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HomeMy WebLinkAbout2000-01-26 Packet CITY COUNCIL MEETING AGENDA WEDNESDAY, JANUARY 26, 2000 6:00 p.m. CALL TO ORDER 1. Roll Call cif PUBLIC HEARING (S) all. APPEARANCES /AWARDS I-IV. CONSIDERATION OF MINUTES Gl( January 12, 2000 Council Meeting Minutes Uv PAYMENT OF CLAIMS M The City of Centerville January 13 through January 26, 2000 eir Centennial Fire District — December and January Expenses PC SET AGENDA LAIC PE TIO S D COMPLAINTS VIII. 1 ?NFINISHED BUSINESS Restructuring Proposal u,T kyle. Try, j (,YX. NEW BUSINESS L Overweight Permit — Mound Trail e tnSa 5 Firelighter Pay, Fire Chief Salary Adjustment .. ✓P.w Tri -City PnQ Department day S CONSENT AGENDA 146. COMMITTEE REPORTS I. ADMINISTRATORS REPORT T � f.-c Pepoy III. ADJOURNMENT Memorandum DATE : January 21, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Minutes Minutes will be e- mailed to Council on Monday, January 24` Staff has been overloaded with year -end reports, recycling reports, dog licenses, rental certificates, legal notices, etc.. It is easy to see the workload bog down when there is a staff resignation. Sorry for the inconvenience. Centennial Fire District " 7741 Lake Drive Lino Lakes, MN 55014 (651) 784 -7472 - Office (651) 784 -2427 - Fax January 18, 2000 TO: City Council City of Circle Pines City Council City of Centerville City Council City of Lino Lakes FROM: Milo Bennett SUBJECT: Ratification of expenditures and approval for payment of January expenses. Your approval of January expenses as listed on the attached copy of the check register, checks #12000 — 12039, in the amount of $12,266.44 is hereby requested. ■ N O 1 O O N d' N- N In O O O O O C` ti tC) N O r 0 0 0 V' O t� O CC) O) 0 1 z m O M d O m O O N O O aO r (O ti 6 r- O O CO O O O O W t1 r t- co O r M Si M 6 0 4 6 CC) O) O V' O) 4 0 0 r- co R O 6 6 a0 cc; r r C O tO CO W CD O V• M M O) O O O O O n N I- M M O) O N N N M CO V• N N r (O N N N N CO 5 Q M r co a) to co 03 Q a L a) (n a) L N a) a) a) L 7 N CO co co C U N U U U y N U C L.. 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Y Z ix cc (n (o1— I —H >D W D> Y f-- co m O r N CJ V to CO C CO ' C ) CO 0 N N N Cf) Cr) 00 M M Ch Ch W 0 0 0 0 0 0 0 0 0 0 0 0 0 = N N N N N N C N N N N N N N 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 H N N C N C N I N N N C N C N N N N N Q V •c• V' V V V' 'Cr V 'cY 0 -- -- -- —_ -- -- -- .— — —_ — — 0 0 0 0 0 0 0 0 0 0 0 0 0 • Memorandum DATE : January 21, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Clerk/Treasurer Job Description Account Clerk Job Description Time Saver Minute Taking Proposal Included in your packet is a proposal from Time Saver Off Site Secretarial in regards to having this firm prepare the minutes for City meetings. Also included with their proposal are letters of reference and I included one sample of their minutes. We are in the process of drafting job descriptions for the two previously discussed job positions within the organization. These will be available for distribution prior to the meeting. I am also working on a cost comparison for the proposed restructuring versus replacing a full -time City Clerk. If Council approves the presented job descriptions, i would internally post the Clerk/Treasurer position for a period of three days. If there were more than one internal candidate, I would recommend that we conduct an interview for the position. I would anticipate advertising for the part-time Account Clerk next week Thursday. ti±t r uneSayer JAN , 8 2000 - -` O ff Site Serre/aria/ January 13, 2000 Attention: Theresa City of Centerville 1880 Main Street Centerville, MN 55038 Dear Theresa, Thank you for calling TimeSaver Off Site Secretarial, Inc. regarding your interest in our recording secretarial services. I reviewed the set of draft meeting minutes which you faxed to me and would like to submit the following proposal to be Centerville's Official City Recorder on a contract basis: MEETING TIME: $21.50/hour (meeting time plus 1/2 hour) MINUTES: $9.50 /page for draft minutes (you make final changes via disk or e-mail file) The above quoted rates are based on the assumption that the meeting minutes will be printed in Times New Roman, 12 point, with one inch margins (average), a one line footer, and that the level of detail will comprise four or more pages per hour of meeting time. We can provide your minutes in either a MicroSoft Word or Word Perfect format and submit them via e-mail, if desired. Enclosures provided include details of services offered, current municipal and corporate clients, letters of recommendation, and meeting minute samples. Please note that our business was named "Northern Counties Secretarial Services" until January of 1993 when it was changed to TimeSaver. We are very flexible in meeting the needs of City Councils, Commissions, and staff; and encourage you to call our references. Please feel free to call me at (612) 421 -8999 if I can be of further assistance or provide you with additional information. We appreciate your consideration and look forward to receiving your response. Sincerely, i/ca 9thjif- Carla Wirth Owner 277 Coon Rapids Blvd • Suite 410 • Coon Rapids MN 55433 • 612 -785 -2463 • Fax 785 -1167 320 East Main • Anoka, MN 55303 • 612 -421 -8999 • Fax 421 -951 / miesarer .•' -' " Off Site Secretarial :':‘ 1 . : : ::- In -(2"— fr:: :: deliel 7- C ti on Since 1985, TimeSaver Off Site Secretarial, Inc. (formerly Northern Counties Secretarial Services) has been providing a wide variety of office support services to individuals and businesses. We're word processing specialists who provide professionally prepared documents. We also work closely with clients to make suggestions about format and style to assure it is flawless, pleasing to the eye, and contains proper use of bold print, italics, bullets, etc. Our staff is known for maintaining flexibility to accommodate special needs while still meeting tight deadlines. TimeSaver's secretarial support services are used by more than 150 companies and corporations throughout the metro area. We are an economical alternative to temporary help, full-time, or part-time employees, especially for companies that do not want to invest in additional equipment, furniture, and office space. Of special interest to municipalities and private corporations is our recording secretarial and transcription services. TimeSaver has developed a special niche market for providing secretarial support to municipalities, private corporations, and volunteer organizations. This service is especially attractive to clients who do not wish to become involved in the time - consuming process of replacing and/or retraining secretaries. It provides the client with consistent long -term service without added expense in the event of employee turnover. TimeSaver is currently responsible for providing secretarial support to sixteen municipalities, the Minnesota Government Finance Officers Association, the Lower Rum River Watershed Management Organization, the Northwest Health and Human Services Commission, the Quad Cities Cable Commission, and one volunteer organization. TimeSaver also provides recording secretaries to four municipalities on an as- needed basis. TimeSaver's has developed a reputation for cultivating personalized business relationships with our clients. This is a unique feature in today's business world and has resulted in 75% of our growth resulting strictly from referrals. Our thirteen year history of quality work reflects the value we place on our clients 277 Coon Rapids Blvd • Suite 410 • Coon Rapids MN 55433 • 612 -785 -2463 • Fax 785 -1167 320 East Main • Anoka, MN 55303 • 612 -421 -8999 • Fax 421 -9511 Alvin M. Kern Duane N. DeWenter Loren M. Were Katir Kern, DeWenter, Viere, Ltd. Gerald A. Stover Kerth W. Julsvn Dwayne S. Dockendorl Certified Public Accountants David M liMnenkamp April 2, 1996 To Whom it May Concern: We have prepared the tax returns for Timesaver Off Site Secretarial for the last five years. Based upon my familiarity with the business and the twenty (20) factors the IRS uses to classify independent contractor relationships vs. employees it is my opinion that Timesaver Off Site Secretarial would quality as a independent contractor. The two factors that particularly come into play are 1) the company holds itself out and does business with a number of different organizations and 2) it has its own office location. Sincerely, KERN, DEWENTER, VIERE, LTD. .n V / u w • Loren M. Viere Certified Public Accountant LMV:rn 220 Park Avenue South P.O. Box 1304 St. Cloud, MN 56302 612- 251 -7010 FAX 612 -251 -1784 7' 7J/fleSayep "- Off Site Secretarial Mu ' e al , e erence City of Anoka City of Arden Hills 2015 First Avenue North 4364 West Round Lake Road Anoka, MN 55303 Arden Hills, MN 55112 Tun Knutson, Finance Director Joseph Lynch, City Administrator (612) 421-6630 (651) 633-5676 City of Blaine City of Brooklyn Center 9150 Central Avenue N.E. 6301 Shingle Creek Parkway Blaine, MN 55434 Brooklyn Center, MN 55430 Joyce Twistol, City Clerk Ronald Warren, City Planner (612) 784 -6700 (612) 569 -3306 City of Champlin City of Coon Rapids 11955 Champlin Drive 11155 Robinson Drive Champlin, MN 55316 Coon Rapids, MN 55433 Jo Anne Brown, City Clerk Betty Backes, CMC /AAE (612) 421 -8064 (612) 755 -2880 City of Lino Lakes City of Long Lake 600 Town Center Parkway 1964 Park Avenue Lino Lakes, MN 55014 Long Lake, MN 55356 Linda Waite - Smith, City Administrator Patty Sullivan, City Clerk (651) 464-5567 (612) 473-6961 Lower Rum W.M.O. City of Ramsey 2015 First Avenue North 15153 Nowthen Boulevard • Anoka, MN 55303 Ramsey, MN 55303 Steve Jankowski, Chairman James Norman, City Administrator (612) 427 -1410 (612) 427 -1410 City of St. Anthony City of Vadnais Heights 3301 Silver Lake Road 687 E. County Road F St. Anthony, MN 55418 Vadnais Heights, MN 55127 Michael Morrison, City Manager Jerry Urban, City Administrator (612) 789 -8881 (651) 429 -5343 277 Coon Rapids 131rd • Suite 410 • Coon Rapids MN 55433 • 612- 785 -2463 • Fa.v 785 -1167 320 East Main • Anoka, MN 55303 • 612-421-8999 • fax 421 -9511 ntruneSare Off Site Secretarial 277 Coon Rapids Blvd • Suite 410 • Coon Rapids MN 55433 • 612- 785 -2463 • Fax 785 -1/67 320 East Main • Anoka, MN 55303 • 612 -421 -8999 • Fax 421 -9511 MINNESOTA gke Minnesota Government Finance Officers Association Excellence and Leadership in Government Finance December 24, 1998 Carla Wirth TimeSaver OffSite Secretarial 320 East Main Street Anoka, MN 55303 Dear Carla: Thank you for helping to make 1998 another successful year for Minnesota Government Finance Officers Association. I appreciate all you have done on the monthly newsletter and membership directory. You and your staff have always been very helpful and flexible in working with everyone associated with MGFOA. The administrative support you have provided the association has been very successful. Again, thanks for all you did this year. I wish you and your staff a wonderful holiday season and a happy New Year. Sincerely, k Steven 11 Hauer MGFOA President UNIVERSITY OF MINNESOTA Twin Cities Carpus Department of Professional 214 Nolte Center Development and 315 Pillsbury Drive S .E. Conference Services Minneapolis, MN55455 -0139 Continuing Education and 612425 -6616 Extension Fax: 612-626-1632 August 12, 1994 Carla Wirth TimeSavers Off Site Secretarial 277 Coon Rapids Blvd #410 Coon Rapids MN 55433 On behalf of the planning committee, we offer our special "thanks" for your presentation at this year's Minnesota Municipal Clerks Institute held July 18 -22, 1994. The participants at the 1993 Institute suggested a number of improvements they felt would enhance their learning experience. We appreciate your cooperation in implementing many of these suggestions. We met with the representatives from all three classes on the last day of the institute and they were all enthusiastic about this year's program, as were the responses on the individual evaluations. Thanks again for your part in this important educational opportunity for city clerks and staff. Sincerely, der Richard Grefe Bev Ringsak Program Director Program Associate /1 w CITY O OF KA CITY HALL • 2015 FIRST AVE. NO. • ANOKA, MINNESOTA 55303 -2270 AN I'�'�'I� a . r- PHONE (612) 421 -6630 • FAX (612) 421 -9194 • TTY (612) 422 -0442 January 28, 1997 To Whom it May Concern: Since June 1994, the City of Anoka has had an agreement with Carla Wirth, d/b /a TimeSaver Off Site Secretarial, to act as recording secretary for all Anoka City Council and Planning Commission meetings. During this time, Ms. Wirth and her staff have given the city professionalism both at the meetings and in the final product. If you have any questions, please do not hesitate to contact me. Sincerely, Deborah D. Young, C C Deputy City Clerk dy \dy \TOSS — AN EQUAL OPPORTUNITY EMPLOYER — � CITY ®F ARDEN HILLS �? 1450 WEST HIGHWAY 96 ARDEN HILLS, MN 55112 -5794 January 27, 1997 To Whom it May Concern: It is our pleasure to provide this reference for Carla Wirth, d/b /a TimeSaver Off Site Secretarial. The City of Arden Hills has had a contract with TimeSaver Off Site Secretarial since 1994. Ms. Wirth and her staff provide the City with Recording Secretary services for the City's regular Council meetings twice monthly, a monthly Planning Commission meeting, as well as other meetings as requested. We have found TimeSaver Off-Site Secretarial services to be very professional in providing services to the City. Their flexibility and availability to the City with unplanned schedule changes, their professional presence at those meetings, and their dependability, accuracy, consistency and timeliness in providing minutes of the meetings have proved to be a valuable asset to the City of Arden Hills. Sincerely,, Brian Fritsinger City Administrator BF /sls PHONE: 16123 633 -5676 • FAX (6121 633 -7839 I City of Brooklyn Center A great place to start. A great place to stay. October 18, 1996 Ms. Carla Wirth TimeSaver Off Site Secretarial 320 East Main Anoka, MN 55303 Dear Carla: Thank you for the past six years of commitment to the City of Brooklyn Center serving as the recording secretary for City Council meetings. Your availability to supply personnel for minute taking has been greatly appreciated by the City of Brooklyn Center, Your staff is commended on their professionalism and efficiency. The prompt return of draft minutes was especially appreciated by Dolores and me. Please convey our thanks and appreciation to Connie and Lori. I wish you and TimeSaver a successful future. Sincerely, Sint, Sharon Knutson, CMC City Clerk 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer k City of ain Champlin 11956 CHAMPLW DRIVE CHAMPLIN, MN 55316 -2399 (612) 421 -8100 July 16, 1993 To Whom It May Concern, The City of Champlin has used Time Savers Off Site Secretarial Service for the past seven years to record and transcribe minutes for the City Council and various Commission meetings. We have been very pleased with the service they provide. They are flexible, easy to work with and professional. They are capable of meeting the required deadlines. I would recommend Time Savers Off Site Secretarial Service for your business. Si cer y, Jo Anne M. Brown, CMC, City Clerk The City of Champlin is an Equal Opportunity /Affirmative Action Employer ticoo RAPID February 6, 1992 To Whom It May Concern: The City of Coon Rapids has used the services of Northern Counties Secretarial Service for approximately two years. The firm provides minute taking services for all City Council meetings, workshops and Planning and Zoning Board meetings and workshops. The accuracy, efficiency and response time for completed minutes has been more than adequate for our needs. The personnel associated with Northern Counties Secretarial Service are very professional in all aspects of their professional service to the City. I would highly recommmend this contract secretarial service to anyone. Please feel free to contact me at 780 -6457 if more information is required. Sincerely, CITY OF COON RAPIDS Betty Bac es, CMGAAE City CIerk 1313 COON RAPIDS BOULEVARD, COON RAPIDS, MINNESOTA 55433 -5397 (612) 755 -2880 • FAX (612) 780-6421 CITY of CITY OF EAST BETHEL EAST BETHEL 2241 221st Ave. N.E. East Bethel, Minnesota 55011 \ \ \\ + .+ Q . �� 612- 434 -9569 Fax No. 612-434 -9578 September 23, 1996 Ms. Carla Wirth TimeSaver Off Site Secretarial 320 East Main St. Anoka, MN 55303 Dear Carla, We, the East Bethel City Council Members, thank you for your dedication and service to the City of East Bethel while serving as our Recording Secretary. Your minute taking experience within a broad range of government facets was reflected in your proficient use of words and depth of understanding of various governmental issues. Your documentation to sensitive subjects along with your accuracy were also very impressive. We recognize and appreciate the level of professionalism you have shown in the exceptional quality of your minute taking over the past seven years for us. In addition, we are also grateful for the volunteered free service you gave for our community while serving as secretary for the Arena Board, secretary for the Economic Development Committee and setting up and typing one of the City's newsletters to its residents. Knowing how precious personal and family time is, we are thankful you were willing to do this. It is with reluctance that we accepted your resignation and wish you the best. We hope you will consider using in fur us uu a temporary basis should the need arise. hanks again for a great job. Si cerely, 41 lAtle VI/ad i dy Or: r Ery Maul Brian Bezan on It �t i �c r42 G.v„ �� 4 Diane Jacobsgn Susan Gjemse !e City of M ; Mendota Heights January 27, 1997 TO WHOM IT MAY CONCERN: In the spring of last year, the city's secretary who attends and records the minutes of two advisory commissions was granted a leave of absence for the summer months. At the recommendation of another city, we contacted Time Savers Off -Site Secretarial Service to provide secretarial support for the evening commission meetings. Time Savers representatives attended and recorded the scheduled meetings of our Airport Relations Commission and Planning Commission during the summer months as well as two City Council meetings in the fall. Carla Wirth and her staff did an excellent job for the city. The minutes of the meetings were accurate, complete, and submitted in a timely manner. Given the diversity of subject matter and technical terms used at these varied meetings, we were very pleased with the resultant minutes. If the city is ever again in the position where minute- taking assistance is needed, I would not hesitate to retain Time Savers. Sincerely, Kathleen M. Swanson City Clerk 1101 Victoria Curve .Mendota Heights, MN • 55118 452.1850 F 0 • • City of Ramsey ( Tr- to o E9 15153 NOWTHEN BOULEVARD N.W., RAMSEY, MINNESOTA 55303 • (612) 427-1410 • • TO W NS0 February 24, 1992 To Whom It May Concern: In the past, the City of Ramsey has contracted with Northern Counties Secretarial Services for minute taking. NCSS has provided this service at City Council and various Commission meetings and has always been prompt both in attending the meetings and preparing the minutes. The City has been pleased with the service and quality of work we've received from NCSS and appreciate how willing they are to accommodate the short notices we always gave them. I strongly recommend NCSS to any prospective clients. Feel free to contact me if you have any questions. Sincerely, CITY OF RAMSEY (.t Penny J. Ott Administrative Coordinator . n '•`l tho�y d r ilia' a C� Administrative Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418 -1699 (612) 789 -8881 FAX (612) 781 -9323 January 27, 1997 TO WHOM IT MAY CONCERN: I am pleased to have this opportunity to write about TimeSaver Off -Site Secretarial (TOSS), owned and operated by Carla Wirth. The City of St. Anthony has contracted with TOSS for recording secretary services for about three years. The recording secretary takes the minutes for our City Council, Planning Commission and some special meetings. Prior to contracting with TOSS, we had tried for well over a year to fmd someone to take meeting minutes which would meet our expectations. The minutes we receive from TOSS are tailored to our format and are always submitted in a timely manner. The minutes are received by us exactly as we request. I fmd Ms. Wirth to be a very professional and conscientious person. We have never had to be concerned whenever a conflict with scheduling occurred, either with the City or the secretary. Oftentimes Ms. Wirth herself has attended meetings to take the minutes. The City Council is pleased with how well the minutes are taken and enjoy the "regular" recording secretary. Ms. Wirth has provided the City of St. Anthony with excellence in every aspect of the job. Please feel free to call me if you wish to discuss TimeSaver Off -Site Secretarial further. Sincerely, M chael Mornson City Manager !� CITY OF VADNAIS HEI( aw�3"mr .' . - 687 East County Road H E " = — Vadnais Heights, Minnesota 551: Phone (612) 429 -5343 Fax: (612) 4 ifri AlIVESCi tts March 11, 1998 Carla Wirth Timesavers Off -Site Secretarial 277 Coon Rapids Blvd., Suite 410 Coon Rapids, MN 55433 Dear Carla: I just wanted to sent you a note expressing the nice job you did on the M; City Council minutes. I appreciate your efforts and it makes my job a lot Thank you again. Sincerely, CITY OF VADNAIS HEIGHTS ,812Aaa Wt■ Gerald J. Urban City Administrator cfuIswg A I l in it CITY OF VICTORIA %���' 1 'a�ss nn cit of ed 7951 cRosc, Eox 36 q/ictosia, cl4innesota 553 61 2443 - 2363 9 ax 612 /443 -2110 January 21, 1997 Ms. Carla Wirth Timesaver Off Site Secretarial 320 East Main Street Anoka, MN 55303 Dear Carla: Enclosed please find a signed original copy of the Addendum to Recording Secretarial Service Agreement by and between yourself and the City of Victoria. As stated, the term of the current agreement will be extended to December 31, 1997. The City of Victoria appreciates the professional and important service provided by TimeSaver Off Site Secretarial, and looks forward to the continuation of this working relationship. Sincerely, CITY OF VICTORIA 11 goefit Joanne M. Kopet City Administrator Enclosure JMK/cmf 4Mengaiger + FIBERGLASS REPAIR • ALUMINUM REPAIR • AUTOBODY July 29, 1993 Dear ladies and gentlemen: Please accept this letter of recommendation for Carla Wirth. Carla has been doing secretarial work for the Economic Development Committee in East Bethel for the past few months. She is very well versed on our needs as a business organization and extremely helpful. She is articulate and has a excellent skill level all around. I would recommend her highly for the position of administrative secretary. Si erely, / // • George $1. Cossette GRC /lca (612) 434 -5999 18611 Hwy 65, Cedar, MN 55011 i . INDUSTRIES, INC January 31, 1990 To Whom It May Concern: We highly recommend Northern Counties Secretarial Services for your secretarial services. We use their services on a regular basis for our Board of Directors Meetings and for our Annual Shareholders Meeting. They are always prompt and accurate. Sincerely, Joan Becker Administrative Assistant • 9055 EVERGREEN BLVD.; MINNEAPOLIS, MN 55433 -6042 612-780-2520 800 -$28 -9005 LOCAL FAX 612 - 7804071 WATTS FAX 800 - 782 -5448 COUNTY OF ANOKA Office of the County Board of Commissioners COURTHOUSE ANOKA, MINNESOTA 55303 612 - 421 -4760 April 28, 1989 TO WHOM IT MAY CONCERN: Carla Wirth worked for Anoka County in the capacity of Administrative Secretary in a job -share arrangement in the Administration Office from July 13, 1987 through November 11, 1988. Her duties were primarily to perform secretarial tasks for the staff of the County Administration Office, the Intergovernmental Coordinator and seven County Commissioners and to attend and take minutes at various meetings as assigned. She possessed excellent secretarial skills. Because of Carla's many years of experience working in municipal governments as secretary to city councils and committees we found that she was most capable of attending meetings and gathering the appropriate information to provide the required minutes. She is quick to grasp the content of material presented whether it be abstract or tangible, technical or political in nature. Carla's knowledge and understanding of municipal and county functions made her an invaluable employee. Carla's responsibilities included County -wide Tour Coordinator. Carla was very much responsible for taking charge of this relatively new departmental responsibility and utilizing cooperative persuasion through myself with other departments and elected officials Worked to improve our tour presentations. Her enthusiasm and zeal inspired others to provide meaningful and informative tours which we are very proud to offer. She was so successful, in fact, that our requests for tours in the first months of this year increased 38% over last year. It was with great reluctance that we accepted Carla's resignation to pursue a private business. I would be most happy answer any questions anyone may have regarding Carla's work for Anoka County. Sincerely, Patsy Elliott Office Manager \pae Affirmative Action / Equal Opportunity Employer BETHEL COLLEGE Swm4t 6, 7996 BASSES AROu -ZE.ID Ecornnucs 638 -6293 h- abouzeid8hetheledu DAVID W. DANFORTH MANAGEMENT 638 - 62 7 6 ryL_- eJ_�'� _i_ W d- danforth4hethel edu ����VV[[� (i 320 Suit Ilaac Saea NICOEETFE L. DANIELS INTFRtiH y UP COOL DINAToR / • , Wfuteeastee 55303 6 38 -6 n-da nielsO Bethel. edu Dean ?Ns&. Word: TIMOTHY]. Ess n,to DFP.ARmI ENT CHAIR ECONOMICS 638 -6296 % n want td daa4 you a mud j42 qsa «& trC a t4 r-essenhurObethel. edu time / eet a 6 ap se ceetate sot .ar e4f to ay flew.. on Sweat LEO T. GABmEE � '/ BQ.9edeent. l'r/6 e1 seted � aP4ae y4a . 638 6 19 . / ( , a t 4aiutaaFLe eas n�a 638 - 6319 J�l[yztacage bout ate rue" � 'y - Sahriel^s hethel. edu / alga W44 f � N / d� udeee Oa e d ads ens t4, BRIAN D. Hou,I.vD � y tea aided CO seeteeeneeve t4 amuse. ice donut FINANCE 638 -6 330 444 clean eaaeeg6 4j that loos fte4ltl6 la tole 6e[diceefa watt h- holland ®helhel.edu - ( keen �� c 44 d !f few '4 a NCt. mmeta .H THoAs L. JOHNSON atG/a.ea tared drat goo soot ate ex�fra - D `s`"`•" a a ttetfr outface); MARRFtING �[G(.� 638 -6352 a Glad tau a CKdtaat6e'L, a aelettla2, as a benalet meeu t-. ti- johrnun4bethd.edu RuoEmc M. Shirai flo , anal y A( COCNTING 1T:T"' iNa�fW� 638 -6320 rod -smilh @belltel. edu Sacate ey. ROBERT T. WEAVER WIMP: RESOIRCei SMALL BI NNW INSTITUTE i'T �-`(U /+ W 638 -6318 r- wcuverWhethel.edu Re6att 7. Wager, PLD. Thobat 0 etmesteas DEPARTMENT OF BUSINESS AND ECONOMICS 3900 BETHEL DRIVE ST. PALL, MINNESOTA 55112 -6999 612 - 638 -6400 FAx 612 -638 -6001 Time Sayer Off Site Secretarial M inute Samples 277 Corm Rapids Blvd • Suite 410 • Coon Rapids MN 55433 • 6/2- 785 -2463 • Fax 785 -1/67 320 Last Main • Anoka, MN 55303 • 612 -421 -8999 • Fax 421 -9511 UNAPPROVED CITY OF BLAINE ANOKA COUNTY, MINNESOTA CITY COUNCIL MEETING NO. 99 -39 Thursday, June 24, 1999 7:30 P.M. Council Chambers 9150 Central Avenue NE CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE The meeting was called to order at 7:30 P.M. by Mayor Ryan followed by the Pledge of Allegiance and the Roll Call. PRESENT: Councilmembers Clark, Daniels, Kolb, Rose, Swanson, Mayor Ryan, City Manager Roger Fraser, and City Attomey Thomas Sweeney. ABSENT: Councilmember Varian Quorum present. ALSO PRESENT: Terry Dussault, Director of Management Services; Ron Henrickson, Community Development Director; Dave Johnson, Chief of Police; Chuck Lenthe, City Engineer; Jim Peterson, Park and Recreation Director; Roark Haver, Administrative Assistant; Joyce Twistol, City Clerk, and Carla Wirth, tecording Secretary. APPROVAL OF MINUTES - Workshop Meeting — June 3, 1999 - Regular Meeting — June 3, 1999 Action 99 -313 Moved by Councilmember Swanson, seconded by Councilmember Rose, that the minutes of the Workshop Meeting of June 3, 1999, and the minutes of the Regular Meeting of June 3, 1999, be approved as submitted. Motion adopted unanimously. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS None • COMMUNICATIONS (AI 6.1) Councilmember Daniels reported that North Gable Senior Housing was moving forward and named a construction board to function until residents occupy the housing. She named those serving on this board nd estimated HUD approval will be accomplished in three weeks with ground breaking by the end of September. Minutes of the Meeting of June 24, 1999 Page 2 OPEN FORUM FOR CITIZEN INPUT (5 minutes per item, 15- minute time limit). None. Municipal Facilities Update and Receive Public Comments (Al 7.1) The City Manager stated he would like to make comments on the municipal facilities update and to receive public comment. He explained that it had been discovered that additional research would be beneficial to the Council's decision making so a one -month delay has been approved. He identified the three sites under consideration. The audience was asked for comment. Peter Kulzcyk resident, stated his concern regarding the proposal to construct a new City Hall and Police facility. He stated he believed his proposal would save the City of Blaine and its residents several million dollars. He reviewed his background as a former building official and understanding of the need for new facilities, both the City Hall and Police facility. Mr. Kulzcyk stated he reviewed the architecture's proposal and asked what the proposed cost per square foot would be. He suggested the cost, minus the land cost and garages, was projected at $157 per square foot but the building valuation data published by the State of Minnesota identified between $54 and $85 per square foot. Mr. Kulzcyk reviewed his efforts to contact area contractors for their per square foot estimate and was informed they use between $60 and $65 per square foot. He stated his belief the architect's estimate was double that rate due to curved out side walls and resulting additional costs for labor and materials. He stated the projected cost could be reduced by having the plans reviewed by an expert who does not benefit from a raised construction cost. He noted there is a 7% architect fee of the project and a problem arises when construction bid documents are written that leave open opportunity to use the contingency fund of $1 million. He urged the Council to build a quality project for this "blue collar" town. The City Manager stated that Mr. Kulzcyk had mentioned several opportunities that the City had already considered. He clarified that no design has occurred and only spaces had been identified to determine the relative costs. He explained that secure Police facilities result in higher costs than general commercial spaces, and they were using between $107 and $117 per square foot for the facilities. The City Clerk stated those numbers were preliminary and significant contingencies were anticipated to be reduced substantially which will result in a decrease of the actual construction numbers. There were no other comments. ADOPTION OF AGENDA Councilmember Swanson requested that Item 11.13 be considered first. Mayor Ryan requested that Item 11.18 be considered following Item 11.13 since the applicant has been in attendance at two previous meetings. Councilmember Clark requested Item 11.14 be considered following Item 11.9 since those three items were all in the same neighborhood. Action 99 -314 (Al 8) • Minutes of the Meeting of June 24, 1999 Page 3 Moved by Councilmember Swanson, seconded by Councilmember Clark, to adopt the agenda for June 24, 999 as revised above. ' Motion . adopted unanimously. Y 8:00 P.M. - PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (follows Agenda Item 10.17) APPROVAL OF CONSENT AGENDA Councilmember Clark requested the removal of Items 10.1 and 10.16. Councilmember Daniels requested the removal of Items 10.4 and 10.17. Action 99 -315 (Al 10.2, 10.3, 10.5, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, 10.13, 10.14, and 10.15) Moved by Councilmember Kolb, seconded by Councilmember Swanson, that the following be approved: Approve Partial Payments Resolution No. 99 -173, Accept Work and Authorize Final Payment for 1997 Bituminous Overlay, Improvement Project No. 97 -02 Resolution No. 99 -175, Accept Bid for Flanders Street NE from 101st Avenue NE to 105th Avenue NE, Improvement Project No. 98 -04 pprove a Tobacco and Tobacco Products License for Blaine Jubilee IGA Approve a Temporary On -sale 3.2 Percent Malt Liquor License for Sgt. John Rice VFW, Parking Lot - July 4, 1999 Approve a Temporary On -sale 3.2 Percent Malt Liquor License for the Blaine Jaycees for the MN Thunder Game at the National Sports Center on June 27, 1999 Approve a Temporary On -sale 3.2 Percent Malt Liquor License for the Blaine Jaycees for the MN Thunder Game and Blaine's Blazin' 4' Celebration at the National Sports Center on July 2, 3, & 4, 1999 Approve a Carnival License for Funland RBS Inc. at the National Sports Center, July 1 - 4, 1999 in Conjunction with Blaine's Blazin' 4 Resolution No. 99 -178, Approving a Premises Permit for Charitable Gambling, Sgt. John Rice VFW Post 6316 Accepting Quotation for Paving of Trails and Courts at Quail Creek Park Accepting Bid for Landscaping at Quail Creek Park Accepting Quotation for Open Park Shelters for Kane Meadows and Quail Creek Parks ccepting Proposal for Playground Equipment at Kane Meadows Park Motion adopted unanimously. Minutes of the Meeting of June 24, 1999 Page 4 Schedule of Bills Paid (AI 10.1) Councilmember Clark requested clarification of a check written to the Blaine's Blazin 4th Celebration. He asked if an appropriate organization had been determined. The City Manager stated he would check into this item and report back. Resolution No. 99 -174, Accept Bid for Zumbrota Street NE from 89th Lane NE to 90th Lane NE, Improvement Project No. 94 -06E Non - Spine; Edison Street NE from 85th Avenue NE to 87th Avenue NE Alignment, Improvement Project No. 94 -06J; 93rd Lane NE and Dunkirk Street NE in the Plat of St. Clair Park 2nd Addition, Improvement Project No. 98 -21 Councilmember Daniels expressed concern about awarding a bid to a contractor that the City was not satisfied with on a previous project due to the lack of management. She asked if the City was required by law to accept the low bid. The City Engineer stated staff contacted other agencies that have worked with this contractor since the last project and found he was doing adequate work while requiring more supervision. There were no communities, including Coon Rapids, that feel he was an irresponsible contractor so staff recommended the award to the low bidder. Councilmember Daniels noted the second low bid was only $7,000 in difference and asked if, due to the low City staff level, it would be better spent to consider the second low bidder who would not need additional City staff supervision. The City Attorney advised State law requires award of the bid to the lowest responsible bidder. He advised that not completing a job on time might constitute reason for the awarding agency to not consider that bidder a responsible bidder. He stated his understanding that the past problems with this contractor resulted in their low level of supervision. However, if staff believed they were not responsible the Council could award to the second low bidder or reject all bids. Councilmember Rose asked when the last time this contractor was used by the City of Blaine. The City Engineer estimated 1995 or 1996 and pointed out that this contractor was also the low bidder on the Buchanan Street project. Councilmember Rose noted the frequent turnover of construction crews so, since it's been four years, that problem will probably not be on the crews today. She stated her support to consider the award with notification to the contractor that the City will expect performance. Councilmember Daniels asked if there was a method to hold back funding to cover the City's cost for additional supervision. The City Engineer stated he was not aware how that could be accomplished. The City Manager commented on a project of last year where the City was not happy with the construction but the contractor returned to make the repair. He noted that the City has the opportunity to view the project prior to authorizing final payment. Action 99 -316 (Al 10.4) Moved by Councilmember Daniels, seconded by Councilmember Rose, that Resolution No. 99 -174, "Accept Bid for Zumbrota Street NE from 89th Lane NE to 90th Lane NE, Improvement Project No. 94 -06E Non - Spine; Edison Street NE from 85th Avenue NE to 87th Avenue NE Alignment, Improvement Project No. 94- Minutes of the Meeting of June 24, 1999 Page 5 06J; 93rd Lane NE and Dunkirk Street NE in the Plat of St. Clair Park 2nd Addition, Improvement Project lo. 98-21," be approved. Motion adopted unanimously. Schedule of Bills Paid - (Continued) The City Manager stated he was unable to find the information being requested so it will be presented subsequently with the next agenda. Action 99 -317 (Al 10.1) Moved by Councilmember Clark, seconded by Councilmember Kolb to approve the schedule of bills paid less the Blaine's Btazin' 4th manual check. Motion adopted unanimously. Accepting Request for Proposal for the Design of Athletic Field Lights at Airport Park Councilmember Clark advised that the Park Board was unable to meet due to lack of a quorum so he would request a postponement so they have an opportunity to make a recommendation on the design of athletic field lights at Airport Park. The Parks and Recreation Director noted the action before the Council was to request proposals, not award bid. Action 99 -318 (Al 10.16) Moved by Councilmember Clark, seconded by Concilmember Kolb, to accept the Request for Proposal from Bonestroo Rosene Anderlik & Associates, and authorize the City Manager to enter into an agreement for the design of athletic field lights, preparation of plans and specifications for bidding, evaluation of bids received, and field inspections during construction at Airport Park at a cost of $9,800 to be funded from the Special Park Fund. Motion adopted unanimously. Approving Assignment of Exclusive Option Agreement Dated March 3, 1999, to the Blaine Economic Development Authority (EDA) The Community Development Director noted the revision to extend the ability of the Council to consider this option for a period up to 60 days and assign the option agreement. Action 99 -319 (Al 10.17) Moved by Councilmember Rose, seconded by Councilmember Kolb, to approve assignment of Exclusive Option Agreement dated March 3, 1999, to the Blaine Economic Development Authority (EDA). lotion adopted unanimously. 8:00 P.M. • PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME - Continued Minutes of the Meeting of June 24, 1999 Page 6 PUBLIC HEARING — Vacation of Drainage and Utility Easement for Lot 28, Block 1, Radisson Woods, Vacation No. V99 -06 (Al 9.1) Mayor Ryan opened the public hearing at 8:04 P.M. The City Engineer explained the request was the vacation of a drainage and utility easement for Lot 28, Block 1, Radisson Woods. This vacation was being considered to reflect accurate wetland delineation and would allow the applicant to construct a deck off the rear of the house. Minnegasco, Media One, Great River Energy (United Power Association), Connexus Energy, and the Coon Creek Watershed District have contacted the City and have no objection to the vacation. The property owner represents a majority of the affected property owners abutting this easement. Mayor Ryan closed the public hearing at 8:06 P.M. A. First Reading - Ordinance No. 99 -1793, Adding Chapter 146G Action 99 -320 (AI 9.1A) Declared by Mayor Ryan that the reading be waived and Ordinance No. 99 -1793, "Vacation of Drainage and Utility Easement, Lot 28, Block 1, Radisson Woods, Vacation No. V99 -06" be introduced and placed on file for second reading at the July 8, 1999, Council meeting. PUBLIC HEARING — Vacation of Drainage and Utility Easement for Lots 7 and 8, Block 1, TPC 4th Addition, Vacation No. V99 -07 (Al 9.2) Mayor Ryan opened the public hearing at 8:07 P.M. The City Engineer explained the request was for the vacation of drainage and utility easement for Lots 7 and 8, Block 1, TPC 4' Addition. This vacation was for a lot combination that allows for a home to be constructed on two lots. Minnegasco and Media One have contacted the City and have no objection to the vacation. The property owner represents a majority of the affected property owners abutting this easement. Mayor Ryan closed the public hearing at 8:08 P.M. A. First Reading - Ordinance No. 99 -1795, Adding Chapter 1461 Action 99 -321 (Al 9.2A) Declared by Mayor Ryan that the reading be waived and Ordinance No. 99 -1795, "Vacation of Drainage and Utility Easement, Lots 7 and 8, Block 1, TPC 4 Addition, Vacation No. V99 -07," be introduced and placed on file for second reading at the July 8, 1999, Council meeting. PUBLIC HEARING — Vacation of Drainage and Utility Easement for Lot 8, Block 7, Donnay's Northwood, Vacation No. V99 -09 (Al 9.3) Mayor Ryan opened the public hearing at 8:09 P.M. Minutes of the Meeting of June 24, 1999 Page 7 . The City Engineer stated the request was the vacation of drainage and utility easement for Lot 8, Block 7, )onnay's Northwood to allow the applicant to build a shed to within five feet of the lot line. He advised that Minnegasco has contacted the City and has no objection to the vacation. However, Connexus Energy contacted the City and they do object to the vacation as it would restrict the area available to them to safely maintain their infrastructure. Media One has contacted the City with no conflicts with the proposed vacation as long as proper clearance can be maintained between the proposed shed and existing overhead facilities. A property owner directly behind Lot 8 contacted the City and objected to the vacation as the proposed shed would be closer to their property, which they felt would blemish the appearance of their lot. The property owner represents a majority of the affected property owners abutting this easement. The property owner has been contacted regarding the objections. A resident, who resides at 8330 Oak Ridge Point, stated the power pole being mentioned was used by the utility company every time the transformer trips. He stated this vacation was in his back yard and he believes the small shed was actually a small building since it will be constructed on footings. He stated this building was very close to his back yard, in fact closer to his house and patio than to the petitioner's patio. He stated a ten -foot easement exists but the petitioner already set the footings at five feet. He stated he had alerted the petitioner of the need to contact City Hall to assure the setback but he did not take that advice and has now run into problems. He stated he was concerned about issues of aesthetics and suggested that neighbors work together to assure none are impacted. He stated he believes sheds are "tacky" and wished this one would not be built. However, he understands there were property rights to construct it ten feet from the property line. Tom Coughlin, 840 Oak Ridge Trail, stated he did call the City about the specifications to follow and was told it needed to be five feet off the fence line. He stated he had asked City staff about setbacks and indicated ie knew nothing about whether there were easements. Mr. Coughlin stated the building was actually about 5 feet 6 inches from the property line and there was no power pole within the area of the easement vacation. He stated he was not trying to get the shed location as close to his neighbors but, rather, to best utilize his back yard without placing it in the middle of the yard or to conflict with the existing gymnasium set. Mr. Coughlin stated he was going to construct it with a wood floor but found a concrete floor would be less expensive. He asserted he followed all of the City's rules and requested the easement be vacated. Chris Coughlin, 840 Oak Ridge Trail, stated they had a day care operation from their home and this was the only location that would work. She stated Connexus told her they don't want to approve the vacation but didn't appear to strongly object. She noted it was actually only a four -foot vacation. Ms. Coughlin stated they have laid rock around the shed foundation and will plant bushes and flowers to improve the view of the neighbor. Mr. Coughlin recommended that when residents call for information on a permit, the address be given so information can be sent to the resident. He restated the error was an accident and he did not intentionally cause a problem. The City Engineer stated informational booklets were available to residents. He noted that a number of works need a permit and the resident was responsible to ascertain whether a permit was required. If the resident does any work prior to that they were responsible. Dennis Anderson, Connexus Energy, stated they want to be a good community neighbor but it was , ecoming more difficult for them to maintain their utilities when property owners fence through the easement 1r plant trees and gardens. He stated that if anyone else makes a vacation request, he would suggest they be told not to build within the easement. Minutes of the Meeting of June 24, 1999 Page 8 Mayor Ryan asked if a concrete slab had been poured for this shed. The City Engineer stated the applicant asked for a permit to place the slab six feet from the property line and the slab had been poured. Mr. Anderson stated they do need space for maintenance work and to assure service to all customers, such as after a storm. He noted the easement was recorded on the property deed but, if requested by the Council, they would deviate from their preference not to vacate. Councilmember Daniels asked the applicant if the shed could be made smaller from the rear so the slab would exist but not be encompassed by the building. Then a variance could be granted for the slab but not the building. Mr. Coughlin stated that would result in a 6 foot by 16 -foot building. Councilmember Daniels asked if the slab could be added to the other side and the shed shifted. Mr. Coughlin explained he had to dig 18 inches to 2 feet into the ground to place the shed, which disrupted his garden. Councilmember Daniels requested detailed plans so the Council can better understand the situation and what was being requested. The City Manager stated that information could be presented prior to second reading. Councilmember Rose asked if the City's WEB page included information relative to building permits and easements. The Administrative Assistant stated that information was contained on the WEB page. Councilmember Kolb suggested preparation of a list of questions to be asked by staff when residents call in for this type of information. The Community Development Director explained the difficulty in that it was not known what was present on the property until the survey was reviewed. He stated it would require too many questions to determine that issue over the telephone. The Community Development Director noted the methods the City has used to educate residents about this process and stated the best way was to have the resident come into the City Hall so those issues can be identified. Mr. Coughlin stated he was never asked to come into the City Hall to pick up the application or paperwork. He stated if addresses were required, residents would then be required to apply and pay for the required building permit. Councilmember Clark requested copies of the information provided to the public. The City Manager stated this would be provided. It was noted that thousands of shed permits were handled each year and only a small percentage result in problems. Mayor Ryan closed the public hearing at 8:34 P.M. A. First Reading - Ordinance No. 99 -1796, Adding Chapter 146J Action 99 -322 (Al 9.3A) Declared by Mayor Ryan that the reading be waived and Ordinance No. 99 -1796, "Vacation of Drainage and Utility Easement, Lot 8, Block 7, Donnay's Northwood, Vacation No. V99 -09," be introduced and placed on file for second reading at the July 8, 1999, Council meeting. PUBLIC HEARING — Vacation of Drainage and Utility Easement for Lot 5, Block 5, Donnay's Northwood 4th Addition, Vacation No. V99 -10 (Al 9.4) Mayor Ryan opened the public hearing at 8:35 P.M. Minutes of the Meeting of June 24, 1999 Page 9 The City Engineer explained that the request was the vacation of a drainage and utility easement for Lot 5, Block 5, Donnay's Northwood 4 Addition. This vacation will allow the applicant to construct a shed in their ear yard. The easement being vacated was for an electric transmission line installed in 1969. There were actually two separate easements covering the line, one acquired by the United Power Association in 1969 for the construction of the line, and the second easement acquired in 1971 with the platting of Donnay's Northwood 4 Addition. This vacation was only for the platted easement. The current owner of the electric line, Hutchinson Utilities Commission, has granted a waiver to the applicant for the shed construction however they were not relinquishing their access rights. Media One has contacted the City, and they do not object to the vacation. The property owner represents a majority of the affected property owners abutting this easement. Mayor Ryan closed the public hearing at 8:36 P.M. Councilmember Daniels asked if the property owner could be required to remove the building should Hutchinson Power require it. The City Engineer stated that was his understanding as well. Councilmember Daniels stated she would be concerned, if she was the applicant, that this could occur. A, First Reading - Ordinance No. 99 -1797, Adding Chapter 146K Action 99 -323 (AI 9.4A) Declared by Mayor Ryan that the reading be waived and Ordinance No. 99 -1797, "Vacation of Drainage and Utility Easement, Lot 5, Block 5, Donnay's Northwood 4 Addition, Vacation No. V99 -10," be introduced and placed on file for second reading at the July 8, 1999, Council meeting. )EVELOPMENT BUSINESS Resolution No. 99 -190, Authorizing the Temporary Closure of 89th Avenue NE, City of Blaine (LST) Action 99 -324 (Al 11.13) Moved by Councilmember Swanson, seconded by Councilmember Clark, that Resolution No. 99 -190, "Authorizing the Temporary Closure of 89 Avenue NE, City of Blaine," be approved. The Community Development Director stated in November 1998, the Northtown Neighborhood Volunteer Group made a proposal to the City Council that requested a closure of 89 Avenue NE east of Highway 65 and immediately after its intersection with the frontage road. The group believes that by making 89`" Avenue a dead end road at the above described location drivers will no longer be allowed to cross Highway 65 to specifically use neighborhood streets as a short cut to 85 Avenue. In addition, neighborhood residents were concerned with the speed at which the traffic was traveling through the neighborhood. The Community Development Director advised that 24% responded to a survey with an even result related to the closure. He noted the information from the Police and Fire Departments. Bernadette Bergman, duplex owner of 1601 and 1603 85th Avenue NE, commented on the traffic problems they experience on 85th Avenue as well as Davenport Street which have become monumental. She reported on her activity with the Neighborhood Initiative and stated she does not believe the opening of Highway 118 will improve their traffic problems. She stated she originally supported a permanent closing of 89th Avenue as well as 87th Avenue from the service road. She stated they held many conversations on lifferent proposals and then met with City staff who informed her and two others that the closing of 87th Avenue was not an option. Minutes of the Meeting of June 24, 1999 Page 10 Ms. Bergman stated that in other communities, four to five foot high walls have been erected along high traffic corridors to protect residential neighborhoods. She stated that she did not feel that asking for the closing of 87th and 89th Avenue was doing more than that; protecting the neighborhood and its children. Ms. Bergman stated she has witnessed heavy traffic loads, speeding traffic, ignoring of stop signs, detouring traffic through this residential neighborhood, and children playing in the streets or coming into the street to retrieve a ball. She suggested the speed estimates were under rated since drivers most often slow their vehicle when they see a speed trailer. Ms. Bergman stated the Initiative was going to draft a proposal to the Council and then it was teamed that some neighbors were not aware of their initiative and had been working with City staff to address their concerns. She advised that at a meeting held one resident of a dead end road adamantly objected to a closure and another from outside of the area objected to the closure because he used it as a cut -thru route. Ms. Bergman stated that as a result of that meeting and indication there was no understanding or respect of property along Davenport Avenue by drivers through the neighborhood, she walked out of the meeting and has not participated further. She stated she still supported closing 89th Avenue to eliminate cut -thru traffic. She suggested the only option to protect the neighborhood children was to close 89th Avenue and she felt that not closing 87th Avenue should still impact their safety. Ms. Bergman stated she understands those living on 89th Avenue may not be in support, but she believed it was the only option. She pleaded with residents to think of the entire neighborhood as opposed to their own single interest. Debbie Lovett, 1544 87th Avenue, reviewed a route she walked through the neighborhood to circulate a petition. She reported that 82 residents were against the closure of 89th Avenue and 10 were in support of the closure. She stated that in presenting the petition to close 89th Avenue, she asked one question: if you were southbound on Highway 65 wouldn't you turn on 85th Avenue or would you take 89th Avenue and use the frontage road to come home. The majority said the frontage road because of the hassle of 85th Avenue. She stated that there were 50 children and four more expected in this neighborhood. She stated there was a park across the street with a ball field and putting traffic on 87th Avenue may cause more safety concems. She suggested posting a counter to determine how many use 87th Avenue off the frontage road for one week, place the temporary barrier and do another one week count to determine how the traffic on 87th Avenue will be increased. Becky Butler, 8755 Baltimore Street, stated she was a 15 -year resident and when the petition was presented to her, it was obvious Ms. Lovett was against the closure. Ms. Butler stated she had already signed a petition in support of the closure to increase safety. She stated she plans to live in this neighborhood for many more years and does not want to cause any more problems but would support a temporary closure. She advised there was a problem with speeding traffic and littering and she feels strongly about this issue. Amy Tumock, 8809 Davenport Street, stated she was a 7 -year resident with 5 children and had noticed an increase in traffic which she believed was a result of cut -thru traffic to avoid the signal light, not neighborhood traffic. She stated she was not asked to sign the petition but would have signed in support of temporary closure to see what happens with the traffic. She stated if it was made more difficult to cut thru, drivers would realize it does not save time. Jennifer Nelson, 8817 Central Avenue, stated she has 13 brothers and sisters who like to run to the street. She stated they do not need any more traffic due to the closure. She stated that she does not want to see any of the neighborhood children hurt and she believed a closure would make the traffic worse. She stated there were a lot of children in this neighborhood and she does not support the closure. Minutes of the Meeting of June 24, 1999 Page 11 Robert Siedlecki, 8535 Baltimore Street, stated he uses 89th Avenue to go to Northtown Shopping Center and the grocery store. He stated if the road was closed, it would bring traffic down Baltimore Street to the rontage road so it would not benefit his block. He stated he does not support the closure. Robert Hapy, 8800 Baltimore Street, stated his agreement that there was a lot of cut -thru traffic on Baltimore Street that travels at a very high speed. He stated they experience high traffic levels all day but it was higher during peak hours. Mr. Hapy stated this was a problem and he does not want the traffic on his street either. He stated he did not support the petition that was circulated. He stated he would be inconvenienced since they use 89th Avenue and understand it will push traffic to other roads, but he supported the closure. Mr. Hapy stated that drivers of a licensed vehicle have the right to traverse on any street they want but this was a behavior that needs to be changed. He suggested that the placement of a barrier would do that and discourage cut -thru traffic, reduce the speed, and the level of traffic. A resident, who resides at 8811 Goodhue Street, agreed the barricade would lessen the traffic to Davenport and Baltimore Streets but it would increase the traffic to the service road and Goodhue Street. He asked if sidewalks or bike trails were an option to increase the safety of children. He suggested that a police presence might help lower the speed of the vehicles. He also suggested that parents take the responsibility to keep kids out of the road. He stated that closing a road for only two blocks will not benefit everyone and it will only detour the traffic to another street. A resident, who resides at 8783 Davenport Street, stated they were home last night but the survey was not presented to them or several of their neighbors. She stated she participated in the Initiative group for 7 months and they did think about the safety of all neighborhood children, not just those on Davenport and Baltimore Streets. She stated it was a safety versus a convenience issue and she supported the temporary closure to see what happens. Mayor Ryan stated that between the input provided tonight, telephone calls, and letters, the Council has an understanding of the issues. He commented on the growing problems with traffic levels and rate of speed. He stated that other closures have resulted in forcing that traffic to other streets and speed bumps must be paid for by those living on the street. Councilmember Swanson asked why the temporary closure term was one year instead of a shorter period of time. The Community Development Director explained the original request was for a permanent closure that was reduced to one year. He suggested that a period of three months would probably provide an indication of whether the total number of trips were reduced or simply diverted. The City Engineer stated that he does not know that a one -year period was a "magic number" but it may take two to three weeks to erect a barrier during which time monitoring could be conducted. Then, during the barricade, additional monitoring can be conducted. Councilmember Swanson stated he believes a massive traffic problem exists and it appeared the entire neighborhood recognized that but had different ideas about the solution. The City Engineer suggested allowing monitoring until the second Council meeting in October. Action 99 -325 (AI 11.13) 'loved by Councilmember Swanson, seconded by Councilmember Rose, that Resolution No. 99 -190, Authorizing the Temporary Closure of 89" Avenue NE, City of Blaine," be amended to indicate submittal of the report not later than the second Council meeting in October, 1999. Minutes of the Meeting of June 24, 1999 Page 12 Councilmember Rose stated the Council has heard about this issue for some time and all agree that there was a traffic problem in their neighborhood. However, traffic was the number one complaint heard by the Council from all neighborhoods in the City. She stated a concern for setting a precedent and suggested there may be other altematives to reduce the level and speed of traffic. Councilmember Rose stated she believes speed humps were an option that would help and asked if a stop sign could be erected mid - block. The City Engineer stated that a mid -block stop sign would not meet warrants and suggested a legal opinion be requested on what that option may result in. Councilmember Rose stated she preferred to find other altematives than a street closure. Councilmember Daniels stated she was also concemed about a precedent and noted the Council had told other neighborhoods that closure was not an option and speed humps were an option. She recognized the contribution of the Initiative but noted that this along with all factors must be considered to arrive at the best solution. She noted the message from the Police Chief indicating he did not support the closure due to slowing the arrival of emergency services. Councilmember Daniels stated she cannot support the closure even on a temporary basis and suggested the pedestrian traffic be removed from the streets with sidewalks and trails. Councilmember Swanson stated the neighborhood has brought forward a problem but the neighborhood was not being given a solution. He asked if the City should consider paying the cost to install a speed hump to see if it really works. Councilmember Swanson asked if this neighborhood could be considered on a trial basis. Councilmember Daniels stated her support for this trial. Councilmember Clark stated he was torn on this issue. He noted the neighborhood was unanimous in saying there was a traffic problem. He stated he believed a closure of 89th Avenue would only divert the traffic, not solve it. Councilmember Clark stated that he would be disappointed if a plan of action was not determined tonight. He stated if the closure was a test, then the Council needed to be prepared to approve a permanent closure if the test was successful. He stated he was not ready to support a permanent closure. Mayor Ryan stated the problem with a speed hump was that all need to deal with it and it can cause damage to vehicles. He asked if another neighborhood had installed speed humps. The City Engineer stated there were inquiries but no speed humps have been installed. Councilmember Swanson stated if the City was suggesting speed humps as a possible remedy, they should be able to prove they are successful. The City Manager stated the neighborhoods have been invited tonight to talk about the problems that confront them but the issue was finding a practical solution. He stated it seems one thing not well confronted was that if infrastructure was going to work, it couldn't be assumed that the original design would continue to work as development occurs. He stated he believed the closure was inconsistent with the City's policies and practices due to it closing off neighborhoods and limiting interior neighborhood circulation. He suggested staff explore the suggestion of installing a speed hump or two on one of the streets as a test. The City Manager explained that if the speed hump was properly engineered, it does not hinder snow removal. Vote on the amendment: AYES: Councilmember Swanson. • NAYS: Councilmembers Clark, Daniels, Kolb, Rose, and Mayor Ryan. Minutes of the Meeting of June 24, 1999 Page 13 The amendment failed. AYE: None. NAY: Councilmembers Clark, Daniels, Kolb, Rose, Swanson, and Mayor Ryan. Motion failed. Action 99 -326 (Al 11.13) Moved by Councilmember Swanson, seconded by Councilmember Daniels, to direct staff to submit a report on speed humps on a controlled street and other traffic control they identify to the Council at a Workshop and then to a neighborhood meeting within one month. Councilmember Clark indicated support for staff to provide a recommendation for traffic control on Baltimore Street, Davenport Street, and the Service Road. Motion adopted unanimously. Second Reading - Ordinance No. 99 -1794, Vacation of Drainage and Utility Easement for Lot 6, Block 1, Heatherwood 3rd Addition, Vacation No. V99 -08, Adding Chapter 146H Action 99 -327 (Al 11.18) Moved by Councilmember Rose, seconded by Councilmember Kolb, that the reading be waived and Ordinance No. 99 -1794, "Vacation of Drainage and Utility Easement Lot, Lot 6, Block 1, Heatherwood 3" Addition, Vacation No. V99 -08," be approved. Motion adopted unanimously. Resolution No. 99 -160, Granting a Variance to Place a Pole Building in the Side Yard, Gene and Vicki Bebeau, 4800 — 125th Avenue NE, (Case File No. 99- 36 /SLK) POSTPONED FROM 6 -3 -99 Mayor Ryan stated this item had been postponed and the motion on the floor from the June 3, 1999 meeting was to approve. The Community Development Director explained this item was postponed at the June 3, 1999, meeting in order to obtain information from the City Forester regarding trees on the lots as well as the type of structure being constructed on the site. Currently, the zoning ordinance that regulates FR (Farm Residential) properties requires accessory buildings and detached garages to be placed in the rear yard only. The applicant was proposing to place a pole building in the side yard to the east of the existing home constructed with a concrete floor and slate blue vertical steel siding to closely match the color of the existing home. The proposed pole building would be approximately 1,200 square feet in size. The applicant was proposing to use the pole building for the storage of a boat, garden tractors, seasonal items, and a car. The applicants' property was unique to some extent in that it has a large wetland located within its boundaries. The site was also heavily wooded. If the variance was granted the pole building would be located approximately 440 feet off of 125 Avenue NE. Because of the distance and amount of tree cover, the pole building would likely not be visible from 125 Avenue. However, there was not enough evidence in this case to prove an undue hardship exists for the property owners. Councilmember Rose stated she has the same concems regarding input from the City Forester who indicated the proposed location was not the best in terms of tree preservation. She noted that this was a five -acre parcel and stated she does not support the variance. Minutes of the Meeting of June 24, 1999 Page 14 Councilmember Daniels concurred and stated she supported the City Forester's recommendation for a location to the rear of the house, which requires no variance. Councilmember Clark asked if there was a wetland boundary in the rear of the lot. The Community Development Director stated it was not relevant. Gene Bebeau, 4800 125th Avenue NE, applicant, stated his land slopes down to the wetland so more fill would be needed and if the shed was located to the rear of his house, it would impact more trees, and result in a 50 foot driveway. He noted the City Forester's report references four trees, one being large but it was rotting through the center and needs to be removed. Of the other three, one was a poplar tree and the others were two eight -inch diameter basswood trees. Mr. Bebeau stated he wants to be able to back his boat into the garage but if the orientation were rotated, he would not be able to access the building. He stated he wished the Building Inspector would visit the site. He stated for the building to be viable, it needed to be located as proposed. He stated he will remove a flowerbed and fence for his preferred location and wanted to keep the driveway length to a minimum. The City Manager stated the City Forester's letter recommended even if the location behind the house was used, the driveway would still go through which would impact those same trees. Mr. Bebeau concurred and stated the oak trees are, to him, very valuable. Councilmember Daniels asked if the altemate site would still require a variance. The Community Development Director stated the City Forester indicated the alternate site would have less impact but she understood the property owner strongly preferred his location. Councilmember Rose stated she was recommending the location farther back so the building would not be pivoted and could be accessed. Mr. Bebeau stated that location would result in more trees being impacted, a driveway that was 50 feet longer, and he and his two neighbors would have a view of the pole barn. Councilmember Kolb agreed that the only hardship was the length of the driveway. She stated she understood this was a significant financial hardship but she could not support it as a true hardship. Councilmember Kolb stated she was unable to support the variance due to the lack of a hardship. Mayor Ryan stated this was not a typical situation since the building would be over 400 feet off the road. Councilmember Daniels stated the Council was not satisfied with this plan and was asking the applicant to come back with an altemate plan. Mr. Bebeau stated this was a pole bam and there were no alternate plans. Councilmember Swanson asked if there would be a benefit to having the Building Inspector view the site and add his recommendation. The City Manager stated his concern was that there has been a number of other more substantial variance requests that were denied due to lack of a hardship. Councilmember Clark stated that while he would like to consider approval, the Council needs to have rationale to base that decision on. Mr. Bebeau stated he was not in a hurry to construct the building and would prefer the delay to obtain another opinion. Minutes of the Meeting of June 24, 1999 Page 15 Councilmember Daniels stated the applicant might need to consider hiring a professional to design an Iternate that will work. She stated she does not support pole barns anywhere in Blaine and the City's Wilding Inspectors were already overworked. She stated her belief it was the applicant's responsibility to come back with an alternate. Action 99 -328 (Al 11.1) Moved by Mayor Ryan, seconded by Councilmember Clark, that Resolution 99 -160, "Granting a Variance per Sections 27 -05 and 29 -05(1) of the Zoning Code of the City of Blaine Gene and Vicki Bebeau, 4800- 125th Avenue NE," be postponed to the July 22, 1999 Council meeting. AYES: Councilmembers Clark, Daniels, Rose, Swanson and Mayor Ryan NAYS: Councilmember Kolb Motion adopted. North Suburban Development, Inc., 3rd Street Between 101st and 102nd Avenues NE, (Case File No. 99- 06 /BKS) (AI 11.2) A. Second Reading — Ordinance No. 99 -1791, Granting a Rezoning from FR (Farm Residential) to DF (Development Flex); action 99 -329 (Al 11.2A) Moved by Councilmember Rose, seconded by Councilmember Kolb, that the reading be waived and Ordinance No. 99 -1791, "Amending the Zoning Code of the City of Blaine so as to Provide Changes in the Zoning Classification," be approved. The Community Development Director stated the application for rezoning applies only to the area of land that lies east of the Third Street alignment. Currently this approximately four -acre area was zoned FR (Farm Residential) with a Comprehensive Plan designation of MDR (Medium Density Residential). The proposal to subdivide this area into 22 detached townhomes was consistent with the MDR (Medium Density Residential) land use but cannot be accomplished with the FR (Farm Residential) zoning. The applicant has chosen DF (Development Flex) zoning to implement the desired standards for the site development and construction of the 22 detached townhomes. The alternative zoning of R -3B (Medium Density Residential) was not a practical option in this instance since it contains very few standards which were applicable to detached townhomes nor does it mention detached townhomes as a permitted or conditional use. The Community Development Director noted the vacant building which staff recommended be demolished within 12 months but the applicant requests 18 months. Mayor Ryan asked if the street extends to the funeral parlor property to provide them another access point. The Community Development Director stated he assumed it would. Councilmember Swanson noted this was one of the locations with a wooded area which the City Forester was requested to look at in relation to open spaces. The Community Development Director stated the entire ite had some trees but they were primarily on the north portion of the site. He noted the proposed fencing nd trees to be saved. He also noted those that would be removed from the site and indication of the City Forester that this was an oak wilt center that had been severely impacted so it would not be highly recommended for preservation. Minutes of the Meeting of June 24, 1999 Page 16 Councilmember Daniels stated the neighborhood was supportive of this proposal and addressing the building. She stated she had no problem with removal in 12 months and asked if they should be required to properly maintain it to assure there was no graffiti. The Community Development Director stated the City had an ordinance to suitably address that situation. Jack Menkveld, President of North Suburban Development, stated that removing some of the brush and bike trails would help with the building maintenance problems. He reported on the large amount of debris that had already been removed from the site. Councilmember Daniels stated she wanted to assure the building was not vandalized. Mr. Menkveld stated they also want the building maintained and he believed that having people present at the site on a daily basis would resolve that problem. Mr. Menkveld reported they have contracted with a company to remove the canopy. Councilmember Clark expressed concem with the close setbacks between units. The Community Development Director noted that a typical residential home has a ten -foot setback for the house and five - foot setback for the garage. He stated that this type of housing does place the units close together, which was the proposal for this style of housing rather than a zero lot line style of housing. Motion adopted unanimously. 8. Resolution No. 99 -179, Granting a Conditional Use Permit to Construct Townhomes under the DF (Development Flex) Zoning; • Action 99 -330 (Al 11.28) Moved by Councilmember Daniels, seconded by Councilmember Kolb, that Resolution No. 99 -179, "Granting a Conditional Use Permit Per Sections 27.03, 29.80 and 30.15 of the Zoning Code of the City of Blaine, North Suburban Development, Inc., 3r Street Between 101" and 102n Avenues, University Park Addition," be approved. Motion adopted unanimously. C. Resolution No. 99 -180, Granting Preliminary Plat Approval to Subdivide Approximately Seven Acres into 24 Lots To Be Known as University Park Addition. Action 99 -331 (Al 11.2C) Moved by Councilmember Rose, seconded by Councilmember Kolb, that Resolution No. 99 -180, "Granting Preliminary Plat Approval Per Section 18- 4(C)(1) North Suburban Development, Inc. 3' Street Between 101s and 102 Avenues, University Park Addition," be approved. Motion adopted unanimously. Resolution No. 99 -181, Granting Final Plat Approval to Subdivide 4.9 Acres into 14 Single Family Lots To Be Known as Jackson Place 2n Addition, North Suburban Development, Inc., 101st Lane and Jackson Street NE, (Case File No. 99- 17 /SLK) Action 99 -332 (AI 11.3) Minutes of the Meeting of June 24, 1999 Page 17 Moved by Councilmember Rose, seconded by Mayor Ryan, that Resolution No. 99 -181, "Granting Final Plat 1pproval Per Section 18- 3(3)(g) of the Subdivision Ordinance, the City of Blaine, North Suburban )evelopment, Inc., 101" Lane and Jackson Street NE," be approved. The Community Development Director stated the applicant was proposing to subdivide a parcel totaling 4.9 acres into 14 single family lots. All lots would contain adequate square footage, lot width, and depth to meet the R -1 (Single Family) requirements. Lots 1 and 3 -5 have widths of 90 feet and depths of approximately 146 feet. Therefore, these lots were larger than the R -1 (Single Family) lot size requirement. He advised that the proposed plat was consistent with the revised concept plan for the Jackson Street area. There were significant stands of trees as well as significant individual trees that should be preserved by custom grading the lots. The final plat was consistent with the approved preliminary plat, Resolution No. 99 -94. Motion adopted unanimously. Resolution No. 99 -182, Granting a Conditional Use Permit for Outdoor Seating of Four Tables, Leeann Chin Chinese Cuisine, 101 — 89th Avenue NE, (Case File No. 99- 52/SLK) Action 99 -333 (Al 11.4) Moved by Councilmember Daniels, seconded by Councilmember Swanson, that Resolution No. 99 -182, "Granting a Conditional Use Permit Per Section 30.24(r) of the Zoning Code of the City of Blaine, Leeann Chin Chinese Cuisine, 101 -89"' Avenue NE," be approved. The Community Development Director noted the letter from the applicant relating to the requirement to close the drive thru. The City proposed it be left as it was until June 1, 2001 but the applicant was requesting it be allowed to remain indefinitely. Councilmember Daniels noted the landscaping concem along the front of the roadway and who was responsible for it. The Community Development Director stated this was clarified in the proposed resolution. Leah Greenwood, real estate manager of the applicant, stated they were not the property owners. She explained that the C & L Group of Orlando, Florida is the owner, addressed this issue with them, and said under no circumstances were they willing to remove the drive thru since they believe it would diminish the value of the property. She stated that written indication would be forthcoming. The applicant advised they have blocked access to the drive thru on both ends with planter boxes that were being maintained. She stated they have also closed off the drive thru window but their business was growing rapidly and they hope to be able to utilize the drive thru. Action 99 -334 (Al 11.4) Moved by Councilmember Clark, seconded by Councilmember Daniels, that Resolution No. 99 -182, "Granting a Conditional Use Permit Per Section 30.24(r) of the Zoning Code of the City of Blaine, Leeann Chin Chinese Cuisine, 101 -89 Avenue NE," be amended to delete Condition 3. The amendment was adopted unanimously. Amended motion adopted unanimously. Resolution No. 99 -183, Granting Preliminary Plat Approval to Subdivide Approximately Nine Acres into Two Lots To Be Known as Welle Addition, Louis A. Welle, Highway 65 and 129th Avenue NE, (Case File No. 99- 45/SLK) Minutes of the Meeting of June 24, 1999 Page 18 Action 99 -335 (Al 11.5) Moved by Councilmember Rose, seconded by Councilmember Clark, that Resolution No. 99 -183, "Granting Preliminary Plat Approval Per Section 18- 4(C)(1), Louise A. Welle, WeIle Addition, Highway 65 and 129"' Avenue NE," be approved. The Community Development Director stated the Welle Auto facility has been operating from this site since 1980. The owner has recently reached an agreement to sell the undeveloped portion of the site to another retail use. To accomplish the sale the parcel must first be subdivided. The proposal was to create two lots, one of which will contain 3.98 acres and will be sold for development. Both Tots were served with sanitary sewer and water services in 1990. This property had not participated in a public storm sewer project and no storm assessments have been levied. The developer will be required to provide storm water ponding on site for Lot 1. The Community Development Director advised a financial guarantee is required in the amount of $12,000 to assure completion. He explained the applicant has indicated that amount was too high but it was lower than the standard 150% requirement. Jeff Johnson, legal representative for Louis Welle, stated they were not objecting to posting security but whether it was reasonable to require the curb and gutter to be installed in an existing facility when the facility was not being changed. He explained they were subdividing a property and creating another parcel which would expand the tax base of the City. Mr. Johnson stated the site plan would provide for water ponding that was attractive and necessary for the area. He stated they looked at the conditions of approval contained in the City Code but the installation of curb and gutter was an economical issue and would require the regrading of a fair portion of the parking lot to assure adequate drainage. Mayor Ryan stated this had been a standard requirement for sites along Highway 65 and other parts of the City as well. Mr. Johnson asked if this had been required when there was no physical change to the building. Councilmember Kolb noted the existing building was not being changed but the property was being split. She stated this was a different circumstance and the applicant has the understanding that those requirements were required of the new site. She indicated support to remove Conditions 1 and 2. Action 99 -336 (Al 11.5) Moved by Councilmember Kolb, seconded by Councilmember Clark, that Resolution No. 99 -183, "Granting Preliminary Plat Approval Per Section 18- 4(C)(1), Louise A. Welle, Welle Addition, Highway 65 and 129`" Avenue NE," be amended to remove Conditions 1 and 2. The City Manager clarified that these requirements have nothing to do with the Highway 65 Overlay District but, rather, to bring the property up to the standard requirements that were placed on everyone in the City. Councilmember Clark stated he failed to see what had triggered the requirement to the existing building when that use has not changed. He stated he would also support removal of Condition 3 but it appeared the applicant was willing to work with the City on that issue. Mayor Ryan noted the requirements placed on Central Gas. Councilmember Daniels stated that any change to the site, not just improvements to the building, trigger the requirement. Minutes of the Meeting of June 24, 1999 Page 19 Mr. Johnson noted the wording of the Highway 65 Overlay District and stated he could find nothing indicating that it became effective when a parcel of land was divided from an existing parcel. The City Manager restated that this issue does not involve the Highway 65 Overlay District, but to require the property to be partly brought up to Code. Mr. Johnson reviewed his participation in the Wyatt project where they were not required to bring the buildings up to Code. The Community Development Director stated this does not bring the entire project up to Code either but does cause a minimal effort to bring the property up to some semblance of balance. Councilmember Swanson stated this was a policy issue that had been applied to other properties. He stated if the Council wanted to change the policy, they should do that and if the applicant wished, he could reapply after that policy change. Councilmember Clark stated his support to change that policy and noted that the applicant may wish to postpone his request. Mayor Ryan noted the money that had been spent to upgrade Highway 65 and agreed that these issues were difficult and sometimes result in the loss of a business. Councilmember Rose stated that what the City was trying to accomplish was a compromise to bring a long- term business into partial compliance. She stated residents have firmly indicated they support these standards. She stated that while this would not meet the full standards, it would result in an improvement. Councilmember Clark stated the debate was what triggered the requirement for Code compliance and he ailed to see that a lot split should be that trigger. Vote on the amendment: AYES: Councilmembers Clark and Kolb NAYS: Councilmembers Daniels, Rose, Swanson, and Mayor Ryan The amendment failed. Mr. Johnson stated he addressed Condition 10 with staff to provide on -site storm water ponding. He stated his understanding that would be addressed through the Lot 1 site plan submittal. The City Engineer stated the design of the pond would ultimately occur when site plans were submitted for the newly created parcel. The Community Development Director stated the interpretation was not that it would be shown on the plat but to recognize that as it was developed, there would need to be on -site ponding. Mr. Johnson stated with that understanding it was acceptable. The vote on the motion under Action 99 -335 was: AYES: Councilmembers Daniels, Rose, Swanson, and Mayor Ryan. NAYS: Councilmembers Clark and Kolb Motion adopted. Minutes of the Meeting of June 24, 1999 Page 20 Resolution No. 99 -184, Granting a Conditional Use Permit Amendment to Reduce the Side Yard Setback from 50 Feet to 36 Feet, Moharram and Karen Akbari, 3300 Rodeo Drive NE, (Case File No. 99- 41 /LST) Action 99 -337 (Al 11.6) Moved by Councilmember Rose, seconded by Councilmember Daniels, that Resolution No. 99 -184, "Granting a Conditional Use Permit Amendment Per Section 27.04 of the Zoning Code of the City of Blaine, Moharram and Karen Akbari, 3300 Rodeo Drive NE," be approved. The Community Development Director stated the applicant was requesting, under the DF (Development Flex) zoning, an amendment to the Conditional Use Permit which would allow the construction of a new home with a 36 -foot side yard building setback on both sides of the home rather than the 50 foot side yard setback generally envisioned. The applicant was proposing to construct a home of approximately 2,535 square feet with a footprint width of approximately 77 feet. Given the lot width of 198 feet at the front edge of the site and the lot's tapered dimensions, the required 50 -foot side yard setbacks were not practical for the type of upper scale home expected in the North Oaks West development was to be constructed on this lot. The front of the lot was lower and contained some wetlands that pushed the home farther back onto the lot. The Community Development Director noted another unresolved issue was the location of the septic system that the property owner can address tonight. Moharram Akbari, applicant and buyer of the property, stated he selected this lot because of the large size and wetland areas. He stated they have no choice on the location due to the impact to trees and need for fill. He stated they spoke with a septic system designer about the size and location and there were no options but to build the house in this location. Craig Fisher, 3250 Rodeo Drive, stated he had questions about the difference between a variance and conditional use permit amendment. He stated that with a conditional use permit a hardship was not needed and he was concerned about the integrity of the entire area. He noted the original setback was 50 feet. Mr. Fisher stated that his back yard will lose its privacy and his house may not be salable. He stated another concern was that there was a purpose for the original requirements and they should not be compromised. He suggested the applicant be required to find an altemative even if it required additional fill. Mr. Fisher urged the Council to take a stand and not compromise these requirements by approving this request. He noted the size of the house and large (42 feet long) garage being proposed. He asked if the consideration was to increase the tax base or uphold the requirements. The Community Development Director stated the 50 foot setback requirement was part of the Development Flex zoning so to change the setback, the development plan, which was established through a conditional use permit, must be amended. Mayor Ryan noted the key was where the percolation tests identified the best location for the septic system. Mr. Akbari stated the side elevation contained only one window and they may reduce the size of the attached garage from a four -car to a three -car garage if they were allowed to construct a detached double garage at a later date. He noted this was not the first time the Council had considered such an amendment. He asserted that they were not asking for something unusual that had not been granted to others. The Community Development Director stated he was not able to indicate whether a detached garage could be constructed in the rear lot. Councilmember Clark stated he would not support the variance because going from a four -car garage to a three -car garage was not a hardship consideration, but a luxury. Minutes of the Meeting of June 24, 1999 Page 21 Mayor Ryan noted that this was not a variance so a hardship consideration was not pertinent. : ouncilmember Swanson asked if the amendment was still needed with a reduced garage size. Mr. Akbari stated the surveyor indicated it was needed but was reduced. Mr. Fisher stated that because of the pie- shaped lot, if one garage was eliminated and the house moved five feet forward, an amendment would not be needed. The Community Development Director estimated a four - foot variance would be needed. Mr. Akbari stated he does not know how the house can be shifted and explained they want the house to be aligned with others as well. He stated moving the house forward would impact their privacy. Councilmember Kolb stated a higher consideration would be to assure proper facilities to the house rather than the size of the garage. AYES: Councilmembers Daniels, Kolb, Rose, Swanson, and Mayor Ryan. NAYS: Councilmember Clark. Motion adopted. Resolution No. 99 -185, Granting Preliminary Plat Approval to Subdivide 3.77 Acres into Three Single Family Lots To Be Known as Edison First Addition, Oakwood Land Development, Edison Street NE, (Case File No. 99-44 /LST) ",ction 99 -338 (Al 11.7) Moved by Councilmember Rose, seconded by Councilmember Kolb, that Resolution No. 99 -185, "Granting Preliminary Plat Approval Per Section 18- 4(C)(1), Oakwood Land Development, Edison First Addition, Edison Street NE," be approved. The Community Development Director explained the location of the proposed plat was the east side of Edison Street NE and south of 87"' Avenue NE. Oakwood Land Development was proposing to develop three single - family lots on this property and one outlot. All proposed lots meet the minimum lot size requirements of the single - family zoning district. A cul-de -sac would be constructed on the north end of Edison Street with Project 94 -06J. Construction of street, storm drainage improvements, sanitary sewer and water main was scheduled to begin in July and be completed this fall. The outlot consists mostly of wetlands and will be deeded to the City at the time of final plat approval. The proposed plat also shows that an existing stand of aspen trees will be preserved along the east edge of the plat. Motion adopted unanimously. Resolution No. 99 -186, Granting Preliminary Plat Approval to Subdivide 2.88 Acres into Five Single Family Lots and One Outlot To Be Known as Edison Second Addition, Oakwood Land Development, Edison Street NE and 87"' Avenue NE, (Case File No. 99-49 /LST) Action 99 -339 (Al 11.8) "oved by Councilmember Daniels, seconded by Councilmember Kolb, that Resolution No. 99 -186, ;ranting Preliminary Plat Approval Per Section 18- 4(C)(1), Oakwood Land Development, Edison Second Addition, Edison Street NE and 87 Avenue NE," be approved. Minutes of the Meeting of June 24, 1999 Page 22 The Community Development Director noted the location and stated the City will be installing sewer, water, street and storm sewer improvements along Edison Street with Project 94 -06J. Construction was scheduled to begin in July and to be completed this fall. Oakwood Land owns a 2.88 -acre parcel that fronts on Edison Street and was proposing to create five single - family lots that were consistent with the R -1 (Single Family) standards. With the combination of two lots, the developer was able to create five single - family lots as shown on the updated Development Guide Plan. Motion adopted unanimously. Resolution No. 99 -187, Granting Preliminary Plat Approval to Subdivide One Acre into Three Single Family Lots To Be Known as Sugar Woods Second Addition, KG Development, Inc., 92nd Lane and Edison Street NE, (Case File No. 99- 48 /SLK) Action 99 -340 (Al 11.9) Moved by Councilmember Daniels, seconded by Councilmember Rose, that Resolution No. 99 -187, "Granting Preliminary Plat Approval Per Section 18- 4(C)(1), Oakwood Land Development, Sugar Woods Second Addition, 92n Lane and Edison Street NE," be approved. The Community Development Director stated the applicant was proposing to subdivide based on services that were installed in 92"" Lane NE. The applicant had reached an agreement with the two existing property owners. The three new lots would have access off 92"" Lane NE. The west 35 feet of the proposed plat (Outlot A) would be held until the property owner adjacent to the west was ready to develop. Outlot A, when combined with property adjacent to the west, would create two additional residential lots. Motion adopted unanimously. Resolution No. 99 -191, Granting a Waiver of Platting for a Lot Split, Frank Feela, Edison Street NE, (Case File No. 99- 47 /LST) Action 99 -341 (Al 11.14) Moved by Councilmember Daniels, seconded by Mayor Ryan, that Resolution No. 99 -191, "Granting a Waiver of Platting Per Section 18- 9(B)(2) of the Subdivision Regulations of the City of Blaine, Frank Feela, Edison Street NE," be approved. The Community Development Director noted the location of this property and stated the applicant had requested the waiver of platting to create another single family lot at the west end of Edison Street NE and directly south of the 87 Avenue alignment. Motion adopted unanimously. First Reading — Ordinance No. 99 -1798, Granting a Rezoning from B -2 (Community Commercial) to DF (Development Flex), Emerald Custom Homes, 131st Avenue NE, (Case File No. 99- 42/SLK) The Community Development Director explained the request was for rezoning from B -2 (Community Commercial) to DF (Development Flex) He noted the location of these unique lots which were 70 feet wide but exceed the square footage requirement. The Community Development Director explained the Planning Commission voted 6 -0 to recommend the rezoning, Comprehensive Plan amendment, preliminary plat, and Conditional Use Permit. There were comments at the public hearing from neighboring property owners with concerns about fill and the adjacent animal hospital. Minutes of the Meeting of June 24, 1999 Page 23 Councilmember Daniels stated with other animal hospitals, dogs are not allowed to be kept outdoors and asked why it was allowed on this neighboring property. The Community Development Director stated that use might have been in existence prior to that requirement. Councilmember Daniels asked if those rules could be changed if complaints were received. The Community Development Director stated sufficient complaints to find a nuisance would have to be received. Councilmember Clark asked about the zoning of the homes immediately to the west. The Community Development Director stated they were zoned R -1. He explained that the proposed lots were not able to meet the standards of R -1 due to the lot width so the developer was requesting Development Flex. Action 99 -342 (Al 11.10) Declared by Mayor Ryan that the reading be waived and Ordinance No. 99 -1798, "Amending the Zoning Code of the City of Blaine so as to Provide Changes in the Zoning Classification" be introduced and placed on file for second reading at the July 8, 1999, Council meeting. Resolution No. 99 -188, Granting Preliminary Plat Approval to Subdivide 1.6 Acres into Two Single Family Lots To Be Known as Letourneau Addition, Bradley Letoumeau, 9680 N. Hamline Avenue NE, (Case File No. 99- 51 /LST) Action 99 -343 (Al 11.11) Moved by Councilmember Kolb, seconded by Councilmember Rose, that Resolution No. 99 -188, "Granting Preliminary Plat Approval Per Section 18- 4(C)(1), Bradley Letourneau, Letoumeau Addition, 9680 N. Hamline Road NE," be approved. The Community Development Director noted the location and stated the applicant had made a request for a preliminary plat for the property known as 9680 Hamline Avenue North on behalf of his mother. The reason for this request was to allow his mother to sell part of her property for financial reasons. Bradley Letoumeau, applicant, thanked staff for their assistance with this process. He stated the sewer connection was changed from the Planning Commission recommendation but he had not received a written copy of that information. He explained his mother was to be given a one -year period of time to connect to the City sewer and water. However, the property has a 20 -foot shallow well with a septic tank and they know the existing system was not up to Code so there was no need to conduct testing. Action 99 -344 (Al 11.11) Moved by Councilmember Clark, seconded by Councilmember Kolb, that Resolution No. 99 -188, "Granting Preliminary Plat Approval Per Section 18- 4(C)(1), Bradley Letoumeau, Letoumeau Addition, 9680 N. Hamline Road NE," be amended to eliminate the septic and well analysis requirement from Condition 1. The amendment was adopted unanimously. Amended motion adopted unanimously. First Reading — Ordinance No. 99 -1799, Amending Sections 29.30 R -1 (Single Family) and 29.300 R -1AA Single Family), Allowing Garages Larger than 1,000 Square Feet and Less than 1,200 Square Feet with a Conditional Use Permit, City of Blaine, (Case File No. 99- 53 /SLK) Action 99 -345 (Al 11.12) Minutes of the Meeting of June 24, 1999 Page 24 Declared by Mayor Ryan that the reading be waived and Ordinance No. 99 -1799, "Amending Sections 29.30 R -1 (Single Family) and 29.300 R -IAA (Single Family) Adding Garages as a Conditional Use Permit of the Zoning Code of the City of Blaine" be introduced and placed on file for second reading at the July 8, 1999, Council meeting. Resolution No. 99 -192, Granting Final Plat Approval to Subdivide Approximately One Acre into Two Lots To Be Known as Schlichting Addition, Aloysius Schlichting, 2524 - 91st Lane NE, (Case File No. 99- 28 /LST) Action 99 -346 (Al 11.15) Moved by Councilmember Rose, seconded by Councilmember Kolb, that Resolution No. 99 -192, "Granting Final Plat Approval Per Section 18- 3(3)(g) of the Subdivision Ordinance, the City of Blaine, Aloysius Schlichting, Schlichting Addition, 2524 -9? Lane NE," be approved. The Community Development Director explained that Mr. Schlichting wished to subdivide his property in order to sell a portion of the land. The property was located between 91" Lane and 91" Avenue just north of Waconia Street. The proposed new lot would be accessed off 91" Avenue. Both lots were served with sanitary sewer and water in 1997 with Improvement Project 94 -06G. Motion adopted unanimously. Resolution No. 99 -176, Approving Assessment Abatement and Reassessment, Southeast Area Improvements, Improvement Project No. 94 -06E Action 99 -347 (AI 11.16) Moved by Mayor Ryan, seconded by Councilmember Clark, that Resolution No. 99 -176, "Approve Abatement and Reassessment Southeast Area Improvements, Improvement Project No. 94 -06E," be approved. Mayor Ryan commended staff for their work to negotiate this settlement. Motion adopted unanimously. The City Attorney noted this resolution was an exhibit to a document entitled an Agreement to Reassessment. He explained the legal process to be followed and requested authorization for the City Manager to execute that document. Action 99 -348 (Al 11.16) Moved by Councilmember Kolb, seconded by Councilmember Daniels, to authorize the City Manager to execute the Agreement to Reassessment. Motion adopted unanimously. Resolution No. 99 -177, Approve Payment for Easement Acquisition for Flanders Street NE from 101" Avenue NE to 105"' Avenue NE Alignment, Improvement Project No. 98 -04 Action 99 -349 (AI 11.17) Minutes of the Meeting of June 24, 1999 Page 25 Moved by Councilmember Rose, seconded by Councilmember Swanson, that Resolution No. 99 -177, "Approve Payment for Easement Acquisition Flanders Street NE from 101x` Avenue NE to 105`" Avenue NE, mprovement Project No. 98 -04," be approved. Motion adopted unanimously. ADMINISTRATION The City Manager advised that Shingobee had asked for consideration since they have an opportunity to acquire fill from the I- 694 /Central Avenue project. He explained the City required that type of storage on the site to be a CUP consideration but if financial guarantees were in place, the City had allowed storage of soil materials with the understanding that it was at their risk should their project not be approved. Councilmember Daniels asked if they would use Highway 65 to transport the soil and if the hours of hauling could be considered. The City Manager stated this hauling might be over a three -month time period. Councilmember Daniels suggested they be restricted from hauling during peak traffic hours. The City Manager stated they would talk with Shingobee about that issue. Councilmember Clark raised the issue of the citing of the City Hall. The City Manager stated this was the reason for the caveat that it was at Shingobee's risk. OTHER BUSINESS Consider Appointment to the Environmental Committee Mayor Ryan recommended the appointment of Barb Sweesy and Mary Jo Truchon to the Environmental Committee. Action 99 -350 Moved by Councilmember Daniels, seconded by Councilmember Rose, that Barb Sweesy and Mary Jo Truchon be appointed to the Environmental Committee. Motion adopted unanimously. I -1A Zoning Test Review The Community Development Director presented the request of Daily Homes to increase the size of storage in the I -1A zoning district and requested Council direction. The Community Development Director stated if vehicles were stored on the site, they must be screened 100 %. The request is for a reduction to 50 %. He stated they were also requesting amendment of the definition of business vehicles parked ovemight. The Community Development Director stated they want to include utility trailers and trucks up to 25,000 pounds gross vehicle weight. They were also asking that those be counted outside the outdoor storage calculation. Mayor Ryan stated that the requested changes, if approved, would allow a towing company. He noted this vas located on a "main path" into the City. Councilmember Rose stated she was not able to support the requested changes. Minutes of the Meeting of June 24, 1999 Page 26 The Council concurred. Inspection of Car Dealership Councilmember Daniels stated she received a telephone call about a used car dealership. The Community Development Director stated that use was approved by the Council with conditions. Councilmember Daniels asked staff to inspect the site to assure it was in compliance. City Hall Update Councilmember Kolb stated when the subcommittee met to talk about City Hall sites, understandings on the direction to take were established. She asked that this information be provided to the Councilmembers. Citizen of the Year Councilmember Daniels offered the nomination of Alfred Dahl for Citizen of the Year. Councilmember Kolb requested information regarding these nominations so all were aware of their contribution. Clarification of the Open Meeting Law The City Attorney stated Councilmember Kolb raised a question about the open meeting law as it relates to subcommittee meetings. He stated he contacted the League and explained the risk was minimal since only notice needs to be published if it was assumed a majority of the membership would be at the meeting. He recommended subcommittee meetings be posted to assure there was no violation. Councilmember Kolb asked if an e-mail sent to all members was also a violation to the open meeting law. The City Attorney stated conference calling with a majority of the members could also be a violation. Councilmember Kolb requested that this issue be revisited to assure those concerns were properly addressed. The City Attorney agreed. The City Manager explained that staff had been treating e-mail messages to Councilmembers the same as other correspondence. He advised of the paper records of e-mail correspondence that was maintained by the City. ADJOURNMENT The meeting was adjoumed at 11:31 p.m. by Mayor Ryan. Tom Ryan, Mayor ATTEST: Joyce Twistol, CM C, C,i CtyCIe rk C \WINWORDVAINUTESICOUNCIL & WORKSHOP 119991990624REODOC Memorandum DATE : January 21, 2000 TO : Honorable Mayor and Council • FROM : Jim March RE : Overweight Permit for Mound Trail Included in your packet is a request for an overweight permit for Mound Trail. The road is currently posted 5 tons. The request is for 7 tons axle weight. The builder has tried to gain access from the regional park with no success. Tom Peterson will be asked to provide a recommendation on this item. The builder thought he could bring building material in before the frost is out in the spring to minimize the chance of damage. Mr. Koch will be present at the meeting to answer any questions. PACIFIC MANAGEMENT, INC. FINE HOME BUILDING 220351DEN AVENUE NORTH • FOREST LAKE, MN 55025 (651)464 -8444 (612)750-7589 January 19, 2000 Jim March City of Centerville 1880 Main Street Centerville, MN 55038 Re: Blake Residence on Centerville Lake; 1275 Mound Trail. Jim, We are writing to request an Over - Weight Permit for the Centerville road of Mound Trail. The purpose of this permit is to allow construction of a new home for Wayne and Shirley Blake. There new property address is 1275 Mound Trail. The current road restriction posted for this road is 5 ton axle weight. We are requesting an Over - Weight Permit for 7 tons axle weight. Under the current restriction of 5 tons, it would dramatically restrict certain trucks from entering, and totally eliminated others from site access. As an example a concrete truck would be limited to only 1-1/2 yards of concrete per truck. It would totally eliminate any concrete pump truck from entering. In addition to these vehicles, many others would be additionally affected. We have also explored the option of entering from the Anoka County Park Road. After speaking with Ron Cox who is the Anoka County Park Planner, he has informed us that such access is now impossible. Anoka County has created a burm of debris that no longer allows access from the Park road to Mound Trail. In addition, the Park Board is planning on starting construction on the park road immediately after the frost has left the ground in early spring. This construction process will total eliminate an further access from the park road to Mound Trail. Because of the above restrictions, construction of the new home for Wayne and Shirley Blake would be virtually impossible, in addition to any other homes to be built this summer on this development. Therefore, we request your cooperation in granting an Over - Weight Permit of 7 Ton Axle Weight in order for us to safely access this site from Mound Trail. We truly appreciate your cooperation in this matter, and if you have any questions please call as soon as possible; Office: (651)464 -8444; Mob: (612)750 -7589. Sincerely, PACIFIC MANAG NT, I C Gael J. Ka '0" Memorandum DATE : January 21, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Firefighter Pay Increase/District Chief Salary Adjustment There was not a quorum at the last Fire Steering Committee meeting on January 20, 2000. Two issues need to be approved by the respective City Councils prior to the next Fire Steering Committee meeting. The District Chief recommends that the firefighters receive a salary adjustment as follows: Hourly Pay - $ 7.50 (.50 an hour increase) Firefightei2t - $ 1.00 (.25 an hour increase) EMT - $ 1.00 (.25 an hour increase) The maximum pay per hour would be $9.50. This would require a firefighter to have a level 1 certification and be certified as an EMT. The members present at the Steering Committee meeting also recommend that the District Chief receive a 5% salary adjustment. This would bring his wages to $56,303. This would move him closer to the average pay for the Fire Chief category as reported in the Stanton Salary Survey. If you have any questions in regards to this item, do not hesitate to contact me. Also included in your packet is some information that was distributed at the Fire Steering Committee meeting. The information was prepared to show the Fire District activity for last year. Memorandum DATE : January 21, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Tri -City Police Department • Ad -hoc Committee • Joint Powers Agreement • Signing Ceremony Included in your packet is a letter that was received from Mady Reiter addressing the need to form an ad -hoc committee to work on selecting a name and logo for the new Tri- City Police Department. Also included in your packet is a letter discussing a formal signing event for the joint powers agreement that will officially form this new police department. Also included in your packet is the final revised draft of the joint powers agreement. This final draft incorporates the final changes from each of the communities. We are to respond whether or not these changes are acceptable. CITY OF CIRCLE PINES „R „ —„ CUUU a 200 Civic Heights Circle Circle Pines, Minnesota 55014 -1795 Telephone (612) 784 -5898 FAX (612) 785 -2859 Le Ann Oshun, Mayor TDD (612) 7849724 Daniel E. Stoltz, Countl6nember Susan Nelson, Coundimember Philip Karst, Councilmember Andrew Gibes, Councihnember James W. Keinath, City Administrator Memo To: Jim March, City of Centerv' I$& Mike Delmont, City of Lexington From: Jim Keinath � Date: January 18, 2000 Re: Final Proposed Language Tri-City Joint Powers Agreement Please find enclosed the final proposed language incorporating the changes desired by all of the communities, as the Tri-City Joint Powers Agreement was approved. Please let me know if you have any comments on the changes and whether or not the changes are acceptable. Thank you. JWK/mh Enclosure • Page 1 Printed on Recycled Paper JOINT POWERS POLICE DEPARTMENT CONTRACT CITIES OF CENTERVILLE, CIRCLE PINES AND LEXINGTON MINNESOTA This contract is entered into this 1 day of January 4- 9992000, by and between the City of Centerville, hereinafter referred to as "Centerville," and the City of Circle Pines, hereinafter referred to as "Circle Pines," and the City of Lexington hereinafter referred to as "Lexington ", all municipal corporations located in the State of Minnesota, County of Anoka, sometimes hereinafter referred to collectively as "member cities ". WHEREAS, Centerville, Circle Pines and Lexington desire to establish, equip and operate a joint powers policy department to protect, safeguard and furnish police protection for their citizens pursuant to Minnesota Statutes Section 436.06, and WHEREAS, the parties hereto desire to establish a Board of Police Commissioners pursuant to the authority of Minnesota Statutes Section 436.06, Subd. 2, hereinafter referred to as the "Police Commission" to control and supervise the administration of the joint police department. NOW, THEREFORE, IT IS HEREBY AGREED as follows: SECTION I GENERAL PURPOSE The purpose of this agreement is to continue an organization to jointly and cooperatively provide police protection services including, but not limited to, crime prevention, response to police calls and patrolling. The area to be serviced is the corporate limits of the member cities. SECTION II DEFINITIONS 2.1 Department: Department is the police department created by this agreement for the purpose of providing police protection services. 2.2 Financial Accounting: Financial accounting includes preparation of reports, bill lists and audits for the purpose of providing a depiction of the financial status of the department. 2.3 Financial Default: Financial default occurs when any member is more than 90 days overdue for its monthly payment to the district. 2.4 Non - Budgeted Expenditures: Non - budgeted expenditures are expenditures not listed in the agreed upon budget and /or expenditures in excess of the agreed upon budget. -1- 2.5 Rules and Regulations: Rules and regulations are the policies and procedures adopted by the Police Commission governing the action of the Police Commission and its employees. 2.6 Boundaries: The area within the corporate limits of the cities which are parties to this Joint Powers Agreement, as adjusted in the future, whether by annexation or otherwise. SECTION III ORGANIZATION 3.1 Establishment. There is hereby established the "Department" to be managed through a two (2) tier system. The management tiers will be as follows: The Chief of Police is an appointed position. Appointment and contract require the approval of all member cities. In the event that the member cities are unable to agree on a person to fill the position of Chief of Police, the Police Commission by majority vote shall appoint an acting Chief of Police. Specific personnel issues for the Chief of Police will be covered by the contract and /or Rules and Regulations pe1eies.Policies — Joint Powers Police Department, adopted by the Police Commission. 3.2 The Commission meeting will rotate between the member cities or an agreed upon location. 3.3 Quorum. Six (6) of nine (9) regular Police Commission members during special or monthly meetings shall constitute a quorum, provided that at least two (2) Police Commission members shall be present from each city. In the event of financial default, the quorum will be reduced to four (4) Police Commission members present, with at least two (2) from each city not in default. Police Commission members from cities in default shall not count toward a quorum. 3.4 Voting. Each Police Commission member, except the chairperson, present at the meeting shall be entitled to one (1) vote. Unless otherwise provided in this agreement, the Police Commission may take the action on any issue by a majority vote of those members present and entitled to vote at a duly called meeting, subject to the quorum requirement of Section 3.3. There shall be no voting by proxy. Votes must be cast at a Police Commission meeting by a Police Commission member. Police Commission members from cities in financial default are not eligible to vote. 3.5 The parties agree that there shall be established a Police Commission consisting of nine (9) members to be selected as follows: a) Two citizen commissioners to be appointed by each City Council of each member city, according to the procedure which each Council shall determine. The third member, from that city, shall be an elected city official. -2- b) Of the nine (9) commissioners selected pursuant to subsection (a) above, each one commissioner appointed by each city shall serve a minimum term of two (2) years and a maximum term of four (4) years. Commissioners may be re- appointed to serve additional terms. c) The Police Commission chairperson shall be appointed by mutual agreement of all city councils to serve an initial term of three (3) years. Upon expiration of the three (3) year term, the Police Commission chairperson position shall be appointed for a term of two (2) years. The Police Commission chairperson may be re- appointed. The Chairperson must reside outside the district. d) The city councils shall appoint commissioners under subsection (a), within thirty (30) days after execution of this agreement. The Police Commission chairperson shall be appointed within sixty (60) days after execution of this agreement. e) Vacancies in commission membership shall be filled within sixty (60) days. f) At the completion of the second year of the Joint Powers Agreement, any city may request a review of the Police Commission structure. Upon such request, the chairperson of the Police Commission shall convene a task force consisting of the member city administrators and one elected official from each city not serving on the Police Commission. This task force will report back to each of the city councils within six (6) months, with their recommendation. Such recommendation must be adopted by each of the three city councils in order to amend the Joint Powers Agreement. 3.6 The Police Commission shall be governed by the following rules: a) The chairperson elested -- appointed by mutual agreement of all city councils shall be designated as the chairperson, and shall preside at all meetings of the Police Commission. The chairperson shall not vote on any issue. b) Regular meetings shall be scheduled by the Police Commission and shall be held at any of the parties' city halls and shall be open to the public. Regular meetings shall be held at least once per month at a time to be determined by the Police Commission. c) The chairperson shall have the power to call special meetings of the Police Commission by giving written notice of the meeting to each commissioner and to the mayor of each city. Said notice shall contain the date, time, place, and purpose of the special meeting. Such meeting shall be called in compliance with the Open Meeting Law. The chairperson shall also call a special meeting if requested by a minimum of one commission member from two separate member cities. -3- SECTION IV OFFICIAL ADDRESS Joint Powers Police Commission Office. The office of the Police Commission shall be , MN 55014 or such other locations as the Police Commission deems necessary. All notices to the Police Commission shall be delivered or served at said office. SECTION V POWERS DUTIES AND OBLIGATIONS OF THE POLICE COMMISSION 5.1 Powers. The Police Commission shall have and is hereby given all powers, duties and obligations enumerated in this agreement, and all such further powers necessary to carry out the intent and purpose of the Department with respect to acquisition of property and operation of the Department heretofore set forth, including the following: 1) To employ and determine the terms of employment of administrative and other personnel, accountants, consultants, legal counsel, and other qualified personnel, except as provided in this Agreement. 2) To cause reports, plans, studies and recommendations to be prepared. 3) To lease or purchase equipment and supplies necessary for the proper operation, care, maintenance, and preservation of Department facilities and equipment, except as otherwise provided in this Agreement, and subject to the budget as approved by member cities. 4) To adopt Department bylaws, rules and regulations for the operation, maintenance and use of the Department personnel services, equipment and facilities. 5) To enter mutual aid agreements with other organizations with similar purposes. 6) To recommend disposal of capital equipment, as hereinafter defined, and land. 7) To control and to supervise the administration of the joint powers police department. The Police Commission shall have the power to appoint, promote, suspend and remove officers and employees of the joint powers police department as hereinafter provided. 8) To sell or lease any of its equipment as may be deemed expedient. 9) To establish a yearly budget for police services pertaining to the Department, which budget shall require approval by the City Councils of each of the member cities, per Section VII of this Agreement. • -4- 10) To act as agent for receipt, custody and disbursement of funds, gifts or other funds paid or given by the contracting cities on behalf of, or, for the use of the Department. 11) To act as agent for any contracts of indebtedness and loans made in the names of the contracting cities for the benefit of the Department. 12) To cause an annual audit to be made of all its accounts, books, vouchers and funds. of a Chief of Police. The appointment of the Chief of 13) To recommend app ointment o roval of the City Councils of all member cities. Police shall be subject to the app 14) governed exercising h powers dnd this Section, the Police Commission shall adopt and be P D py the rules and copy of which shall be attached to this Agreement. The rules and Police amendments ndmments ents to to, the copy e rules must be provided to all City Councils. a 15) Direct any revenues received from fines for criminal violations or cost of prosecution to the city prosecuting the violation. 16) To make a request, g nor all business hours, financial before ecords shall s be open to year. p examination by the cities. 17) To meet with the Chief of Police regarding operations and administrative concerns on a monthly basis. 18) To approve budgeted expenditures during their month at a gal N o n - budgeted expenditures shall be submitted for a pp rova quire t approval of member cities. A monthly bill Ii t shalpbesubmiitted to each city he following the Police Commission meeting. Officers authorized oli e Commis to be sion before entering into the performance of their e dut es. and approved by y the SECTION VI POLICE MENT, DEPARTMENT AND AND BUILDINGS 6.1 Eobi�n� t the tie ° exthe cities to ths isting policelequipmentn The Police Commission its shall control the use and benefit, use of such contributed an operate expend of the Department the maintenance and repair of such l expenses relting to equipment shall -5- 6.2 Land and Buildings. Each of the cities to this Agreement may lease building space to the police district. Such land and /or building space shall be owned by the city and leased to the Police Department. Such lease is to be an operating cost of the Department. Any lease requires the approval of all member cities. Existing leases will be honored. The Commission shall control use of the buildings and land. 6.3 Ownership. Equipment purchased by the Department after the effective date of this agreement shall be owned by the Department. The Chief of Police shall conduct an equipment inventory annually and present such information to each member city. 6.4 All equipment shall be used when needed for the benefit of the member cities. The equipment shall not be used outside the boundaries of the member cities except as follows: a) When police emergencies may endanger life or property within the member cities. b) When use is covered by contracts duly entered into by the Police Commission. c) When necessary to fulfill mutual aid agreement duly entered into by the Police Commission. d) In case of major emergency or disaster, when authorized by the Chief of Police, or in his absence, the officer in charge. Such use shall be reported as soon as possible to the Chief of Police of the Department. Such use, as authorized above for use outside the member cities, shall be carried out only when the officer in charge has determined that the absence of equipment from the Department will not impair the protection of the member cities. The officer in charge shall have the authority to determine priority in answering calls and to assign equipment and manpower. e) When specifically authorized by the Police Commission. SECTION VII FUNDING 7.1 Member Contributions. During each calendar year each city shall make equal monthly payments to the Department, its share of the total operating budget, as provided for in Section VIII of this Agreement. Capital and operating expenses of the Department shall be contributed by each city according to the following formula: The following calculation shall determine each city's share of the cities' contribution to the police budget. The formula weights calls at 40 %, population at 40% and International Association of Chiefs of Police (IACP) formula for number of officers at 20 %. Formula: Step I ( %A x40) + ( %Px40) + ( %0x20) = city total -6- Step 2 Each city's individual total is summed to achieve a grand total. The City's % percetrtege of the grand total is their share of the City's contribution to the police budget. A = Each city's average number of complaint numbers generated for the last three (3) calendar years as a percentage of total calls. P = Each city's population,_ in the District.. Source for population information shall be the latest Metropolitan Council estimate of the population as a percentage of the district's- member cities total population. 0 = The number of officers each city would require as determined by the IACP staffing formula as it existed in 1999 as a percentage of the total officers suggested by the formula. A copy is attached as Appendix B. 7.2 Phase In. To accomplish a phase in of the formula, the City of Lexington's contribution, as determined by the formula, if greater than 115% of the previous year's contribution will be reduced to 115% of the previous year's contribution. The dollar amount of such reduction for the City of Lexington will be added to the contribution of the City of Circle Pines as calculated by the formula. The City of Centerville will pay the amount indicated by the formula. When all cities pay the amount that is indicated by the formula, no future phase in shall occur. To further clarify the formula and their intended relationship, specific examples of the formulas are attached as Appendix A. SECTION VIII BUDGET 8.1 Established Budgets, The cities hereby agree that the intended amount cities will contribute to fund the police budget per year is as follows: 2000 - 1,168,190 2001 - 1,241,583 2002- 1,314,178 2003 - 1,336,009 8.2 Police Commission Budget Process. The Chief of Police shall submit a budget to the Police Commission by July 1st of each year. The Police Commission shall then review the proposed budget and make a recommendation to the member cities by August 1st. Each city shall have until September 15th to accept the budget. If all member cities have not accepted the budget by September 15th, the Police Commission will make an attempt to resolve outstanding issues and shall report back by October 31st. The cities will then have from October 31st to November 30th to approve the proposed budget. All new budgets must be agreed to by all member cities, to become effective. -7- 8.3 Base Budget. If, by November 30th, the member cities are unable to mutually agree on the proposed budget for the upcoming year, the amount of the previous year's operating budget will be increased by the lesser of the following: a) The increase in the July to July, Minneapolis and St. Paul Consumer Price Index for all Urban Consumers (CPI) for the period ending most immediately prior to the commencement of the budget year over the same index for the previous year. or b) The increase in the most restrictive levy limit applicable to the budget year placed on any of the member cities over the levy limit for that member municipality for the prior year. In the event (a) or (b) decreases, the operating budget shall remain the same. SECTION IX BUY IN 9.1 In recognition of the assets of Circle Pines and Lexington being contributed to tbe- Distiset tr: tl -_the Department, the City of Centerville agrees to pay one dollar as a buy in to the -Dis4 4et auti-.the Department. SECTION X DISPUTE RESOLUTION 10.1 Dispute Process. Whenever there is a disagreement between the member cities as to the meaning or application of any of the terms hereunder, or as to the respective rights, powers, duties and obligations of the member cities, and the disagreement cannot be resolved, the parties shall engage in a dispute resolution process as follows: a) A member city initiating the dispute resolution process shall forward a written statement of the dispute to a regular or special meeting of the Police Commission. The Police Commission shall have six (6) months to resolve the dispute. b) If the dispute is not resolved as provided for in Section 9(a), the matter shall be forwarded to the Anoka County Mediation Service or if Anoka County Mediation Service is unavailable, such other mediation service as determined by the Commission. The mediation service shall have ninety (90) days to resolve the dispute. c) If the dispute is not resolved as provided for in Section 10(a) and 10(b), then upon a majority vote of the member cities, the dispute shall proceed to arbitration as provided for in Section XI of this Agreement. -8- SECTION XI ARBITRATION 11.1 Arbitration Procedures. a) Arbitration shall be conducted by and under the commercial arbitration rules of the American Arbitration Association, and shall be conducted by a single arbitrator. b) Within thirty (30) days after the appointment of the arbitrator and no sooner than ten (10) days following written notice to the member cities, the arbitrator shall commence a hearing on the dispute. c) The hearings shall be open to the public, recorded and may be transcribed at the request and expense of any member city. d) After the close of the hearing, and within thirty (30) days, the arbitrator shall prepare written findings and make a written decision which shall be served by mail upon the cities, and shall be binding upon all member cities. e) Except as provided for herein, all costs of arbitration shall be borne equally between the member cities. Each member city shall pay its own attorney's fees. 11.2 Arbitrator's Authority. a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Joint Powers Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the cities, and shall have no authority to make a decision on any other issues not so submitted. b) The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way, the applicable application of laws, rules, or regulations having the force and effect of law. 11.3 Judicial Relief. a) Any city may seek judicial relief, authorized pursuant to the provisions of Minnesota Statutes 572.08 - 572.30. All costs, except after-nej rattorney_fees, shall be awarded to j the prevailing parties. -9- SECTION XII WITHDRAWAL 12.1 Notice. Member cities may withdraw from this Agreement only in accordance with this section. Notice to withdraw may only be given during the month of October, in odd numbered years, beginning with October of 2003. Such notice shall provide a minimum of one (1) year's notice to the remaining cities of the intent to withdraw. Such withdrawal would be effective December 31st on the year following notice. 12.2 Withdrawal Payment. After a city gives notice, they -it shall have a maximum of six (6) months from the date of notice to pay the following withdrawal payment. 1. 50% of estimated unemployment cost for the number of officers for that city as calculated by the budget formula as outlined in Section VII. The number of officers shall be multiplied times the weekly maximum unemployment amount times 26 weeks. 2. 50% of the cost of accrued sick leave and vacation for the number of officers as determined by the budget formula as outlined in Section VII. Such accrual shall be as of January 1st in the year the city is withdrawing and shall be based on the officers with the least seniority. Such payment will be distributed to the remaining Cities based on their percentage share of the current Department budget contributions. The withdrawing city shall be responsible for payment of the remaining one (1) year of contributions and shall be a full participant in the operation of the Department until its withdrawal is effective. 12.3 Refund of Payment. During the six (6) month period following its notice to withdraw, a city may abandon its withdrawal. In that event the payment made to the remaining cities will be refunded. After the six (6) month period, there shall be no refund of the payment made. 12.4 Ownership of Equipment. All contributions for equipment by the withdrawing city shall be lost, and remain the property of the District. SECTION XIII DURATION, DISSOLUTION OF THE DISTRICT 13.1 Dissolution. This Agreement shall remain in full force and effect until a majority of the member cities' councils have voted in favor of dissolution. 13.2 Dissolution Payments. Upon dissolution, each member city shall continue payments and operate as a full participant, under this Agreement for a one (1) year period, so that dissolution can occur in an orderly fashion. - 10 - SECTION XIV DISTRIBUTION OF EQUIPMENT UPON TERMINATION OR DISSOLUTION 14.1 Process. a) Upon dissolution, termination or withdrawal from this Agreement by a member, or members, the following procedure shall be used to distribute the equipment and personal property of the Department, and other related equipment. Distribution will e occur onkafter all Department debts and long term expenses have been satisfied. b) All property and equipment will be sold. c) In addition, the financial records of the Department will be reviewed for the _,less6rhf the life of the District or for the last 15 years, whichever is less. to determine the total dollar value of contributed equipment and other payments made by each member city. The Police Commission will then determine the percentage of the total paid by each member city. The percentage of the total contributions over the applicable period will then be multiplied times the total dollars arrived at by sale of all equipment and personal property of the Department less any debts, and then distributed to the cites. SECTION XV COUNTERPARTS 15.1 This agreement may be executed in several counterparts and so executed shall constitute one agreement, binding on all of the parties hereto notwithstanding that all of the parties are not signatory to the original or the same counterpart. SECTION XVI AMENDMENT 16.1 Modification. This agreement sets forth all understandings between the parties. All prior agreements, understandings, representations whether consistent or inconsistent, verbal or written, concerning this agreement, are merged into and superseded by this written agreement. No modification or amendment of this agreement shall be binding on any city unless each city agrees in writing to the proposed change or amendment. 16.2 Submittal. Any city wishing to submit an amendment to the agreement shall do so by submitting a written proposal to the Police Commission at a regularly scheduled or special meeting. The Police Commission shall forward the proposed amendment, with a - 11 - recommendation to each member city, within ninety (90) days of receipt of the proposed amendment. 16.3 Response to Proposed Amendment. Each recipient city shall respond to proposed amendment within sixty (60) days of receipt from the Police Commission. If no response is received, the amendment is deemed to be rejected. 16.4 No Mutual Agreement. A decision not to amend this Agreement shall not be subject to the dispute resolution provisions of Section X of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective mayors and clerks, and their corporate seals to be affixed hereto, the day and year first above written, all by, authority of their respective City Councils. CITY OF CENTERVILLE CITY OF CIRCLE PINES CITY OF LEXINGTON -12- POLICE CIRCLE PINES - LEXINGTON : 1 3 4fi At POLICE DEPARTMENT 1 CS , y 44, 200 Civic Heights Circle, Circle Pines, Minnesota 55014 F� 4%. (612) 784 -2501 Fax: (612) 784 -0082 JAN 2 0 2000 January 17, 2000 To: Mayors, Council Members, City Administrators of the Cities of Centerville, Circle Pines and Lexington and the Members of the Tri-City Police Department Task Force From: Circle Pines - Lexington Joint Powers Police Commission The police commission would like to host a celebration to officially commemorate the signing of the Joint Powers Contract effective January 1, 2000, for the new tri-city police department. We recognize the effort, and appreciate the approval process that was necessary to achieve such consensus. We, therefore, would like to honor the three city councils, city administration, city attorneys and task force members, for their role in this endeavor. Please accept our invitation to celebrate on Thursday, February 10, 2000, at 6:00 P.M., in the Circle Pines City Hall. Refreshments will consist of cake and coffee. We hope you will all be able to attend this ceremony. Mady Reiter, Chair Joint Powers Police Commission cc: Joint Powers Police Commissioners JAN 2 0 zuuu % OL CIRCLE PINES - LEXINGTON z POLICE DEPARTMENT � y w 200 Civic Heights Circle, Circle Pines, Minnesota 55014 C r (612) 784 -2501 Fax: (612) 784 -0082 January 17, 2000 Mr. Michael Delmont Mr. James Keinath Mr. James March At the police commission meeting on January '13, 2000, the commission determined that a meeting should be scheduled as soon as is practicable to go over items requiring clarification and to review the budget process for the year 2000 -2001. The most difficult part of a meeting with three cities is to work around the individual council dates for meetings, workshops, etc. We propose the date of March 1, at one of the three city halls, for this meeting. Could each of you please check and see if this date is compatible with a majority of your city council and advise me accordingly. I would propose a start time of either 6:00 p.m or 7:00 p.m., whatever would seem to work the best. Thank you for your consideration and handling of this matter. AJ ��' `J \�jciLL`, Mady Reiter, Chair Joint Powers Police Commission cc: Messrs Don Anderson, Rick Anderson, John Grahek, Philip Korst, Mike Pitchford, Tom Wilharber, Joint Powers Police Commissioners Mr. Joel Heckman, Chief of Police JAN 2 0 2000 POLICE CIRCLE PINES - LEXINGTON POLICE DEPARTMENT r A a is 200 Civic Heights Circle, Circle Pines, Minnesota 55014 <` V (612) 784 -2501 Fax: (612) 784 -0082 Mady Reiter, Chair 4279 Highland Drive, Shoreview, MN 55126 Phone: 651- 484 -3009 email: mreiter@gateway.net January 17, 2000 To: Mayors and City Administrators of the Cities of Centerville, Circle Pines and Lexington Tri-City Joint Powers Police Department Task Force Police Department Oral and Written Board (Volunteer) Interviewers From: Joint Powers Police Commission As all of you are aware, the Tri-City Joint Powers Police Department agreement was approved by the Cities of Centerville, Circle Pines and Lexington with an effective date of January 1, 2000. We now find ourselves in need of a name for the police department and are seeking individuals to serve on an ad hoc committee. This committee could be comprised of representatives from: One or two members of the police department Members of the city councils Members of the police commission Members of the task force Other past volunteers with the police department, i.e. police candidate board interviewers One or two education leaders Graphics design specialist (volunteer) General citizenry These individuals would be given the task of finding a suitable name and logo for the new department. They will require and request input from our residents and hopefully, would have the name and logo developed and approved by the three cities, with an implementation date of Junel, 2000. If you are interested in serving, or know of someone who would want to serve on such a committee, please forward the names for this Police Commission Ad Hoc Committee to me by February 18, 2000. My communication numbers are listed above. 1 ice -e-c ClctC! / Mady Reiter, Chair Joint Powers Police Commission t o/ vit a 1880 Main Street • Centerville, MN 55038 Established 1857 (651) 429 -3232 • Fax (651) 429 -8629 January 21, 2000 Mr. Jon M. Grahek 6970 Meadow Circle Centerville, MN 55038 Re: Appointment to the Police Commission Dear Mr. Grahek: The City of Centerville would like to extend our thanks for your letter of interest pertaining to filling the position on the Tri-City Police Commission. The City has elected to offer this volunteer position to you. If you are still interested, please feel free to contact me with questions or concerns you may have. Enclosed please find an invitation to a celebration honoring the signing of the Joint Powers Agreement held on Thursday, February 10, 2000, at 6:00 p.m., at the Circle Pines City Hall. Again, thank you for your interest in the City's Police Commission. Sincerely, V7/(0/ March JM/jml CC: City Council Joel Heckman, Chief of Police January 2, 2000 RE: Appointment to the Police Commission Centerville City Council and Mayor 1880 Main St. Centerville, MN. 55038 Dear Centerville City Council and Mayor, I would like to be considered for a position on the Police Commission to represent the City Of Centerville. I recently moved to the City of Centerville in June of 1999. I grew up in the City of Ely Minnesota and have a strong understanding of the importance of a police department in a small community. I feel I would be a great asset to the commission because 1 have been a police officer for the last 11 years. I started my career with the Ramsey County Sheriffs Department in 1989 and left there to take a position with the St. Paul Police Department in 1993. Sincerely, Jon M. Grahek 6970 MEADOW CIRCLE CENTERVILLE, MN. 55038 651-762-8575 (HOME PHONE; 651-649-7885 (PACER) Centennial Fire District 1999 Centennial Fire District 1999 • There was 880 runs for the year. — This represents a 3.4% increase over 1998. • There was 495 medical calls during the year. — This represents 56% of the calls. • There was 385 fire type calls during the year. — This represents 44% of the calls Centennial Fire District 1999 Total Calls 1000 800 :l . . ❑ Calls' 41 toll I I �t •': 1 199.1 1995 1996 1997 1998 1999 1 centennial Fire District 1999 Medical Calls " Irtal . zoo l io, � gg � , ,, ' [0MedicalI loo t 0 lb I• • ��• ; • 1994 1995 1996 1997 1998 1999 Year Centennial Fire District 1999 Fire Type Calls 450 400 ■ �7 250 r■ ■• ■ 1 2 " CI •'! • •'; ■ • ■ 15 ° le • t .• 1 81FireCaIIs 100 7 /1 50 161 MS II 1994 1995 1996 1997 1998 1999 Year Cenennial Fire District 1999 • There were 4 major structure fires in 1999. — 2 in mobile homes. • 1 caused by faulty clothes washer. • 1 caused by careless smoking. — 2 in regular homes. • 1 caused by faulty wiring. • 1 caused by an overloaded outlet. 2 Centennial Fire District 1999 • The Centennial Fire District completed it's 15th year as of December 31, 1999. • The City of Circle Pines built a new station. — We started operations out of the building in September. • A new pumper was ordered for station 2. — This truck will have a 65 ft. ladder. — Delivery expected in May or June 2000. 4 JAN 1 9 2000 BARRY L. BRAINARD 1853 Revoir Street Centerville, Minnesota 55038 651- 407 -1291 barryb3(r�usfamily.net January 15, 2000 City of Centerville , 1880 Main Street Centerville, Minnesota 55038 To Whom It May Concern: Please accept this letter as my interest to serve on the Centerville Planning and Zoning Commission. I have been a resident of Centerville for three years, and I believe Centerville is a city with much potential. I believe my experience as staff planning and zoning administrator for 15 years with the City of Circle Pines will greatly benefit the citizens of Centerville. I have written recommendations regarding all planning and zoning issues such as variances, conditional use permits, subdivisions, and site plan reviews for coherency and compliance with the city comprehensive plan. If you wish for any additional information regarding my qualifications, please feel free to contact me at 407 -1291 or e-mail me at: barryb3nausfamily.net Thank you for your time and consideration. i in ely, Barry L. rainard • 1 f tervitte efei 1880 Main Street • Centerville, MN 55038 Established 1857 (651) 429 -3232 • Fax (651) 429 -8629 January 20, 2000 Mr. & Mrs. Troy Greene 7354 Old Mill Road Centerville, MN 55038 Dear Mr. & Mrs. Greene: The City would like to thank you for your most recent letter regarding late fees that were charged to your utility account and payment. I have researched your concerns regarding timely processing of your payment, your account status, receipt of payment and bank deposits. Our records indicate that we received your previous payment on November 15, 1999 via United States Postal Service. The 3`d quarter billing was due on November 12, 1999. Your check is dated November 8, 1999. Your check was deposited in the City's account on November 29, 1999; however, the deposit date has no bearing on when your payment was received or processed. Let me assure you that the City makes every effort, getting the mail every day and dating same, checking the drop box daily (as the due date approaches it is checked several times per day and before closing) and dating same. The City is unable to ensure the length of time for delivery of an item via United States Postal Service. The City does however; ensure timely processing of payments once received. The City provides a black drop box at the driveway entrance to City Hall and City Hall is open Monday through Friday 8:00 a.m. to 4:00 p.m. for resident convenience as an alternative to using the United States Postal Service. As stated above, your payment was received on November 15, 1999 and the due date was November 12, 1999. The City sets the late fee date 30 days from the billing date and feels that this is ample time for residents to ensure that their payments are received at City Hall by that date or the late fee is imposed. Regretfully, I am unable to waive the late fees on your account. Sincerely, Teresa D. Bender Deputy Clerk/Treasurer Cc: Jim March, City Administrator City Council % £a3 s -{ rn 0 Q ,0,, t he cic(1 paid ond cm naucnChki 8 (Ia.!) (M a_ monk; ; ti 77 1 ( a , t i � 51-12 1-0a-49 U i I e t) �LS.c�-/.tz, datc itD Laittaci Laa_ah veal co eek u'ckoktu1 L oNO • • • - - OCT &CV ► . - bt.eAt (A) & J 2' . 57 t2, 1. c $ QQ ' , ' vzi _e. to ncu, L • Lt Lki/7& pia_ ;..t (p04. Q W a. �-O h o tt t, : la - tiuL0 d a d c ua-a not au), yonviE p ,1' d tka _ _ titiA (Ca. _O Lc Cu-e.. C ? Q lic �( - c' , e , ' •' • ma. ) Le9-E Low_ c wits t a t- LL L-S -Lt g --U-ik Liu wax ax �g -Lai __ , (Sk, � ,( uee.nt Z-E L _ L.ein x . c to me. t1 . wauld bitt 1 A LJ 61.6 W ) (Lk Lc-1nct,Wcu d ) qc_g3 h e-C; Li° IS A • < _ 61 --0,7_16 LCOCLO . . t a t. uAUL . ,LOA—,ti d' t E 1 )7oQ •�. e c�� . .ubufLy 4-1 V l e _ Path d Ca. on ` L./ u (-UQ:trt- Ca5 , cO L&c u. � Qd s .r kte k ct . Lam_ 11.4_0_0 _ I • ICJ L:ctictqfthat. c?o t z-u. mi-tork„ can \,cii 'au) 4) LS,L.noiciLe„,,urteka,„ MEMORANDUM DATE: Februa ry 4, 2000 TO: Honorable Mayor and Council FROM: Jill Lien RE: Laurie LaMotte Park Dedication The Park and Recreation Committee would like your approval of a "Park Dedication" at the Laurie LaMotte Park. Since the City has upgraded the turf and installed the ball fields, the committee felt it would be nice to have a "dedication" of the athletic fields. They would like to invite the present City Council and any former Park and Recreation Members. The anticipated date of this dedication would fall sometime in May or June. At this time, the Committee is just looking for your blessings of the event. MEMORANDUM DATE: February 4, 2000 TO: Honorable Mayor and Council FROM: Aimee Fairbrother RE: Planning and Zoning Recommendation to fill vacancy The Planning and Zoning Commission made a motion to recommend City Council appoint Barry Brainard to Sal the current vacancy on the Planning and Zoning board. The Commission feels Mr. Brainard has good qualifications, and that it would be a benefit having him serve on the Commission.