HomeMy WebLinkAboutAgenda Packets - 2001/11/05CITY OF MOUNDS VIEW
WORK SESSION AGENDA
MONDAY, NOVEMBER 5, 2001
6:00 p.m.
CALL TO ORDER
ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas
Items Discussed
Per Consensus
________ 1. Discussion Regarding Status of SYSCO Billboards with DeLite
Outdoor Advertising Representatives – Ericson (oral report)
________ 2. Clubhouse Manager’s Salary-Reed (will be provided Friday, 11/2/01)
________ 3. Discussion Regarding Proposed County Highway 10 Corridor
Improvement Plans - Ericson
________ 4. Discussion Regarding Updates to the Nuisance Code - Anderson
________ 5. Discussion Regarding Rental Property Licensing Requirements and
Procedures - Anderson
________ 6. Discussion Regarding County Highway 10 Corridor Streetlights - Ericson
________ 7. Discussion Regarding Draft Purchase and Rehabilitation RFP for
2091 Hillview Road, EDA-owned Four-plex - Ericson
________ 8. Reclassification of Positions:Police Department Records Clerk
Brennan/Reed
________ 9. Compensation for Public Works and Golf Personnel- Reed
________ 10. Overview of Emergency Management Plan (oral report)- Brick or
Brennan
________ 11. Discussion Regarding Tobacco Ordinance Revision - Brennan
________ 12. Discussion Regarding the Building Official Position - Reed, Ericson,
Zikmund
Item No: 4
Meeting Date: 11/5/01
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: Jeremiah Anderson, Housing/Code Enforcement Inspector
Item Title/Subject: Discussion regarding updates to the Nuisance Code
Date of Report: October 30, 2001
Background:
At the March 5, 2001 council work session meeting, council directed staff to conduct
research regarding vehicles constituting a public nuisance and begin drafting an
ordinance, which strengthened the existing nuisance code provisions. At the May 7,
2001 work session meeting, staff presented proposed changes to the nuisance code for
discussion. At that meeting, it was discussed that the issue of trailers being parked in
yards and trailers needing to display current license needed additional clarification.
Given the time that has elapsed since this item was last before the council, staff felt it
was appropriate to revisit the issue.
Discussion:
Staff recommended several changes to the nuisance code at the May 7, 2001 work
session meeting. Many of the proposed changes were for clarification purposes and to
eliminate confusion within the nuisance code. Additionally, legal council has explained
that it is not necessary to include state statutes verbatim in a city ordinance, however,
staff feels that it is necessary to include the relevant statutes within the ordinance rather
than only referencing them because it could help to eliminate confusion when residents
request a copy of the ordinance and notice many references to other state statutes.
At the May 7, 2001 work session meeting, the parking of trailers, snowmobiles, and
ATV’s in yards was a subject of discussion. Currently, the nuisance code defines a
vehicle as “any vehicle as defined in Minnesota Statutes as every device in, upon, or by
which any person or property is or may be transported or drawn upon a highway”.
However, the nuisance code specifically excludes trailers with weight classifications of
A and B (0-1,500lbs. and 1,501-3,000lbs.), snowmobiles, and ATV’s from this definition.
As such, the parking requirements listed in the nuisance code would not apply to such
trailers, snowmobiles, and ATV’s. As an example, a property owner could park
numerous snowmobiles, ATV’s or trailers with class A or B weight classifications
anywhere in the yard of a property and not be in violation of the nuisance code. To
elaborate further, the snowmobiles, ATV’s or trailers could also be junked/inoperable
and not display current registration on the license plates and violate the requirements of
the nuisance code.
Nuisance Code Update
October 30, 2001
Page 2
Recommendation:
Staff is requesting direction regarding three items. 1) Should the outside storage of
snowmobiles, ATV’s, and trailers in yards be permitted 2) If snowmobiles, ATV’s and
trailers are permitted to be stored outside should they be required to display current
registration (which would require them to be insured) on the license plates 3) if
snowmobiles, ATV’s and trailers are permitted to be stored outside should they be
required to be in a state of operability.
Jeremiah Anderson
Housing/Code Enforcement Inspector
Item No: 5
Meeting Date: 11/5/01
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: Jeremiah Anderson, Housing/Code Enforcement Inspector
Item Title/Subject: Discussion regarding rental property licensing requirements
and procedures
Date of Report: October 30, 2001
Background:
Title 1000, Chapter 1005 of the Mounds View Municipal Code is entitled the Minimum
Housing Standards for Dwellings and Multiple Dwellings and may be cited as the
Housing Code. This chapter establishes minimum standards for the initial and
continued occupancy of all buildings and applies to all Preexisting dwellings, multiple
dwellings, and manufactured homes located within the City. The purpose of the chapter
is to protect the public health, safety, and welfare by enacting a housing code, which
establishes minimum standards for basic equipment and facilities; for safety from fire,
and to provide residents safely maintained and sanitary dwellings and multiple
dwellings.
Chapter 1005 is broken down into several sections, which address things such as,
Health and Sanitation, Exterior and Structural Standards, Basic Facilities, Interior
Standards, Fire Safety, and Multiple Dwelling Registration.
Discussion:
Currently, the housing code requires all multiple dwelling owners/operators to obtain a
certificate of registration prior to the initial occupancy of the building and each year
thereafter. A certificate of registration is issued after a registration statement and
application have been filed and the multiple dwelling has been inspected and found to
comply with the provisions of the housing code. A multiple dwelling is defined in the
housing code as a building or portion thereof containing two or more dwelling units.
Therefore, all large apartment complexes, four-plexes, and duplexes are considered
multiple dwellings and as such, are inspected annually and are issued a certificate of
registration once they pass the inspection. Currently, The City of Mounds View has
approximately 1,500 registered dwelling units. Staff is seeking direction to have this
section removed from within the housing code and placed into a separate section of the
City Code. Legal council will probably need to examine where the most suitable location
would be. This change of location would provide more clarity in the housing code.
Rental Property Licensing Requirements and Procedures Page 2
Additionally, the term certificate of registration is used in section 1005.12 of the housing
code to describe what could probably be better described as a Multiple Dwelling
License. A license is a term that most people understand and the term clearly illustrates
a formal or legal permission to do something specified. To grant a license would
indicate such legal permission. The term certificate of registration sounds less clear,
may create a loophole, and adds a gray area.
The fee for a certificate of registration is established by council resolution each year
and has not been changed or increased in more than 9 years. Currently, the fees are
$5 per unit with a $30 minimum per building. This blanket type fee approach has been
in effect since the inception of the housing code, which dates back to the mid 1970’s.
While this is a simple approach to administer, staff is seeking the council’s direction in
considering changing the fee structure to represent conditions present at a property and
the level of participation in certain activities with the City. As an example, should a
multiple dwelling that has been certified in the Crime Free Multi Housing program be
paying the same fee as a property that has not been certified and incidentally,
generates excessive illegal activity? Several other suburban Cities have adopted similar
approaches recently, some pro-active and some reactive. Staff believes that a
combined approach which rewards properties that participate in the CFMH program and
allows the City some recourse to address the occasional problematic property, and
residents’ conduct on licensed premises, would seem to make sense and best
accomplish this.
Additionally, in it’s current form section 1005.12 of the housing code is unclear as to
what actions are to be taken in the event that a registered property is repeatedly
inspected and does not comply with housing code standards. This situation would be
considered a violation of the housing code and a citation could be issued for non-
compliance. However, staff feels that the current procedures listed within the housing
code in section 1005.12 Subd. 7 are an administrative remedy and as such, would be
more suitable for the council to hear and act upon accordingly.
Lastly, staff is seeking direction regarding the number of dwelling units to be inspected.
The housing code states that the enforcement officer shall make every effort to inspect
the premises of all multiple dwelling buildings on an annual basis. However, in 1994 the
council directed staff to inspect all multiple dwellings within a four-year timeframe. As
such, staff has been inspecting 25% of all dwelling units in each complex on a yearly
basis. Staff is requesting that this procedure be modified to increase efficiency and
provide better service to residents of the City. Staff feels inspecting 91 units in a 364-
unit complex and coming up with little or no problems is not an efficient use of
resources. To that avail, all of the large complexes in the City have fulltime
management, on site maintenance staff, and are owned by individuals interested in
running a business. Conversely, most smaller properties are usually owner managed
and do not have access to full time maintenance staff. The owner may come around
once a month to collect late rent and make repairs as needed. Staff time could be
better utilized inspecting properties which have problems and less time in properties
that have none.
Recommendation:
Provide direction to staff that indicates an interest to present proposed changes at a
future work session meeting for additional discussion.
Jeremiah Anderson
Housing/Code Enforcement Inspector
Item No: 6
Meeting Date: November 5, 2001
Type of Business: WS
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Community Development Director
Item Title/Subject: Discussion Regarding County Highway 10 Corridor
Streetlights, Decorative vs. Standard.
Date of Report: October 31, 2001
Background:
The City Council reviewed various streetlight fixture designs last year and authorized the
installation of decorative “Domus” lights along the realigned Edgewood Drive and
standard shoebox lights along the newly paved path behind City Hall. While I do not
have the documentation for the originally quoted cost of the individual lights, the
decorative lights were about $4,500 each and the shoebox design about $2,500 each.
Altogether, the cost of for the Edgewood lights and City Hall lights amounted to $55,995.
In October of last year, staff approached the EDA regarding the installation of trailway
lights in front of Walgreens and the Mermaid. Based on the direction to utilize decorative
lights within the corridor, the EDA authorized expenditure of $82,500 of tax increment
funds which was also to pay for the extension of Mermaid’s trail up to Woodale Drive.
The lights in front of Walgreens cost $46,145, which has already been paid. The cost to
install the Mermaid lights will be $63,476, which is more than what was originally quoted.
Even with the Mermaid’s contribution of $23,084 for four of the lights, the total amount
exceeds what was authorized by the EDA by about $4,000 and does not leave any extra
to pay for the trail extension.
Discussion:
Given the increasing cost of the lights and the plan to install these along both sides of the
County Highway 10 corridor, staff did some math and determined that the cost to install
the decorative lights along both sides of the highway will be significant.
There is approximately 19,000 feet of frontage along County Highway 10, less
intersections and less frontage already improved with lights. The recommended spacing
requirement for the “Domus” decorative lights is 95 feet with a maximum of 125 feet.
(The lights in front of Walgreens and proposed for the Mermaid were spaced at 125 feet
which we’ve discovered to be inadequate.) Thus assuming a spacing of one light per 100
feet, about 190 lights would be needed in the corridor. Assuming again a cost of $5,771
per light, the total cost to install decorative corridor lighting would be $1,096,000. This
cost could however be less in return for bulk purchasing discounts.
My thought would be to limit the decorative lights to a certain section of the corridor; for
example, from County H2 to Silver Lake Road, and use the standard shoebox lights in
the periphery areas. While I do not as of yet have a quote for the shoebox lights, it is
Streetlight Report
November 5, 2001
Page 2
anticipated that they would be approximately $3,000 per light, saving almost 50% of what
the decorative Domus lights cost. Another added benefit of the shoebox style of lighting
is that they typically cast more light and thus can be spaced out more than the decorative
lights. If the City were to consider the area between County Road H2 and Silver Lake
Road (the City Center) for decorative lights and the areas lying beyond the City Center for
the shoebox lights, the following costs could be anticipated:
City Center Frontage = 9,000 feet 90 lights x $5,770 = $519,300
Periphery Frontage = 10,000 feet 80 lights x $3,000 = $240,000
Total: $759,300
Utilizing this approach would save approximately $300,000.
Recommendation:
Discuss this information and direct staff with regard to the potential of creating a City
Center within which decorative lights would be installed, beyond which standard shoebox
lights would be installed.
_____________________________________
James Ericson
Community Development Director
763-717-4021
N:\DATA\GROUPS\COMDEV\City Council\General Reports\Streetlight Report - Nov 5, 2001.doc
Item No. 8
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Tim Brennan, Interim Police Chief
Item Title/Subject: Reclassification of Records Clerk (Senior Clerk
Typist) from Three-Quarter Time to Full-Time
Date of Report: November 5, 2001
In response to the former Police Chief’s request for an additional full-time clerical
position, at the February 26, 2001 Human Resources Committee meeting the
Committee made several recommendations in lieu of hiring additional clerical
personnel. Those recommendations included moving the Records Clerk (Senior
Clerk Typist) position from three-quarter time to full-time, sharing clerical staff
with other departments, and seeking grant dollars for an intern. This issue was
discussed at a Council meeting and the Council concurred with the
recommendations of the HR Committee.
The Records Clerk is currently working full-time and staff believes there is
justification for moving the position to full-time permanently. The cost to
reclassify the Records Clerk position is reflected in the proposed 2002 budget
that has been under review. Formalization (adoption by resolution) of this
reclassification is being sought prior to final approval of the 2002 budget.
Respectfully Submitted,
___________________________
Tim Brennan
Interim Police Chief
Item No.9
Meeting Date: November 5, 2001
Type of Business:WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant to the City Administrator
Item Title/Subject: Compensation for Public Works and Golf Course
Personnel
Date of Report: October 31, 2001
In the absence of department directors for Public Works and the Golf Course,
several staff members have taken on additional responsibilities. In June of 2000
the Council adopted a resolution approving a policy whereby employees serving
in department head level positions would receive 15% above their base rate of
pay. The Council also recently adopted a policy for compensating individuals
working in higher classification positions. The Council has asked staff to present
options for a merit pay policy at a future meeting, however, merit pay typically
takes into consideration exceptional performance of one’s own duties, not those
of someone else. Regrettably, neither of the current or proposed policies apply
to the situation before the Council today.
Three members of the Public Works staff are currently handling projects and
routine tasks that would typically be handled by the department director. The
additional responsibilities include, but are not limited to, attending council
meetings, preparing staff reports, coordinating projects such as County Road H2,
Hillview Park Shelter bid opening and construction and meeting with engineering
consultants.
Staff members covering the former golf course superintendent’s position have
taken on additional duties such as applying chemicals to the greens,
landscaping, operating and repairing the irrigation system, meeting with other
golf course superintendents to gather knowledge and expertise, preparing the
budget and attending council meetings.
The matter of compensation for the individuals in public works and at the golf
course who have taken on additional responsibilities has been discussed with the
Human Resources Committee. The Human Resources Committee is supportive
of compensating the following positions for the additional work they are
performing at the following percentage rates:
Public Works Foreman: 10%
Information Services Engineer/Tech: 5%
PW Administrative Assistant: 5%
Parks Foreman: 7.5%
Seasonal Maintenance Worker: 7.5%
Clubhouse Manager: 5%
Please note that the recommended percentages would be paid retroactive to the
date the positions became vacant. In addition, the “interim pay” would cease
when the positions are filled or when the individuals are no longer performing the
additional duties (ie, due to the closing of the golf course). Dollars associated
with the proposed rates of “interim pay” will be offset by payroll savings from the
two vacant positions.
Recommendation
Direct staff to prepare a resolution compensating each of the positions listed
above at the rates indicated. The rates will be applied to the employee’s base
hourly rate.
Respectfully Submitted
Givonna Reed
Item No. 11
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Tim Brennan, Deputy Police Chief/Acting Chief
Item Title/Subject: Discussion of Revisions to the Tobacco
Ordinance
Date of Report: November 5, 2001
TOBACCO ORDINANCE REVISIONS:
Revision of the Mounds View Tobacco ordinance, Chapter
512, is necessary for a number of reasons. Some
language in the current ordinance is unclear in some of its
wording, and some of the language is in fact in conflict with
existing state statute. The suggested revisions to the
ordinance help correct these issues. A possible
contradiction that remains between 512.07(Subd. 1) and
512.08 should be addressed during the revision process.
Language addressing penalties for minors found using or
possessing tobacco needs to be inserted into 512.07
(Subd. 4) after the public hearing. Consideration of
language holding commercial property owners or
managers accountable for the conduct of minor employees
or patrons on their premises need also be considered.
.
RECOMMENDATION:
It is recommended that the provided “redline” revised copy
of the current ordinance be adopted, after the issues
expressed above have been resolved.
Respectfully Submitted,
___________________________
Tim Brennan
Deputy Police Chief/Acting Chief
[Redlined #1]
ORDINANCE NO. 689
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE RELATING TO CIGARETTE AND TOBACCO
PRODUCTS AND AMENDING TITLE 512 OF THE MOUNDS VIEW
MUNICIPAL CODE
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Title 512 of the Mounds View Municipal code shall be amended to
read:
CHAPTER 512
CIGARETTE AND TOBACCO PRODUCTS
SECTION:
512.01: Definitions
512.02: License Required
512.03. Application
512.034: License Restrictions
512.04: Prohibited Sales
512.05. License fee; Term; Transfer
512.06. Display of License
512.057: Penalties
512.068: Suspension Or Revocation
512.079: Hearing And Notice
512.108: Exception
512.01: DEFINITIONS:
Subd. 1. TOBACCO-RELATED PRODUCT: Cigarettes, cigars, cheroots,
stogies, perique, granulated, plug cut, crimp cut, ready rubbed and
other smoking tobacco, snuff, snuff flower, cavendish, plug and twist
tobacco, fine cut and other chewing tobaccos, shorts, refuse scrips,
clippings, cuttings and sweepings of tobacco prepared in such
manner as to be suitable for chewing, sniffing or smoking in a pipe,
rolling paper or other tobacco related devices.
Subd. 2. VENDING MACHINES: Any mechanical, electric or electronic
device, appliance or any other medium or object designed or used for
vending purposes which, upon insertion of money, tokens or any
other form of payment, dispenses tobacco products. (Ord. 553,
4-24-95)
512.02: LICENSE REQUIRED: No person shall directly or indirectly
keep for retail sale, sell at retail, or otherwise dispense tobacco products
unless licensed by the City. License applications shall be submitted to the
Clerk-Administrator together with the license fee as determined from time to
time by City Council resolution. A license shall be issued for a specific
premises identified in the application and shall expire on December 31 of
each year. (Ord. 553, 4-24-95)No person shall directly or indirectly or by
means of any device keep for retail sale, sell at retail, or otherwise dispose
of tobacco at any place in the city unless a license therefor shall first have
been obtained as provided in this section.
512.03. Application.
Subd. 1. Contents. Application for a license required by the provisions of
this section shall be made to the City Clerk-Administrator on a form
supplied by the City. Such application shall state:
(a) the full name and address of the applicant;
(b) the location of the building and the part intended to be
used by the applicant under such license;
(c) the kind of business conducted at such location; and
(d) such other information as shall be required by the
application form.
Subd. 2. City Council Review. Upon the filing of an application with the
Clerk-Administrator, it shall be presented to the City Council for its
consideration. If granted by the Council, a license shall be issued by
the Clerk-Administrator upon payment of the required fee.
512.034: LICENSE RESTRICTIONS:
Subd. 1. General Restrictions. No license shall be issued under this section
except to a person of good moral character. No license shall be
issued to an applicant for the sale of tobacco at any place other than
applicant's established place of business. A separate license shall be
issued for the sale of tobacco at each fixed place of business, and no
license shall be issued for a movable place of business. No person
shall sell, offer for sale, give away, furnish or deliver any
tobacco-related product to any person under eighteen (18) years of
age. No person shall keep for sale, sell, or dispose of any tobacco
containing opium, morphine, jimson weed, bella donna, strychnia,
cocaine, marijuana, or any other deleterious or poisonous drug
except nicotine and other substances found naturally in tobacco or
lawfully added as part of the manufacturing process.
Subd. 2. Possession by Minors. No person under the age of 18 years shall
purchase, possess, or consume tobacco.
Subd. 13. Vending machines used to dispense tobacco products shall not
be located in an area which permits unrestricted access by a person
under the age of eighteen (18) years even though such area may be
under the supervision of the licensee or the licensee's agent or
employee. This restriction shall apply to vending machines located in
structures used for commercial, industrial, high-tech, office or public
purposes.
Subd. 24. Only one license is required for any or all vending machine(s)
located on the premises of the licensee.
Subd. 35. Every licensee is responsible for the conduct of its employees
while on the licensed premises and any sale or other disposition of
tobacco products by an employee to a person under eighteen (18)
years of age shall be considered an act of the licensee. (Ord. 553,
4-24-95)
512.04: PROHIBITED SALES: No person shall sell, offer for sale,
give away, furnish or deliver any tobacco-related product to any person
under eighteen (18) years of age. (Ord. 553, 4-24-95)
512.05. License fee; Term; Transfer. The fee for every license required by
the provisions of this section shall be set by resolution of the City Council.
The license is effective from January 1 to December 31st of each year.
Payment of the license fee is due on or before the close of business on
January 1st of each year. Licenses issued under the provisions of this
section shall not be transferable from one person to another.
512.06. Display of License. Every license issued under the provisions of
this section shall be kept conspicuously posted about the place for which the
license is issued and shall be exhibited to any authorized person upon
request.
512.057: PENALTIES:
Subd. 1. Any person selling or furnishing a tobacco-related product to any
person under eighteen (18) years of age shall be guilty of an
administrative offense and shall pay an administrative penalty of
twenty five dollars ($25.00).Licensees. If a person licensed under
this section or an employee of a person licensed under this section
violates any provision of this ordinance, the licensee shall be charged
an administrative penalty of $75.00. If a person licensed under this
section or an employee of a person licensed under this section
violates any provision of this ordinance twice at the same location
within 24 months of the initial violation, the licensee shall be charged
an administrative penalty of $200.00. If a person licensed under this
section or an employee of a person licensed under this section
violates any provision of this ordinance three times at the same
location within 24 months of the initial violation, the licensee shall be
charged an administrative penalty of $250.00, and the licensee's
license shall be suspended for seven days. No penalty under this
section 512.07, subd. (1) shall take effect until the licensee has
received notice, served personally or by mail, of the alleged violation,
and has had an opportunity for a hearing before the City Council. A
decision by the city council that a violation of this ordinance has
occurred shall be in writing. Judicial appeal shall be as provided for
by state law.
Subd. 2. Any licensee whose employee violates any provisions of this
Chapter is guilty of an administrative offense and shall pay an
administrative penalty of fifty dollars ($50.00). (Ord. 553,
4-24-95)Individuals. Any person who sells tobacco to a person under
the age of 18 years shall be charged an administrative penalty of
$50.00. This penalty shall be in addition to the penalty charged under
section 512.07, subd. (1). No penalty under this section 512.07,
subd. (2) shall take effect until the person against whom the penalty
will be charged has received notice, served personally or by mail, of
the alleged violation, and has had an opportunity for a hearing before
the City Council. A decision by the City Council that a violation of this
ordinance has occurred shall be in writing. Judicial appeal shall be
as provided for by state law.
Subd. 3. Defenses. It shall be an affirmative defense to a charge of selling
tobacco to a person under the age of 18 years in violation of this
ordinance that the licensee or individual making the sale relied in
good faith upon proof of age as described in Minnesota Statutes,
Section 340A.503, subdivision 6.
Subd. 4. Minors. Any person under the age of 18 years who purchases,
possesses, or consumes tobacco shall be __________[language to
be inserted after public hearing].
512.068: SUSPENSION OR REVOCATION: In addition to any other
penalty imposed under section 512.07, any license issued under this section
may be revoked by the City Council for a violation of any provision of this
Chapter if the licensee has been given a reasonable notice and an
opportunity to be heard.Any violation of any provision of this Chapter may be
cause for suspension or revocation. A second violation within twelve (12)
months shall result in a suspension of at least two (2) days. A third violation
within a twenty four (24) month's time frame shall result in a suspension of at
least five (5) days, A fourth violation within a twenty four (24) month's time
frame shall result in revocation of license for the balance of the year. (Ord.
553, 4-24-95)
512.079: HEARING AND NOTICE:
Subd. 1. Revocation or suspension of a license shall be preceded by a
hearing before the Police ChiefCity Council. A hearing notice shall be
given at least ten (10) days prior to the hearing including notice of the
time and place of the hearing and shall state the nature of the
charges against the licensee. Judicial appeal shall be as provided for
by state law.
Subd. 2. An aggrieved party may appeal the decision of the Police Chief
within ten (10) days of receiving notice of the City's action. The filing
of an appeal stays the action of the Police Chief in suspending or
revoking a license until the City Council makes a final decision. (Ord.
553, 4-24-95)
512.108: EXCEPTION: A person under eighteen (18) years of age who
purchases or attempts to purchase tobacco-related products while under the
direct supervision of a responsible adult for training, education, research or
enforcement purposes shall not be subject to the penalties imposed by
Section 512.05. (Ord. 553, 4-24-95)
SECTION 2.
This ordinance takes effect __days after its publication.
Read by the City Council of the City of Mounds View this ____ day of
________, 2001.
Read and passed by the City Council of the City of Mounds View this _____
day of _____________, 2001.
Richard Sonterre, Mayor
Kathleen F. Miller, City Administrator
APPROVED AS TO FORM:
Scott Riggs, City Attorney
Item No.12
Meeting Date: November 5, 2001
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant to the City Administrator
Item Title/Subject: Discussion Regarding the Proposed Building
Official Position
Date of Report: November 1, 2001
Background
In 1999 the City eliminated its Building Official position to begin contracting with
the Fire Department in an effort to save money. At that time, the City also held a
contract with the Fire Department for Fire Inspections services. The intent to
save dollars was quickly lost when the City experienced a dramatic increase in
the number of inspections performed. When the volume of building inspections
increased by more than 10%, the compensation provision of the contract was
renegotiated and the Fire Department was paid per hour for services rendered. In
1999 and 2000 the City spent $67,646 and $84,099 respectively for building
inspections services.
The only contract that staff was able to locate for Fire Inspections services was
from 1996, and the maximum compensation amount ($4,000 annually) was
quickly exceeded. In 1999 and 2000 the City spent $9,126 and $17,037
respectively on fire inspections services. For 2001, $21,000 was budgeted for
fire inspections services.
The City has spent approximately $48,000 for building and fire inspections in
2001 (through September).
FTE Proposal
As the Council is aware, at the October Work Session, a Human Resources
Committee meeting and at budget meetings, staff has proposed returning to a
full-time building inspections position in an effort to save money. This position
would be responsible for building inspections, fire inspections and fire fighting.
Exhibit A shows the potential savings to the City under the proposed scenario.
At the October Work Session, the Council asked staff to look into other options
for providing building inspections services to residents and businesses. Staff has
considered the following options: continuing on a contract basis with the fire
department, contracting with the state for building inspections services and
contracting with an independent third party for building inspections services. The
results are as follows:
Contracting with the Fire Department
The Fire Chief has submitted a proposal (see Exhibit B) to the City which is valid
for 60 days, or until December 8, 2001. Under the Fire Department’s proposal,
there are two possible scenarios. In Scenario 1 the City would pay 55% of
revenue ($125,000 for 2002) and in Scenario 2 the City would pay 75% of
revenue.
Contracting with the State
The state, according to one of the directors of the program, Scott McClelland,
indicated that the State of Minnesota is not in the business of providing
inspections and plan review services for communities as a matter of course.
They will step in during an emergency or for a specific project, but their intent is
not to become a city's building official. They are considering offering this service,
however, because some cities have expressed an interest but they do not
currently offer this service.
Contracting with an independent third party
Metro West Inspections has indicated that they would charge 40-50% of building
permit fees, 30% for permits over $1,000,000 and all plan review fees.
Conservatively, Metro West would charge the City $62,500 (based on $125,000
in revenue) leaving the City with a profit of $62,500.
Please note that Exhibit C (Financial Implication for Building Official Options)
shows a financial comparison of each of the options being considered. In
addition, the Council should be mindful that the numbers from Metro West are
preliminary and staff is uncertain as to what increases might be proposed after
the initial year of the contract.
2002 2003 2004
Revenue 125,000 125,000 125,000
FTE 62,000 64,300 67,000
Fire Dept (55%) 96,750 96,900 97,055
Fire Dept (75%) 121,750 121,900 122,055
Outside Contract 62,500 62,500 62,500
Recommendation
Provide staff with direction regarding whether (and what) the Council would like
presented.