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HomeMy WebLinkAboutAgenda Packets - 2000/10/23M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Agenda - City Council.doc CITY OF MOUNDS VIEW CITY COUNCIL AGENDA MONDAY, OCTOBER 23, 2000 1. CALL MEETING TO ORDER 2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. October 10, 2000 5. SPECIAL ORDER OF BUSINESS: 6. REPORTS 7. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Resolution to continue participation in the Metropolitan Council Livable Communities Act Program. D. Set Public Hearing for 7:05, November 27, 2000 to Consider Ordinance No. 673, Amending Chapter 906.04, Subd. 4, Entitled “Liability for Repairs” of the Municipal Code (Water Services) E. Set Public Hearing for 7:05, November 13, 2000 to Consider Approval of Mermaid Preliminary Plat. 8. UNFINISHED BUSINESS 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking, must give their full name and address for the minutes. Please limit your comments to three minutes. 10. COUNCIL BUSINESS A. Consideration and First Reading of Ordinance No. 673, Amending Chapter 906.04, Subd. 4, “Liability for Repairs”of the Municipal Code (Water Services) B. Consideration of Revised 2000 Affirmative Action Plan - Givonna Reed C. Discussion of Cable Franchise Applications – Givonna Reed M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Agenda - City Council.doc Mounds View City Council October 23, 2000 Page –2- 11. Next Council Work Session: Wednesday, November 8, 2000 Next Council Meeting: Monday, November 13, 2000 12. ADJOURNMENT PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting October 10, 2000 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:03 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Stigney, Thomason, and Quick. NOT PRESENT: None. 3. APPROVAL OF AGENDA A. Tuesday, October 10, City Council Agenda. Mayor Coughlin asked the Council if anyone would like to add items to the agenda. No additions or corrections were noted. MOTION/SECOND: Marty/Quick. To accept the October 10, 2000, City Council Agenda as presented, dispensing with the reading of all ordinances and resolutions unless otherwise requested. Ayes – 5 Nays – 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, September 25, 2000, City Council Minutes. Council Member Stigney noted he had one revision but had forgotten it at home. There were no further changes. MOTION/SECOND: Marty/Stigney. To accept the Monday, September 25, 2000, City Council minutes as presented allowing Council Member Stigney to make his correction at a later date. Ayes – 5 Nays - 0 Motion carried. Mounds View City Council October 10, 2000 Special Meeting Page 2 6. REPORTS Council Member Stigney reported he attended the meeting between Rice Creek Watershed officials and residents regarding the Greenfield ponding project. Mr. Stigney noted there were several concerns raised by residents at the meeting. Some of the major issues raised were questions regarding use of the pond once the pond is in place. There will always be a pond and there could possibly be a park use for the pond. There may be trees taken out to put in the pond. Residents questioned if a pond is the best use and value of the land. Residents questioned what the City gets out of putting in the pond other than having a pond in that location. He indicated there was a lot of opposition to the ponding project and a lot of concern raised by the residents at the meeting. Mayor Coughlin noted City Administrator Miller had attended the meeting and inquired as to whether she had anything to report. City Administrator Miller reported she was pleased to see representatives from the Rice Creek Watershed District seemed receptive to working with the residents regarding the concerns raised. Rice Creek Watershed District expressed a willingness to change the location of the pond to allow the trees to remain as a noise barrier. The size of the pond was also changed from 12 acres to 6 acres. Aside from the one resident who did not want a pond under any circumstances everyone else at the meeting seemed open and willing to negotiate to reach a compromise that was good for the City and worked for the residents. Mayor Coughlin expressed his appreciation and thanks to the Mounds View and New Brighton Police Departments and Irondale High School for their presentation of a mock crash last week. He noted he was pleased the mock crash coincided with homecoming week and said he hoped it made the point that underage drinking and driving can have serious consequences. City Administrator Miller suggested the Council reschedule the November 6, 2000 Work Session to November 8, 2000 as the Council would need to meet on November 8, 2000 to certify election results. MOTION/SECOND: Quick/Marty. To change the regularly scheduled Work Session on Monday, November 6, 2000 at 6:00 p.m. to Wednesday, November 8, 2000 at 6:00 p.m. Ayes – 5 Nays – 0 Motion carried. City Administrator Miller noted she would like authorization to contact an outside financial agency to look at the numbers provided to the City for the expansion of the golf course. MOTION/SECOND: Marty/Quick. To authorize Staff to contact an outside financial agency to review the numbers provided to the City for expansion of the golf course. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council October 10, 2000 Special Meeting Page 3 City Attorney Long reported if the proposal on the ballot to change the term of mayor from two years to four years passes it does not apply to whomever wins the election this time. The winner of the election this year will be elected to a two-year term and the winner of the next mayoral election will be seated for four years. City Attorney Long reported the City Charter has specific provisions as to how special elections to fill vacancies are to be run. However, state law has changed and supersedes the Charter. The Charter indicates the person with the third highest vote count would win the seat. There is a new uniform election law requiring candidates be listed and elected separately. This may require some housekeeping to the Charter to bring it in line with the new law. City Attorney Long reported on the status of the billboards at the golf course. There is a legal question involving whether, based on the fact the city owns the golf course, it is appropriate for the City to lease billboard space. He noted the matter is going to be heard before an administrative law judge in the near future. Legal Staff is recommending the City intervene in the process now before a hearing on the matter is set. Intervening as a party would allow the City to be heard and to explain their position. Legal Staff estimates legal fees to intervene at approximately $2,000 to $4,000. MOTION/SECOND: Quick/Marty. To direct legal Staff to intervene as a party on behalf of the City in the administrative hearing on the billboard issue. Ayes – 5 Nays – 0 Motion carried. Council Member Marty stated his agreement with City Attorney Long noting if the City waited to intervene there would be a petitioning process that would be more costly for the City. He then inquired as to which City official should attend the hearing. City Attorney Long indicated he would like to wait to see what happens with the hearing and make a decision as to whom would be the best City Staff member to attend. Council Member Marty inquired if the City would be limited in the number of representatives they were allowed to send to the hearing. City Attorney Long indicated the City could use as many people as the City feels is in its best interest. He noted he believes the zoning issue is the key legal issue and said he would probably need Community Development Director Jopke to explain the City’s plan for zoning. Assistant to the City Administrator Reed reported when she circulated a memo last week regarding the resident who had expressed an interest in serving on the Airport Advisory Commission she was unaware that a representative had been appointed to that committee. She has since spoken to the representative who expressed a desire to have an alternate appointed in order to have more representation at the meeting. Mounds View City Council October 10, 2000 Special Meeting Page 4 Assistant to the City Administrator Reed noted she had placed information on the ballot questions into Council Member’s mailboxes. She noted City Administrator Miller and she had drafted some information to hand out to residents explaining the ballot questions. She requested direction from Council on those materials. Mayor Coughlin noted there were two residents who applied for the opening on the Planning and Zoning Commission. After meeting with both residents Mayor Coughlin noted he felt both parties were equally qualified and so he had Planning Associate Ericson randomly pick from the two applications. The person selected to fill the vacancy is Travis L. Serney of 5057 Sunnyside Road. MOTION/SECOND: Marty/Thomason. To accept Mayor Coughlin’s recommendation to appoint Travis L. Serney to the unexpired term on the Planning and Zoning Commission. Council Member Stigney noted the selected individual had lived in the City for four years and inquired as to how long the other applicant had lived in the City. Mayor Coughlin stated he had the application in his office but to his recollection it was somewhat longer. Council Member Marty inquired as to whether the Planning Associate and the Mayor had determined the qualifications of the applicants. Mayor Coughlin noted he had determined on his own both applicants were equally qualified and had Planning Associate Ericson “draw lots” to determine who would fill the vacancy. Mayor Coughlin made a friendly amendment to the motion asking Staff to assign a resolution number to this matter. Ayes – 5 Nays – 0 Motion carried. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Award of Playground Equipment and Funding D. Year 2001 SCORE Funding Grant Application Mayor Coughlin asked the Council if anyone would like to remove items for discussion. MOTION/SECOND: Thomason/Marty. To Approve the Consent Agenda for Items A, B, C, and D as presented. Mounds View City Council October 10, 2000 Special Meeting Page 5 Ayes – 5 Nays – 0 Motion carried. 8. UNFINISHED BUSINESS None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR There was no resident input. 10. COUNCIL BUSINESS A. Public Hearing, Discussion and Consideration of Resolution 5476, a Resolution Regarding the Development Stage of the Proposed Mermaid PUD Mayor Coughlin opened the Public Hearing at 7:25 p.m. There was no public input. Planning Associate Ericson explained to Council Dan Hall is seeking City approval of development stage plans for the proposed Planned Unit Development which contemplates a 70- room hotel and a 500-seat banquet center to be attached to and integrated with the existing complex. He advised that on September 6, 2000, the Planning Commission reviewed and recommended approval of a set of development stage plans date-stamped August 10, 2000. Prior to City Council review, however, the plans were amended to such a degree that reapproval by the Planning Commission was deemed necessary. The Planning Commission reviewed the revised plans and on October 4, 2000, approved Resolution 637-00 which recommends approval of the Mermaid’s development stage plans. Planning Associate Ericson noted, as mentioned at the Work Session meeting on October 2, 2000, there are a number of changes contemplated by the revised development stage plans. The most noticeable change is that the hotel has been scaled back to three stories and 70 rooms from the initial four-story, 96-room plan and that the Perkins site is no longer a component of the Mermaid expansion. It has been proposed that the restaurant building will be converted to an office use. The water park, which was a separate building located in the hotel courtyard, is now shown to be attached to the east wing of the hotel, replaced with parking in the courtyard area. The total area of the revised PUD is approximately 9.36 acres, which includes the three existing Mermaid Parcels, the Rent-All parcel, Music Off 10 and the dry holding pond associated with the business park development. The minimum requirement for a commercial PUD is 5 acres. The existing business park access drive from County Road H would be shifted to the west to maximize the contiguous parking area for the proposed development. Mounds View City Council October 10, 2000 Special Meeting Page 6 Planning Associate Ericson stated the City Council has been provided with a set of plans date- stamped September 28, 2000, for the proposed expansion. The plans include a preliminary site plan, a preliminary utility plan, a preliminary grading plan, a preliminary landscape plan, an existing conditions plan, an overall floor plan, exterior elevations, an enlarged banquet floor plan, hotel floor plans, and a revised photometric analysis of the site. Planning Associate Ericson noted the site plan indicates the proposed and anticipated configuration of the development. As shown on this plan, a total of 828 parking stalls would be required with the addition of the hotel and the banquet center. The plans indicate that a total of 832 spaces can be provided on the site, but only if the parking lot setbacks are reduced from the B-3 zoning district-required 30 feet to five feet along Highway 10 and County Road H. Such a reduction in the setback requirement is allowed via the PUD process, which explicitly states that a purpose and intent of the PUD is to allow for variation from the provisions of the Zoning Code, including setbacks, parking, height, lot area, etc. Planning Associate Ericson explained that because of the number of complimentary uses, Staff and the Planning Commission believe that 828 stalls may be more parking than what is necessary. For this reason, Staff and the Planning Commission would suggest that the minimum parking required for this site, according to the specifications and area indicated on the plans date- stamped September 28, 2000, be reduced from 828 to 808. This will be addressed within the PUD Document. Planning Associate Ericson explained the setback of the parking lot can be reduced via the PUD process. Approaching this in the strictest sense, if the setbacks requirements were to be enforced without deviation, as many as 175 parking stalls would be lost. The net effect of such a loss would mean either the banquet center would be reduced in size and capacity by 50 percent or more, or the hotel would need to be completely eliminated. Neither scenario would be feasible based upon the already submitted cost and earnings projections. This setback configuration met with the approval of both the Planning Commission and City Council at the concept stage of this development. Planning Associate Ericson explained the building setbacks are different from point to point, but generally speaking, the bowling area would remain unchanged at a minimum setback of 60 feet, the dining and bar area would be more than 200 feet, the hotel addition would be a minimum of 100 feet, while the banquet center would be setback 50 feet. All of these setbacks satisfy the current B-3 zoning requirements. Planning Associate Ericson noted the proposed hotel expansion would be professionally designed to be aesthetically pleasing and would tie in to the existing facility. The hotel addition would be constructed of prefabricated concrete walls and would be finished with maintenance-free siding accentuated with sections of Exterior Finish Insulation System (EFIS). A materials board has been submitted and will be available for viewing at the meeting. Other than the relocated main entrance and the painting of the existing exterior walls to match the new additions, no other changes to the existing building are planned. Mounds View City Council October 10, 2000 Special Meeting Page 7 Planning Associate Ericson explained the applicant plans to retain the multi-colored electronic sign along Highway 10 and proposes three directional signs along County Road H. The additional signage is indicated to be of a monument design, which should be encouraged over a pylon type of sign. Refer to Figure 1 for an example of the proposed directional monument signage. Planning Associate Ericson advised the applicant has indicated that the corner of the property adjacent to Highway 10 and County Road H would be reserved for the City to install a gateway entry sign. The site plans have been revised to indicate this easement area. A separate easement document will need to be executed by Mr. Hall and recorded with Ramsey County to make it official. He then reviewed the proposed site signage area and amount of signage allowed under the B-3 zoning provisions. Staff recommends that the total amount of signage on the property, including the existing pedestal sign, be limited to 850 square feet. The applicant has agreed to this request. Planning Associate Ericson reviewed the landscape plan submitted with the site plans indicating conceptual plantings of trees in the parking lot islands and along the front of the building facing Highway 10. The plan indicates the planting of 25 deciduous trees and 4 coniferous trees with additional unnamed plantings in the courtyard area. Staff will seek input from the City Forester as to appropriate species from those listed and for any other suggestions to improve the landscape plan. He noted that to comply with the proposed Comprehensive Plan and the Mounds View Trails and Sidewalk Plan, the applicant shall be responsible for installing a bituminous trailway along its Highway 10 property frontage. As with the discussion concerning Walgreens, Dan Soler with Ramsey County has verbally indicated that the trailway could be located within the Highway 10 right of way as close to the Mermaid property as possible. The site plan shows the trailway extending north beyond the project area in front of the Perkins site. While Perkins is no longer part of the PUD, Staff would recommend that the trailway and lighting remain as shown on the plan. Planning Associate Ericson reviewed the photometric analysis which had been submitted in conjunction with the development stage plans. The applicant intends to utilize the existing parking lot lighting where possible with the addition of new light fixtures at the southern end of the building. No specifications were provided for the proposed new lighting. The site plan does indicate the location of six decorative lights along the Highway 10 trailway. Because the City is working with NSP to install these lights, the applicant will need to submit a payment directly to the City to cover the cost of installation. Such amount would then be deducted form any required letter of credit or cash surety involved with the financial guarantee of the public improvements. Planning Associate Ericson noted the proposed site plan indicates two Highway 10 accesses and two County Road H accesses. While this would not represent a change from the existing configuration, the two accesses serving the Rent-All property would be eliminated. No new accesses, other than the relocated access to the business park, are contemplated with this proposal. The northern Highway 10 access is actually located on the Perkins property, although there is a joint use agreement filed regarding the access. He advised that Staff and the City’s engineer have been working closely with the applicant and Rice Creek Watershed District to Mounds View City Council October 10, 2000 Special Meeting Page 8 create a regional stormwater holding pond that would be located partly on the Metro Waste Control property and partly on Edgewood Middle School property. While the final drainage plans and use agreements are still being drafted, all indications are that all parties--including Rice Creek Watershed District--will approve the stormwater project. Staff recommends Council review and discuss the revised development stage plans and consider action on Resolution 5476, a resolution approving the development stage plans for the proposed Mermaid PUD subject to the following stipulations: 1. The lighting plan shall be revised to show the light fixture specifications and light standard heights to be used for the new exterior building and parking lot illumination. 2. The total building, monument and pedestal signage to be used on the development shall be limited to 850 square feet. 3. The applicant shall execute a sign easement document which dedicates to the City the area to be used for a gateway sign at the corner of Highway 10 and County Road H. 4. As required by the Planned Unit Development section of the City Code, the applicant shall execute a development agreement pertaining to the Mermaid PUD, which will serve as the guiding and controlling document for this development. 5. The landscape plan shall be further revised to show the specific types and numbers of plantings to be used within this development and shall be approved by the City Forester. Mayor Coughlin closed the Public Hearing at 7:33 p.m. Council Member Marty commended the applicant and thanked him for his offer to extend the trailway across the Perkins site. He then asked Planning Associate Ericson if the issue of the easement for the gateway sign had been resolved. Planning Associate Ericson indicated there was an error at the County but the document has now been located and there is not a problem with the easement. Council Member Stigney indicated at some point during prior discussions on this project, security at the Mermaid was discussed. He inquired as to whether the applicant would be agreeable to adding a sentence to the PUD document such as “to incorporate such security measures as to ensure the safety of patrons and to minimize the risk of damage to vehicles and theft of property.” The applicant, Mr. Hall, indicated he will do everything he can to ensure the safety of his customers. He also noted he is under strict security guidelines from his insurance carrier and his contract with AmericInn. He then noted he was not sure if putting something in writing would be appropriate. Mounds View City Council October 10, 2000 Special Meeting Page 9 Council Member Stigney acknowledged the security measures in place for the AmericInn and indicated he was concerned with security for the rest of the Mermaid development. He then said to his recollection at one point in time the applicant had said he would be willing to specifically address security issues as part of the process. Mr. Hall indicated he did not understand specifically what Council Member Stigney wanted in writing. Council Member Stigney explained the sentence would be incorporated as part of the plan. Robert Hajek, the attorney representing the applicant, stated he did not believe it would be appropriate to add a stipulation for security as a condition of the PUD as it is very subjective and impossible to determine whether he would be in compliance. He reiterated Mr. Hall will be under strict security guidelines from his insurance carrier and the contract with AmericInn. Council Member Stigney indicated this is a Planned Unit Development and said he believed the City would be remiss if they did not address security issues. He then asked City Attorney Long if it would be appropriate to add language governing security. City Attorney Long indicated it would be more appropriate to add language requiring something tangible in regard to security such as lighting requirements or fencing requirements. He indicated it would be difficult to put a sentence such as Council Member Stigney read because there is nothing tangible that can be used to prove whether they were in compliance or not. He then noted it would be easier to draft specific criteria. Council Member Stigney suggested security cameras be added. Council Member Marty noted the Council had talked about this issue previously and he believes the applicant has shown the City that security issues will be handled appropriately. He also indicated AmericInn would not put a hotel in if they felt there was any type of security issue. He also noted the plan for the hotel specified there would be security cameras. The attorney for the applicant indicated the Mermaid has security cameras in place now for their own protection. Council Member Marty indicated AmericInn has more stringent security requirements than the Mermaid has in place now and the applicant will have to comply with those requirements. The attorney for the applicant indicated the hotel is concerned because the hotel is located next to a mixed use facility and the hotel does not want guests to be disturbed by activities that would reflect negatively upon the AmericInn chain. He indicated as a practical matter the security requirements for the AmericInn will be much more stringent than the City would have imposed upon the applicant. Mounds View City Council October 10, 2000 Special Meeting Page 10 Council Member Stigney inquired as to whether there were external security cameras in place in the parking lots now. He noted he would like the cameras to be added to the PUD process as there have been a lot of break-ins at the Mermaid as well as at the theater development. He noted if this area is going to be expanded and more people drawn into the area then the City should look at ways to protect those patrons and minimize the risk. The attorney for the applicant indicated security cameras add a lot of possible liability and expense because if they malfunction the Mermaid may be responsible because they were installed but not working properly. They may not work in inclement weather and the picture quality may not be what is needed to make the tape useful. He also noted there is a huge expense in managing and storing the tapes. He indicated they are deferring to AmericInn and AmericInn has not determined security cameras in the parking lot are necessary. Council Member Stigney inquired of City Attorney Long if it would be appropriate to require specific security measures to minimize cost to the City as far as policing that area. City Attorney Long indicated as a strictly legal matter it is possible to negotiate language requiring lighting and cameras but the language would need to be agreed to by the applicant. Council Member Stigney inquired if Staff could discuss the matter with the applicant. Community Development Director Jopke indicated he had seen a requirement added to the PUD document in another City he had worked in requiring a security plan be approved by the Chief of Police. City Attorney Long noted that would be a tangible requirement and procedurally something like that could be added rather than getting into the specifics of what the plan would require. MOTION/SECOND: Stigney. To direct Staff to look into alternatives for security and determine if they would be agreeable to the Applicant. Mayor Coughlin asked Council Member Stigney to temporarily withdraw his motion because there was not a motion on the table to consider the entire resolution and indicated Council Member Stigney’s motion could be added as an amendment to a motion to approve the resolution. Council Member Stigney withdrew his motion. Council Member Marty indicated it was his preference to amend the motion to require that Staff check with the Chief of Police and if crime levels increase in the development the issue of security could be readdressed at that time. If there is no significant increase in crime then the issue would not need to be readdressed. Mounds View City Council October 10, 2000 Special Meeting Page 11 MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 5476 with the stipulation that Staff draft a security plan to be approved by the Developer and the Chief of Police as part of the PUD process. Council Member Quick restated the motion as a motion to approve Resolution 5476 and if there are significant increases in crime levels the Chief of Police will review the matter and make a recommendation to Council. Council Member Stigney indicated that was not his motion. Council Member Marty withdrew his second. Mayor Coughlin clarified the motion to be a motion to waive the reading and approve Resolution 5476, a resolution regarding the development stage of the proposed Mermaid PUD with the stipulation that a security plan be drafted by Staff and approved by the developer, and the Chief of Police as part of the PUD Process. MOTION/SECOND. Stigney/Coughlin. To Waive the Reading and Adopt Resolution 5476, a Resolution Regarding the Development Stage of the Proposed Mermaid PUD with the stipulation that a security plan be drafted by Staff and approved by the Developer, and the Chief of Police as part of the PUD process. Council Member Marty indicated he feels this does not need to be addressed unless there is a significant change in crime levels in the development. Council Member Stigney indicated his motion with the amendment is to direct Staff to look at a plan, discuss it with the developer and get the approval of the Chief of Police. If the Chief of Police is comfortable with the security plan, then he would be comfortable also. Mayor Coughlin noted the motion needed to be further clarified to direct that Staff and the Police Chief look at the security plan and express their level of comfort with that plan. Mayor Coughlin noted he had received a few comments since the last Work Session regarding the plans for the mermaid statue. He then asked the applicant if there was a plan to retool the mermaid statue to make it more in keeping with modern sensibilities. Council Member Marty indicated he had gotten comments also but said they were predominantly in support of keeping the Mermaid as it is a landmark for the City. Mr. Hall, the applicant, indicated there are numerous things that could be done to the statue to modernize it and make it more politically correct. He noted, however, funds are tight on the project and said he intends to paint the statue at this point and sometime in the future redo it. Mayor Coughlin requested when the statue is painted that something be added to the statue to make it more modest. Mounds View City Council October 10, 2000 Special Meeting Page 12 Planning Associate Ericson noted the resolution also approves of a rezoning of the associated properties from B-3 to PUD and directs Staff to prepare an ordinance to effectuate such a rezoning and to set a public hearing for such action. Ayes – 5 Nays – 0 Motion carried. B. Discussion and Consideration of Resolution 5458, a Resolution Approving the Mounds View City Hall Addition Final Plat Planning Associate Ericson noted Mike Kelcher, representing TOLD Development Company, is present and has submitted a revised and corrected final plat date-stamped October 4, 2000, for the proposed Mounds View City Hall Addition major subdivision. The plat encompasses the entirety of the City Hall campus, the Public Works buildings, the Community Center, the remnant parcel created by the realignment of Edgewood Drive, and the Midland Videen open space. The plat creates two buildable lots, one of which would be utilized for a Walgreens and the other for a restaurant use, as allowed by the approved Planned Unit Development (PUD). The plat also creates an outlot, which will be transferred to the City, and creates a lot for the Community Center and for the entire City Hall campus. Planning Associate Ericson noted that on August 14, 2000, the City Council approved Resolution 5454, which approved the preliminary plat of the Mounds View City Hall Addition. The resolution required that the plat be revised to show (1) a drainage and utility easement around the relocated and enlarged stormwater pond, (2) a five-foot drainage and utility easement around the outer-perimeter of proposed Lots 2 and 3, Block 2, and (3) notations pertaining to the vacation of the old Edgewood Drive. These changes have been made and a copy of the final plat has been forwarded to the City Attorney for review, who finds it consistent with the preliminary plat, the City Code and Minnesota platting requirements. Planning Associate Ericson explained the resolution approving the final plat is subject to County approval and stipulates that before City signatures are placed upon the final plat, the developer shall have paid the $44,529 park dedication fee. Staff recommends Council approve Resolution 5458, a resolution approving the final plat for the Mounds View City Hall Addition major subdivision, with stipulations as noted. MOTION/SECOND: Quick/Thomason. To Waive the Reading and Approve Resolution 5458, a Resolution Approving the Mounds View City Hall Addition Final Plat with the stipulations noted. Ayes – 5 Nays – 0 Motion carried. Council Member Stigney inquired as to the status of the spacing of lights for the development and asked if additional lights will be required. Mounds View City Council October 10, 2000 Special Meeting Page 13 Planning Associate Ericson indicated it had not yet been determined. He then said the City had required one light for every 200 feet which was thought to be the correct spacing. The City has since been told by NSP the proper spacing for the type of light which was used is one light for every 125 feet which would indicate the need for four more lights. This issue is an agenda item at the Economic Development Authority meeting later this evening. Council Member Stigney inquired as to whether the number of lights required by the developer had been resolved. Planning Associate Ericson indicated the developer has installed the number of lights required by the PUD document. Ayes – 5 Nays – 0 Motion carried. C. Second Reading and Adoption of Ordinance 670, an Ordinance Implementing a Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations within the City of Mounds View. Finance Director Kessel explained both Ordinance 670 and Ordinance 671 relate to franchise fees. The 2000 budget and ordinance covers the franchise fee which is a one-year sunset provision that will expire December 31, 2000. There is a 60-day time period for NSP and Minnegasco to be notified and there is also a 30-day notification before the ordinances take effect. In 2000 two and a half percent of the four percent is going into the general fund and one and a half percent is going into the street fund. The 2001 budget designates two percent to go into the general fund and two percent to go into the street fund. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Ordinance 670, an Ordinance Implementing a Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations within the City of Mounds View. ROLL CALL VOTE: Quick, Marty, Stigney, Thomason, Coughlin. Ayes – 5 Nays – 0 Motion carried. D. Second Reading and Adoption of Ordinance 671, an Ordinance Implementing a Franchise Fee on Northern States Power Company Electric and Natural Gas Operations within the City of Mounds View Mounds View City Council October 10, 2000 Special Meeting Page 14 MOTION/SECOND: Marty/Thomason. To Waive the Reading and Approve Ordinance 671, an Ordinance Implementing a Franchise Fee on Northern States Power Company Electric and Natural Gas Operations within the City of Mounds View. Council Member Stigney noted the official name of NSP has been changed to Excel and inquired as to whether the document should be changed to Excel in the ordinance. Mayor C oughlin made a friendly amendment to the motion to change NSP to Excel. ROLL CALL VOTE: Quick, Marty, Stigney, Thomason, Coughlin. Ayes – 5 Nays – 0 Motion carried. 11. Next Council Work Session: Wednesday, November 8, 2000 – 6:00 P.M. Next Council Meeting: Monday, October 23, 2000 – 7:00 P.M. 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 8:01 p.m. Transcribed and recorded by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc. Item No. 7B Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Barb Benesch Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Meeting Date: October 23, 2000 Please consider the following contractor licenses for approval. The licenses listed will expire on December 31, 2000. All applicants have submitted appropriate fees and proof of insurance. Licenses are noted with a “New” or “Renewal” after the company name. Those licenses defined as “new” include all applicants that have never been licensed with the City or have not been licensed within the past two years. Those defined as “renewal” were licensed in the last half of 1999. HVAC Advantage Air, Inc. - New Changing Climates, Inc. – New SIGN Sign-A-Rama - New Staff Recommendation: Approve license applications as requested. Item No. 7C Staff Report No. Meeting Date: December 13, 1999 Type of Business: CA 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: Rick Jopke, Community Development Director Title/Subject: Resolution Electing to Continue in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act Date of Report: October 12, 2000 BACKGROUND Mounds View has participated in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act since 1997. Each year each metropolitan community must decide whether or not to continue in the program. Each community must annually pass a resolution in support of the program. Each city must also demonstrate that they have spent on affordable housing initiatives an amount equal to or greater than the Affordable and Life Cycle Housing Amount (ALHOA) calculated by the Metropolitan Council each year. If a City does not spend an amount equal to ALHOA it must submit that amount to the Metropolitan Council or a local housing authority. Mounds View’s ALHOA is $0 because we meet Metropolitan Council benchmarks for affordable housing. Participation in the program allows the City access to funding accounts set up by the Metropolitan Council. These include the Tax Base Revitalization Account, Livable Communities Demonstration Program, the Local Housing Incentives Account and Local Planning Assistance Grants and Loans. Mounds View and the North Metro 35W Coalition have received grants through participation in this program. Attached is Resolution No. 5481 supporting the Livable Communities Act and stating that the City of Mounds View will continue to participate in the program. RECOMMENDATION Staff recommends that the City Council approve Resolution No. 5481 supporting the Livable Communities Act and stating that the City of Mounds View will continue to participate in the program. _____________________________________ Rick Jopke, Community Development Director N:\DATA\GROUPS\COMDEV\CITYCOUN\CC-REP\102300 LCA report.doc RESOLUTION NO. 5481 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CONTINUING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2001 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Funds or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, Mounds View has identified to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council has adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for Mounds View; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 or each year (extended to December 31); and NOW, THEREFORE, BE IT RESOLVED THAT the City of Mounds View hereby elects to continue to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2001. Dated this 23rd day of October, 2000. ATTEST: ____________________________________ Dan Coughlin, Mayor (SEAL) ____________________________________ Kathleen Miller, City Clerk/Administrator N:\DATA\USERS\Rickj\SHARE\LCARES2001.RES.doc SJR-187977v1 MU125-14 1 ORDINANCE NO. ____ CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900, CHAPTER 906 OF THE MOUNDS VIEW MUNICIPAL CODE BY AMENDING SECTION 906.04, SUBD. 4 AS TO WATER METERS AND THE RESPONSIBILITY OF REPAIRS FOR WATER SERVICE LINES THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Section 906.04, Subd. 4 of the Mounds View Municipal Code relating to water meters and the responsibility of repairs for water service lines is hereby amended by the addition of the bold and underlined language and deletion of the bold and stricken language as follows: Subd. 4. Liability for Repairs: After the initial connection has been made to the watermain, the applicant or the occupant or other user of such premises shall be liable for City shall perform, in its sole discretion and subject to the receipt of permission and a right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, all leak-associated repairs between the water main and the structure located on the premise. It shall be in the sole discretion of the City to repair or replace the leaking water service line. The City shall, in its sole discretion and subject to the receipt of permission and a right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, also assume responsibility for the repair or replacement of any broken, leaking or malfunctioning curb stop boxes. This policy permitting City repair between the watermain and structure located on the premises shall be funded by an additional utility fee and the establishment of a separate service repair account for each premises. The City Council shall establish and adopt this utility fee by resolution annually. This service shall be provided to all single family, duplexes, fourplexes and townhouses. Large apartment complexes and commercial properties are not included in this policy. For any repairs performed by the City, the City shall not be responsible for the restoration of the excavation site, including, but not limited to seeding or placement of sod, trees, shrubs, flowers, underground irrigation or any other improvements not specifically mentioned herein which may be disturbed, destroyed or removed during the repair or replacement of the water service. The Municipality shall provide, in its sole discretion, only the initial repair or replacement of any impervious surface, should it be necessary in the performance of the repair of a leak or break of the property's service. Responsibility for mMaintenance and protection of the curb stop box shall be that of the applicant, owner or occupant or other user of the premises, and it shall be the responsibility of said party to maintain the curb stop box at such height as will ensure that it will remain above the finished grade of the land or property. Nothing herein will prevent SJR-187977v1 MU125-14 2 the Municipality from recovering the cost of repairs from the applicant, owner or other occupant or other user of such premises or any other party in the event it can be established that said parties were the cause of the damages requiring the repairs. SECTION 2. This ordinance is effective 30 days after its publication. Read by the City Council of the City of Mounds View on this 23rd day of October, 2000. Read and passed by the City Council of the City of Mounds View this _____ day of November, 2000. _____________________________________ ATTEST: Dan Coughlin, Mayor (SEAL) _____________________________________ Kathleen Miller, Clerk-Administrator APPROVED AS TO FORM: _________________________ City Attorney Item No. 10B Type of Business: CB 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: Consideration of Revised 2000 Affirmative Action Plan Date of Report: October 23, 2000 At its September 11, 2000 meeting the City Council approved the City’s Affirmative Action plan for submission to the Minnesota Department of Human Rights. The Department of Human Rights has reviewed our plan and recommended changes. Although most of the changes suggested were very minor, the Department did recommend that the City complete a Weighted Small Company Availability Analysis rather than the regular Small Company Availability Analysis that was submitted in September. You will recall that the regular Small Company Availability Analysis indicated that the City is underutilizing women by 13 and people of color by three. The State expressed serious reluctance to certify an organization as small as ours that was underutilizing women to such a high degree. In an effort to more accurately reflect our underutilization of women and people of color I conducted a Weighted Small Company Availability Analysis which calculates the number of women and people of color the City should employ given the size of each of our job groups and availability for each job group. The Weighted Small Company Availability Analysis (p.18) shows that the City is underutilizing women by six and people of color by one. I recommend that the City Council review the Weighted Small Company Availability Analysis and approve the revised Affirmative Action Plan for submission to the Minnesota Department of Human Rights for certification. Respectfully Submitted, ___________________________ Givonna Reed Assistant to the City Administrator CITY OF MOUNDS VIEW AFFIRMATIVE ACTION PLAN October 23, 2000 TABLE OF CONTENTS Project Description 4 Equal Employment Opportunity Policy Statement 4 Assignment of Responsibility for Affirmative Action Program 6 Dissemination of Affirmative Action Policy and Plan 7 1. Internal Dissemination 2. External Dissemination Organization Chart 9 Workforce, Availability & Utilization/Underutilization Analyses 10 1. Workforce Analysis 2. Availability Analysis Goals, Objectives and Timetables for Corrective Action 19 1. Recruitment Sources 2. Applicant Flow Data 3. Training 4. Promotions 5. Merit Increases 6. Disciplinary Actions, Demotions and Terminations Problem Areas/Deficiency Identification and Analysis 20 Measures to Facilitate Implementation 20 1. Position Description 2. Recruitment 3. City Personnel Policies 4. Selection and Hiring 5. Evaluation of Job Performance 6. Compensation 7. Disciplinary Procedures 8. Training 9. Documentation of “Good Faith” Efforts to Reach Affirmative Action Goals 10. Complaint Procedure Internal Audit and Reporting Systems 23 Table of Contents…cont. Affirmative Action Plan for Individuals with Disabilities 24 1. Disabled Individual Affirmative Action Clause 2. Schedule for Review 3. Pre-Employment Medical Exams 4. Accommodations to Physical and Mental Limitations of Employees 5. Compensation 6. Outreach, Positive Recruitment, and External Dissemination of Policy 7. Internal Dissemination of Policy 8. Responsibility for Implementation 9. Development and Execution of Affirmative Action Programs. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 4 PROJECT DESCRIPTION Relationship of the City of Mounds View to the State of Minnesota The City of Mounds View was incorporated as a Village in 1958 under the provisions of Minnesota State Statutes. In 1979, the residents of Mounds View approved the adoption of a Home Rule Charter and on January 1, 1980 the City became a Home Rule Charter City. As a city in the State of Minnesota, Mounds View acts as an agent of the State in the enforcement of statewide standards and policies as defined in rule and statute. The City is also responsible for complying with and enforcing all rules and regulations promulgated by State agencies which have been made applicable to cities by statute. The City of Mounds View annually receives funds from a variety of State sources including, but not limited to, Local Government Aid, Emergency Management, Police, Training, Municipal State Aid, Police State Aid, and Fire State Aid. Occasionally grant funding is received from Ramsey County, the Metropolitan Council and the State to carry out specific programs authorized by City Charter or State Statute. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT (Title VII, Minnesota Statutes, Chapter 363) The City of Mounds View provides equal opportunities to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity and Affirmative Action laws, directives and regulations of federal, state and local governing bodies or agencies thereof, specifically Minnesota Statutes, Chapter 363. The City of Mounds View will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, natural origin, sex, disability, marital status, status with regard to public assistance, membership or activity in a local commission, sexual orientation, or age as defined in Minnesota Statutes §363.01. The City will take affirmative action to ensure that all employment practices are free of such discrimination. Employment practices include, but are not limited to, hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The City of Mounds View uses its best efforts to afford minority and female business enterprises with the maximum practicable opportunity to participate in the performance of subcontracts for construction projects that are engaged by the City. The City is committed to achieving the goals of Equal Employment Opportunity and Affirmative M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 5 Action and fully supports the incorporation of non-discrimination and Affirmative Action Rules and regulations in contracts. EEO/AA Procedures: Compliance with Affirmative Action and Equal Opportunity Laws: The City of Mounds View will review its involvement in achieving Affirmative Action objectives as well as other established criteria. Any employee of the City who does not comply with the Equal Employment Opportunities Policies and Procedures as set forth will be subject to disciplinary action. Any subcontractor to the City not complying with all applicable Equal Opportunity/Affirmative Action laws, directives and regulations of the Federal, State and Local governing bodies or agencies thereof, specifically Minnesota Statutes §363 will be encouraged to come into compliance or risk the loss of future contracts. The City of Mounds View appoints its City Clerk-Administrator, Kathleen Miller, to manage the Equal Employment Opportunity Program. She will designate personnel to complete responsibilities including monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this Affirmative Action Program, as required by Federal, State and local agencies. The Mounds View City Council will receive and review reports on the progress of the program. If any employee or applicant for employment believes she/he has been discriminated against, they should contact Kathleen Miller, City Clerk-Administrator at 2401 Highway 10, Mounds View, MN 55112 or call 763-717-4000. Mayor, Dan Coughlin Date City Clerk-Administrator, Kathleen Miller Date M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 6 ASSIGNMENT OF RESPONSIBILITY FOR AFFIRMATIVE ACTION PROGRAM The Mounds View City Council authorizes Kathleen Miller to administer the Affirmative Action Program on behalf of the City. This accountability encompasses the following: 1. Development of an Equal Employment Opportunity/Affirmative Action (EEO/AA) Plan/Program that is consistent with City policies. 2. Coordination of internal and external dissemination of the City’s EEO/AA policies and plan. 3. Preparation of all reports that are required and the design and implementation of audit and recording systems to measure the effectiveness of the Affirmation Action Program. 4. Conducting and/or coordinating EEO/AA training and orientation of City supervisors, managers and subcontractors to inform them of their responsibilities pursuant to the Affirmative Action Plan/Program. 5. Ensuring that managers and supervisors understand that it is their responsibility to take action to prevent the harassment of protected class employees and applicants for employment. 6. Holding regular discussions with managers, supervisors and employees to ensure that Equal Employment Opportunity policies are being followed. 7. Ensuring that all minority and female employees are provided equal opportunity as it relates to organization-sponsored training programs, recreational/social activities, benefit plans, pay and other working conditions without regard to race or gender. 8. Reviewing the qualifications of employees to ensure that minorities and women are given full opportunities for transfers and promotions. 9. Periodically auditing training programs and hiring and promotion patterns to remove any impediments to the attainment of our goals and objectives. 10. Providing information to employees or applicants alleging discrimination of their rights under provisions of the Civil Rights Act M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 7 of 1964 as amended by the Equal Employment Opportunity Act of 1972 and the Minnesota Human Rights Act; of legal options for registering a complaint; and of investigation procedures for all such complaints. 11. Identifying problem areas and recommending solutions. 12. Investigating all alleged acts of discrimination and recording all material facts. 13. Serving as liaison between protected class groups and our organization. 14. Monitoring our subcontractors and work sites to ensure compliance in such areas as: a. Proper employment of female and minority employees. b. Proper posting of EEO posters. c. Harassment and intimidation free work conditions for female and minority employees. 15. Reporting to the City Council good faith claims of discrimination. DISSEMINATION OF AFFIRMATIVE ACTION POLICY AND PLAN 1. Internal Dissemination a. The City Clerk Administrator will instruct, inform and advise all employees of the responsibilities of employees in promoting and achieving a policy of non-discrimination. b. The goals and objectives of the Affirmative Action Plan will be communicated to all employees and will be included in the Personnel Manual which will be given to all employees. Part-time, seasonal and temporary employees will have complete access to copies of the Affirmative Action Plan. c. The Equal Employment Opportunity Policy Statement and non-discrimination posters will be permanently posted and conspicuously displayed throughout our organization and at each of our locations in areas available to employees and applicants for employment . M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 8 d. The Equal Employment Opportunity/Affirmative Action Employer/Contractor clause (EEO/AA Employer/Contractor) will be included on all City employment application materials and employment advertisements. e. Representatives of Organized Labor will be informed of the Affirmative Action Plan. f. Labor agreements between any union, federation or authorized employee representative in the City will include non-discrimination clauses and will be reviewed to ensure that they are non-discriminatory. 2. External Dissemination a. The City Clerk-Administrator will file copies of the Affirmative Action Plan with the State Department of Human Rights, the State Employment Service and such minority, handicapped and women's organizations which benefit from open recruitment. b. The City Finance Director shall distribute a statement of the City's commitment to EEO/AA to all vendors and shall encourage them to follow similar practices. c. The City shall make readily available to minorities, disabled persons, women and protected class groups the current listing of job opportunities in the City work force. The City will advertise available positions in a manner determined by the City to be most appropriate to reach local minority, disabled and female persons seeking employment. e. The City shall include the statement "Equal Opportunity Employer/Contractor" on all City stationery letterhead, purchase orders, leases, contracts, advertisements and documents when possible. f. Communicate to prospective employees the existence and contents of our Affirmative Action Plan. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 9 Organizational Chart Placed Here M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 10 WORKFORCE ANALYSIS AND AVAILABILITY AND UTILIZATION/UNDERUTILIZATION ANALYSES The City conducted separate analyses for minorities and for women (protected groups). The purpose of these analyses is to determine if minorities and/or women are currently being underutilized in the City’s workforce. The results of these analyses are the basis for establishing the objectives detailed in this document. 1. Workforce Analysis. A workforce analysis is prepared annually if new positions are added to the City's workforce and/or turnover has occurred within the City's workforce. This analysis lists full-time, regular positions ranked from the lowest paid to the highest paid within each department. For each job title, the total number of incumbents is listed by race and gender. 2. Availability and Utilization/Underutilization Analysis. An Availability Analysis has been performed to assist the City in determining whether minorities and/or women are being underutilized in the City's operations. The establishment of job groups is necessary for the performance of an Availability Analysis. The job groups and positions are as follows: Managers and Administrators: City Clerk- Administrator, Finance Director, Police Chief, Community Development Director, Public Works Director, Golf Course Manager/Superintendent, Public Works Foreman, Parks Foreman Professional: Planner, Assistant to the City Administrator, Accountant, Head Golf Pro, Economic Development Coordinator Technical: Information Services Engineer/Technician, Payroll/Utility Billing Clerk, Housing Inspector, Assistant Golf Course Professional Service Workers: Sergeants (2), Investigators (2) and Patrol Officer (10), Custodian (1) Clerical: Administrative Assistants (4) Skilled Craft: Public Works Maintenance (8), Park Maintenance (1) M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 11 Availability data was obtained for minorities and women from the 1990 Census as provided by the Minnesota Department of Human Rights Contract Compliance Division. Underutilization is determined when there are fewer minorities or women organization- wide than would reasonably be expected based upon availability. The declaration of underutilization of women or minorities does not imply or admit any form of discrimination. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 12 WORKFORCE ANALYSIS Department Administration Company City of Mounds View Date as of September 18, 2000 Address 2401 Highway 10 Mounds View, MN 55112 Job Title (s) Wage Rate or Salary Range Total Employees Minority Employees (*) Total Total Male Total Female Male Female B H AI/ AN AI/ PI B H AI/ AN AI/ PI Administrative Assistant $29,552.35-$36,940.44 1 1 Assistant to the City Administrator $40,690.94-$50,863.68 1 1 1 City Clerk-Administrator $73,000-$85,000 1 1 TOTAL 3 0 3 1 (*) B=Black; H=Hispanic; AI/AN=American Indian/Alaskan Native; A/PI=Asian/Pacific Islander M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 13 WORKFORCE ANALYSIS Department Finance Company City of Mounds View Date as of September 18, 2000 Address 2401 Highway 10 Mounds View, MN 55112 Job Title (s) Wage Rate or Salary Range Total Employees Minority Employees (*) Total Total Male Total Female Male Female B H AI/ AN AI/ PI B H AI/ AN AI/ PI Payroll/Utility Billing Clerk $29,330.40-$36,663 1 1 Accountant $37,717.92-$47,147.40 1 1 Finance Director $54,602-$68,252.64 1 1 TOTAL 3 1 2 (*) B=Black; H=Hispanic; AI/AN=American Indian/Alaskan Native; A/PI=Asian/Pacific Islander M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 14 WORKFORCE ANALYSIS Department Community Development Company City of Mounds View Date as of September 18, 2000 Address 2401 Highway 10 Mounds View, MN 55112 Job Title (s) Wage Rate or Salary Range Total Employees Minority Employees (*) Total Total Male Total Female Male Female B H AI/ AN AI/ PI B H AI/ AN AI/ PI Administrative Assistant $29,552.35-$36,940.44 1 1 Housing/Code Enforcement Inspector $30,430.40-$37,473.60 1 1 Economic Development Coordinator $37,784.06-$47,230.08 1 1 Planner $44,428.80-$50,510.52 1 1 Community Development Director $54,436.32-$68,045.40 1 1 TOTAL 5 4 1 (*) B=Black; H=Hispanic; AI/AN=American Indian/Alaskan Native; A/PI=Asian/Pacific Islander M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 15 WORKFORCE ANALYSIS Department Golf Course Company City of Mounds View Date as of September 18, 2000 Address 2401 Highway 10 Mounds View, MN 55112 Job Title (s) Wage Rate or Salary Range Total Employees Minority Employees (*) Total Total Male Total Female Male Female B H AI/ AN AI/ PI B H AI/ AN AI/ PI Assistant Golf Course Professional $16,974.34-$21, 217.92 (receives incentive pay) 1 1 Head Golf Pro $25,461.60-$31,827 (receives incentive pay) 1 1 Manager/Superintendent $35,272.51-$44,090.64 (receives incentive pay) 1 1 TOTAL 3 3 (*) B=Black; H=Hispanic; AI/AN=American Indian/Alaskan Native; A/PI=Asian/Pacific Islander M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 16 WORKFORCE ANALYSIS Department Police Department Company City of Mounds View Date as of September 18, 2000 Address 2401 Highway 10 Mounds View, MN 55112 Job Title (s) Wage Rate or Salary Range Total Employees Minority Employees (*) Total Total Male Total Female Male Female B H AI/ AN AI/ PI B H AI/ AN AI/ PI Administrative Assistant $29,552.35-$36,940.44 1 1 Patrol Officers $31,277.40-$48,119.08 (receives longevity pay) 10 10 Investigators $31,277.40-$48,119.08 (receives specialty pay) 2 2 Sergeants $48,244.68-$60,305.76 2 2 Chief $55,964.64-$69,955.80 1 1 TOTAL 16 15 1 (*) B=Black; H=Hispanic; AI/AN=American Indian/Alaskan Native; A/PI=Asian/Pacific Islander M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 17 WORKFORCE ANALYSIS Department Public Works Company City of Mounds View Date as of September 18, 2000 Address 2401 Highway 10 Mounds View, MN 55112 Job Title (s) Wage Rate or Salary Range Total Employees Minority Employees (*) Total Total Male Total Female Male Female B H AI/ AN AI/ PI B H AI/ AN AI/ PI Custodian $26,000-$31,616 1 1 Administrative Assistant $29,552.35-$36,940.44 1 1 Street, Sewer and Water Maintenance $27,040-$37,523.20 9 9 Parks Foreman $29,120-$39,603.20 1 1 Information System Engineer/Technician $38,400-$48,000 1 1 Public Works Foreman $38,355.36-$47,944.20 1 1 Director $58,200.58-$72,750.72 1 1 TOTAL 15 14 1 (*) B=Black; H=Hispanic; AI/AN=American Indian/Alaskan Native; A/PI=Asian/Pacific Islander M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 18 Weighted Small Company Availability and Utilization/Underutilization Analysis October 2000 Job Group Job Codes * Total Women Minorities Utilization Availability Utilization Availability Numb er % Number % Numb er under utilize d Num ber % Number % Number underuti lized Managerial 1-42 8 Professional 43-202 5 Technical 203-242 4 Office & Clerical 303-402 4 Skilled Craft 503-702 9 Service Wkr Custodian 453 1 Service Wkr/ Police 418-422 15 TOTALS 45 8 18% 14 30.1 6 1 2% 2 4.812 1 Column # #1 #2 #3 #4 #5 #6 #2 #3 #4 #5 #6 Instructions: 1. Column 1 = total # in job group. 2. Column 2 = total # of women or minorities in job group. 3. Column 3 = Column 2 / Column 1 4. Column 4 = Column 5 x Column 1. (Round up to the nearest whole number). 5. Column 5 = availability% from 1990 Manpower Information Tables (or from contractor’s 8 - factor analysis). 6. Column 6 = Column 4 - 2. * Job Codes are the occupation codes used as column headings in 1990 affirmative action statutes. No job codes are needed for a small company availability analysis. Source of Availability: St. Paul/Minneapolis MSA M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 19 GOALS, OBJECTIVES AND TIMETABLES FOR CORRECTIVE ACTION The City's Weighted Small Company Availability and Utilization/Underutilization Analysis shows that for the total workforce there is an underutilization of six women and 1 minority. The City of Mounds View is committed to fully utilizing women and minority employees at least in proportion to their availability (See Weighted Small Company Availability and Utilization and Underutilization Analysis) and will maintain an awareness of the need to recruit women and minorities when vacancies exist and when new positions are created. The City realizes that if turnover and job creation rates continue as in recent years, there may be too few opportunities to achieve full utilization of women and minorities in the short term. In order to achieve our ultimate annual goal of fully utilizing women and minority employees in proportion to their availability percentages, the City is committed to increasing its recruitment efforts by advertising in and with media sources that are traditionally used by women and minorities. Increasing recruitment efforts will broaden the City’s applicant pool and ensure that there are more qualified applicants to choose from. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 20 PROBLEM AREAS/DEFICIENCY IDENTIFICATION AND ANALYSIS The City’s workforce composition consists of 45 employees containing eight females and one person of color. There are problems of underutilization due, in part, to low turnover. In an effort to correct this problem, when there is turnover the City will advertise in women and minority newspapers to increase the applicant pool. No problems were identified in transferring employees, promotion practices, company facilities, company sponsored activities, seniority practices and company training/apprenticeship programs. For the most part, we receive more applications from women than minorities although we do advertise that the City is an Equal Opportunity/Affirmative Action Employer. Evaluation of the City’s total selection process indicates that the City’s programs for hiring and training employees continue to show a good faith effort to attract qualified minorities and women. The City will need to undertake efforts in advertising vacancies and recruiting in a manner that will further encourage qualified minorities and female applicants to apply for job openings. Also, in an effort to fully and effectively implement the Affirmative Action Plan, it would benefit the City to encourage healthy workforce attitudes among employees toward women and minorities by educating employees about the City’s Affirmative Action Plan, changing demographics and the future of the labor market. In the technical phases, contract compliance posters are displayed, employment applications are kept for at least one (1) year and all subcontractors and vendors are made aware of our Affirmative Action Policy by the “Equal Opportunity Employer” message on our letterhead. MEASURES TO FACILITATE IMPLEMENTATION The City of Mounds View's personnel practices shall adhere to the principles of Equal Employment Opportunity. The principles of Equal Employment Opportunity shall be introduced into all City written personnel policies and shall be reflected in all negotiations between the City and labor unions that represent authorized bargaining units of City employees. To assure progress toward achievement of Affirmative Action goals and to guarantee equal employment opportunity to all persons, the City of Mounds View shall pursue the following actions: 1. Position Description. A written position description shall exist for all regular full-time and part-time positions within the City. These descriptions shall include a position title, general description of the work, M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 21 and shall be available to all employees and prospective job applicants for review prior to application. Position titles and minimum qualifications shall be used in all recruitment advertising. 2. Recruitment. The City of Mounds View will advertise job openings in the appropriate media for its labor market. All job advertisements shall state the title of the position, minimum qualifications, where applications can be obtained, the filing deadline and other relevant information. All job advertisements shall include the statement "An Equal Opportunity Employer/Contractor". In special circumstances the City may add or substitute the wording "Minorities and women are encouraged to apply". Announcements for job openings shall regularly be sent to organizations within the labor market that specifically represent women, minorities and disabled persons. 3. City Personnel Policies. The Administration Department shall provide for the revision and ongoing maintenance of the Personnel Manual in an effort to be consistent with the Affirmative Action Plan. Each department shall be apprised of Affirmative Action goals and briefed regarding the City's commitment to achieving those goals. The employment application form currently utilized is intended to eliminate artificial employment barriers by not requiring irrelevant information as part of the selection process. It shall be inconsistent with the Affirmative Action Program for any hiring authority of the City to consider race, color, creed, religion, national origin, sex, age, marital status, public assistance status, handicap, sexual orientation or disability as a basis for rejecting any individual applicant for employment. 4. Selection and Hiring. The City shall make a "good faith" effort to meet its Affirmative Action goals by giving maximum consideration to external protected class candidates who possess minimum qualifications for City positions. 5. Evaluation of Job Performance. Probationary periods for entry level and promotional positions shall be uniformly applied and no protected class employee shall be subject to a probationary period different in length from any other employee. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 22 All performance evaluation systems used shall be directly related to actual performance on the job. 6. Compensation. All compensation schedules for City employees shall adhere to State and Federal laws and shall not discriminate on the basis of race, sex, color, religion, national origin, handicap, disability, age, marital status, veteran status, creed, sexual orientation or status with regard to public assistance. All fringe benefit schedules shall be equal for members of both sexes and shall not discriminate against any employed member of a protected class. 7. Disciplinary Procedures. All disciplinary procedures within the City organization shall be applied equally and shall not discriminate against any employee on the basis of race, sex, color, creed, religion, national origin, handicap, disability, age, marital status, veteran status, political affiliation, sexual orientation or status with regard to public assistance. 8. Training. All training programs shall be extended to all employees if the program is job related and would result in better job performance. No employee shall be restricted from attending such programs or courses because of race, color, sex, creed, marital status, religion, national origin, age, disability, adherence to any political or union affiliation, sexual orientation, or status with regard to public assistance. Special efforts shall be made to include and encourage employees in protected classes to attend such programs and courses. 9. Documentation of "Good Faith" Efforts to Reach Affirmative Action Goals. The City Clerk-Administrator shall keep a written record of the efforts undertaken to meet City goals for employment of protected class employees. 10. Complaint Procedure a. City Responsibility. The City has the responsibility to receive, investigate and attempt to resolve internal and external charges of alleged violations of its obligations to meet Affirmative Action goals. Appropriate action will be taken to ensure that the rights of individuals to file complaints or participate in investigations, hearings or any other procedure for resolving such complaints will be respected and not interfered with in any manner. Should the final decision be adverse to the complainants, they will be advised that they may pursue that matter further with the Minnesota Department of Human Rights or the Department of Labor. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 23 Complaints, and all actions taken to resolve them through the City, must be maintained in the strictest confidence. No individual should be intimidated, threatened, coerced or discriminated against by the City for filing a complaint, furnishing information, or participating in any manner in investigations, compliance reviews, hearings, or any other activities related to the administration of the Equal Employment Opportunity/ Affirmative Action Plan. b. Applicants’ Rights to File Complaints of Alleged Discrimination. Applicants who believe the City has violated its obligations may file written complaints with the City, the Minnesota Department of Human Rights or the Department of Labor. c. Employees’ Rights to File Complaints of Alleged Discrimination. Employees who feel the City has violated its obligations may file written complaints with the City, the Minnesota Department of Human Rights or the Department of Labor. Employees may bring their concerns to the attention of their immediate supervisor or file a written complaint directly with the City Clerk-Administrator. INTERNAL AUDIT AND REPORTING SYSTEM In order to successfully evaluate the implementation of the City's Affirmative Action Program, the following data shall be maintained by Kathleen Miller. 1. Reports shall be required from Department Managers on a regular basis regarding recruitment sources, applicant flow data, training, promotions, merit increases, disciplinary actions, demotions and terminations. 2. Documentation of Good Faith Efforts to Meet Goal. Annual reports will be forwarded as requested to the Minnesota Department of Human Rights documenting the City's efforts to meet the established goals for the employment of protected class employees. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 24 AFFIRMATIVE ACTION PLAN FOR DISABLED INDIVIDUALS 1. Disabled Individual Affirmative Action Clause. The City of Mounds View shall not discriminate against any employee or applicant for employment because of physical or mental disability with regard to any position for which the employee or applicant for employment is qualified. The City of Mounds View agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation and training. The City of Mounds View agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. The City of Mounds View agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Commissioner of the Minnesota Department of Human Rights. Such notices shall state the City of Mounds View's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment and the rights of these applicants and employees. The City of Mounds View shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the City is bound by the terms of the Minnesota Human Rights Act and is committed to taking affirmative action to employ and advance in employment physically and mentally challenged individuals. 2. Schedule for Review. The City of Mounds View will review all physical and mental job requirements to the extent that these requirements tend to screen out qualified disabled individuals. It will be determined whether these requirements are job related, and consistent with business necessity and the safe performance of the job. These requirements will be reviewed when positions become available. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 25 3. Pre-Employment Medical Exams. The City of Mounds View may require a comprehensive medical exam after a conditional offer of employment has been made. The results of such an examination will not be used to screen out qualified disabled individuals. Information obtained in response to such inquires or examinations shall be kept confidential except that (a) supervisors and managers may be informed regarding restriction on the work or duties of disabled individuals and regarding accommodations, (b) first aid and safety personnel may be informed, to the extent appropriate, if the condition might require emergency treatment, and (c) officials, employees, representatives, or agents of the Minnesota Department of Human Rights or local human rights agencies investigating compliance with the Act or local human rights ordinances shall be informed if they request such information. 4. Accommodations of Physical and Mental Limitations of Employees. The City of Mounds View shall make a reasonable accommodation for the physical and mental limitations of an employee or applicant unless such an accommodation would impose an undue hardship on the conduct of City business. 5. Compensation. If offering employment or promotions to disabled individuals, the City of Mounds View shall not reduce the amount of compensation offered because of any disability income, pension, or other benefit the applicant or employee receives from another source. 6. Outreach, Positive Recruitment, and External Dissemination of Policy. The City of Mounds View will review employment practices to determine whether the personnel programs provide the required affirmative action for employment and advancement of qualified disabled individuals. Based upon the findings of such review, the City of Mounds View shall undertake appropriate outreach and positive recruitment activities, such as those listed below: a. Develop internal communication of the City's obligation to engage in affirmative action efforts to employ qualified disabled individuals in such a manner as to foster understanding, acceptance, and support among executive, management, supervisory, and all other employees and to encourage such M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 26 persons to take the necessary action to aid the City of Mounds View in meeting this obligation. b. Develop reasonable internal procedures to ensure that the obligation to engage in affirmative action to employ and promote qualified disabled individuals is being fully implemented. The City shall make readily available to disabled individuals a current listing of job opportunities in the City offices. The City will advertise available positions in a manner determined by the City to be most appropriate to reach local disabled individuals. c. Periodically inform all employees and prospective employees of the commitment to engage in affirmative action to increase employment opportunities for qualified disabled individuals. d. Enlist the assistance and support of recruiting sources including state employment security agencies, state vocational rehabilitation agencies or facilities, sheltered workshops, college placement officers, state education agencies, labor organizations and organizations of or for disabled individuals. e. Establish meaningful contacts with appropriate social service agencies, organizations of and for disabled individuals and vocational rehabilitation agencies or facilities for the purpose of receiving advice, technical assistance and referrals. f. Review employment records to determine the availability of promotable and transferable qualified known disabled individuals presently employed M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 27 and to determine whether their present and potential skills are being fully utilized or developed. g. Include disabled workers when employees are pictured in consumer, promotional or help-wanted advertising. h. Take positive steps to attract qualified disabled persons not currently in the workforce who have requisite skills and can be recruited through affirmative action measures. 7. Internal Dissemination of Policy. Realizing that an outreach program is ineffective without adequate internal support from department heads and supervisory personnel and other employees who may have had limited contact with disabled persons in the past, and in order to assure greater employee cooperation and participation the City of Mounds View shall disseminate this policy internally as follows: a. Include Plan in Personnel Manual. b. Departments shall discuss with new employees the policy and explain individual employee responsibilities. c. Meet with union officials to inform them of the Policy and request their cooperation. d. Include non-discrimination clauses in all union agreements and review all contractual provisions to ensure they are non- discriminatory. e. Post the Policy Statement on the bulletin board, including a statement that employees and applicants are protected from coercion, intimidation, interference or discrimination for filing a complaint or assisting in an investigation under the Minnesota Human Rights Act. 8. Responsibility for Implementation. Kathleen Miller is responsible for Mounds View's affirmative action activities and will conduct the following activities: a. Develop policy statements, affirmative action programs and internal and external communication techniques to be certain M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 28 the City of Mounds View’s policies are being followed. In addition, supervisors shall be advised that: 1. Their work performance is being evaluated on the basis of their affirmative action efforts and results, as well as other criteria. 2. The City of Mounds View is obligated to prevent harassment of protected class employees or applicants for employment. b. Design and implement an audit and reporting system that will: 1. Measure effectiveness of the City’s plan. 2. Indicate need for remedial action. 3. Determine the degree to which objectives have been attained. 4. Ensure that each department is in compliance with the Minnesota Department of Human Rights Act. c. Serve as liaison between the City of Mounds View and the Minnesota Department of Human Rights. d. Serve as liaison between the City of Mounds View and organizations of and for disabled persons. e. Keep Department Heads informed of the latest developments in the entire affirmative action area. 9 Develop and Execute Affirmative Action Programs. The Affirmative Action Plan for the City of Mounds View shall be developed and executed as follows: a. Job qualifications shall be made available to all employees involved in the recruitment, screening, selection, and promotion process b. The City of Mounds View shall evaluate the total selection process including training and promotion to ensure freedom from stereotyping disabled persons in a manner which limits their access to all jobs for which they are qualified. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 29 c. All personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes shall be carefully selected and trained to ensure that the commitments in the Affirmative Action Program are implemented. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\10-23-00\10-23-2000 Council\Item 10B--2000 Affirmative Action Plan (Final Version)--Givonna Reed.doc 30 APPENDIX I RECRUITMENT RESOURCES Working Opportunities for Women 2700 University Avenue Suite 120 Minneapolis, MN 55114 Minnesota Department of Economic Security Job Bank 390 North Robert St. Paul, MN 55101 Anoka County Job Service 8008 Highway 65 NE Spring Lake Park, MN 55432 Minnesota Workforce Center 2098 11th Avenue E. North St. Paul, MN 55109-5112