one hundred fifty (150’)
feet.
City of Mounds View
202.09 202.09
(4) Cul-de-Sac Lots. The adjusted front footage for those lots that exist on cul-de-
sacs will be calculated at the midsection of the lot at the most reasonably defined
and determinable position. This line will be computed by connecting the midpoints
of the two (2) side lot lines. Or, if the lots are similar in nature and configuration, a
common lot width, such as the standard setback of thirty (30’) feet may be assigned
based upon an evaluation of typical lots within the subdivision.
(5) Curved Lots. In certain situations such as those where lots are located along
meandering trail system streets, read patterns create curvilineal frontages. In such
instances, the adjusted front footage will be the width of the lot measured at the
midpoint of the shortest side lot line.
City of Mounds View
202.09 202.09
(6) Irregularly Shaped Lots. In many cases, unplatted parcels that are legally
described by a metes and bounds description are irregular and odd shaped. The
adjusted front footage will be calculated by measuring the lot width at the thirty
(30’) foot building setback line.
(7) Corner Lots
a. On a corner lot, one hundred percent (100%) of the adjusted front
footage of the short side will be assessed and twenty-five percent (25%) of
the adjusted front footage of the long side will be assessed for
improvements benefiting the respective sides. The length of the property
sides and not the orientation of the principal building shall determine
adjusted front footage in this case. A series of lots (two (2) or more) under
common ownership shall be considered as one (1) parcel or lot for
determining which is the short or long side of a property. However, this
shall only apply to series of lots on which only one (1) principal building
is situated.
City of Mounds View
202.09 202.09 (Rev. 5/97)
b. General Commercial Zoned Corner Lots. The adjusted front footage
shall be the entire frontage of the side of the lot immediately abutting the
improvement. (Ord. 600, 5-12-97)
(8) Flag Lots. Properties which utilize a narrow private easement or maintain
ownership of access to their property exceeding a minimum length of one hundred
twenty five (125’) feet, thereby having a small frontage on a street, will be assigned
an adjusted front footage of seventy five (75’) feet. This dimension is consistent
with the subdivision ordinance which prescribes such length as the minimum lot
frontage along a public roadway. The adjusted front footage for flag lots whose
driveway access is under one hundred twenty five (125’) feet will be measured at
the building setback line from the access terminus.
City of Mounds View
202.09 202.10 (Rev. 11/95)
(9) Double Frontage Lots. If a parcel, other than a corner lot, comprises frontage
on two streets and is eligible for subdivision, then an adjusted front footage
assessment will be charged along each street. For double frontage lots lacking the
necessary depth for subdivision, only a single adjusted front footage will be
computed. The frontage with driveway access to front of house, shall be assessed.
(Ord. 567, 11-13-95)
City of Mounds View
202.10 202.10 (Rev. 5/10)
202.10: ASSESSMENT PROCEDURES:
Subd. 1. Calculation of Expense; Notice:
a. Determination of Expenses: At any time after a contract is let or the work ordered
by day labor, the expense incurred or to be incurred in its making shall be calculated
under the direction of the Council. The Council shall then determine by resolution the
amount of the total expense the City will pay, other than the amount, if any, which it will
pay as a property owner, and the amount to be assessed. Thereupon, the City
Administrator, with the assistance of the engineer or other qualified person selected by
the Council, shall calculate the proper amount to be specially assessed for the
improvement against every assessable lot, piece or parcel of land, without regard to cash
valuation, in accordance with the provisions of Section 202.09 of this Chapter.
(Ord. 844, 5-20-10)
b. Assessment Roll: The proposed assessment roll shall be filed with the City
Administrator and be open to public inspection. (Amended, Ord. 844, 5-20-10)
c. Notices: The City Administrator shall thereupon, under the Council’s direction,
publish notice that the Council will meet to consider the proposed assessments.
(Amended, Ord. 844, 5-20-10)
(1) Such notice shall be published in the newspaper at least once and shall be
mailed to the owner of each parcel described in the assessment roll.
(2) Such notice shall state the date, time and place of such meeting, the general
nature of the improvement, the area proposed to be assessed, the amount to be
specially assessed against that particular lot, piece or parcel of land, that the
proposed assessment roll is on file with the City Administrator and that written or
oral objections thereto by any property owner will be considered. (Amended, Ord.
844, 5-20-10)
(3) The notice shall state that no appeal may be taken as to the amount of any
assessment adopted pursuant to subdivision 2 unless a written objection signed b y
the affected property owner is filed with the City Administrator prior to the
assessment hearing or presented to the presiding officer at the hearing. (Amended,
Ord. 844, 5-20-10)
City of Mounds View
202.10 202.10 (Rev. 5/10)
(4) The notice shall also state that an owner may appeal an assessment to District
Court pursuant to Section 202.11 of this Chapter by serving notice of the appeal
upon the Mayor or City Administrator of the Municipality within thirty (30) days
after the adoption of the assessment and filing such notice with the District Court
within ten (10) days after service upon the Mayor or City Administrator. The notice
shall also inform property owners of the provisions of Section 202.13 of this
Chapter and the existence of any deferment procedure established pursuant thereto
in the City. (Amended, Ord. 844, 5-20-10)
(5) For the purpose of giving mailed notice, owners shall be those shown to be such
on the records of the County Auditor or the records of the County Treasurer, but
other appropriate records may be used for this purpose. Such publication and
mailing shall be no less than two (2) weeks prior to such meeting of the Council.
Except as to the owners of tax-exempt property or property taxes on a gross
earnings basis, every property owner whose name does not appear on the records of
the County Auditor or County Treasurer shall be deemed to have waived such
mailed notice unless the property owner has requested, in writing, that the County
Auditor or County Treasurer, as the case may be, include the property owner’s
name on the records for such purpose.
Subd. 2. Adoption of Assessment; Lien; Interest:
a. At such meeting or at any adjournment thereof, the Council shall hear and pass
upon all objections to the proposed assessment, whether presented orally or in writing.
The Council may amend the proposed assessment as to any parcel and by resolution
adopt the same as the special assessment against the lands named in the assessment roll.
Notice of any adjournment of the hearing shall be adequate if the minutes of the meeting
so adjourned show the time and place, when and where the hearing is to be continued.
b. The assessment, with accruing interest, shall be a lien upon all private and public
property included therein, from the date of the resolution adopting the assessment,
concurrent with the general taxes, but the lien shall not be enforceable against public
property as long as it is publicly owned, and during such period, the assessment shall be
recoverable from the owner of such property only in the manner and to the extent
provided in Section 202.15 of this Chapter. (1988 Code §26.10)
City of Mounds View
202.11 202.11 (Rev. 5/10)
202.11: APPEAL TO DISTRICT COURT: All objections to the assessment shall be
deemed waived unless presented on appeal. This Section provides the exclusive method of
appeal from a special assessment levied pursuant to this Chapter.
Subd. 1. Notice of Appeal: Within thirty (30) days after the adoption of the assessment, any
person aggrieved, who is not precluded by failure to object prior to or at the assessment
hearing or whose failure to so object is due to a reasonable cause, may appeal to the
Ramsey County District Court by serving a notice upon the Mayor or City Administrator.
(Ord. 844, 5-20-10)
Subd. 2. Filing of Notice: The notice shall be filed with the Clerk of the District Court
within ten (10) days after its service.
Subd. 3. Documents Furnished: The City Administrator shall furnish appellant a certified
copy of objections filed in the assessment proceedings, the assessment roll or part
complained of and all papers necessary to present the appeal. (Amended, Ord. 844, 5-20-
10)
Subd. 4. Scheduling of Appeal Date: The appeal shall be placed upon the calendar of the
next general term commencing more than five (5) days after the date of serving the notice
and shall be tried as other appeals in such cases.
Subd. 5. Decision of Court: The Court shall either affirm the assessment or set it aside and
order a re-assessment as provided in Section 202.16 of this Chapter.
Subd. 6. Court Costs: If appellant does not prevail upon the appeal, the costs incurred shall
be taxed by the Court and judgment entered therefor. (1988 Code §26.12)
City of Mounds View
202.12 202.12
202.12: PAYMENT OF ASSESSMENTS:
Subd. 1. Installments:
a. Except as provided below, all assessments shall be payable in equal annual
installments extending over such period, not exceeding thirty (30) years, as the resolution
determines, payable on the first Monday in January in each year, but the number of
installments need not be uniform for all assessments included in a single assessment roll
if a uniform criterion for determining the number of installments is provided by the
resolution. The first installment of each assessment shall be included in the first tax rolls
completed after its adoption and shall be payable in the same year as the taxes contained
therein; except, that the payment of the first installment of any assessment levied upon
unimproved property may be deferred until a designated future year or until the platting
of the property or the construction of improvements thereon, upon such terms and
conditions and based upon such standards and criteria as may be provided by resolution
of the Council.
b. In any event, every assessment, the payment of which is so deferred, when it
becomes payable, shall be divided into a number of installments such that the last
installment thereof will be payable not more than thirty (30) years after the levy of the
assessment 1.
Subd. 2. Interest: All assessments shall bear interest at such rate as the resolution
determines, not exceeding the maximum permitted by law; except, that the rate may, in
any event, equal the average annual interest rate on bonds issued to finance the
improvement for which the assessments are levied.
1 See Section 202.13 for deferral of assessments.
City of Mounds View
202.12 202.12
Subd. 3. Application of Interest to Installments:
a. To the first installment of each assessment shall be added interest on the entire
assessment from a date specified in the resolution levying the assessment, not earlier than
the date of the resolution, until December 31 of the year in which the first installment is
payable, and to each subsequent installment shall be added interest for one year on all
unpaid installments, or alternatively, any assessment may be made payable in equal
annual installments, including principal and interest, each in the amount annually
required to pay the principal over such period with interest at such rate as the resolution
determines, not exceeding the maximum period and rate specified above. In the latter
event, no prepayment shall be accepted under subdivision 7 of this Section without
payment of all installments due to and including December 31 of the year of prepayment,
together with the original principal included in such installments, computed on an annual
amortization basis.
b. When payment of an assessment is deferred, as authorized in this subdivision,
interest thereon for the period of deferment may be made payable annually at the same
times as the principal installments payable on account of assessable real property; except,
that interest accruing shall not begin to run until the notice provided in subdivision
202.10(1)c of this Chapter has been properly given and thirty (30) days thereafter have
elapsed.
c. The Council shall provide for the payment of these amounts and shall take
appropriate action to that end.
Subd. 4. Notice of Installment: If the assessment is not paid in a single installment, the City
Finance Director/Treasurer shall annually mail to the owner of any right of way and, as
long as the property is publicly owned, to the owner of any public property, a notice
stating that an installment is due and should be paid to the City Finance
Director/Treasurer.
Subd. 5. Collection from Railroads and Public Utilities: The City may collect the amount
due on account of the right of way of any railroad or privately owned public utility by
distress and sale of personal property in the manner provided by law in case of taxes
levied upon personal property or by suit brought to enforce the collection of this
indebtedness unless a different method of collecting such amounts is provided for by a
contract between the owner of any right of way and the City. (1988 Code §26.10)
City of Mounds View
202.12 202.12
Subd. 6. Partial Prepayment of Assessments: Any person desiring to partially prepay any
assessment for a public improvement, the assessment roll of which has been certified to
the Ramsey County Auditor for collection with general taxes, the County Treasurer and
the County Auditor are hereby authorized to establish whatever procedure is necessary to
make possible the payment of said balance to said County officials in lieu of paying same
to the Municipal Finance Director/Treasurer as provided for by subdivision 7 of this
Section. The County officials are hereby designated as agents of Mounds View to collect
such assessments, and the mechanics therefor shall be set up by the County Auditor,
County Treasurer and the Municipal Clerk-Administrator so that the intent and purpose
of this Chapter can be accomplished. (1988 Code §20.04)
Subd. 7. Payment of Remaining Unpaid Installments: Any person desiring to pay the
remaining unpaid installments of an assessment for a public improvement, the assessment
roll of which has been certified to the Ramsey County Auditor for collection with general
taxes, the County Treasurer and the County Auditor are hereby authorized to establish
whatever procedure is necessary to make possible the payment of said balance to the said
County officials in lieu of paying same to the Municipal Finance Director/Treasurer as
provided in Minnesota Statutes, section 429.061, subdivision 3, as amended. The said
County officials are hereby designated as agents of Mounds View to collect such
assessments, and the mechanics therefor shall be set up by the County Auditor, County
Treasurer and the Municipal Clerk-Administrator so that the intent and purpose of this
Chapter can be accomplished. (1988 Code §20.05)
City of Mounds View
202.13 202.14
202.13: DEFERRED PAYMENT OF ASSESSMENTS:
Subd. 1. Senior Citizens Hardship Special Assessment Deferral: After making a special
assessment, the Council may, at its discretion, defer the payment of that assessment for
any homestead property owned by a person sixty five (65) years of age or older for whom
it would be a hardship to make the payments. The Council shall adopt a resolution
establishing standards and guidelines for determining the existence of a hardship relative
to any special assessment adopted under this Chapter. Such standards and guidelines shall
be made in a nondiscriminatory manner and shall not give the applicant an unreasonable
preference or advantage over other applicants. (1988 Code §26.18)
Subd. 2. Procedure to Obtain Deferred Assessment: The eligible homeowner shall make
application for deferred payment of special assessments on forms prescribed by the
Ramsey County Auditor. Where the deferred assessment is granted, the Auditor shall
record a notice thereof with the County Recorder which shall set forth the amount of the
assessment. The Council may determine by resolution the amount of interest, if any, on
the deferred assessment, and this rate shall be recorded by the Auditor along with and in
the same manner as the amount of the assessment. (1988 Code §26.19)
Subd. 3. Termination of Right to Deferred Payment: The option to defer the payment of
special assessments shall terminate, and all amounts accumulated, plus applicable
interest, shall become due upon the occurrence of any of the following events:
a. The death of the owner; provided, that the spouse is otherwise not eligible for the
benefits hereunder;
b. The sale, transfer or subdivision of the property or any part thereof;
c. If the property should, for any reason, lose its homestead status; or
d. If, for any reason, the Council shall determine that there would be no hardship to
require immediate or partial payment. (1988 Code §26.20)
202.14: SERVICE CHARGES; SPECIAL ASSESSMENT AGAINST BENEFITTED
PROPERTY:
Subd. 1. Property Owner or Occupant: The Council may place the primary responsibility
upon the property owner or occupant to do the work authorized herein themselves, except
in the case of street sprinkling or other dust treatment, alley repair, tree trimming, care
and removal or the operation of a street lighting system, upon notice before the work is
undertaken.
City of Mounds View
202.14 202.14
Subd. 2. Service Cost Assessments: As authorized under Section 8.05 of the Charter, the
Council may provide by ordinance that the cost of City services to streets, sidewalks or
other public or private property may be assessed against property benefited and may be
collected in the same manner as special assessments. Such costs shall not be deemed to
be “special assessments” for the purposes set forth in Section 8.03 of the Charter. Such
City services shall include, but not be limited to, the cost of snow, ice or rubbish removal
from sidewalks, weed elimination from streets or private property, removal or elimination
of public health or safety hazards from private property, installation or repair of water
service lines, street sprinkling or other dust treatment of streets, the trimming and care of
trees and the removal of unsound trees from any street, the treatment and removal of
insect infested or diseased trees on private property, the repair of sidewalks and alleys or
the operation of a street lighting system.
Subd. 3. Procedure for Assessment: Any special assessment levied under subdivision 2
above shall be payable in single installment or by up to ten (10) equal annual installments
as the Council may provide. With this exception, Sections 202.10, 202.11 and 202.16 of
this Chapter shall apply to assessments made under this Section. However, nothing shall
prevent the property owner or other person served to pay the City directly such charges
when due prior to the assessment herein being authorized and certified.
Subd. 4. Issuance of Obligations: After a contract for any of the work enumerated in
subdivision 2 of this Section has been let or the work commenced, the Council may issue
obligations to defray the expenses of any such work financed, in whole or in part, by
special charges and assessments imposed upon benefited property under this Section.
Section 202.19 of this Chapter shall apply to such obligations with the following
modifications:
a. Such obligations shall be payable not more than two (2) years from the date of
issuance;
b. The amount of such obligations issued at one time shall not exceed the cost of such
work during the ensuing six (6) months as estimated by the Council;
c. A separate improvement fund shall be set up for each of the enumerated services
referred to in subdivision 2 and financed under this Section. Proceeds of special charges
as well as special assessments and taxes shall be credited to such improvement fund.
Any balance of the proceeds of any obligations remaining therein may be used to pay the
cost, in whole or in part, of any other improvement instituted pursuant to this Chapter or
may be transferred to the fund established under Section 203.02 of this Title. (1988 Code
§26.14)
City of Mounds View
202.15 202.15
202.15: SPECIAL ASSESSMENT AGAINST PROPERTY OF GOVERNMENTAL
UNITS:
Subd. 1. Authority to Assess: The City may levy special assessments against the property of
a governmental unit benefited by an improvement to the same extent as if such property
were privately owned, but no such assessments, except for storm sewers and drain
systems, shall be levied against a governmental unit for properties used or to be used for
highway rights of way. A “governmental unit” means a county, city, public corporation
or a school district. If the amount of any such assessment, except one against property of
the State, is not paid when due, it may be recovered in a civil action brought by the City
against the governmental unit owning the property so assessed.
Subd. 2. Determination and Collection of Assessment: In the case of property owned by the
State or any instrumentality thereof, the Council may determine the amount that would
have been assessed had the land been privately owned. Such determination shall be made
only after the Council has held a hearing on the proposed assessment after at least two (2)
weeks’ notice of the hearing has been given by registered or certified mail to the head of
the instrumentality, department or agency having jurisdiction over the property. The
amount thus determined may be paid by the instrumentality, department or agency from
available funds. If no funds are available and such instrumentality, department or agency
is supported, in whole or in part, by appropriations from the general revenue fund, then it
shall include in its next budget request the amount thus determined. No instrumentality,
department or agency shall be bound by the determination of the Council and may pay
from available funds or recommend payment in such lesser amount as it determines is the
measure of the benefit received by the land from the improvement.
Subd. 3. Exclusiveness: This Section shall not modify any law authorizing the imposition of
special assessments against governmental units. (1988 Code §26.16)
City of Mounds View
202.16 202.16
202.16: SUPPLEMENTAL ASSESSMENTS AND RE-ASSESSMENTS:
Subd. 1. Supplemental Assessments: The Council may make supplemental assessments to
correct omissions, errors or mistakes in the assessment relating to the total cost of the
improvement or any other particular. A supplemental assessment shall be preceded by
personal or mailed notice to the owner of each parcel included in the supplemental
assessment and a hearing as provided for the original assessment.
Subd. 2. Re-Assessment: When an assessment is, for any reason whatever, set aside by a
court of competent jurisdiction as to any parcel of land, or in event the Council finds that
the assessment or any part thereof is excessive or determines, on advice of the City
Attorney, that the assessment or proposed assessment or any part thereof is or may be
invalid for any reason, the Council may, upon notice and hearing as provided for the
original assessment, make a re-assessment or a new provided assessment as to such
parcel.
Subd. 3. Reapportionment Upon Land Division: When a tract of land against which a
special assessment has been levied is thereafter divided or subdivided by plat or
otherwise, the Council may, on application of the owner of any part of the tract or on its
own motion, equitably apportion among the various lots or parcels in the tract all the
installments of the assessment against the tract remaining unpaid and not then due if it
determines that such apportionment will not materially impair collection of the unpaid
balance of the original assessment against the tract. The Council may, and if the special
assessment has been pledged to the payment of improvement warrants shall, require the
owner, as a condition of such apportionment, to furnish a satisfactory surety bond fully
protecting the City against any loss resulting from failure to pay any part of the
reapportionment assessment when due. Notice of such apportionment and of the right to
appeal shall be mailed to or personally served upon all owners of any part of the tract.
Within thirty (30) days after the mailing or service of the notice of such apportionment,
any such owner may appeal as provided in Section 202.11 of this Chapter.
Subd. 4. Re-Assessment of Tax Forfeited Land 1:
a. When a parcel of tax-forfeited land is returned to private ownership and the parcel
is benefited by an improvement for which special assessments were cancelled because of
the forfeiture, the City may, upon notice and hearing as provided for the original
assessment, make a re-assessment or a new assessment as to the parcel in an amount
equal to the amount remaining unpaid on the original assessment. (1988 Code §26.11)
b. The Council may make a re-assessment or a new assessment pursuant to
subdivision 4a above; notwithstanding, that the original assessment may have been made
pursuant to other general law or special law. (1988 Code §26.23)
1 See also Section 202.17 of this Chapter.
City of Mounds View
202.17 202.18
202.17: FEES AND CHARGES FOR TAX-FORFEITED LANDS RETURNED TO
PRIVATE OWNERSHIP 1: When tax-forfeited land is returned to private ownership and the
land is benefited by a public improvement for which special assessments were cancelled because
of the forfeiture, the City may impose fees or charges for the use or availability of the
improvement or for connections therewith in an amount not to exceed the amount remaining
unpaid on the cancelled assessment. The City may make the fees or charges a charge against the
owner, lessee, occupant or all of them and may certify unpaid fees or charges to the Ramsey
County Auditor with taxes against the property for collection as other taxes are collected.
(1988 Code §26.25)
202.18: IMPROVEMENTS ABANDONED:
Subd. 1. Cancellation of Assessments: When a local improvement proposed to be made by
the City is abandoned before it is completed to an extent sufficient to result in benefits
equal to special assessments which have theretofore been levied for such improvement,
the City shall notify the agency acting as collecting agent for such special assessment of
such fact. Upon such notification, all installments of such assessments and interest
thereon which are not already collected or in the process of collection shall be cancelled
by such agency. However, nothing herein shall prevent the City from making a
re-assessment of any amount not exceeding the special benefits which actually accrue
from the improvement to part or all of the properties originally assessed, and nothing
herein shall affect the obligations of the Municipality to provide funds sufficient to pay
any bonds issued to finance the improvement and the interest thereon.
Subd. 2. Notice; Refund of Assessments:
a. The Council shall instruct the City Clerk to publish and mail notice as provided for
in subdivision 202.10(1) of this Chapter, describing the improvement and stating that it
has been abandoned and that any person who paid any special assessments levied on
account of such improvement may file a claim, within six (6) months following the date
of publication of the notice, for refund of such assessments paid by the Clerk, together
with any interest paid thereon. Failure to give mailed notice, or any defects in the notice,
shall not invalidate the proceedings.
b. The City is not required to, but may, pay such claims filed after the period allowed,
and it may require any claimant to furnish satisfactory evidence that claimant be paid the
amounts claimed. Such claims may be paid out of monies in the fund of the improvement
which was abandoned unless obligations have been issued payable therefrom or may be
paid out of monies in the General Fund.
1 See also subdivision 202.16(4) of this Chapter.
City of Mounds View
202.18 202.19
Subd. 3. Transfer of Assessments Not Cancelled or Refunded: Any such assessments not
cancelled under subdivision 1 above or not refunded under subdivision 2 above shall be
transferred to the General Fund or the Public Improvement Revolving Fund established in
Section 203.02 of this Title if not needed to pay costs of the improvement and if not held in a
debt redemption fund. (1988 Code §26.21)
202.19: FINANCING OF IMPROVEMENTS:
Subd. 1. Authority to Issue Obligations: At any time after one or more improvements are
ordered as contemplated in Section 202.07 of this Chapter, the Council may issue
obligations in such amounts as it deems necessary to defray, in whole or in part, the
expense incurred and estimated to be incurred in making the improvements, including
every item of cost of the kinds authorized in Minnesota Statutes, section 475.65. In the
event of any omission, error or mistake in any of the proceedings required by this Chapter
or by the Home Rule Charter precedent to the ordering of any improvement 1, the validity
of the obligations shall not be affected thereby.
Subd. 2. Due Diligence Responsibility of Council: The Council shall cause all further
actions and proceedings to be taken with due diligence that are required for the
construction of each improvement financed wholly or partly from the proceeds of
obligations and issued hereunder and for the final and valid levy of special assessments
and the appropriation of any other funds needed to pay the obligations and interest
thereon when due.
Subd. 3. Types of Obligations Permitted:
a. Improvement Bonds: The Council may, by resolution adopted prior to the sale of
obligations, pledge the full faith, credit and taxing power of the Municipality for the
payment of the principal and interest. Such obligations shall be called improvement
bonds, and the Council shall pay the principal and interest out of any fund of the
Municipality when the amount credited to the specified fund is insufficient for the
purpose and shall each year levy a sufficient amount to take care of accumulated or
anticipated deficiencies, which levy shall not be subject to any statutory or Charter tax
limitation2.
1 See Charter Chapter 8.
2 See Charter Section 7.03 for taxation provisions.
City of Mounds View
202.19 202.19
b. Improvement Warrants: Obligations for the payment of which the full faith and
credit of the Municipality is not pledged shall be called improvement warrants and shall
contain a promise to pay solely out of the proper special fund. It shall be the duty of the
City Finance Director/Treasurer to pay maturing principal and interest on warrants out of
funds on hand in the proper special fund and not otherwise.
c. Temporary Improvement Bonds:
(1) In anticipation of the issuance of improvement bonds, the Council may, by
resolution, issue and sell temporary improvement bonds maturing within not more
than three (3) years from their date of issue to pay any part or all of the cost of one
or more improvements.
(2) To the extent that the principal of and interest on the temporary improvement
bonds cannot be paid when due from receipts of special assessments, taxes or other
funds appropriated for the purpose, they shall be paid from the proceeds of
improvement bonds or additional temporary improvement bonds which the Council
shall offer for sale in advance of their maturity, but the indebtedness funded by an
issue of temporary improvement bonds shall not be extended by the issue of
additional temporary improvement bonds for more than six (6) years from the date
of the first issue.
(3) The holders of any temporary improvement bonds shall have and may enforce,
by mandamus or other appropriate proceedings, all rights respecting the levy and
collection of sufficient special assessments and taxes to pay the cost of the
improvements financed by them which are granted by law to holders of
improvement bonds, except the right to require the levies to be collected prior to the
maturity of the temporary improvement bonds.
(4) If any temporary improvement bonds are not paid in full at maturity, the
holders may require the issuance in exchange for them, at par, of new temporary
improvement bonds maturing within one year from their date of issue (but not
subject to any other maturity limitation) and beating interest at the maximum rate
permitted by law.
City of Mounds View
202.19 202.19
Subd. 4. Issuance of Improvement Bonds:
a. All obligations shall be issued in accordance with the provisions of the Charter and
Minnesota Statutes 475; except, that an election shall be required for bonds if less than
twenty percent (20%) of the cost of the improvement to the Municipality is to be assessed
against benefited property.
b. The maturities shall be such as, in the opinion of the Council, are warranted by the
anticipated collections of assessments and ad valorem levies for the City’s share of the
cost; except, that the Council may, in its discretion, issue and sell temporary
improvement bonds at any time prior to completion of the work to be financed, maturing
within not more than three (3) years from their date of issue, in which event, the
Municipality shall be obligated to pay such bond and the interest thereon out of the
proceeds of definitive improvement bonds which the Council shall issue and sell at or
prior to the maturity of the temporary bonds, to the extent that the same cannot be paid
out of the assessments and taxes theretofore collected or out of any other Municipal funds
which are properly available and appropriated by the Council for such purpose.
c. The holders of such temporary bonds and the taxpayers of the City shall have and
may enforce, by mandamus or other appropriate proceedings, all rights respecting the
levy and collection of sufficient assessments and taxes to pay the cost of the
improvements financed thereby which are granted by law to holders of other
improvement bonds, except the right to require such levies to be collected prior to the
maturity of the temporary bonds, and shall have the additional right to require the
offering of said definitive improvement bonds at public sale or, if such bonds have not
been sold and delivered prior to the maturity of the temporary bonds, to require the
issuance in exchange therefor, on a par-for-par basis, of either new temporary bonds or
definitive bonds, bearing interest at the maximum rate permitted by law.
d. Any funds of the City may be invested in temporary improvement bonds in
accordance with the provisions of Minnesota Statutes, sections 471.56 and 475.66;
except, that such temporary bonds may be purchased only out of funds which the Council
determines will not be required for other purposes prior to their maturity, shall be resold
prior to maturity only in the case of unforeseen emergency.
e. When such purchase is made out of monies held in a debt service fund for other
bonds of the City, the holders of such other bonds shall have the right to enforce the
City’s obligation to sell definitive bonds at or before the maturity of the temporary bonds
or to exchange the same in the same manner as holders of such temporary bonds.
All obligations shall state upon their face the purpose of the issue and the fund from
which they are payable.
f. The amount of any obligations issued hereunder shall not be included in
determining the net indebtedness of the City under the provisions of any law limiting
such indebtedness.
City of Mounds View
202.19 202.19
Subd. 5. Funds:
a. The proceeds from the sale of each issue of obligations and from collection of
special assessments levied and other monies appropriated for each improvement to be
financed wholly or partly from such proceeds shall be credited to a separate construction
fund which shall be used solely to defray expenses of such improvements and payment of
principal and interest due upon the obligations prior to completion and payment of all
costs of the improvements so financed.
b. Any balance of the proceeds of bonds remaining therein may be used to pay the
cost, in whole or in part, of any other improvement instituted pursuant to this Chapter.
c. A separate account shall be maintained in the construction fund to record
expenditures for each improvement, and when the total cost thereof has been paid, all
subsequent collections of special assessments levied for the improvements shall be
credited and paid into the debt service fund for the obligations issued to finance the
improvement, as provided in Minnesota Statutes, section 475.61.
d. Any taxes levied for improvements financed by an issue of obligations shall be
credited directly to the debt service fund.
Subd. 6. Investment of Other Municipal Funds:
a. Funds of a municipality may be invested in its temporary improvement bonds in
accordance with the provisions of Minnesota Statutes, section 471.56 and may be
purchased upon their initial issue but shall be purchased only from funds which the
Council determines will not be required for other purposes before the maturity date and
shall be resold before maturity only in case of emergency.
b. If purchased from a debt service fund securing other bonds, the holders of those
bonds may enforce the Municipality’s obligations on the temporary improvement bonds
in the same manner as if they held the temporary improvement bonds.
City of Mounds View
202.19 202.19
Subd. 7. General Obligation Temporary Improvement Bonds:
a. The Council may, by resolution adopted prior to the sale of any temporary
improvement bonds, pledge the full faith, credit and taxing power of the Municipality for
the payment of the principal and interest, in addition to all provisions made for their
security in subdivision 3c of this Section. In this event, the bonds shall be designated as
general obligation temporary improvement bonds, and the Council shall levy taxes for
their payment in accordance with Minnesota Statutes, section 475.61.
b. Proceeds of improvement bonds or temporary improvement bonds not yet sold may
be treated as pledged revenues, in reduction of the tax otherwise required by Minnesota
Statutes, section 475.61 to be levied prior to delivery of the obligations.
(1988 Code §26.13)
Subd. 8. Transfer of Funds After Improvements Completed; Refunds: Any monies now or
hereafter remaining in a fund heretofore or hereafter created by the City for making one
or more local improvements, after such improvements have been completed and all
claims against and obligations of said fund have been satisfied, shall be transferred to the
General Fund or the Public Improvement Revolving Fund established in Section 203.02
of this Title; provided, that the Council may, in its discretion, authorize and direct the
Municipal Finance Director/Treasurer to refund all or part of such monies to the persons
who paid the assessments for the improvements following the procedure set forth in
subdivision 202.18(2) of this Chapter. The amounts to be refunded in respect to the
assessment against each property shall be proportionate to the original principal amount
thereof and shall be paid to the claimant who paid the last installment of the assessment
aggregating more than the amount to be refunded. No refund shall be made in respect to
any assessment which is delinquent as to either principal or interest. Any installment of
any assessment which is not collected or in the process of collection at the time when
refunds may be made under this subdivision shall be cancelled as provided in subdivision
202.18(1) of this Chapter. (1988 Code §26.22)
Subd. 9. Federal Limitation Act: Minnesota Statutes 474.191 apply to any issuance of
obligations under this Section which are subject to limitation under a Federal limitation
act. (1988 Code §26.13; 1993 Code)
City of Mounds View
202.20 202.20 (Rev. 7/09)
202.20: CHARGES FOR EMERGENCY SERVICES; COLLECTION;
COLLECTION OF UNPAID SERVICE CHARGES AND FEES; COLLECTION OF
UNPAID ADMINISTRATIVE OFFENSE PENALTIES: (Added, Ord. 822, 7-2-09)
Subd. 1. Authority: This Section is adopted pursuant to Minnesota Statutes, Sections
415.01, 366.011, and 366.012 and Section 8.06 of the City Charter. (Added,
Ord. 822, 7-2-09)
Subd. 2. Charges for Emergency Services; Collection: The City may impose a reasonable
service charge for emergency services, including fire, rescue, medical, and related
services provided by the City or contracted for by the City. If the service charge remains
unpaid thirty (30) days after a notice of delinquency is sent to the recipient of the service
or the recipient’s representative or estate, the City or its contractor on behalf of the City
may use any lawful means allowed to a private party for the collection of an unsecured
delinquent debt. The City may also use the authority of Section 202.20, subdivision 3, to
collect unpaid service charges of this kind from delinquent recipients of services who are
owners of taxable real property in the City, or areas served by the City for emergency
services. (Added, Ord. 822, 7-2-09)
Subd. 3. Collection of Unpaid Service Charges and Fees. If the City is authorized to impose
a service charge or fee on the owner, lessee, or occupant of property, or any of them, for a
governmental service provided by the City, the City may certify to the County Auditor,
on or before October 15 for each year, any unpaid service charges or fees which shall
then be collected together with property taxes levied against the property. A charge or
fee may be certified to the Auditor only if, on or before September 15, the City has given
written notice to the property owner of its intention to certify the charge or fee to the
Auditor. The service charges or fees shall be subject to the same penalties, interest, and
other conditions provided for the collection of property taxes. This Section is in addition
to any other law authorizing the collection of unpaid costs and service charges or fees.
(Added, Ord. 822, 7-2-09)
City of Mounds View
202.20 202.20 (Rev. 7/09)
Subd. 4. Collection of Unpaid Administrative Offense Penalties and Charges. Subject to the
requirements set forth herein, the City may certify to the County Auditor, on or before
November 15 of each year, any unpaid fees, penalties and charges for an administrative
offense as defined in Section 702.02 of this Code which shall then be collected together
with property taxes levied against the property. Prior to such certification, the City must
attempt to obtain voluntary payment of the fees, penalties and charges and allow the
property owner the opportunity to request certification to the property taxes as a method
of payment. A fee, penalty or charge may be certified to the Auditor only if, at least
thirty (30) days prior to imposing the certification, the City has given written notice to the
property owner listed on the official tax records of its intention to certify the penalty or
charge to the Auditor. Property owners notified by the City for the purpose stated herein
have the right to request a hearing before the City Council or a neutral third party. Only
fees, penalties and charges directly related to the property being assessed may be assessed
through the manner set forth in this Section. The fees, penalties and charges will be
assessed as published in the fee schedule of the City. This Section is in addition to any
other law authorizing the collection of unpaid fees, penalties and charges. (Added,
Ord. 822, 7-2-09)
Subd. 5. The powers conferred by this Section are in addition and supplemental to the
powers conferred by any other law for a City to impose a service charge or assessment
for a service provided by the City or contracted for by the City. (Added,
Ord. 822, 7-2-09)
City of Mounds View
203.01 203.01
CHAPTER 203
FUNDS
SECTION:
203.01: Home Rule Charter, Chapter 202, Bond Redemption Fund
203.02: Utilities Operating Funds
203.03: Revenue Sharing Fund
203.04: Lakeside Park Fund
203.05: Park and Playground Fund
203.06: Recreation Activity Fund
203.07: Storm Water Management Fund
203.08: Special Projects Fund
203.01: HOME RULE CHARTER, CHAPTER 202, BOND REDEMPTION FUND:
Subd. 1. Fund Created: There is hereby created a fund designated as the “Mounds View
Home Rule Charter, Chapter 202, Improvement Bond Redemption Fund”, which the
Finance Director/Treasurer shall maintain on the official books and records of the
Municipality and administer in accordance with this Chapter, so long as any bonds
directed by the Council to be payable therefrom are outstanding.
Subd. 2. Purpose: This Fund shall be used to pay principal and interest only on general
obligation improvement bonds issued to finance improvements instituted under the
Mounds View Home Rule Charter 1 as amended, Chapter 202 of this Title, as amended, or
other statutory or Charter provisions amending or supplementing the Home Rule Charter
or otherwise authorizing the issuance of general obligation bonds payable primarily from
special assessments, whether in whole or in part.
Subd. 3. Use of Fund: The Fund shall be used for no other purpose except, when all such
principal and interest due have been paid in full, to repay any advances from other funds
used for such payments.
Subd. 4. Investment of Fund: The Fund may be invested in accordance with Minnesota
Statutes, section 475.66 or amendatory or supplementary acts.
1 See Charter Section 710 for City indebtedness.
City of Mounds View
203.01 203.01
Subd. 5. Separate Funds:
a. Each bond issue authorized hereunder and the Improvement Bond Redemption
Fund created thereby shall be separate, and any balance remaining in such separate Fund
after all bonds payable therefrom have been duly paid with interest and redeemed may be
transferred to the General Fund.
b. A separate fund shall be created for each improvement or consolidated group of
improvements to be financed by an issue of such bond, and all collections of special
assessments and taxes levied for each improvement and all bond proceeds and any other
monies appropriated thereto by the Council shall be held in such fund and used solely to
defray the expenses of the improvement (including interest and principal, if any,
becoming due on bonds whose proceeds are appropriate to the Fund), until the
improvement is completed and the cost thereof is paid in full. Thereupon, the
Improvement Fund shall be discontinued, and any balance of bond proceeds remaining
therein may be transferred to the fund of another improvement similarly instituted to be
used for debt service or to the General Fund if so directed by the Council.
Subd. 6. Tax Levies:
a. Before the delivery of any issue of improvement bonds directed by the Council to
be payable from the Improvement Bond Redemption Fund, the Council shall, by
resolution, estimate the approximate principal amount of special assessments to be levied
for each improvement financed thereby and appropriated to the Redemption Fund, the
number of installments thereof and the rate of interest to be charged upon deferred
installments and shall levy, if necessary, a general ad valorem tax upon all taxable
property within the Municipality, to be spread upon the tax rolls for each property with
year of the term of the bonds, in amounts for all years such that if collected in full, they,
together with the taxes theretofore levied and appropriated to the Redemption Fund, plus
the estimated collections of said special assessments and of all other special assessments
theretofore pledged to the Redemption Fund, will produce at least five percent (5%) in
excess of the amount needed to meet, when due, the principal and interest payments on
such bonds and on all other then outstanding bonds which are payable from the
Redemption Fund.
b. All such tax levies shall be irrepealable; except, that if the Council, in any year,
makes an irrevocable appropriation to the Improvement Bond Redemption Fund of
monies actually on hand from sources other than the special assessments and taxes herein
referred to, or if there is on hand any excess amount in that fund, the Municipality
reserves the right to certify to the County Auditor the fact and amount thereof and to
request the Auditor to reduce by the amount so certified the amount otherwise to be
included in the tax rolls next thereafter prepared.
City of Mounds View
203.01 203.01 (Rev. 5/10)
Subd. 7. Certification of Levies: The City Administrator is directed to file a certified copy
of this Section in the office of the County Auditor of Ramsey County, and prior to the
delivery of each series of improvement bonds payable from the Improvement Bond
Redemption Fund, the City Administrator shall also file with the County Auditor a
certified copy of the resolution authorizing such bonds and levying a tax for the payment
thereof, together with full information regarding the bonds for which the tax levy
required by law has made, and no further action by the Municipality shall be required to
authorize the extension, assessment and collection of said tax, but the Auditor shall
annually assess and extend upon the tax rolls the amounts specified in such resolution for
each year, unless the amount has been reduced as authorized in subdivision 5 hereof.
(Amended, Ord. 844, 5-20-10)
Subd. 8. Pledge of Credit: The full faith and credit of the Municipality shall be and are
hereby pledged for the prompt and full payment of the principal of and interest on all
improvement bonds made payable from the Improvement Bond Redemption Fund, and
the Council shall pay such principal and interest out of any fund of the Municipality if
ever the amount credited to the Redemption Fund is insufficient for such purpose and
shall each year levy a sufficient amount to meet any accumulated or anticipated
deficiency in that fund, which levy shall not be subject to any statutory or Charter tax
limitations. The provisions of Minnesota Statutes, sections 475.61 and 475.74 are hereby
acknowledged to be and are affirmed as covenants of the Municipality with the holders of
all such bonds, from time to time, outstanding.
Subd. 9. Preparation, Sale, Execution and Delivery:
a. Improvement bonds to be made payable from the Improvement Bond Redemption
Fund may be prepared for execution in form, as provided for in Minnesota Statutes,
section 475.55, with suitable variations as to date of issue, maturity, interest payment
dates, redemption privilege, serial designation and number and other details.
b. The amounts, maturity, interest rates and other terms of each issue of improvement
bonds made payable from the Improvement Bond Redemption Fund shall be established
by the Council, by resolution, and such bonds shall be issued and sold upon such terms as
are deemed by the Council, from time to time, to be reasonable and in the best interest of
the Municipality and owners of property subject to special assessment.
c. Upon the sale of each issue, the bonds shall be prepared for execution under the
direction of the City Administrator and shall be executed as provided for in Minnesota
Statutes, section 475, and the Corporate Seal of the Municipality shall be affixed to each
bond. (Ord. 844, 5-20-10)
d. When executed, the bonds shall be delivered by the Finance Director/Treasurer to
the purchaser thereof upon payment of the agreed purchase price, and the purchaser shall
not be obligated to see to the application of the bond proceeds.
City of Mounds View
203.01 203.02 (Rev. 5/10)
Subd. 10. Authentication of Transcript: The officers of the Municipality and the County
Auditor of Ramsey County shall prepare and furnish to the purchaser of each series of
such bonds certified copies of all proceedings and records relating to the authorization
thereof and such other certificates and affidavits as to matters shown by the records in
their custody or otherwise known to them as may be required to evidence the validity and
marketability of the bonds, and all such documents shall be deemed representations of the
Municipality as to the correctness of all statements therein contained. (1988 Code §20.01)
203.02: UTILITIES OPERATING FUNDS:
Subd. 1. Establishment: There are hereby created separate and special funds designated as
the “Water Utility Operating Fund” and “Sewer Utility Operating Fund” which shall be
maintained on the official books and records of the City and be administered in
accordance with this Section. These Funds shall be used to handle the revenues and
expenses from the Municipal water and sanitary sewer utilities owned and operated by
the Municipality1.
Subd. 2. Revenue and Expenses: Revenue from either the water or sanitary sewer system
shall be credited directly to the proper account. Expenses shall be debited against the
applicable water or sanitary sewer system account. Any expenses that are made for
public utility purposes shall be apportioned by the Finance Director/Treasurer to the
applicable account.
Subd. 3. Transfer of Funds: The Council may transfer funds into the Utilities Operating
Funds from any source, and the Council may transfer funds out of the Utilities Operating
Funds to the General Fund or Improvement Bond Redemption Fund 2.
Subd. 4. Pledge of Funds: In the event the Council pledges any of the funds of the Utilities
Operating Funds for bond redemption or any other purpose, the City Administrator shall
make such payments as are necessary in the manner prescribed by law or resolution. All
pledges must be satisfied before the Council can authorize a transfer out of the Utilities
Operating Funds. (Amended, Ord. 844, 5-20-10)
Subd. 5. Investment of Funds: Whenever there are temporary idle funds in the Utilities
Operating Funds, the Finance Director/Treasurer may invest said funds, and the revenue
derived therefrom shall be credited to the appropriate Utilities Operating Funds.
(1988 Code §20.03)
1 See Chapters 906 and 907 of this Code for water and sewer systems.
2 See Section 203.01 of this Chapter.
City of Mounds View
203.03 203.04
203.03: REVENUE SHARING FUND:
Subd. 1. Definitions: As used in this Section, the definitions adopted pursuant to
31 Code of Federal Regulations subtitle B, part 51, Federal Assistance to State and Local
Governments are hereby adopted by reference. (1988 Code §21.01)
Subd. 2. Fund Established: There is hereby established and created a trust fund designated
as the “Revenue Sharing Fund” wherein there shall be deposited all entitlement funds
received by the City pursuant to the Revenue Sharing Act. The uses and accounting for
the aforementioned funds and all regulations pertaining to said funds pursuant to
31 Code of Federal Regulations, subtitle B, part 51, Federal Assistance to State and Local
Governments are hereby adopted by reference and any future regulations amending or
supplementing this Section. (1988 Code §21.02)
203.04: LAKESIDE PARK FUND 1:
Subd. 1. Fund Established: There is hereby established and created a fund designated as the
“Lakeside Park Fund”, hereinafter in this Section referred to as the “Fund”.
(1988 Code §22.01)
Subd. 2. Purpose: The purpose of the Fund is to account for expenses relating to the
operation, maintenance and improvement of Lakeside Park. There shall be deposited in
the Fund contributions and/or donations received from other governmental units,
corporations and/or individuals, transfers from other City funds and fees charged for
recreation activities conducted at the Park authorized by the City and supervised by the
Director of Parks, Recreation and Forestry or such other designee as authorized by the
Council. (1988 Code §22.02)
Subd. 3. Use of Fund: Such funds shall be used for the direct operating expense,
maintenance and improvements of Lakeside Park and for the direct operating expenses of
recreation activities conducted at the Park. (1988 Code §22.03)
Subd. 4. Expenses: All expenses from the Fund shall be approved by the Council.
The Director of Parks, Recreation and Forestry may recommend expenses for approval.
(1988 Code §22.04)
1 See Chapter 905 of this Code for parks, playgrounds and recreation.
City of Mounds View
203.04 203.05
Subd. 5. Accounting: The Director of Parks, Recreation and Forestry shall be responsible
for and shall prepare an annual accounting of the Fund. This shall include all revenues,
expenses and balances at the end of each calendar year. All funds received shall be
deposited with the City Finance Director/Treasurer as provided for in Section 106.04 of
this Code. (1988 Code §22.05)
Subd. 6. Transfer of Funds: The Council may transfer funds into the Recreation Activity
Fund from any source, but there shall be no transfer of funds from the Recreation
Activity Fund, except for the purposes enumerated in subdivision 203.07(3) of this
Chapter. (1988 Code §22.06)
203.05: PARK AND PLAYGROUND FUND 1:
Subd. 1. Fund Established: There is hereby established and created a fund designated as the
“Park and Playground Fund”, hereinafter in this Section referred to as the “Fund”.
(1988 Code §23.01)
Subd. 2. Purpose: There shall be deposited in said Fund all cash payments received by the
City pursuant to the provisions of Section 1204.02 of this Code. (1988 Code §23.02)
Subd. 3. Section 1204.02 Payments: Such payments shall only be used by the City for the
acquisition of land for parks, playgrounds, public open space or storm water holding
areas or ponds, development of existing parks and playground sites, public open space
and storm water holding areas or ponds and debt retirement in connection with land
previously acquired for such public purposes. (1988 Code §23.03)
Subd. 4. Transfer of Funds: Section 1204.02 deposits may not be transferred out of the
Fund, except for the purposes enumerated in subdivision 3 above. Other receipts may be
transferred by the Council into the General Fund for the purposes enumerated in
subdivision 3 above. (1988 Code §23.04)
1 See Chapter 905 of this Code for parks, playground and recreation.
City of Mounds View
203.06 203.06
203.06: RECREATION ACTIVITY FUND 1:
Subd. 1. Fund Established: There is hereby established and created a fund designated as the
“Recreation-Activity Fund”, hereinafter in this Section referred to as the “Fund”. (1988
Code §24.01)
Subd. 2. Purpose: There shall be deposited in said Fund all cash fees charged by the City for
recreation activities authorized by the City and supervised by the Director of Parks,
Recreation and Forestry or such other designee as authorized by the Council. (1988 Code
§24.02)
Subd. 3. Use of Fund: Such funds shall be used for the direct operating expense of City
authorized recreation activities. These expenses shall include, but shall not be limited to,
compensation of instructors, rents or the purchase of equipment or supplies for
recreational activities. (1988 Code §24.03)
Subd. 4. Expenses: All expenses from the Fund shall be approved by the Council. The
Director of Parks, Recreation and Forestry may recommend expenses for approval. (1988
Code §24.04)
Subd. 5. Accounting: The Director of Parks, Recreation and Forestry shall be responsible
for and shall prepare an annual accounting of the Fund. This shall include all revenues,
expenses and balances at the end of each calendar year. All funds received shall be
deposited with the City Finance Director/Treasurer as provided for in Section 106.04 of
this Code. (1988 Code §24.05)
Subd. 6. Transfer of Funds: The Council may transfer funds into the Recreation Activity
Fund from any source, but there shall be no transfer of funds from the Recreation
Activity Fund, except for the purposes enumerated in subdivision 3 of this Section. (1988
Code §24.06)
1 See Chapter 905 of this Code for parks, playground and recreation.
City of Mounds View
203.07 203.07
203.07: STORM WATER MANAGEMENT FUND 1:
Subd. 1. Definitions: The following words and terms, wherever they occur in this Section,
shall be defined as follows:
a. AREA: The total area of the subject parcel of land measured in square feet and to
the center line of any abutting public streets or rights of way.
b. FUND: The Storm Water Management Fund.
c. OWNER: Any individual, firm, association, corporation, syndicate, co-partnership,
trust or other legal entity having sufficient legal or equitable interest in the subject parcel
of land to commence and maintain proceeding for a building permit under Chapter 1006
of this Municipal Code.
d. SWM CHARGE: The Storm Water Management Charge.
Subd. 2. Fund Established: There is hereby established and created a fund, designated as the
“Storm Water Management Fund” and a charge designated as the “storm water
management charge”.
Subd. 3. Purpose: The purpose of the Fund is to provide for the preservation and
improvement of storm water drainage facilities within the City. There shall be deposited
in the Fund all payments received pursuant to the provisions of this Section and such
other monies as shall be specified, from time to time, by the City Council.
Subd. 4. Applicability:
a. Any owner or owner’s agent who applies for a building permit under Chapter 1006
of this Municipal Code shall pay a storm water management charge in an amount as
determined hereinafter to the Fund.
b. If the Director of Public Works/City Engineer determines that applicant’s land
contributes storm water to a storm sewer needing improvement or additional monitoring
(as identified in the Local Water Management Plan dated February 12, 1990 2, subject to
subsequent revisions), the applicant shall pay the SWM charge. If the Director of Public
Works/City Engineer determines that the applicant’s land does not contribute storm water
to a storm sewer needing improvement or additional monitoring, the applicant shall pay
twenty percent (20%) of the SWM charge.
1 See Chapter 1010 of this Code for wetland zoning regulation; see Chapter 1301 of this Code for flood plain
zoning; see Chapter 1302 of this Code for surface water drainage regulation.
2 See Chapter 1302 of this Code.
City of Mounds View
203.07 203.07
Subd. 5. Computation of Required SWM Charge:
a. The minimum SWM charge shall be twenty five dollars ($25.00).
b. No provision herein shall be construed to prohibit the payment of more than one
SWM charge for a specific parcel of land.
c. The SWM charge shall be zero (0) whenever a building permit is issued for the
addition, alteration or improvement to an existing single-family residential structure or a
lot which has an existing single-family residential structure in an R-1 zoned district.
d. The SWM charge shall be as follows:
Property Zoned SWM Charge
R-1 $ 202.00 per lot
R-2 989.00 per lot
R-3 1,429.00 per acre
R-4, R-5, R-0, B-1, B-2, B-3, B-4
and I-1
1,966.00 per acre
e. The SWM charge shall be adjusted annually on July 1 according to the change in
the Engineering News Record Construction Cost Index for the Minneapolis-St. Paul area.
Subd. 6. Use of Fund: Any SWM charge payments deposited in the Fund shall be used only
for expenses incurred in the design, construction, preservation or improvement of City
storm water management systems. These expenses shall include, but shall not be limited
to, acquisition of land, woodlands and easements, construction of water quality control
improvements, preservation of woodlands and debt retirement in connection with storm
water management system improvements.
Subd. 7. Transfer of Funds: Any SWM charge payments deposited in the Fund shall not be
transferred out of the Fund, except for the purposes enumerated in subdivision 6 above.
(Ord. 504, 4-27-92)
City of Mounds View
203.08 203.08
203.08: SPECIAL PROJECTS FUND:
Subd. 1. Definitions: When used in this Section, the following words and phrases shall have
the meanings ascribed to them in this subdivision:
a. CAPITAL IMPROVEMENT PROJECTS: Projects which are intended to acquire,
construct, permanently modify or purchase assets of a long term character which are
intended to continue to be held or used, such as land, buildings and machinery.
b. EMERGENCY: An occurrence where the public health, safety and welfare is
jeopardized, where immediate action is necessary and must be declared by a
four-fifths (4/5) vote of the entire Council.
c. ENTERPRISE FUND: A fund established to finance and account for the
acquisition, operation and maintenance of governmental facilities which are entirely or
predominantly self-supporting by user charges. Examples of enterprise funds are those
for water, sewer, gas and electric utilities, swimming pools, airports, parking garages and
transmit systems.
d. EQUIPMENT: Tangible property of a more or less permanent nature, other than
land, buildings or improvements, other than buildings, which is useful in carrying on
operations. Examples are machinery, trucks, cars, furniture and furnishings.
e. GENERAL GOVERNMENT MAINTENANCE EXPENSES: Costs incurred for
the upkeep of physical properties in condition for uses or occupancy which are used in
the rendering of services traditionally associated with Municipal government as
distinguished from those provided by Municipal enterprise operations.
f. GENERAL GOVERNMENT OPERATING EXPENSES: Costs which are
necessary to the rendering of services traditionally associated with Municipal government
as distinguished from those provided by Municipal enterprise operations.
g. PUBLIC IMPROVEMENT PROJECTS: Public improvement projects as defined
in Chapter 202 of this Title.
h. SPECIAL ASSESSMENT FUND: A fund set up to finance and account for the
construction of improvements or provision of services which are to be paid for, wholly or
in part, from special assessments levied against benefited property. (1988 Code §27.01)
City of Mounds View
203.08 203.08 (Rev. 5/10)
Subd. 2. Fund Established: There is hereby established and created a separate and special
fund designated as the “Special Projects Fund”, which the City Administrator and
Finance Director/Treasurer shall maintain on the official accounting records and financial
statements of the City and administer in accordance with this Section. (Amended,
Ord. 844, 5-20-10)
Subd. 3. Use of Fund:
a. This Fund may be used to make interest-bearing loans to finance public
improvement projects authorized pursuant to Chapter 202 of this Title or to make
interest-bearing loans to finance equipment purchases and/or capital improvement
projects, which have been included in the long term financial plan, of any City enterprise
fund.
b. This Fund may also be used to make permanent transfers for the purchase of
equipment and/or to finance capital improvement projects, which have been included in
the Long Term Financial Plan, of any City fund except special assessment and enterprise
funds.
c. In no event shall this Fund be used to finance current and recurring general
government operations and maintenance expenses.
d. This Fund may be used to make permanent transfers to the fund balance of the
General Fund to ensure that there exists a cash flow reserve and a reserve for
contingencies. The amounts of said reserves shall be determined by the City Council.
e. This Fund may also be used to make emergency repairs to the public utility system,
City streets and highways, Municipal buildings and machinery and equipment in the
event that monies for said repairs have not been previously budgeted and/or that
sufficient monies are not available for said repairs from other sources. In the event that
the emergency repairs needed are to assets accounted for in the Water Fund, Sewer Fund
or any City enterprise fund, the monies for said repairs shall be in the form of an
interest-bearing loan. At the option of the Council, monies used for repairs to assets
accounted for in the funds may be in the form of interest-bearing loans or permanent
transfers. It shall be used for no other purpose, and any monies on deposit in the Fund
may be invested in accordance with provisions of the City Charter 1 and with applicable
Minnesota statutes.
f. This Fund may also be used to pay the bond service charges of the paying agents of
the bonds which were formerly accounted for in the Improvement Bond Redemption
Fund and which were defeased on January 18, 1984. (1988 Code §27.02)
1 See Charter Chapter 7 for finance provisions.
City of Mounds View
203.08 203.08
Subd. 4. Funds to be Deposited: There shall be deposited in said Fund the initial sum of
eight hundred fifty three thousand four hundred fifty nine dollars ($853,459.00) which
represents the cash balance remaining in the Improvement Bond Redemption Fund after
the cash defeasance of the Fund’s outstanding bonds. The special assessments receivable
of the Improvement Bond Redemption Fund shall be transferred to said Fund, and
hereafter, all future payments of principal and interest on those assessments shall be
deposited in the Fund. There may also be deposited in said Fund such other monies as
may be directed by the Council. (1988 Code §27.03; 1993 Code)
Subd. 5. Use of Funds:
a. Upon the adoption of a resolution by four-fifths (4/5) of the entire Council, monies
of the Fund may be used for the purposes stated in Subdivision 2 above. In the event of
an interest-bearing loan, the resolution authorizing said loan shall state the amount of the
loan, its purpose, term, interest rate and method of repayment.
b. In the event of the purchase of equipment or the financing of capital improvement
projects, the authorizing resolution shall state the amount of the purchase or financing,
shall contain a description of the equipment or project and shall designate the fund to
which the monies are to be transferred.
c. In the event of emergency repairs, the authorizing resolution shall state the nature of
the repairs, the amount needed for said repairs and shall designate the fund to which the
monies are to be transferred. The authorizing resolution shall also state that monies for
said emergency repairs had not previously been budgeted and that sufficient monies are
not available from other sources to finance said emergency repairs.
d. In the event of a permanent transfer to the Fund balance of the General Fund, the
authorizing resolution shall state the amount of the transfer and shall indicate whether
said transfer is designated for the cash flow reserve or the reserve for contingencies.
(1988 Code §27.04)
Subd. 6. Amendment or Repeal: Upon the adoption of an ordinance by four-fifths (4/5) of
the entire Council, this Section may be amended or repealed. In the event of repeal,
monies accumulated in the Fund shall be deposited in the General Fund with the
resolution authorizing repeal specifying the purposes for which the funds would be
expended. (1988 Code §27.05)
City of Mounds View
204.01 204.01 (Rev. 6/01)
CHAPTER 204
LOCAL LODGING TAX
(Added, Ord. 682, 6-11-01)
SECTION:
204.01: Definitions
204.02: Imposition of Tax
204.03: Collections
204.04: Exemptions
204.05: Advertising No Tax
204.06: Payments and Returns
204.07: Examination of Return, Adjustments, Notices and Demands
204.08: Refunds
204.09: Failure to File a Return
204.10: Penalties
204.11: Administration of Tax
204.12: Examination of Records
204.13: Violations
204.14: Use of Proceeds
204.15: Appeals
204.01: DEFINITIONS: As used in this Chapter, the following words and terms
shall have meanings given to them by this Section.
a. DIRECTOR: The Finance Director of the City.
b. CITY: The City of Mounds View.
c. LODGING: The furnishing for consideration of lodging by a hotel, motel, rooming
house, tourist court, or resort, except where such lodging shall be for a continuous period
of thirty (30) days or more to the same lodger.
d. OPERATOR: A person who provides lodging to others, or any officer, agent or
employee of such person.
City of Mounds View
204.01 204.05 (Rev. 6/01)
e. PERSON: Any individual, corporation, partnership, association, estate, receiver,
trustee, executor, administrator, assignee, syndicate or any other combination of
individuals. Whenever the term “person” is used in any provision of this Chapter
prescribing and imposing a penalty, the term as applied to a corporation, association, or
partnership, shall mean the officers, or partners thereof as the case may be.
f. RENT: The total consideration valued in money charged for lodging whether paid
in money or otherwise, but shall not include any charges for services rendered in
connection with furnishing lodging other than the room charge itself.
g. LODGER: The person obtaining lodging from an operator.
204.02: IMPOSITION OF TAX: There is hereby imposed a tax of three percent (3%) on
the rent charged by an operator for providing lodging to any person. The tax shall be stated and
charged separately and shall be collected by the operator from the lodger. The tax collected by
the operator shall be a debt owed by the operator to the City and shall be extinguished only by
payment to the City. In no case shall the tax imposed by this Section upon an operator exceed
the amount of tax which the operator is authorized and required by this Chapter to collect from a
lodger.
204.03: COLLECTIONS: Each operator shall collect the tax imposed by this Chapter at
the time rent is paid. The tax collections shall be held in trust by the operator for the City. The
amount of tax shall be separately stated from the rent charged for the lodging.
204.04: EXEMPTIONS: An exemption shall be granted to any person as to whom or
whose occupancy it is beyond the power of the City to tax. No exemption shall be granted except
upon a claim therefore made at the time the rent is collected and such a claim shall be made in
writing under penalty of perjury on forms provided by the City. All such claims shall be
forwarded to the City when the returns and collections are submitted as required by this Chapter.
204.05: ADVERTISING NO TAX: It shall be unlawful for any operator to advertise or
hold out or state to the public or any customer, directly or indirectly, that the tax or any party
thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or
that, if added, it or any part thereof will be refunded. In computing the tax to be collected,
amounts of tax less than one (1) cent shall be considered an additional cent.
City of Mounds View
204.06 204.07 (Rev. 6/01)
204.06: PAYMENTS AND RETURNS: The taxes imposed by this Chapter shall be paid
by the operator to the City not later than twenty five (25) days after the end of the month in
which the taxes were collected. At the time of payment the operator shall submit a return upon
such forms and containing such information as the City may require. The return shall contain the
following minimum information:
a. The total amount of rent collected for lodging during the period covered by the
return.
b. The amount of tax required to be collected and due for the period.
c. The signature of the person filing the return or that of an agent duly authorized in
writing.
d. The period covered by the return.
e. The amount of uncollectable rental charges subject to the lodging tax.
f. A copy of the Minnesota State Sales and Use Tax Return submitted by the operator
for the period covered by the return.
The operator may offset against the taxes payable with respect to any reporting period,
the amount of taxes imposed by this Chapter previously paid as a result of any transaction
the consideration for which became uncollectable during such reporting period, but only
in proportion to the portion of such consideration which became uncollectable.
204.07: EXAMINATION OF RETURN, ADJUSTMENTS, NOTICES AND
DEMANDS: The Director may rely upon the Minnesota State Sales and Use Tax Return filed
by the operator with the State of Minnesota in determining the accuracy of a return filed under
this Chapter. However, the Director shall be authorized to make any investigation or
examination of the records and accounts of the person making the return, if the Director
reasonably determines that such steps are necessary for determining the correctness of the return.
The tax computed on the basis of such examination shall be the tax to be paid. If the tax due is
found to be greater than that paid, such excess shall be paid to the City within ten (10) days after
receipt of a notice thereof, given either personally or sent by registered mail to the address shown
on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded
to the person who paid the tax to the City within ten (10) days after determination of such refund.
City of Mounds View
204.08 204.09 (Rev. 6/01)
204.08: REFUNDS: Any person may apply to the Director for a refund of taxes paid for a
prescribed period in excess of the amount legally due for that period, provided that no
application for refund shall be considered unless filed within one (1) year after such tax was
paid, or within one (1) year from the filing of the return, whichever period is the longer. The
Director shall examine the claim and make and file written findings thereon denying or allowing
the claim in whole or in part and shall mail a notice thereof by registered mail to such person at
the address stated upon the return. If such claim is allowed in whole or in part, the Director shall
credit the amount of the allowance against any taxes due under this Chapter from the claimant
and the balance of said allowance, if any, shall be paid by the Director to the claimant.
204.09: FAILURE TO FILE A RETURN:
a. If any operator required by this Chapter to file a return shall fail to do so within
the time prescribed, or shall make, willfully or otherwise, an incorrect, false, or
fraudulent return, the operator shall, upon written notice and demand, file such return or
corrected return within five (5) days of receipt of such written notice and shall at the
same time pay any tax due on the basis thereof. If such person shall fail to file such
return or corrected return, the Director shall make a return or corrected return, for such
person from such knowledge and information as the Director can obtain, and assess a tax
on the basis thereof, which tax, less any payments theretofore made on account of the tax
for the taxable period covered by such return shall be paid within five (5) days of the
receipt of written notice and demand for such payment. Any such return or assessment
made by the Director shall be prima facie correct and valid, and such person shall have
the burden of establishing its incorrectness or invalidity in any action or proceeding in
respect thereto.
b. If any portion of a tax imposed by this Chapter, including penalties thereon, is not
paid within thirty (30) days after it is required to be paid, the City may institute such legal
action as may be necessary to recover the amount due plus interest, penalties, the costs
and disbursements of any action.
c. Upon a showing of good cause, the Director may grant an operator one (1)
thirty (30) day extension of time within which to file a return and make payment of taxes
as required by this Chapter provided that interest during such period of extension shall be
added to the taxes due at the rate of ten percent (10%) per annum.
City of Mounds View
204.10 204.14 (Rev. 6/01)
204.10: PENALTIES: If any tax imposed by this Chapter is not paid within the time
herein specified for the payment, or an extension thereof, there shall be added thereto a specific
penalty equal to ten percent (10%) of the amount remaining unpaid. The amount of tax not
timely paid, together with any penalty provided by this Section, shall bear interest at the rate of
ten percent (10%) per annum from the time such tax should have been paid until it is paid. Any
interest and penalty shall be added to the tax and be collected as part thereof.
204.11: ADMINISTRATION OF TAX: The Director shall administer and enforce the
assessment and collection of taxes imposed by this Chapter. The Director shall cause to be
prepared blank forms for the returns and other documents required by this Chapter and shall
distribute the same throughout the City and furnish them on application, but failure to receive or
secure them shall not relieve any person from any obligation required of them under this
Chapter.
204.12: EXAMINATION OF RECORDS: The Director and those persons acting on
behalf of the Director, authorized in writing by the Director, may examine the books, papers and
records of any operator in order to verify the accuracy of any return made, or if no return was
made, to ascertain the tax as provided in this Chapter. Every such operator is directed and
required to give to the Director, or such other authorized agent or employee, the means, facilities
and opportunity for such examinations and investigations as are hereby authorized.
204.13: VIOLATIONS: Any person who shall willfully fail to make a return required by
this Chapter; or who shall fail to pay the tax after written demand for payment, or who shall fail
to remit the taxes collected or any penalty or interest imposed by this Chapter, after written
demand for such payment, or who shall refuse to permit the City to examine the books, records
and papers under their control, or who shall willfully make any incomplete, false or fraudulent
return shall be guilty of a misdemeanor.
204.14: USE OF PROCEEDS: Ninety-five percent (95%) of the proceeds obtained from
the collection of taxes pursuant to this Chapter shall be used in accordance with Minnesota
Statutes, Section 469.190, as the same may be amended from time to time, to fund a local
convention or tourism bureau for the purpose of marketing and promoting the City as a tourist or
convention center.
City of Mounds View
204.15 204.15 (Rev. 5/10)
204.15: APPEALS:
a. Any operator aggrieved by any notice, order or determination made by the Director
under this Chapter may file a petition for review of such notice, order or determination
detailing the operator’s reasons for contesting the notice, order or determination.
The petition shall contain the name of the petitioner, the petitioner’s address and the
location of the lodging subject to the order, notice or determination.
b. The petition for review shall be filed with the City within ten (10) days after the
notice, order or determination for which review is sought has been mailed or served upon
the person requesting review.
c. Upon receipt of the petition, the City Administrator, or the City Administrator’s
designee, shall set a date for a hearing and give the petitioner at least five (5) days prior
written notice of the date, time and place of the hearing. (Amended, Ord. 844, 5-20-10)
d. At the hearing, the petitioner shall be given an opportunity to show cause why the
notice, order or determination should be modified or withdrawn. The petitioner may be
represented by counsel of petitioner’s choosing at petitioner’s own expense.
e. The hearing shall be conducted by the City Administrator, or the City
Administrator’s designee, provided only that the person conducting the hearing shall not
have participated in the drafting of the order, notice or determination for which review is
sought. (Amended, Ord. 844, 5-20-10)
f. The person conducting the hearing shall make written findings of fact and
conclusion based upon the applicable sections of this Chapter and evidence presented.
The person conducting the hearing may affirm, reverse or modify the notice, order or
determination made by the Director.
g. Any decision rendered by the City Administrator, or the City Administrator’s
designee, pursuant to this subdivision may be appealed to the City Council. A petitioner
seeking to appeal the decision must file a written notice of appeal with the City within
ten (10) days after the decision has been mailed to the petitioner. The matter will
thereupon be placed on the Council agenda as soon as it is practical. The Council shall
then review the findings of fact and conclusions to determine whether they are correct.
Upon a determination by the Council that the findings and conclusions are incorrect, the
Council may modify, reverse or affirm the decision of the City Administrator, or the City
Administrator’s designee, upon the same standards as set forth in Subparagraph f.
(Amended, Ord. 844, 5-20-10)
City of Mounds View
NO ITEM DESCRIPTION UNIT QTY EE UNIT PRICE EE TOTAL PRICE1 MOBILIZATION LUMP SUM 1 21,000.00$ 21,000.00$ 2 CLEAR AND GRUB LS 1 5,000.00$ 5,000.00$ 3 REMOVE CURB AND GUTTER LIN FT 1160 3.50$ 4,060.00$ 4 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 400 9.00$ 3,600.00$ 5 RECLAIM BITUMINOUS PAVEMENT SQ YD 10,741 3.00$ 32,223.32$ 6 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 72 2.50$ 180.00$ 7 SALVAGE AND REINSTALL SIGN EACH 5 100.00$ 500.00$ 8 COMMON EXCAVATION (P) CU YD 2,071 15.00$ 31,057.63$ 10 COMMON EXCAVATION - FEATURE CY 467 20.00$ 9,333.33$ 11 SUBGRADE EXCAVATION - FEATURE CY 93 20.00$ 1,866.67$ 12 SELECT - FEATURE CY 342.22 25.00$ 8,555.56$ 13 SELECT MOD - FEATURE CY 86 35.00$ 2,994.44$ 14 STREET SWEEPER (WITH PICKUP BROOM) HOUR 10 100.00$ 1,000.00$ 15 WATER FOR DUST CONTROL 1000 GAL 50 30.00$ 1,500.00$ 16 SUBGRADE PREPARATION SQ YD 10,741 2.00$ 21,482.21$ 17 AGGREGATE BASE, CLASS 5 CU YD 1,085 17.00$ 18,445.00$ 18 PATCH BIT DRIVEWAY SY 400 30.00$ 12,000.00$ 19 BITUMINOUS MATERIAL FOR TACK COAT GALLON 537.06 3.50$ 1,879.69$ 20 TYPE SP 12.5 WEARING COURSE MIXTURE (2,C) TON 1,951.31 70.00$ 136,591.53$ 21 STORM SEWER LUMP SUM 1 49,421.31$ 49,421.31$ 22 FOUNDATION PREP SY 11141 3.00$ 33,423.00$ 23 ADJUST FRAME & RING CASTING EACH 10 350.00$ 3,500.00$ 24 MANHOLE RISER RING EACH 9 150.00$ 1,350.00$ 25 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 750 18.00$ 13,500.00$ 26 8" CONCRETE COMMERCIAL DRIVEWAY PAVEMENT SQ YD 160 50.00$ 8,000.00$ 27 8" CONCRETE VALLEY GUTTER SQ YD 8 60.00$ 466.67$ 28 TRAFFIC CONTROL LUMP SUM 1 5,000.00$ 5,000.00$ 29 SILT FENCE, TYPE MACHINE SLICED LIN FT 600 2.50$ 1,500.00$ 30 STORM DRAIN INLET PROTECTION, PAVED STREET EACH 15 100.00$ 1,500.00$ 31 STORM DRAIN INLET PROTECTION, NON-PAVED STREET EACH 10 100.00$ 1,000.00$ 32 FILTER LOG EACH 6 150.00$ 900.00$ 33 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 1 1,000.00$ 1,000.00$ 34 SODDING TYPE SALT RESISTANT SQ YD 200 7.50$ 1,500.00$ Storm Sewer OnlyTOTAL ESTIMATED CONSTRUCTION COST435,330.36$ 49,421.31$ +10% CONTINGENCIES 43,533.04$ 4,942.13$ 478,863.39$ 54,363.44$ +20% PROJECT COST 95,772.68$ 10,872.69$ TOTAL ESTIMATED PROJECT COST: 574,636.07$ 65,236.13$ USE FOR REPORT: $575,000Mustang DriveMounds View, MNDecember 2014Opinion of Probable Cost
Assessment Breakdown OPTION 1 OPTION 5
Owner Area (AC)
Area Assess per
parcel%
Area Assess per
owner%
Adjusted
Front Footage
Rounded
Adjusted Front
Footage
Adjusted
Frontage
Assess per
parcel%
Adjusted
Frontage Assess
per owner%
2151 Mustang Dr Gregory & Jane Kelley 0.97 1.52% 1.52% 336.88 336.5 6.70% 6.70%
2159 Mustang Dr Bauer Welding Metal Fabricators 7.79 12.19% 12.19% 426.275 426 8.48% 8.48%
2169 Mustang Dr Midwest Motor Express Inc. 8.15 12.76% 12.76% 463.51 463.5 9.23% 9.23%
4800 Mustang Cir Phillip Javinsky 1.05 1.64% 1.64% 404.23 404 8.04% 8.04%
4860 Mustang Cir Fac Holdings LLC 4.63 7.25% 7.25% 565.47 565 11.25% 11.25%
4825 Mustang Cir D & A Development Co 4.24 6.64% 244.84 244.5 4.87%
4825 Mustang Cir D & A Development Co 2.95 4.62% 175 175 3.48%
4825 Mustang Cir D & A Development Co 3.6 5.64% 16.89% 200.1 200 3.98% 12.34%
4751 Mustang Cir Fedtech Partners LLC 9.99 15.64% 200.05 200 3.98%
4751 Mustang Cir Fedtech Partners LLC 5.89 9.22% 24.86% 505 505 10.06% 14.04%
2160 Mustang Dr MFJ Company LLP 13.09 20.49% 20.49% 1200 1200 23.89% 23.89%
4759 Old Highway 8GI Technology Inc 1.53 2.40% 2.40% 302.6 302.5 6.02% 6.02%
check 100.00% 100.00% 100.00% 100.00%
100 % Storm Sewer Only OPTION 1 OPTION 5
Owner Area (AC)
Area Assess per
parcel%
Area Assess per
owner%
Adjusted
Front Footage
Rounded
Adjusted Front
Footage
Adjusted
Frontage
Assess per
parcel%
Adjusted
Frontage Assess
per owner%
2151 Mustang Dr Gregory & Jane Kelley 0.97 1.52% $987.01 336.88 336.5 6.70% $4,355.34
2159 Mustang Dr Bauer Welding Metal Fabricators 7.79 12.19% $7,926.58 426.275 426 8.48% $5,513.74
2169 Mustang Dr Midwest Motor Express Inc. 8.15 12.76% $8,292.89 463.51 463.5 9.23% $5,999.10
4800 Mustang Cir Phillip Javinsky 1.05 1.64% $1,068.41 404.23 404 8.04% $5,228.99
4860 Mustang Cir Fac Holdings LLC 4.63 7.25% $4,711.18 565.47 565 11.25% $7,312.82
4825 Mustang Cir D & A Development Co 4.24 6.64% 244.84 244.5 4.87%
4825 Mustang Cir D & A Development Co 2.95 4.62% 175 175 3.48%
4825 Mustang Cir D & A Development Co 3.6 5.64% $10,979.18 200.1 200 3.98% $8,018.22
4751 Mustang Cir Fedtech Partners LLC 9.99 15.64% 200.05 200 3.98%
4751 Mustang Cir Fedtech Partners LLC 5.89 9.22% $16,158.42 505 505 10.06% $9,124.85
2160 Mustang Dr MFJ Company LLP 13.09 20.49% $13,319.51 1200 1200 23.89% $15,531.66
4759 Old Highway 8GI Technology Inc 1.53 2.40% $1,556.83 302.6 302.5 6.02% $3,915.27
100.00% $65,000.00 100.00% $65,000.00
100 % Streets Only OPTION 1 OPTION 5
Owner Area (AC)
Area Assess per
parcel%
Area Assess per
owner%
Adjusted
Front Footage
Rounded
Adjusted Front
Footage
Adjusted
Frontage
Assess per
parcel%
Adjusted
Frontage Assess
per owner%
2151 Mustang Dr Gregory & Jane Kelley 0.97 1.52% $7,744.21 336.88 336.5 6.70% $34,172.64
2159 Mustang Dr Bauer Welding Metal Fabricators 7.79 12.19% $62,193.17 426.275 426 8.48% $43,261.65
2169 Mustang Dr Midwest Motor Express Inc. 8.15 12.76% $65,067.31 463.51 463.5 9.23% $47,069.89
4800 Mustang Cir Phillip Javinsky 1.05 1.64% $8,382.91 404.23 404 8.04% $41,027.48
4860 Mustang Cir Fac Holdings LLC 4.63 7.25% $36,964.62 565.47 565 11.25% $57,377.54
4825 Mustang Cir D & A Development Co 4.24 6.64% 244.84 244.5 4.87%
4825 Mustang Cir D & A Development Co 2.95 4.62% 175 175 3.48%
4825 Mustang Cir D & A Development Co 3.6 5.64% $86,144.33 200.1 200 3.98% $62,912.19
4751 Mustang Cir Fedtech Partners LLC 9.99 15.64% 200.05 200 3.98%
4751 Mustang Cir Fedtech Partners LLC 5.89 9.22% $126,781.47 505 505 10.06% $71,594.98
2160 Mustang Dr MFJ Company LLP 13.09 20.49% $104,506.89 1200 1200 23.89% $121,863.80
4759 Old Highway 8GI Technology Inc 1.53 2.40% $12,215.09 302.6 302.5 6.02% $30,719.83
100.00% $510,000.00 100.00% $510,000.00
25 % Streets OPTION 1 OPTION 5
Owner Area (AC)
Area Assess per
parcel%
Area Assess per
owner%
Adjusted
Front Footage
Rounded
Adjusted Front
Footage
Adjusted
Frontage
Assess per
parcel%
Adjusted
Frontage Assess
per owner%
2151 Mustang Dr Gregory & Jane Kelley 0.97 1.52% $1,936.05 336.88 336.5 6.70% $8,543.16
2159 Mustang Dr Bauer Welding Metal Fabricators 7.79 12.19% $15,548.29 426.275 426 8.48% $10,815.41
2169 Mustang Dr Midwest Motor Express Inc. 8.15 12.76% $16,266.83 463.51 463.5 9.23% $11,767.47
4800 Mustang Cir Phillip Javinsky 1.05 1.64% $2,095.73 404.23 404 8.04% $10,256.87
4860 Mustang Cir Fac Holdings LLC 4.63 7.25% $9,241.16 565.47 565 11.25% $14,344.38
4825 Mustang Cir D & A Development Co 4.24 6.64% 244.84 244.5 4.87%
4825 Mustang Cir D & A Development Co 2.95 4.62% 175 175 3.48%
4825 Mustang Cir D & A Development Co 3.6 5.64% $21,536.08 200.1 200 3.98% $15,728.05
4751 Mustang Cir Fedtech Partners LLC 9.99 15.64% 200.05 200 3.98%
4751 Mustang Cir Fedtech Partners LLC 5.89 9.22% $31,695.37 505 505 10.06% $17,898.75
2160 Mustang Dr MFJ Company LLP 13.09 20.49% $26,126.72 1200 1200 23.89% $30,465.95
4759 Old Highway 8GI Technology Inc 1.53 2.40% $3,053.77 302.6 302.5 6.02% $7,679.96
100.00% $127,500.00 100.00% $127,500.00
12.5 % Streets OPTION 1 OPTION 5
Owner Area (AC)
Area Assess per
parcel%
Area Assess per
owner%
Adjusted
Front Footage
Rounded
Adjusted Front
Footage
Adjusted
Frontage
Assess per
parcel%
Adjusted
Frontage Assess
per owner%
2151 Mustang Dr Gregory & Jane Kelley 0.97 1.52% $968.03 336.88 336.5 6.70% $4,271.58
2159 Mustang Dr Bauer Welding Metal Fabricators 7.79 12.19% $7,774.15 426.275 426 8.48% $5,407.71
2169 Mustang Dr Midwest Motor Express Inc. 8.15 12.76% $8,133.41 463.51 463.5 9.23% $5,883.74
4800 Mustang Cir Phillip Javinsky 1.05 1.64% $1,047.86 404.23 404 8.04% $5,128.43
4860 Mustang Cir Fac Holdings LLC 4.63 7.25% $4,620.58 565.47 565 11.25% $7,172.19
4825 Mustang Cir D & A Development Co 4.24 6.64% 244.84 244.5 4.87%
4825 Mustang Cir D & A Development Co 2.95 4.62% 175 175 3.48%
4825 Mustang Cir D & A Development Co 3.6 5.64% $10,768.04 200.1 200 3.98% $7,864.02
4751 Mustang Cir Fedtech Partners LLC 9.99 15.64% 200.05 200 3.98%
4751 Mustang Cir Fedtech Partners LLC 5.89 9.22% $15,847.68 505 505 10.06% $8,949.37
2160 Mustang Dr MFJ Company LLP 13.09 20.49% $13,063.36 1200 1200 23.89% $15,232.97
4759 Old Highway 8GI Technology Inc 1.53 2.40% $1,526.89 302.6 302.5 6.02% $3,839.98
100.00% $63,750.00 100.00% $63,750.00
Address
Address
Address
Address
Address