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HomeMy WebLinkAboutAgenda Packets - 2014/01/27CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIED CITY HALL Monday, January 27, 2014 7:00 p.m. 1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller Citizens may speak to issues not on tonight's agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. s=� N A. Resolution 8202, a Resolution of Appreciation for Fire Fighter Rian Crooks B. First Quarter SBM Fire Department Report — Verbal Report by Nyle Zikmund • A. Second Reading of Ordinance 885, Amending Chapter 512 of the City Cigarette and Tobacco Code by Adding Language Relating to Electronic Cigarettes (E - Cigarettes) — ROLL CALL VOTE B. Resolution 8205, Longview Estates Variance Extension, Marty Harstad C. Resolution 8206, Wetland Alteration Permit for a deck at Edgewood Middle School D. Resolution 8203, Approving Transfers Between Funds for 2013 E. Resolution 8208, Authorizing KLM Engineering, Inc. to Perform Engineering Design Services and Prepare Bidding Documents for Rehabilitation of 2 -MG Ground Reservoir F. Resolution 8209 Approving a Labor Agreement for 2014-2016 With Law Enforcement Labor Services (LELS) Local 232 (Sergeants) A. Resolution 8204 in Support of Ramsey County Transportation Funding Request B. Resolution 8210 Updating Policy on Unclaimed and Surplus Property C. Resolution 8207, Agreeing to Maintain a Proposed Sidewalk along County Road H between Silver Lake Road and Edgewood Drive D. Resolution 8211, Approving a Residential Kennel License for Jennifer Bode located at 3033 Woodale Drive in Mounds View JUST AND CORRECT CLAIMS 10� APP R01V AL rF M I N U T ES - 140NF City Council Agenda Monday, January 27, 2014 Page 2 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Citizen of the Year C. Reports of City Attorney Meeting:12. Next Council Work Session: Next Council Monday, February 3, 2014, at 7pm Monday, February 10, 2014, at 7pm CITY OF MOUNDS VIEW MOUNDS VIEW, MINNESOTA NOTICE OF SPECIAL CLOSED CITY COUNCIL MEETING Monday, January 27, 2014 7,05 p.m. (or as soon as possible thereafter following the conclusion of the regular City Council meeting) NOTICE IS HEREBY GIVEN that the City Council of the City of Mounds View will hold a Special Closed City Council Meeting on Monday, January 27, 2014, commencing at 7:05 p.m., or as soon as possible thereafter following the conclusion of the regular City Council meeting, at City Hall, 2401 Highway 10, Mounds View, Minnesota, for the following purpose: 1. Pursuant to Minnesota Statutes, Section 13D.05, subdivision 3(b), to. conduct a closed session pursuant to the attorney-client privilege to engage in confidential attorney-client communications related to a threatened litigation matter concerning an assessment associated with the property located at 2508 County Road I. James Ericson, City Administrator DATED: January 23, 2014. 438578vl SJR MU210-225 CITY OF MOUNDS VIEW MOUNDS VIEW, MINNESOTA NOTICE OF SPECIAL, CLOSED CITY COUNCIL MEETING Monday, January 27, 2014 7:10 p.m. (or as soorn as possible thereafter following the conclusion of the regular City Council meeting) NOTICE IS HEREBY GIVEN that the City Council of the City of Mounds View will hold a Special Closed Meeting on Monday, January 27, 2014, commencing at 7:10 p.m., or as soon as possible thereafter following the conclusion of the regular City Council meeting, at City Hall, 2401 Highway 10, Mounds View, Minnesota, for the following purpose: 1. Pursuant to Minnesota Statutes, Section 13D.05, subdivision 2(a)(2), to conduct a closed session to update the Council on department investigation and active investigative data or internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by a state agency, statewide system, or political subdivision. James Ericson, City Administrator DATED: January 23, 2014. 438618v SJR MU210-220 CITE' OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNES®TA RESOLUTION OF APPRECIATION TO RIAN R. CROOKS FOR HIS FEARS OF SERVICE WITH THE SPRING LAKE PARD, BLAINE, lr/I®IJNDS VIEW (SBM) FIRE DEPARTMENT WHEREAS, the Spring Lake Park -Blaine -Mounds View Fire Department is the largest volunteer fire department in Anoka and Ramsey Counties and second largest in the State of Minnesota; and WHEREAS, it is the privilege of Mounds View citizens to recognize the public service of Rian R. Crooks who joined the Spring Lake Park -Blaine -Mounds View Fire Department on February 1, 1994, as a volunteer firefighter; and WHEREAS, Rian was a key member of the Fire Department and during his tenure, served as a Firefighter; and WHEREAS, Rian was certified at the Firefighter II level, First Responder level; and WHEREAS, Firefighter Rain completed numerous specialized training courses and seminars about various areas of firefighting; and WHEREAS, during his years of service, Rian responded to more than 2190 fire calls and attended over 700 weekly drills. He received several commendations in recognition of his commitment to fire protection and the community. NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View acknowledges, with sincere appreciation, the dedicated and loyal service of Fire Fighter Rian Crooks who retired on February 10, 2014 after 20 years of service to the citizens of our City. Ill WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Mounds View to be affixed on this 27`x' day of January, 2014. Joe Flaherty, Mayor ATTEST: James. Ericson, City Administrator (SEAL) s Item No: 07A Meeting Date: JanuaN 27 2014 Type of Business: CB Administrator Review: _ To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Second Reading of Ordinance 885, Amending Chapter 512 of the City Cigarette and Tobacco Code by Adding Language Relating to Electronic Cigarettes (E -Cigarettes) — ROLL CALL VOTE BackgLgy 'Id Chapter 512 of the Mounds View City Code does not address nor regulate Electronic Cigarettes (E -Cigarettes). The Ramsey Tobacco Coalition is requesting that cities seriously consider regulating E -Cigarettes under local tobacco retailer license ordinances and local smoke-free workplace ordinances. All businesses currently selling E -Cigarettes in Mounds View have tobacco business licenses because they sell tobacco. However, if a business were to open in Mounds View that was only selling E -Cigarettes, then the business could do this legally without obtaining a business license under the City's current Municipal Code. Discussion The Electronic Cigarette (E -Cigarette) was introduced in the U.S. Market in 2007, and offers an alternative to smoking tobacco. Most E -Cigarettes are similar in appearance to be mistaken for regular cigarettes, but a look inside and you will see the main difference. E -Cigarettes do not contain tobacco. There's a mechanism in the E -Cigarette that heats up liquid nicotine, which turns into a vapor that a person inhales and exhales. E -Cigarettes are designed to look just like regular cigarettes, but there is one major difference. You do not need a match or lighter to use them. Instead, they hold a battery, a vaporization chamber, and a cartridge filled with liquid nicotine. Puff on the device as a regular cigarette, and the device heats up the liquid and changes it to a vapor. It looks like you are smoking a regular cigarette, but there is no smell because nothing is burning. An Electronic Cigarette can contain as much nicotine as a regular cigarette or more. The amount of nicotine an Electronic Cigarette delivers depends on the content of the liquid nicotine cartridge installed in it. Customers can choose cartridges containing nicotine in a range of strengths. There are also cartridges that contain liquid without nicotine, for users who want the sensory experience of smoking without its effect. Because E -Cigarettes contain no tobacco, E -Cigarettes are not subject to U.S. tobacco laws. At the November 2013 Work Session, it was the consensus of the City Council to define and regulate E -Cigarettes in the City's Cigarette and l obacco Code. At the January '13, 2014, City Council Meeting, the City Council reviewed the first reading o Ordinance 885. Ordinance 885 revises sections of the Ca-ianter 512 of the City Code by adding language relating to E -Cigarettes. During 'the January '13t' City Council Meeting, a representative Item 07A January 27, 2014, City Council Meeting Page 2 from the Ramsey Tobacco Coalition answered questions from the City Council about E - Cigarettes and tobacco laws in general. The first reading was approved by the City Council at this meeting. Staff recommends the City Council to adopt Ordinance 885. In accordance with the City Charter, a summary of this ordinance will be published in the City's official newspaper. Respectfully Submitted, Desaree Crane ORDINANCE 885 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 512 OF THE CITY CODE BY ADDING LANGUAGE RELATING TO ELECTRONIC CIGARETTES (E -CIGARETTES) THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 512 of the Mounds View City Code as follows with deletions oken and additions underlined: CHAPTER 512 CIGARETTE AND TOBACCO PRODUCTS K _. SECTION: 512.01: Purpose and intent 512.02: Definitions 512.03: License 512.04: Fees _ 512.05: Basis for denial of license 512.06: Prohibited sales 512.07: Self-service sales 512.08: Responsibility 512.09: Compliance checks and inspections 512.10: Other illegal acts 512.11: Violations and penalty 512.12: Suspension or revocation 512.13: Exceptions and defenses 512.14: Severability Ordinance 885 Page 2 512.01: PURPOSE AND INTENT: Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco -related devices, and tone or lebelaa electronic delivery devices, and the sales, possession, and use are violations of both state and federal laws; and because studies, which the City hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession and use of tobacco, tobacco products, tobacco -related devices, and n.ingr " l ,, a �,eFy aev electronic delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco -related devices, and "Ed•a delivery devises electronic delivery devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in M.S. § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of Center for Disease Control in their study Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997," and of the following medical professionals in these medical journals: Khuder SA, et al., "Age at Smoking Onset and its Effect on Smoking Cessation," Addictive Behavior 24(5):673-7, September -October 1999; D'Avanzo B, et al., "Age at Starting Smoking and Number of Cigarettes Smoked," Annals of Epidemiology 4(6):455-59, November 1994; Chen, J & Millar, WJ, "Age of Smoking Initiation: Implications for Quitting," Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., "Initiation of Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students," Preventive Medicine, 29(5):327-33, November 1999, copies of which are adopted by reference. 512.02: DEFINITIONS: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Subd. 1. COMPLIANCE CHECKS. The system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco -related devices, and nip -n -tine ar Inhelia '' " eFy� electronic delivery devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco -related devices, or electronic delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco -related devices, and electronic delivery devices. Ordinance 885 page 3 Subd. 2. INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. Subd. 3. INDOOR AREA. All space between a floor and a ceiling that is bounded by open or closed, covering more than 50 percent of walls, doorways, or windows, whether the combined surface area of the vert g planes constituting the perimeter t l barrier,whether wall includes any retractable divider, garage door, or other physical temporary or permanent. n term used to refer to a single or individually Subd. 4. LOOSIES. The commo packaged cigarette or any other tobacco product that has been removed from its packaging dsold 'any staxes tales r of more does not $2.00 per include ga individual cigars with a retail price, before Subd. 5. MINOR. Any natural person who has not yet reached the age of 18 years. Subd. 6. MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a taddr and not a fixed ress stone front o'r other permanent type of structure authoor other type of vehicle or rized for le sales transactions. purpose. Subd. 8. RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products, tobacco -related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores. . " 4knance 885 Page 4 Subd. 9 SALE. Any transfer of goods for money, trade, barter or other consideration. Subd. 10. SELF-SERVICE MERCHANDISING. Open displays of tobacco, elect onic products, tobacco -related devices, or ' delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco -related devices, or electronic delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco -related device, or elia electronic delivery devices between the customer and the licensee or Ice sales are interpreted as being any sale where there is not an actual employee. Self-se physical exchange of the product between the clerk and the customer. Subd. 11. SMOKING. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product, or inhaling or i � ��� shall exhaling vapor from any electronic delivery device. Smoking ineludes include carrying a lighted or heated cigar, cigarette, p1pu, or any other lighted or heated tobacco or plant product intended for inhalation. Subd. 12. TOBACCO or TOBACCO PRODUCTS. Tobacco and tobacco products includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Subd. 13. TOBACCO -RELATED DEVICES. Tobacco -related devices includes any tobacco product as well as a pipe, rolling papers, ashtray, or other device intentionally ed or intended to be used in a manner which enables the chewing, sniffing or design smoking of tobacco or tobacco products. Subd. 14. VENDING MACHINE. Any mechanical, electric or electronic, or othertype of device which dispenses tobacco, tobacco products or tobacco -related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco -related device. Ordinance 885 Page 5 512.03: LICENSE: Subd. 1. License required. No person shall sell or offer to sell any ltobacco, del very products, tobacco -related device, or neratinp arlebelia d yi without first having obtained a license to do so from the City. Subd. 2. Application. An application for a license to sell �to acco,MLrMtuba v rcco v rodue_wces tobacco -related devices, or shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Administrator shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Administrator shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd. 3. Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Administrator shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. Subd. 4. Term. The license is effective from July 1st to June 30th of each year. Subd. 5. Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in Section 512.12. Subd. 6. Transfers. All licenses issued under this Chapter shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council Subd. 7. Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this section. Subd. 8. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Ordinance 885 Page 6 Subd. 9. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. Subd. 10. Issuance as privilege and not a right. The issuance of a license issued under this section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Subd 11. Proximity to youth -oriented facilities. No license shall be granted pursuant to this Chapter to any person for any retail sales of tobacco, tobacco products, tobacco - related devices, or 'ees electronic delivery devices within 1,000 feet of any school, playground, house of worship, or youth -oriented facility, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the school, playground, house of worship, or youth -oriented facility, unless that person has been in the business of selling such products in that location before the date this Chapter was enacted into law for at least one year. For the purpose of this section, a youth -oriented facility is defined to include any facility with residents, customers, visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or which primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. Subd 12. Proximity to other tobacco retailers. No license shall be granted pursuant to this Chapter to any person for any retail sales of tobacco, tobacco products, tobacco - related devices, or electronic delivery devices within 2,000 feet of any other establishment holding such a license, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the nearest existing licensee, unless that person has been in the business of selling such products in that location before the date this section was enacted into law for at least one year. Subd. 13. Proximity limitation. Subdivisions 11 and 12 of Section 512.03 shall only J 1 2012 Subdivisions 11 of 12 of Section apply to new licenses approved after anuary 512.03 shall not apply to renewals and approved transfers. Ordinance 885 Page 7 Subd.14. Smoking. a Smoking shall not be permitted and no person shall smoke within the indoor area of any retail establishment with a tobacco retailer license. Smoking for the purposes of sampling tobacco and tobacco related products, tobacco related devices or electronic delivery devices is prohibited. b. Notwithstanding paragraph (a), pursuant to Minnesota Statutes, Section 144.4167, subdivision 4, a cigar may be lit in a retail establishment if all of the following circumstances are met: 1. The smoking is by a customer or potential customer, who is not a minor, for the specific purpose of sampling cigars; 2. The retail establishment has an entrance door opening directly to the outside; 3. The retail establishment is not a tobacco department or liquor, foodon of a ny or individual business establishment with any type restaurant license; and 4. The retail establishment derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. C. Any cigar lighting allowed under paragraph (b) shall be prohibited in the licensee's retail establishment if the licensee transfers title to, relinquishes management or control, sells the retail establishment, or the licensee's tobacco license is suspended or revoked by the City. 512.04: FEES: No license shall be issued under this Chapter until the appropriate id in full. The fee or a license under this ter license fee shall be in the City's Fee f Fee Schedule, as it may be amended from time topshall be time Ordinance 885 Page 8 512.05: BASIS FOR DENIAL OF LICENSE: Subd. 1. Grounds for denying the issuance or renewal of a license under this chapter include but are not limited to the following: a. The applicant is under the age of 18 years. b. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation (relating to , �ti tobacco, tobacco products, tobacco -related devices, or otine er- �� devises electronic delivery devices. C. The applicant has had a license to sell tobacco, tobacco products, tobacco - related devices, or nicetine er Inhelia delive y4eyiGeselectronic delivery devices revoked within the preceding 12 months of the date of application. d. The applicant fails to provide any information required on the application, or provides false or misleading information. e. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. Subd. 2. However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. Subd. 3. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this chapter. 512.06: PROHIBITED SALES: It shall be a violation of this Chapter for any person to sell or offer to sell any tobacco, tobacco product, tobacco -related device, or , iGotO.e-e electronic delivery devices: Subd. 1. To any person under the age of 18 years. Subd. 2. By means of any type of vending machine. Subd. 3. By means of self-service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, tobacco -related device, ori*i.—. '^b="' delivery devise electronic delivery devices and whereby the there is not a physical exchange of the tobacco, tobacco product, tobacco -related device, or ;Ge`_ lebe'a delie , devi a electronic delivery devices between the licensee, or the licensee's employee, and the customer. Ordirlpnce 885 Page 9 Subd. 4. By means of loosies as defined in Section 512.02. Subd. 5. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled_ substances except nicotine and other substances found naturally in tobacco or added as part of an totherwise he sale of lawfully uul manacturing manufactur dro ga cigarettes or other tobaccess. It is not the co pron of ducts. vision to ban ts. Subd. 6. By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. Subd. 7. Such sales are prohibited before 10:00 A.M. and after 10:00 P.M. at any retail establishment that derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco related products, and tobacco -related devices. 512.07: SELF-SERVICE SALES: It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products, tobacco -related devices, ornieet+ne lectronic delivery device by any means where by the customer may have access to those items without having to request the item from the licensee or the acco licensee's employee and whereby there is not a physical exchange of tPlect onic dele tobacco, bivery product, tobacco -related device, orD '�'�eevfee device between the licensee or his or her clerk and the customer. All tobacco, tobacco nic products, tobacco -related devices, and delivery devices shall either be stored behind a counter or other area notfreely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco -related devices, or nieotinor inhPlia deliveFy devices e electronic delivery devices at the time this Chapter is adopted shall comply with this section within 90 days following the effective date of this Chapter. 512.08: RESPONSIBILITY: All licensees under this Chapter shall be responsible for the actions of their employees in regard to the sale of to co - electronic bdelivery devices oacco products, n the related devices, or nisetine-e licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Chapter, state or federal law, or other applicable law or regulation. Ordinance 885 Page 10 512.09: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by the police department or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacc Minorsedused Ifor the pueposenic of delivery devices compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco -related devices, or nientin�• Plffiadpllvepp4e4ics electronic delivery devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Chapter shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. 512.10: OTHER ILLEGAL ACTS: Unless otherwise provided, the following acts shall be a violation of this Chapter: Subd. 1. Illegal sales. It shall be a violation of this Chapter for any person to sell or otherwise provide any tobacco, tobacco product, tobacco -related device, or „iceti„e e electronic delivery device to any minor. Subd. 2. Illegal possession. It shall be a violation of this Chapter for any minor to have in his or her possession any tobacco, co product, udevice. This s ated device, or .!-- subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3. Illegal use. It shall be a violation of this Chapter for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, tobacco -related device, or nient'I electronic deliverydevice. shall be a violation of this Chapter for any minor to Subd. 4. Illegal procurement. It purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, ^bPh�d .! Awe electronic delivery tobacco -related device, or a�� j device, and it shall be a violation of this Chapter for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco -related device, or eieetin OF lobelia electronic delivery device. This subdivision shall not applyto minors lawfully involved in a compliance check. low Ordinance 885 Page 11� -... Subd. 5. Use of false identification. It shall be a violation of this chapter f& atiglrttnor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. 512.11: VIOLATIONS AND PENALTY: Subd. 1. Licensees: If a licensee or an employee of a licensee violates any provision of this Chapter, the licensee shall be charged an administrative penalty of one hundred fifty dollars ($150.00). If a licensee or an employee of a licensee violates any provision of this Chapter a second time at the same location within twenty four (24) months of the initial violation, the licensee shall be charged an administrative penalty of four hundred dollars ($400.00). If a. licensee or an employee of a licensee violates any provision of this Chapter a third time at the same location within twenty four (24) months of the initial violation, the licensee shall be charged an administrative penalty of five hundred dollars ($500.00). No penalty under this Subdivision shall take effect until the licensee has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. The notice shall provide information on how and where a hearing may be requested. The hearing must be requested by the licensee within ten (10) business days of notice delivery. A decision by the City Council that a violation of this Chapter has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 2. Individuals: Any person who sells tobacco to a person under the age of eighteen (18) years shall be charged an administrative penalty of one hundred.dollars ($100.00) for a first offense and fifty dollars ($50.00) additional for every subsequent offense. This penalty shall be in addition to the penalty charged under Section 512.11, Subd. 1. No penalty under this Subdivision, shall take effect until the person against whom the penalty will be charged has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. The notice shall provide information on how and where a hearing may be requested. The hearing must be requested within ten (10) business days of notice delivery. A decision by the City Council that a violation of this Section has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 3. Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Subd. 4. Minors. Any person under the age of eighteen (18) years who purchases, possesses, or consumes tobacco or electronic delivery devices shall be treated as ... follows: for a first offense the violator will be referred to AI ..o+ns h��.e � No.Youth and Family Services, and be required to complete NYFS's Tobacco Education Program, and pay the related fees or expenses. A second violation will result in an administrative penalty of fifty dollars ($50.00), and will also result in a referral to nl +„o zhQt Northeast Youth and Family Services for monitored community service. Third or subsequent violations will be referred to the Ramsey County Attorney's Ordinance 885 Page 12 Office, Juvenile Court Division, for prosecution. Failure to comply with the requirements set forth above for a first or second offense will result in an immediate referral to the Ramsey County Attorney's Office for prosecution through the Juvenile Court Division. Subd. 5. Other individuals. Other individuals, otherthan minors as regulated by Subd. 4 of this Section, found to be in violation of this Chapter, shall be charged an administrative fine of $50. Subd. 6. Defenses. It shall bean affirmative defense to a charge of selling tobacco or tobacco related devices to a person under the age of eighteen (18) years in violation of this Section that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes, Section 340A.503, subdivision 6. 512.12: SUSPENSION OR REVOCATION: Subd. 1. In addition to any other penalty imposed under Section 512.11, any license issued under this Chapter may be suspended or revoked by the City Council for a violation of any provision of this Chapter if the licensee has been given a reasonable notice and an opportunity to be heard. A second violation within twelve (12) months of the initial violation shall result in a suspension of not less than three (3) consecutive days. A third violation within twenty four (24) months of the initial violation shall result in a suspension of ten (10) consecutive days. A fourth violation within twenty four (24) months of the initial violation shall result in revocation of license for ninety (90) consecutive days, and shall require a hearing before the City Council. Subd. 2. Hearing and Notices. Suspension or revocation of a license shall be preceded by a hearing before the City Council. A hearing notice shall be delivered to the licensee at least ten (10) days prior to the hearing. The hearing notice shall state the time and place of the hearing and the nature of the charges against the licensee. Judicial appeal shall be as provided for by state law. 512.13: EXCEPTIONS: Nothing in this Chapter shall prevent the providing of er tobacco, tobacco products, tobacco -related devices, or „�ti I -h = •li•a delivery �'-= ; devises electronic delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. 512.14: SEVERABILITY: If any section or provision of this ordinance is held invalid, such invalidity shall not affect other sections or provisions which can be given force and effect without the invalidated section or provision. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: Ordinance 885 Page 13 On January 27, 2014, the City Council adopted Ordinance 885 that amends Chapter 512, of the Mounds View City Code to add language to regulate and define Electronic Cigarettes (E - Cigarettes). A printed copy of the ordinance is available to view during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.ci.mounds-view.mn.us. SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the Mounds View City Council this 13th day of January, 2014. SECOND READING AND ADOPTION by the Mounds View City Council this 27th day of January, 2014. PUBLICATION DATE: Thursday, February 6, 2014. Adopted this 27th day of January, 2014. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (seal) 1 v F item No: 713 Meeting Bate: January 27 2014 Type of Business: Bu in_ess City Administrator Review: t9 Iril..� To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 8205, Approving a Variance Extension for the "Longview Estates" Development; Introduction: In August 2010, the City Council passed Resolution 7658 that approved a variance to allow for reduced lot widths in a wetland district. The Planning Commission originally d niedt has the variance, but the City Council approved the applicant's appeal. Per city code, an app' canone year after the variance or appeal is granted to complete the work or the approval is void unless an extension has been granted. Chapter 1125.02: Variances and Appeals Subd. 5. Lapse of Variance or Appeal: Whenever, within one year after granting a variance or appeal, the work as permitted by the variance or appeal shall not have been completed, then such variance or appeal shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Board of Adjustment and Appeals, such extension shall be requested, in writing, and filed with the City Administrator at least thirty (30) days before the expiration of the original variance or appeal. There shall be no charge for the filing of such petition. The request for extension shall state facts, showing a ti good faith attempt to complete the work permitted in the variance or appeal. Discussion: The City Council approved one-year extensions in 2011 and 2012, and a 6 -month extension In 2013 for this variance. In 2013, Marty Harstad, representing Eichi, Inc. felt that a 6 month ve extension would be enough time, but he has run into an unexpected delay, and needs more time. Mr. Hastad has submitted a letter requesting a one year extension of the variance, as allowed per City Code. The housing market is showing signs of improvement, and Mr. Harstad has been talking with some builders and feels that he will complete the major subdivision of the Longview Estates property within the next year. Recommendations: y Council pass Resolution 8205, approving a one year extension fort e Staff requests the Cit variance approving reduced lot widths in a wetland district on the Longview Estates property. Respectfully submitted, LTMJLQI� Heidi !-teller Planning Associate nttact!ments: ,a=m®'® i"t 1, Extension bequest frorn Marty Harstad with Harstad neve opme 2. Resolution 8205 Construction ® Real Estate ® Development 2195 Silver Lake Road 0 New Brighton, Minnesota 55112 (651)636-9991 January 20, 2014 Jim Ericson City of Mounds mew 2401 County Roadd 10 Mounds View, MN 55112 Dear Jim, Due to unforeseen circumstances we are having problems with our wetland permitting for our ten lot project known as Longview Estates. Because of this I would like some additional time from the city to finalize the permitting process. Please consider this my official request for an extension of the Longview Estates lot variance the City Council approved as Resolution 7658. It is my understanding that Heidi has.placed us on the council agenda for 12/27/14. I will appear at the meeting to give the council a full update on the status of this matter as well as an update to the status of the Red Oak project. Thank you for your continued help. Sincerely, 1VIart1]'V 'N. Flarstad president RESOLUTION NO. 00205 RESOLUTION APPROVING AN EXTENSION OF A VARIANCE FOR THE LONGVIEW ESTATES DEVELOPMENT; MOUNDS VIEW PLANNING CASE NO. VR2010-002 WHEREAS, Eichi Inc., represented by Marty Harstad, applied to the City for a variance to allow for reduced lot widths within a wetland zoning district; and, WHEREAS, the proposal would have eight of the ten single family lots in the proposed Longview Estates subdivision with reduced lot widths; and, WHEREAS, the City has zoned the property known as Longview Estates, R-1, Single Family Residential, and the subject parcel is legally described as follows: Lot 4, Block 1, Mueller Addition, Ramsey County, Minnesota PIN 07-30-23-42-0066 WHEREAS, the City Council approved Resolution 7658, approving the variance on August 9, 2010, and; WHEREAS, the City Council approved Resolution 7794, approving a one-year extension for the variance on May 23, 2011, and Resolution 7975, approving another one-year extension for the variance on August 13, 2012, and Resolution 8123, approving a 6 -month extension on July 22, 2013; and, WHEREAS, the resolution of approval states that if within one year after granting the variance or appeal, the work as permitted by the variance has not been completed, then such variance shall become null and void unless an extension of time has been requested by the applicant and granted by the City Council, and; WHEREAS, the applicant has indicated the Longview Estates major subdivision will not be completed within the allowed timeframe and has requested a one year extension of the variance consistent with the provisions of Resolution 7658. NOW, THEREFORE, BE IT RESOLVE® that the Mounds View City Council approves a one year extension to complete the "Longview Estates' major subdivision. Adopted this 27th day of January, 2014. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (SEAL) MOUNDS VIEW of Mounds view Staff Item No: 7C Meeting Date: January 27, 2014 Type of Business: Bust ess Administrator Review: To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 8206, Wetland Alteration Permit for Edgewood Middle School, WA2014-001 Discussion: Edgewood Middle School is proposing to build a 25 foot by 25 foot elevated deck that would be placed on a small peninsula in the middle of a horseshoe shaped pond that is on the school's property. The deck would be elevated off the ground about 18 inches. The area where the deck is proposed is a designated wetland and per City Code Chapter 1010, a wetland alteration permit is required for construction within a wetland. Because the permit is considered an alteration and does not meet the criteria for administrative approval, this request must go before the City Council. The deck would be used as an outdoor classroom and needs to be big enough for about 30 students. It would be used by various classes to do water quality testing, macro - invertebrate sampling, ecosystem studies and just bringing the students outside to a different environment to learn and take advantage of the forest that is on the property. The pond is shallow and muddy, but is frequented by several types of birds. The peninsula is raised and covered in grasses, and accessible via a walking trail that currently exists on the property. The DNR made some suggestions and the school has cleared a path leading directly to the deck site and will use woodchips to help reduce tracking mud around. The school has received permits from both Rice Creek Watershed District and the Army Corps of Engineers for this project. Mounds View City Staff has also reviewed the proposal and has no objection. Recommendation: Staff recommends Council pass Resolution 8206, approving a wetland alteration permit for a deck at Edgewood Middle School. Respectfully submitted, CML Heidi Heller Planning Associate Attachments: 1. Map showing wetland area 2. Aerial view 3. Resolution 8206 Wetland Map City of Mounds View, MN WETLAND MAP SERIES Legend ® Wetland (Less than 1 Acre) Wetland ((keater than 1 Acro) 100 Foot Wotland Buffer 0 (Wetlands Greater than"I Acre) L Waterway BtMdings 'L -- j City Limb - Storm Water Pond =Parcels Outside City Limits Sawca: rfa�a]i Daqudy, FE—MAW amavd Data, OV of MwwhvaYKxd SM ra R1ilC SrJI 74 ~i � Edgewood Middle School - proposed deck 4 t WHEREAS, Edgewood Middle School, 5100 Edgewood Drive, has requested a wetland alteration permit to allow for the construction of an elevated deck in a wetland area to be used as an outdoor classroom; and, WHEREAS, the property is legally described as: Subject to Roads and Easements, and Except the East 640 feet of the South 190 feet of the SE Y4 of the SW'4 of Section 8, Township 30, Range 23, Ramsey County, Minnesota PIN: 08-30-23-34-0003 WHEREAS, the Edgewood Middle School property is located within a wetland zoning district and is subject to the provisions and regulations articulated in Chapter 1010 of the Mounds View Municipal Code; and, WHEREAS, any construction activity is defined as "development' under Section 1010.05 of the Code and development within such districts is allowed by permit only; and, WHEREAS, the City Council has found that wetlands within the City, as part of the ecosystem, are critical to the present and future health, safety and general welfare of the land, animals and people within the City, as well as within the Rice Creek Watershed District; and, WHEREAS, the City Council has in mind its statutory obligation to comply with Chapters 104, 105 and 112 of Minnesota State Law, the regulations of Rice Creek Watershed District, Regulations of the Department of Natural Resources, including provisions for protected waters, Public Law 92.500 (Federal Water Pollution Control Act), open space policies of the Metropolitan Council and its guidelines encouraging protection and enhancement of marshes, wetlands in the flood plain area and the public interest in preventing irreparable destruction or deterioration of valuable natural resources; and, Resolution 8206 Page 2 WHEREAS, Edgewood Middle School has received approvals from Rice Creek Watershed District and the Army Corps. Of Engineers for the deck; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: a. Planning Application b. Wetland Map C. Aerial Photograph d. Staff Report WHEREAS, the proposal satisfies all of the wetland alteration permit approval criteria enumerated in Section 1010.08, Subdivisions 4 and 5. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the Wetland Alteration Permit requested by Edgewood Middle School, 5100 Edgewood Drive, contingent upon the following: 1. The permit shall apply ONLY to the construction of a deck; no grading activity, alteration or other development shall be allowed except by separate permit or amendment hereto reviewed and approved by the Mounds View City Council. 2. No waste, construction or otherwise, shall be allowed to enter into the wetland or any adjoining areas. 3. The constructed deck shall not impede or otherwise restrict the natural flow of surface water and stormwater runoff on the site. Adopted this 27th day of January, 2014. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (SEAL) Item No. 7.D MO _ _ Meeting Date: January 27, 2014 Type of Business: Council Business Administrator Review: %! City of Mounds View Staff Report Honorable DirectorFrom: Mark Beer, Finance ResolutionItem Title/Subject: .. Between for 2013 The City Council included a variety of transfers between funds as part of the 2013 budget. They are listed in the attached resolution in the Budget column. Resolution 8203 formally authorizes the listed transfers between funds in the Actual column for the year 2013. Some of the transfers can be adjusted. The transfer from the Special Projects Fund ($45,000) to the General Fund can be cancelled to preserve fund balance in the Special Projects Fund. The intent of this transfer was to off -set the cost of capital purchases that are not included with the listed equipment in the Vehicle and Equipment fund. There were no significant capital purchases this year that were not covered by the Vehicle and Equipment fund and not all capital purchases were made thus the reduction in the transfer to the General Fund. Transfers from the General Fund to the Community Center fund can be reduced by $25,000 due to increased revenues in the Community Center Fund. Transfers from TIF Districts 1, 2, and 3 to support the EDA operations and projects can be reduced to $25,000 each, some of the budgeted activities in the EDA fund did not occur thus reducing the need for a higher transfer amount. Transfers from TIF District 5 to the EDA fund should be adjusted to correspond to 5% of the increment available to be paid. Staff is recommending approval of resolution 8203 approving transfers between funds. Respectfully Submitted, Al Mark Beer —\_ � r! WHEREAS, the City has adopted budgets for various funds for 2013 that included inter -fund transfers for various purposes; and WHEREAS, it is possible to adjust some of the transfers from the originally budgeted amounts; and WHEREAS, some equipment in the General fund was not purchased; and WHEREAS, revenue in the Community Center Fund was higher than expected; and WHEREAS, some activities budgeted for in the Economic Development Authority Fund did not occur which eliminates the need to make the full budgeted transfers; and WHEREAS, The TIF District 5 transfer should reflect 5% of the increment collected. NOW THEREFORE, DE IT RESOLVED by the City Council of the City of Mounds View that the following transfers for the calendar year 2013 are hereby approved up to the amounts listed in the Actual column: From Sewer Fund Street Light Fund Storm Water Special Projects Fund Vehicle & Equipment General Fund General Fund Water Fund Sewer Fund Storm Water Fund Water Fund Sewer Fund Stone Water Fund TIF District #1 TIF District#2 TIF District#3 TIF District#5 Total General Fund General Fund General Fund General Fund General Fund Community Center Vehicle & Equipment Vehicle & Equipment Vehicle & Equipment Vehicle & Equipment Street Improvement Fund Street Improvement Fund Street Improvement Fund EDA EDA EDA EDA $67,372 $67,372 53,361 53,361 2,390 2,390 6,959 6,959 45,000 - 23,736 23,736 170,000 145,000 90,000 90,000 58,000 58,000 36,000 36,000 16,000 16,000 100,000 100,000 160,000 160,000 40,000 40,000 107,501 25,000 107,500 25,000 107,500 25,000 66,339 69,505 $1,257,658 $943,323 Page 2, Resolution 8203 Passed and adopted this lith day of January, 2014. Joe Flaherty, Mayor ATTEST: Jim Ericson, City Administrator (seal) of Moul7ds Vlew Staff R Item No: 7E Meeting Date: January 27 2014 Type of Business: Council Busin.ss Administrator Review: To: Honorable Mayor and City Council From: Nick DeBar, Director of Public Works Item Title/Subject: Resolution 8208, Authorizing KLM Engineering, Inc. to Perform Engineering Design Services and Prepare Bidding Documents for Rehabilitation of 2 -MG Ground Reservoir Background: In September 2013, the City Council authorized Inspec. Inc. to perform final design services and prepare bidding documents for reroofing and masonry renovation of the 2 -million gallon (MG) ground reservoir, booster station, and municipal well no. 2 (Res. 8158). KLM Engineering was also authorized to inspect and evaluate the interior wall coatings of the reservoir, including any unsafe OSHA conditions. During these inspections, it was discovered that larger issues exist with the ground reservoir structure that require a different approach to keep the reservoir serviceable and functional into the future. Discussion: The reinforced -concrete ground reservoir was constructed with the booster station in 1968 and has had minimal maintenance or improvements since constructed. The interior wall coating is in poor condition with approximately 75% overall failure. There is some evidence that leaks are occurring through the wall, however, it is not excessive and well below that of industry standards (AWWA). The overall interior of the reservoir is in fair to good condition. However, the inspection noted several hundred feet of cracking, spalling on the interior concrete walls, and many defects such as popouts and exposed reinforcement bars. In addition, the concrete roof is infiltrating ponded rainwater into the reservoir through cracks and construction joints. Structural improvements are also needed to meet current OSHA requirements. A copy of KLM's inspection report was previously provided to the Council for your information. Attached is KLM's updated cost estimate and recommendations for rehabilitating the ground reservoir. The updated cost estimate to perform the repairs and rehabilitation is $407,100. This work includes interior structural repairs, interior steel coatings, exterior structural repairs, and coating of the exterior roof and flashing. This work is recommended to be performed before any masonry renovation since it will address issues causing the masonry deterioration. KLM has informed Public Works that if rehabilitation work is completed to the reservoir, the reservoir should be serviceable and function for the next 30 to 40 years. In comparison, replacing the reservoir with a new tank is estimated between $3.5 to $4.5 million To make matters more pressing, Public Works needs to have the reservoir back on-line prior to the irrigation season (June 1). While the drinking water system could meet the typical summer demand, it would be much more wear and tear of the well pumps and motors and may require a ban on lawn sprinkling. KLM estimates 6 to 8 weeks for rehabilitation work to occur. Recommendation: Staff recommends that the City Council adopt the attached resolution authorizing KLM to perform engineering design services and prepare bidding documents for rehabilitating the ground reservoir. Monies have been budgeted under the water enterprise fund (700-4823-7050) for $350,000. Depending upon actual bids received, a future recommendation will be made regarding the reroofing and masonry renovation of the booster station and municipal well no. 2. Although important, these improvements are not as urgent as the reservoir rehabilitation. Respectfully submitted, t ti Nick DeBar— Director of Public Works RESOLUTION 8208 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA PREPARERY SERVICES AND BIDDINGr• _Y .. • •- GROUND WHEREAS, the City of Mounds View has a roof and exterior wall management plans that provide an approach for prioritizing and evaluating the various wall and roof conditions of the sixteen municipal facilities; and WHEREAS, the Ground Reservoir, Booster Station, and Well House No. 2 structures are in need of reroofing and masonry renovation scheduled for 2014, and KLM Engineering inspected and evaluated the interior wall coatings and OSHA conditions of the ground reservoir as part of the design process; and WHEREAS, KLM's inspection revealed conditions that require unforeseen repairs and rehabilitation to the reservoir including interior structural repairs, interior steel coatings, exterior structural repairs, and coating of the exterior roof and flashing; and WHEREAS, the reservoir repairs and rehabilitation work needs to supersede the reroofing and rnasonry renovation of the booster station and well house; and WHEREAS, KLM provided a fee proposal to perform engineering design services and prepare bidding documents for the rehabilitation of the 2 -MG Ground Reservoir for an estimated fixed fee of $9,500 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The fee proposal submitted by KLM Engineering, Inc. for $9,500 to perform engineering design services and prepare public bidding documents for rehabilitation of the ground reservoir is hereby accepted by the City. 2. The Director of Public Works is authorized to execute and enter into a professional services agreement, for and on behalf of the City, with Inspec and KLM for said services. 3. Monies for said services will be paid from the water enterprise fund under account 700- 4823-7050. Adopted this 27th day of January, 2014. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (SEAL) January 20, 2014 Nick DeBar Public Works Director City of Mounds View 2401 County Road 10 Mounds View MN 55112-1499 �h,'' rl/fid P.O. Box 897 • 3394 Lake F.Imo Ave. N o Lake ❑mo, NN 55042 (651) 773-5111 e Fax (651) 773-5222 By Email Only RE: Updated Cost Estimate for the Recommended Repairs to the 2,000,000 Gallon Concrete Ground Storage Reservoir in Mounds View, MN KLM Project MN 3146 Mr. DeBar: As requested during the meeting last Thursday regarding the recommended repairs to the 2,000,000 gallon concrete GSR, IuM prepared a revised scope of work along with an updated cost estimate. The following cost estimate is based on a Spring 2014 construction schedule and the use of standard zinc and acrylic or polyurea coatings depending on the location. SCOPE OF WORK - 2014 The following scope of work reflects KLM's professional opinion that it is more cost effective to isolate the primary problem areas by resolving the known issues first, then isolating and dealing with potential secondary issues. What is known is that a) water is infiltrating into the reservoir through the roof, and b) some areas of brick work have and are deteriorating. It is NOT known if the reservoir is leaking, and cannot be larown until the reservoir is isolated and a leakage test is performed, which in turn should not be completed until we can be sure no water infiltrates into the reservoir from the roof. Therefore, rehabilitation work should focus on these areas, with other potential rehabilitation work delayed until these are complete. Brick work can be delayed and should be performed separately, as it does not require an empty reservoir to perform this work. Interior Wet Structural Perform the structural modifications as identified in Sections 3.1.2, 3.1.3, and 3.1.4 of KLM's report. In addition to these, perform the following: Remove the interior caulking and backing rod from the vertical and horizontal construction joints on the exterior wall, and replace with Sika -flex la. There are twelve (12) vertical construction joints, one located at each pilaster, and two (2) horizontal construction joints. 2. At the Owner's option, remove the interior caulking from the vertical and horizontal construction joints on the exterior wall. T here are eight (8) vertical construction joints and two (2) horizontal joints. The cost of this item is not included in this cost estimate. If the intent is to eliminate leakage out of the reservoir, this item is not required. The Owner may choose to perform this to minimize the likelihood and effects of corrosion on reinforcing steel at these joints. 3. If, during the repair of the exterior wall construction joints, additional obvious cracking is discovered, this should be repaired by saw -cutting and caulking similar to that described in 3.1.2. Interior Wet Coating - Concrete IaM does not recommend any coating repairs or replacement at this time. Following interior construction joint caulking replacement and exterior roof coating, the reservoir can be tested for leaking. If excessive leakage is found, the reservoir can be drained next year for interior coating removal and crack repair. At that time, interior coating of the walls and floor by installation of a polyurea coating system would be at the Owner's option, when its cost can be evaluated against potential leakage following crack repairs. Interior Wet Coating - Piping Perform the abrasive blasting and painting of the steel piping and appurtenances as identified in KLM's report. Exterior Structural Repairs Perform the structural modifications as identified in Sections 3.4.1 to 3.4.5 of KLM's report. In addition, perform the following: 1. Perform repair of spalling and air voids of the exterior edge of the concrete roof by hand application as described in Appendix C. 2. Replace the caulking at the butt joints of the flashing as seen in photo 48 of KLM's inspection report, and between both the inner and outer joints between the flashing and the concrete. Exterior Coating — Roof Following exterior structural modifications, coat the entire roof with a polyurea coating system as identified in Section 3.5 of KLM's inspection report. Exterior Coating — Roof Edge Concrete and Outer Flashing In addition to coating the top of the roof with a polyurea coating system, coat the outer face of the concrete roof and flashing with an acrylic coating system. REVISED COST ESTIMATE Interior Wet Structural Repairs $ 33,700.00 Interior Wet Coating — Concrete No Repairs Interior Wet Coating — Steel Only $ 15,000.00 Exterior Structural Repairs $ 87.900.00 Exterior Coating — Roof $247.500.00 Type of Coating System — Polyurea Exterior Coating — Roof Concrete and Plashing Type of Coating System — Acrylic $ 3,000.00 Mobilization $ 20.000.00 Estimated Total Cost $407,100.00 Please call Jack Kollmer at 651-773-5111 with any questions Sincerely, KLM Engineering, Inc. Jack R. Kollmer Principal Associate/President NACE Certified Coatings Inspector No. 691 i Matt Erickson, PE Manager of Engineering MN PE License No. 42727 NACE Coatings Inspector No. 44806 CC: Don Peterson, City of Mounds View Jack Kollmer/Shawn Mulhern/Scott Kriese, KLM Engineering 4 "' Item No: 07F Meeting Date: January 27, 2014 1A0�SzIEW Type of Business: Council Business City of Mounds View Staff Report MENEir- To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8209 Approving a Three Year Labor Agreement with LELS 232 (Police Sergeants) Effective from January 1, 2014 through December 31, 2016 Background: The previous labor agreement with LELS 232 (Police Sergeants) expired at the end of 2013. The City and the Union have conducted a series of negotiation sessions and have come to an agreement on terms for the three year period beginning January 1, 2014. Incorporated into this labor agreement are the results from the Compensation Study conducted by Springsted in 2013. The study determined that the sergeants were.paid 2.08% less than sergeants in comparable communities. Discussion: The Agreement provides for the following changes: Article 17: Insurance The City Council has already approved an increase in the monthly insurance contribution to non-union personnel of $20. The same increase would be provided to the Sergeants, bringing the contribution up to $980 per month for health & dental insurance in 2014. The monthly contribution in 2015 and 2016 would be tied to the increase in the premiums as follows: If the Health Insurance Premium Increases by The Maximum Monthly City Contribution will increase by: Less than 1 % No change 1% to 6% +$10 6% to 10% +$20 11% to 15% +$30 Greater than 16% +$40 Article 27: Duration The change here simply indicates that the agreement is for three years, effective January 1, 2014 through December 31, 2016. LELS 232 Labor Agreement January 27, 2014 Page 2 Appendix A: Wages Consistent with the non-union personnel, the City has offered a consistent 2% cost of living adjustment for each year of the agreement. This increase mirrors what other communities have offered to their bargaining groups. In addition, the wages in 2014 and 2015 include an additional increase to account for the market rate adjustment consistent with the compensation study conducted by Springsted. Thus, the wages for the Sergeants would increase by the following rates during the term of the contract: 2014: 2015: 2016: Market COLA TOTAL 1.08% 2.00% 3.08% 1.00% 2.00% 3.00% 2.00% 2.00% It is recommended the City Council approve Resolution 8209 approving the labor agreement with LELS 232 (Police Sergeants) effective January 1, 2014 through December 31, 2016. Respectfully submitted, James Ericson City Administrator RVINI- •: '., . .,• '.! 1. w�•�;�. ._ 1 �. 1 R i�-f _.:; .� [HE MOUNDS VIETUM WHEREAS, the previously approved Labor Agreement with the Police Sergeants (LELS 232, the "Union") expired at the end of 2013; and WHEREAS, the City and the Union held a series of negotiating sessions in an effort to ratify a new agreement; and WHEREAS, the Union has reviewed and agreed to the following terms: Article 17: Insurance The Citywill contribute $980 per month for health and dental insurance. The monthly contribution in 2015 and 2016 would be tied to increases in the premiums as follows: If the Health Insurance Premium Increases by The Maximum Monthly City Contribution will increase by: Less than 1 % No than e 1 % —to50/1 +$10 6% to 10% +$20 11 % to 15% +$30 Greater than 16% +$40 2. Article 27: Duration The Agreement is for three years, effective January 1, 2014 through December 31, 2016. 3. Appendix A: Wages Market COLA TOTAL 2014: 1.08% 2.00% 3.08% 2015: 1.00% 2.00% 3.00% 2016: 2.00% 2.00% NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby approve a three year Labor Agreement with LELS 232 (MVPD Sergeants) effective January 1, 2014 through December 31, 2016. Adopted this 27th day of January, 2014. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (seal) LABOR AOREEMEN9 u BETWEEN CITY OF MOUNDS VIEW AND LAW ENFORCEMENT LABOR SERVICE , INC. (Local 232) January 1, 2014 20-7-1- to December 31, 2016 2-0-14 ARTICLE 1: ARTICLE 2: PURPOSE OF THIS AGREEMENT..............................................................1 RECOGNITION............................................................................................<..1 ARTICLE3: ARTICLE4: DEFINITIONS........................................................................................ EMPLOYER SECURITY...................................................................... EMPLOYER AUTHORITY............................................................................ ......... a ' ........ 2 2 ARTICLE5: ARTICLE6: ARTICLE 7: ARTICLE8: ARTICLE 9: ARTICLE 10: ARTICLE 12: ARTICLE13: ARTICLE14: ARTICLE15: ARTICLE 16: ARTICLE17: ARTICLE18: UNION SECURITY.......................................................................................... 2 EMPLOYEE RIGHTS e GRIEVANCE PROCEDURE ............................... 3 SAVINGS CLAUSE..........................................................................................6 PROBATIONARY PERIODS . SENIORITY ............................. ...................................................................... 6 . CONSTITUTIONAL PROTECTION............................................................. 7 WORK SCHEDULES........................................................................................7 OVERTIME........................................................................................................S COURT DUTY................................................................................................... 8 WORKING OUT OF CLASSIFICATION...................................................... 9 INSURANCE...................................................................................................... 9 UNIFORMS........................................................................................................9 VACATION ARTICLE19: ARTICLE20: ARTICLE21: ......................................................................................................10 SICK LEAVE................................................................................................. SEVERANCE PAY..........................................................................................11 HOLIDAYS ARTICLE23: .......................................................................................................12 ARTICLE24: INJURY ON DUTY.........................................................................................12 ARTICLE25: WAIVER...........................................................................................................12 ARTICLE26: POST LICENSES.............................................................................................13 ARTICLE27: DURATION......................................................................................................13 APPENDIXA: WAGES.............................................................................................................14 APPENDIX B: MAXIMUM SICK LEAVE HOURS ELIGIBLE FOR EMPLOYEE'S RETIREMENT HEALTH SAVINGS PLAN..............................................................15 This AGREEMENT is entered into between the CITY OF MOUNDS VIEW, hereinafter called the EMPLOYER, and the LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL NO. 232), hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. 2.1 The EMPLOYER recognizes the UNION as the exclusive representative under Minnesota Statutes, Section 179A.12, Subdivision 8, for all police personnel in the following job classification: Sergeants 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3: DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc. (Local No. 232). 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. (Local No. 232). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Mounds View Police Department. 3.5 EMPLOYER: The City of Mounds View. 3.6 CHIEF: The Chief of the Mounds View Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc. (LELS). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's SCHEDULED SHIFT. 1 Concerted action in failing to report for duty, the willful absence 3.12 STRIKE: from one's position, the stoppage of work, slow -down, or abstinence in whole or part from the full, faithful and proper performance of the duties of employment or the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4: EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE' 5: EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions ugs and modify the t and amend budgets; to determine the utilization of technology; to establish organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE 6: UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6,2 The UNION may designate employees frorr the bargaining unit to act as Steward and an and shall inform the EMPLOYER in w:iting of such designation and changes in the position of Steward and/or alternate. 2 A work period including rest breaks and a lunch break. 3 9 SC17TEDULED consecutive SHIFT: 3.10 REST BREAKS' Periods HEDULED rem onto ual dutyHand ing which �isU1responsible the for employee remaing ins on continual assigned duties. 3.11 LUNCH BREAK: duringSCHEDULEDIFT duy Hand ring which isresponsibleor employee remains assigned duties. Concerted action in failing to report for duty, the willful absence 3.12 STRIKE: from one's position, the stoppage of work, slow -down, or abstinence in whole or part from the full, faithful and proper performance of the duties of employment or the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4: EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE' 5: EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions ugs and modify the t and amend budgets; to determine the utilization of technology; to establish organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE 6: UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6,2 The UNION may designate employees frorr the bargaining unit to act as Steward and an and shall inform the EMPLOYER in w:iting of such designation and changes in the position of Steward and/or alternate. 2 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6 L The UNION agrees to indemnify and hold the EMPLOYER hanxiless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. 7.1 Definition of Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terns and conditions of the AGREEMENT. 7.2 Union Representatives The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by the Article. The UNION shall notify the EMPLOYER in writing of the name of such UNION representatives and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 Processing of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal wonting hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the employee and the UNION Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure Grievances, as defined by Section 7.1 shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of the AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in 7 writing setting forth the nattue of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT, allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten 0 0) calendar days after the EMPLOYER -designated representative(s) final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the Chief of Police. The Chief of Police shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Chief of Police's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the City Cleric -Administrator. The City Clerk - Administrator shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the City Cleric -Administrator's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 3.a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract ftom the terms and conditions of the AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make decisions on any other issue not so submitted. 4 B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of the law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terns of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 Choice of Remedy If, as a result of the written EMPLOYER response in Step 3 of the grievance remains unresolved, and if the grievance involves discipline of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or other appeal procedure such as Civil Service, Veterans Preference, or other employment laws. If appealed to another appeal procedure the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized -Step 4 of Article 7 or Civil Service. and shall sign a statement to the effect that the choice precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 7. The election set for the above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportiulity Cormnission. 5 ARTICLE 8: SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Mirmesota and the Ciiy of Mounds View. 11, the event ally provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. 9.1 All newly hired or rehired employees will serve a twelve (12) months' probationary period. At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 9.2 All employees will serve a six (6) months' probationary period in any job classification in which the employee has not served a probationary period. 9.3 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE 10: SENIORITY 10.1 Seniority shall be determined by the employee's length of continuous employment as a sergeant in the Mounds View Police Department. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 10.2 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of the employee's layoff before any new employee is hired. 10.3 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job -relevant qualifications of employees are equal. 10.4 Senior qualified employees shall be given shift assignment preference. 6 i i. i The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge 11.2 Suspensions, demotions and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 11.5 Discharges will be preceded by a five (5) day suspension without pay. 11.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 11.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the grievance procedure under ARTICLE VII. ARTICLE 12: CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens of the United States and Minnesota State Constitutions. ARTICLE 13: WORK SCHEDULES 13.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training: d) authorized leave time 7 13.2 Holidays and authorized leave tine is to be calculated on fire basis of the actual length of time of the assigned shifts. 13.3 Employees who attend mandatory meetings, during time periods that fall outside their regularly scheduled shifts, shall receive a minimum of two (2) hours pay. 13.4 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE 14. OVERTIME 14.1 Employees will be compensated at one and on -half (1 '/2) times the employees' regular base rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 14.2 Overtime will be distributed as equally as practicable. 14.3 Overtime refused by employees will for record purposes under At 14.2 by considered an unpaid overtime worked. 14.4 For the purposes of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 14.5 Overtime will be calculated to the nearest fifteen (15) minutes. 14.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee for so working. 14.7 Employees may take compensatory time in lieu of overtime pay. Compensatory time may be accumulated up to sixty (60) hours. ARTICLE 15: COURT DUTY 15.1 An employee who is required to appear in Court during the employee's scheduled off- duty time shall receive a minimum of four (4) hours pay at one and one-half (1 '/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearances does not qualify the employee for Court time. 15.2 Employees notified by the employer/court to be on court standby status will be compensated a total of three hours based upon the employee's normal hourly rate for each day the employee is to standby for court duty but not called for court. A summons to court on a standby day will preclude standby pay. 15.3 The cou?t/standby compensation will not be given unless the employee contacts the court line the evening prior to scheduled appearance between the hours of 1530 and 1630 hours to verify status, and duly reports such on the Court/Standby request. ARTICLE 16: WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule for the higher classification for the duration of the assignment. ARTICLE 17: INSURANCE 17.1 The EMPLOYER will contribute a maximum amount of $980.00 $867.33 per month in 2014 2011 and $917 11 ,,..a in ''^' ' to each full-time permanent employee, for group health, dental, and life insurance including dependant coverage. In 2015 and 2016 2413, the EMPLOYER will contribute a maximum amount per month based on the percent change in health insurance premiums, as follows: r+ rhe Health Insurance The Maximum Monthly Less than 1% 1% to 5% = O/ to 10% + 11%to 15% + 17.2 Employees may designate any unused portion of the EMPLOYER contribution amount to provide dental coverage and/or supplemental life insurance offered according to established guidelines through the City's plans. ARTICLE 18: UNIFORMS The City shall provide a uniform allowance of $710.00 per year for the duration of this agreement. ARTICLE 19: VACATION 19.1 Vacation pay: If an employee desires vacation pay in advance of vacation, the employee must give the EMPLOYER at least three weeks notice in writing. 19.2 Carry Over and Waiver of Vacation Leave: Ten days of vacation plus the amount accrued up to December 31st of the previous year may be carried over into the next year. E 19.3 Vacation Schedule: Vacation will be granted employees according to the following schedule: 1 through 5 years 10 days After 5 years through 10 years 15 days After 11 years 16 days After 12 years 17 days After 13 years 18 days After 14 years 19 days After 15 years 20 days After 20 years 25 days 19.4 One continuous vacation period shall be selected on the basis of seniority until May 1St of each calendar year. 19.5 After May 1St vacation shall be awarded on a first come first serve basis. Vacation requests shall be submitted no more than 30 days in advance. Vacation requests can be submitted more than. 30 days in advance with the specific permission of the Chief. In the event any employee group receives additional vacation leave in excess of leave listed in 19.3 this bargaining unit shall receive the same increase. ARTICLE 20: SICK LEAVE 20.1 Eligibility: Sick Leave with Pay. Any employee who has been continuously employed for a period of one year or longer may in any calendar year be granted sick leave not to exceed thirteen (13) working days with full pay. An employee may borrow up to thirty (30) days of sick leave with the approval of and under conditions set out by the EMPLOYER. Sick leave is defined to mean the absence of an employee because of illness, exposure to contagious disease, attendance of such employee of a member of the employee's immediate family requiring the care or attendance of such employee, or death in the immediate family of the employee. The EMPLOYER may in any case require evidence in the form of a certificate from the employee's physician for verification of the reason for any employee's absence during the time for which sick leave is granted. 20.2 Accrual and Use. Sick leave may be accumulated to a maximum of 120 days. 20.3 Proof Required. In order to be eligible for sick leave with pay an employee must: a. Report promptly to the employee's department head no later than 30 minutes before the start of the shift the reason for such absence. b. Keep the department head informed of the employee's condition, if the absence is more than three (3) days duration. C. Submit a. medical certificate for any absence exceeding three (3) days if required by the EMPLOYER. 10 d. Penalty. Claiming sick leave when physically fit, except as permitted in this section, may be cause for disciplinary action, including transfer, suspension, demotion or dismissal. e. A regular employee who meets the other requirements of this section and who receives Workers Compensation payments shall be granted accrued sick leave pay in the amount of the difference between Workers Compensation payments and the employee's net salary. 20.4 Other leave may be granted in accordance with the Family and Medical Leave Act (FMLA) as appropriate. AR'T'ICLE 21: SEVERANCE PAY 21.1 Upon separation from employment with the City, employees with less than twenty (20) years of service and leave m. good standing will receive a lump -sum taxable severance compensation for all accrued vacation and compensatory time. 21.2 Upon separation from employment with the City, employees with twenty (20) or more years of service and leave in good standing shall direct 100% of any vacation and compensatory time balances to Retirement Health Savings Plan (RESP), as provided in Article 22. 21.3 Upon separation, all employees shall direct eligible sick leave balances to their RHSP, as provided in Article 22. ARTICLE 22: RETIREMENT HEALTH SAVINGS PLAN 22.1 The City of Mounds View offers its employees a Retirement Health Savings Plan pursuant to Internal Revenue Code regulations through a third party administrator selected by the City. Future changes in the Internal Revenue Code regulations may change the tax status of this plan and the City shall not be liable for such changes. Contribution to the Plan shall occur according to the following provisions: A. Employees who have completed two or more years of service and leave in good standing shall direct their eligible sick leave compensation to the Plan. Eligible sick leave shall be computed based on years of completed service, less any elected annual contributions, computed according to the table in Appendix B, at a conversion rate of two for one (50%). (Employees who separate with less than two years of completed service are not eligible to be compensated for any accrued sick leave.) 11 B. Employees who had accumulated 960 or more hours of sick leave as of January 1, 2005 are not subject to the computation taU1e iii Appendix B. Rather, any such, employee shall direct sixty-five percent (659/6) of their remaining sick leave compensation to the Plan. C. Upon separation from employment with the City, employees with twenty (20) or more years of service and leave in good standing shall direct 100% of any vacation and compensatory time balances to the Plan. Employees with less than twenty (20) years of service and leave in good standing will receive a lump -sum taxable severance compensation for all remaining vacation and compensatory time as provided for in Article 21.1. D. Employees shall contribute a percentage of their annual pay on a pre-tax basis to the plan, as follows: Sergeants will contribute 2% of salary. ARTICLE 23: HOLIDAYS All employees shall receive the following holidays: New Years Day, Martin Luther King Day, Presidents Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. (The total munber of paid holiday hours is equal to one hundred fifteen and one half (115.5) hours annually.) Employees assigned to work on these holidays shall receive an extra one-half hour of pay for any hours worked. ARTICLE 24: INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave or other . accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers Compensation insurance payments. Employees drawing Workers Compensation benefits will not receive supplementary IOD pay or sick leave pay which provides for more after tax take-home pay than the employee made while working. ARTICLE 25: WAIVER 25.1 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all teens and conditions of this employment referred to 12 or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered in the AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 26: POST LICENSES The EMPLOYER will pay the cost of maintaining POST licensure. ARTICLE 27: DURATION This AGREEMENT shall be effective as of January 1, 2014 2044, and shall remain in full force and effect until December 31, 2016 2813. In witness whereof, the parties hereto have executed this AGREEMENT on this _ day of 2014 2(�Q. FOR THE CITY OF MOUNDS VIEW FOR L.E.L.S. 13 APPENDIX A: WAGES Effective January 1, 2014 2044- ii 2014 2W4 2015 2013 2016 201-3 Step 1 (Starting)32.1^^ Q� $33.11 $30-721=77434--" a: Step 2 (after 6 months) 3$ 4 15$32.163$ 5.18 $, 64 JK.884a3,13 Step 3 (after 12 months) 36.16- 34:04 $37.25- 34:36 13-7-9-943-5--" Step 4 (after 24 months) 38.17 Q� 3� 9.32 364$ 40.10-x-3703 Step 5 (after 36 months) 18431-83 $41_324HA0 42.2143 98 The wa es noted above include a market rate a .ushnent of 1.08% in 2014 and 1.00% in 2015 in addition to 2% cost of living adjustments (COLA) in each of the threeyears. ii 14 a: APPENDIX & Maxirciturt Sick heave Hours Eligible for Employee's Hetiremen% Health Savings plan Completed Years Annual Max Annual Hours Max Cumulative Hours Rate of o Transfer of Service Accrual Eligible for Plan Eligible for Plan* 50% 1 96 (not eligible (not eligible) (not eligible) 2 96 96 192 81 3 96 96 288 144 4 96 96 384 192 5 96 96 480 240 6 96 96 576 288 7 96 96 672 336 8 96 96 768 384 9 96 96 864 432 10 96 96 960 480 11 96 20 980 490 12 96 20 1000 500 13 96 20 1020 510 14 96 20 1040 520 15 96 20 1060 530 16 96 20 1080 540 17 96 20 1100 550 18 96 20 1120 560 19 96 20 1140 570 20 96 20 1160 580 21 96 20 1180 590 22 96 20 1200 600 23 96 20 1220 610 24 96 20 1240 620 25 96 20 1260 630 26 96 20 1280 640 27 96 20 1300 650 28 96 20 1320 660 29 96 20 1340 670 30 96 20 1360 680 31 96 20 1380 690 32 96 20 1400 700 33 96 20 1420 710 34 96 20 1440 720 35 96 20 1460 730 * Hours directed to the Plan on an annual basis, if such option is utilized, shall be deducted from the maximum cumulative eligible for purposes of Plan contribution upon separation. Sick leave balances in excess of the Eligible Hours as noted herein are not available for reimbursement, payout or deposit into the plan or as severance in any form. 15 Movrms VtEw of Mounds View Staff Item No: 08A Meeting Date: January 27 2014 Type of Business: Consent To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8204 Supporting Ramsey County's Request for Transportation Funding Associated with Interstate 35W, Highway 96, County Road H and Roads within TCAAP Introduction: Ramsey County is requesting state funding to assist with the much needed and long overdue transportation improvements that will benefit the TCAAP redevelopment project and adjoining communities. Discussion: To help support the County's request for funding, the City has been asked to approve a resolution which can be included in the County's funding request. The County Road H and Highway 96 bridges over 35W are in need of replacement and the connections between County Road H and 35W are in need of correction and completion. The requested funding will help these much needed transportation projects move forward, projects which will directly benefit the City of Mounds View, commuters who travel through our area and future residents and employees within the TCAAP site. Recommendation: Staff recommends the City Council -act favorably upon the attached Resolution 8204 which is a stement of support from the city ng the County's nding request for much nCouncil eeded tr nsportation improvementson 35W! County Road Hu Highway 96 and roads within the TCAAP site. Respectfully submitted, J James Ericson City Administrator Attachments: 1. Resolution 8204 RESOLUTION OF SUPPORT FOR RAMSEY COUNTY'S REQUEST FOR TCAAP ROAD IMPROVEMENTS AT 35W / HIGHWAY 96 AND 35W / COUNTY ROAD H WHEREAS, 430 acres of the i win Cities Army Ammunition Plant ("rCAAP) site have been purchased by Ramsey County from the United States Government for pollution remediation and redevelopment; and WHEREAS, the City of Arden Hills has partnered with Ramsey County to best determine future land uses that will serve residents of the City and region well into the future; and WHEREAS, redevelopment of this site will build new tax base, create living wage jobs, and meet regional housing goals; and WHEREAS, to ensure that the development of this site is completed in a timely manner, $35 million is needed from State funds for improvements to the interchanges at 35W / CSAH 96, 35W / County Road H and a new intersection at Highway 96 and interior spine road on the TCAAP site; and WHEREAS, the bridge at 35W / Hwy. 96 and the interchange & bridge at 35W / County Road H are slated for maintenance in the 2015 and 2016 MnDOT capital improvement plan; and WHEREAS, these improvements will benefit the cities of Arden Hills, Mounds View, Shoreview, New Brighton as well as large and small employers in the burgeoning "medical alley" corridor in the vicinity of 35W and 694; and WHEREAS, the 694/35W Corridor already supports more than 37,000 jobs, making it a major economic engine for the East Metro; and WHEREAS, these improvements will benefit all commuters throughout the region. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Mounds View supports these important roadway improvements and urges its legislative and state leaders to support Ramsey County's request for $35 million for the important capacity and safety improvements to these two interchanges. Adopted this 27th day of January 2014. Joe Flaherty, Mayor ATTEST: Ja;,,,,es C-ricson, City Administrator (seal) T4G'+IsXn y MOVOND U r- of Mounds view Staff Repore ty item No: 08B Meeting ®ate: Jan 27 2014 Type of Business: Consent To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8210 Updating Policy on Unclaimed and Surplus Property The City Council adopted a policy relating to the disposition of unclaimed and surplus property in March of 2004 with its approval of Resolution 6217. Recently, staff reviewed this policy with the City Council and pointed out that the strict reading of the policy was rather onerous ar amount would not pply.nd limiting, The City Coudndid not provide for a cill agreed that the policy should be ulwhich the policy updated. Discussion: The City Council review Resolution 6217 at its work session on November 4, 2013. There was agreement amongst the Council that there should be some flexibility built into the policy along with a dollar amount below which the City Administrator would be able to declare an item surplus or subject to disposal. The amount determined by the Council at the work session was $1,000. Recommendation: Staff recommends the City Council approve Resolution 8210, a Resolution which amends the Unclaimed and Surplus Property Policy as originally formalized by adoption of Resolution 6217. Respectfully submitted, can u James Ericson City Administrator Attachments: 1, Staff Report from Nov 4, 2013 2. Resolution 6217, Adopted March 22, 2004 3. LMC Report, March 2005 4. Resolution 8210 r 'c t h s MOUNDS - ®f Mounds �/i= r Item No: 6 Meeting Date: November 4 2013 Type of Business: Work_ Session To: Honorable Mayor and City Council From: James Ericson, City Administrator item Title/Subject: Review Policy on Disposition of Surplus / Excess Property Introduction: policy regarding surplus Atached is the tttm the League of E Cities and severauncl a report and dof polic esrfrom other comng lmunit es in the metro area. Discussion: The City's policy indicates that before anything can be disposed of, the City Council must first determine it to be so: working ccondition,t equipment, C tyllCouncil may cles, etc. have been replaced or are no longer in ay declare this property to be surplus." While the policy seems appropriate and similar to other communities, in practice the ess before ity to have the City it can be disposed of is ineffiicil dcient, especially whenclare" a piece of thepiece of equipt to be ment (orus or any before ther item owned by the cannot simply be thrownlouth the City Council has b s t declare t to be surplusfirrepaired, first. t Recommendation: It may be more practical and efficient if the City Council delegates to the City Administrator the ability and authority to declare such property to be surplus and disposed of in accordance with the established policy. As an alternative to this, perhaps such authority lue or for can be delegated only for items having been determined to hold no va asking the Council t those items with a replacement value less than $500. Staff is simply discuss what might be appropriate in this regard. Respectfully submitted, James Ericson City Administrator Attachments: 1, Resolution 6721 2. I -MC Article — nisposal of City Property 3. Other Cities' Policies ffm l E M a, # la e IBM „f+A ). 1 itics occasionally own real or per- sonal property that they no longer need and wish to dispose of. "Real. property" is real estate, or basically land and things attached to land such as buildings, Cities can often 8 convey, real property that is no longer i ceded."Personal property" is something subject to ownership that is not classified as real property, such as vehicles or equipment. Cities may own unneeded or unwanted personal prop- erty, such as obsolete office equipment, furniture or computers.There are a number of issues to consider when disposing of surplus city property. Cities should always consider the value of city property to be disposed. If the property has any morretary value, disposal of the property without rennr- neration arguably is akin to a municipal expenditure subject to the public pur- pose expenditure doctrine. In order for an expenditure of public funds to be lawful, there should be a public purpose for the expenditure, and there must be specific or implied authority for the expenditure in statute or in the city's charter. (See League research Menlo, Public Puipiose Expenditures available in the Library section of the LMC web site at: vwvw.lmnc.org.) State law authorizes statutory cities to acquire, manage, and dispose of real and personal property. Minnesota Stat- utes Section 412.211 specifically autho- rizes a statutory city to sell, convey, lease or otherwise dispose of real and personal property as its interests may require. Charter cities may have other provisions in their charters regarding their authority over real and personal property. Specific questions concerning a city's authority should be directed to the city attorney. Disposal of property by transferring it to another party is generally con- tractual in nature.Just like purchasing property, if property to be disposed of By Jed Burkett consists of supplies, materials or equip- ment, the contract is subject to the uniform municipal contracting law (Minnesota Statutes Section 471.345). If the contract is estimated to exceed $50,000, the city must use the corupeti- tive bidding process. If the contract is estimated to exceed $10,000 but not $50,000, the city has the option of using the competitive bidding process Or making the contract by direct nego- tiation. If the contract is estimated to be less than $10,000, the city has the option of making the contract upon quotation or in the open market. (See League research memo, Conipetitive Bid- ding. Requirements in Cities, available in the Library section of the LMC web site at: wwwlnnmc.org). Contracts concerning the purchase or sale of real property are not generally required to be competitively bid. Statu- tory cities may dispose of real property not held in trust for a specified public use. Cities generally have the power to sell or lease land or buildings they no longer need. Housing redevelopment authorities and economic development authorities must hold a public hearing before selling or leasing most land. There are a few limited situations tinder which a city may give away land or sell it for a nominal amount of money. (See League research memo, Purchase and Sale of Real Property, available in the Library section of the LMC web site at: tvww.lmnc.org.) Different considerations may arise depending on the intended recipient of the property The disposition of city equipment, supplies, materials or other property, including real property, to the federal government is not subject to the uniform contracting law or other char- ter: or statutory provisions (Minn. Stat. Sec. 471.64). Also, a city may uAnsfer its personal property for nominal value or without compensation to another public corporation such as a county or MARCH 2005 MI NNEso II, CI"I')Ls school district for public use (Minn. Stat. Sec. 471.85). Cities are generally prohibited from selling city property to city employees or officials. However, property owned by a city may be sold to a city employee after reasonable public notice at a pub- lic auction or by sealed response, if the employee is not directly involved in the auction or process pertaining to the administration and collection of sealed responses (Minn. Stat. Sec. 15.054). other requirements relate to disposal of unclaimed, forfeited or abandoned property. Property lawfully conning into a city's possession in the course of municipal operations, and remaining unclaimed by the owner for a period of at least 60 days, may be disposed of by the city under an unclaimed property ordinance providing for sale at public auction or through a community ser- vice nonprofit organization (Minn. Stat. Sec. 471.195). Disposition of prop- erty forfeited to the city in connection with criminal activity and the distribu- don of resulting proceeds is specifically governed by state law (Minn. Stat. Sec. 6095315). Similarly, state law governs the disposal of impounded abandoned motor vehicles (Minn. Stat. Ch. 168B). Additional information. For further information, or to request copies of relevant state statutes or League research memos, pleatie contact the League's Research Department at (651) 281- 1220 or (800) 925-1122. Research mennos are also available on the LMC web site. Please consult your city attor- ney for specific legal advice concerning the disposal of city property. Ir Jed Burkett is reseanrh attorney urith tine League ofAfinne.sota Cities. Phone: (651) 2814224. E-mail: jburkett(k�inrac. org. CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WHEREAS, the City of Mounds View frorn time to time has the need to dispose of unclaimed or surplus property, and WHEREAS, it is the desire and intent of the City to dispose of such property in a fair and effective fashion, and WHEREAS, the City wishes to establish a consistent practice by which said property is either sold, donated, or disposed in such a fashion to optimize value for the community, and WHEREAS, an open and visible process of dealing with unclaimed and surplus property is important to the City. NOW, THEREFORE HE IT RESOLVED that the Mounds View City Council does hereby approve effective March 22, 2004, the following policy: 1. Personal property. When personal property has lawfully come into the possession of the city in the course of its municipal operation, including the seizure or confiscation thereof by the police or by any other officer or employee of the city, and the property has remained unclaimed by the owner and has been in the possession of the city continuously for a period of 60 days, the City Clerk/Administrator may order the property to be disposed of in the manner provided in this Resolution. 2. Surplus Property. When city equipment, furniture, vehicles, etc, have been replaced or are no longer in working condition, the City Council may declare this property to be surplus. 3. Disposition of Unclaimed or Surplus Property. Unclaimed or surplus property can be disposed of using the following methods: 1) Public auction, 2) direct sale to the public; 3) donation to a nonprofit organization or other governmental unit; or 4) in the case of damaged property or property which has no significant value, the property may be recycled or disposed of as refuse. 4. Notice of auction or sale. If the property is going to be sold, either by auction or directly, an advertisement must be placed in the official newspaper of the city. The sale shall be held not less than six days following the date of the publication of the notice. 5. Content of notice. The notice shall contain: (1) a general description of the items of property to be sold; (2) the general manner under which the property came into the possession of the city; (3) whether the property will be auctioned or sold directly; and (4) the time and place of the auction or sale. 6. Sale. The auction or sale shall be conducted by the City Clerk/Adi ninistrator or his or her designee. 7. Postponement. The auction or sale may be postponed from time to time by inserting a notice of such postponement as soon as practicable in the newspaper in which the original notice was published. 8. Certificate of sale. When the sale of the property is made, the City Clerk/Administrator shall deliver to the purchaser a bill of sale containing a description of the property sold and the price paid for each item. 9, Proceeds of sale. Proceeds of the sale shall be deposited by the City ClerkhAdministrator in the appropriate fund of the city. Within six months from the date of the sale the former owner of any item of such property may make application to the city for payment of the proceeds of the sale and after satisfactory proof of ownership furnished to the city within six months from the date of sale, the city council shall order the sale price to be paid to the former owner, after deducting therefrom the actual or reasonable cost and expenses necessarily expended by the city in the conduct of the sale and the storage and care of the property. 10. Exceptions. This Resolution also does not apply to any impounded animal or real property; either land or buildings. Adopted this 22nd day of March 2004. Jerry Linke, Mayor ATTEST: Kurt Ulrich, City Administrator (SEAL) r WHEREAS, the City Council originally adopted the policy on Unclaimed and Surplus Property (the "Policy") by approving Resolution 6217 on March 22, 2004; and, WHEREAS, the City Council reviewed the Policy at its Work Session on November 4, 2013, recommending certain changes to provide for flexibility in dealing with limited value property; and WHEREAS, in an effort to be more efficient and provide for the orderly removal and disposition of junk and broken equipment, the City Council has determined that changes to the Policy would be desirable. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does hereby approve a revised Policy regarding Unclaimed and Surplus Property; replacing the Policy previously adopted in 2004 with the following language: 1. Personal Property. When personal property has lawfully come into the possession of the City in the course of its municipal operation, including the seizure or confiscation thereof by the police or by any other officer or employee of the city, and the property has remained unclaimed bythe owner and has been in the possession of the city continuously for a period of 60 days, the City Administrator may order the property to be disposed of in manner consistent with this Policy. 2. Surplus Property. When city equipment, furniture, vehicles, etc. have been replaced or are no longer in working condition, the City Council may declare this property to be surplus. Property with a value less than $1,000 may be declared surplus by the City Administrator. 3. Disposition of Unclaimed or Surplus Property. Unclaimed or surplus property can be disposed of using the following methods: ® Public auction ® Direct sale to the public ® Donation to a nonprofit organization or other governmental unit; In the case of damaged property or property which has no significant value, the property may be recycled or disposed of as refuse. Resolution 8210 Page 2 4. Auction or Sale Procedures. If the property is going to be sold, either by auction or directly, an advertisement must be placed in the official newspaper of the City. The sale shall be held not less than six days following the date of the publication of the notice. The notice shall contain the following information: ® A general description of the items of property to be sold ® The general manner under which the property came into the possession of the city ® Whether the property will be auctioned or sold directly; and ® The time and place of the auction or sale. The auction or sale shall be conducted by the City Administrator or his or her designee. The noticed auction or sale may be postponed by inserting a notice of such postponement as soon as practicable in the newspaper in which the original notice was published. When the sale of the property is made, the City Administrator shall deliver to the purchaser a bill of sale containing a description of the property sold and the price paid for each item. Proceeds of the sale shall be deposited by the City Administrator in the appropriate fund of the City. Within six months from the date of a sale, the former owner of any item sold or auctioned may make application to the City for payment of the proceeds of the sale after having furnished satisfactory proof of ownership to the City. The City Council shall authorize the sale price to be paid to the former owner, after deducting therefrom the actual or reasonable cost and expenses necessarily expended by the City in the conduct of the sale and the storage and care of the property. 5. Exceptions. This Policy does not apply to any impounded animal or real property (land or buildings). Adopted this 27th day of January 2014. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (seal) i ifv of irvio ends view Staff Itern No: 8C Meeting Date: January 27 2014 Type of Business Consent A a Eedministrat0 Review: l To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 8207, Agreeing to Maintain a Proposed Sidewalk along County Road H between Silver Lake Road and Edgewood Drive Background/Discussion: nt City has been pursuing improvemes to the trailway and sidewalk system over the past few The C years it make the community "walkable" and provide regional connections. As part of this goal, a g proposed for the north side of County Road f I between combination sidewalk/bicycle lane is bein Silver Lake Road and Edgewood Drive. Stantec has been authorized by the City to perform final design and prepare bidding documents. As part of this process, a Safe Routes to School (STRS) grant is being applied for. This grant is competitive and if awarded, would cover 80% of the estimated $225,000 construction costs. The grant application is due at the end of this month. One of the many requirements of the SRTS grant application package is a resolution by the City committing to maintain the infrastructure being considered. Attached is a resolution that would meet this grant requirement in the event that the City is successful in obtaining a grant. Recommendation: Staff recommends that proposed sidewalk in e solution the north boulevard of County adopt attached city Council Road Hebetwe n SilverngLake Road'and Edgewood Drive. Respectfully submitted, Nick DeBar— Director of Public Works CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AGREEING B TO MAINTAIN SILVER LAKE ROAD ICOUNTYDEWALK ALONG ROAD H AND EDGEWOOD DRIVE WHEREAS, the Comprehensive Plan includes a trail and sidewalk map to be used for development and improvement of a citywide trailway system; and WHEREAS, the Public Works Department, Parks and Recreation and Forestry Commission, and the Streets and Utilities Committee recommend a sidewalk in the north boulevard of County Road H between Silver Lake Road and Edgewood Drive; and WHEREAS, a public information meeting was held in July 2012 and adjacent property owners were invited to learn about the proposed sidewalk and provide feedback to engineering staff and the Parks Commission; and WHEREAS, cost -share opportunities for construction of the proposed sidewalk exists with Ramsey County and grant monies may be available from the Safe Routes to School Program; and WHEREAS, Stantec is assisting the City with the Safe Routes to School Program application as part of final design and bidding documents preparation; and WHEREAS, the City will be required to provide long-term maintenance for the proposed sidewalk improvements if constructed. NOW, THEREFORE, HE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that the City agrees to maintain the proposed sidewalk along County Road H between Silver Lake Road and Edgewood Drive including snow removal and ice control. Adopted this 271h day of January, 2014. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (SEAL) Mourns ViEw of Mounds View Staff Item No. 08D Type of Business: CA Meeting Date: January 27, 2014 To: Honorable Mayor and City Council - From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8211, Approving a Residential Kennel License for Jennifer Bode located at 3033 Woodale Drive in Mounds View Background Jennifer Bode currently owns three dogs (Chesapeake Bay Retriever, Husky Mix, and a German Shepard) at her residence located at 3033 Woodale Drive Road in Mounds View. All three dogs are licensed with the City in accordance with the Mounds View City Code, and the property is currently fenced with an invisible dog fence. According to Section 701.04, subd. 8, it states: a. Licensing requirements: The owner of a proposed dog kennel shall submit a license application and present a petition to the Clerk/Administrator signed by more than fifty percent (50%) of all registered landowners rr blase t occupying land within five hundred feet (500') of the proposed<kennel.who agree to the establishment of the kennel. The petition shall contain; among other items of information, the number and species of dogs intended to be kept on the premises, whether the yard or kennel area is or will be fenced and whether the dogs would be raised for breeding purposes. Upon the receipt of the petition and license application, the Clerk/Administrator shall present the petition and application to the City Council for their consideration. (Ord. 696, 4-22-02; Ord. 774, 8-14-06) Discussion In the past, a Conditional Use Permit approval and a Public Hearing before the City Council was required for a Residential Kennel License. This requirement was changed when Ordinance 774 was passed on August 14, 2006, by the City Council. Residents who wish to request a Residential Kennel License are now required to submit a petition signed by more than fifty percent (50%) of all registered landowners or those occupying the land within five hundred feet (500') who agree to the establishment of the kennel and present the petition and application to Staff for City Council approval. There is no longer a requirement fora resident to go through the Conditional Use Permit and Public Hearing process. Staff received the necessary application materials, and the petition was signed by residents within a 500 feet radius of 3033 Woodale Drive. The petition was verified by Item 08D Monday, January 27, 2014 Page 2 staff, and the petition is valid. The owner has invisible fencing on the property, and all three dogs are trained on the invisible fence. In addition, all three dogs have been issued City dog license tags. Staff recommends approval of Resolution 8211, approving a Residential Kennel License located at 3033 Woodale Drive in Mounds View for Jennifer Bode. Respectfully submitted, OW&� PjAa Desaree Crane RESOLUTION NO. 8211 iKENNEL LICENSE i W 3033 WOODALE DRIVE FOR JENNIFER BODE WHEREAS, Jennifer Bode has applied for a Residential Kennel Licensep located at her residence, 3033 Woodale Drive; and WHEREAS, the appropriate paperwork, petition and fees have been submitted to the City; and WHEREAS, the petition does contain signatures of more than 50% of all registered landowners or those occupying the land within five hundred feet (500') of 3033 Woodale Drive; and WHEREAS, this license will expire on June 30, 2014. NOW, THEREFORE, BE IT Council does grant a residential kennel Woodale Drive. RESOLVED that the Mounds View City license to Jennifer Bode located at 3033 NOW, THEREFORE, BE IT FURTHER RESOLVED that this license will expire June 30, 2014. Adopted this 27th day of January, 2014. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (seal) r WHEREAS, the City of Mounds View, pursuant to Minnesota Statute 412.141, has full authority over the financial affairs of the City and; WHEREAS, the City Council has reviewed the claim numbers: 17782 through 17792 in the amount of $ 56,730.84 134024 through 134100 in the amount of $1,006,758.69 TOTAL AMOUNT OF CLAIMS PRESENTED $1,063,489,53 And has found said claims to be just and correct; It was moved that the City Council of Mounds View hereby approve the attached list of claims dated 1/28/2014 by the vote ayes nays. ;Finance Director 1/17/2014 8:52 AM DIRECT PAYABLES CHECK REGISTER JI PAGE: 1 1 PACKET 01178 FEB 2014 HEALTH/DENTAL IN VENDOR SET: 01 City of Mounds View BANK: PYBNK Western Bank +� CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# .AMOUNT VENDOR----- L D. NAME ----- H3000 Health Partners 30,928.15 017782. 30,928.15 I-45574716 Health Partners R 1/17/2014 NO# DISCOUNTS CHECK AMT TOTAL APPLIED +* H A N K T O T A L S* 1 0.00 30,928.15 30,928.15 REGULAR CHECKS: 0.00 HANDWRITTEN CHECKS: p 0.00 0.00 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0.00 p 0.00 0.00 DRAFTS: 0.00 0.00 VOID CHECKS: p 0.00 p 0.00 0.00 0.00 NON CHECKS: - 0.00 p 0.00 0.00 CORRECTIONS: 1 0.00 30,928.15 30,928.15 HANK TOTALS: DIRECT PAYABLES CHECK REGISTER i rv.11 PAGE: 1 r� 1/21/2014 11:41 AM PACKET: 01181 PYRL 01/23/2014 - 8 VENDOR SET: 01 City of Mounds View -- •K_ PYBNK Western Bank CHECK CHECK CHECK CHECK NO# AMOUNT TYPE DATE DISCOUNT AMOUNT VENDOR ------------------- I.D. NAME _________________________________________ . A3035 AFLAC 1/23/2019 154.89 017783 I-51020190123 RO103 AFLAC R 0,97 017783 164.86 R 1/23/2014 I-52020140123 RD103 AFLAC Madison National Life 735.02 017784 735.02 M1025 R 1/23/2014 I-61020140123 #10805 LTD MN Benefit Association 15.78 017785 15.78 M6321 R 1/23/2014 Z-60020140123 GASP Ina hN Child Support Payment Center 1,079.08 017786 1,079.08 M7152 #0015244278 KIRK LEITCH R 1/23/2014 1-99520140123 Case MN Child Support Payment Center 321.64 017787 321.64 M7156 CASE #0015115497 BLAINE BACKED R 1/23/2014 1-99020140123 Public Employees Retirement Asa 9,139.08 017788 P9250 R 1/23/2014 1-00120140123 PERA 643400 13,338.73 017788 R 1/23/2014 I-00220140123 PERP 643400 147.50 017788 22,626.11 R 1/23/2014 _ I-01020140123 OCP 643400 017789 **VOID** V 1/23/2014 *VOID* 017789 VOID CHECK 017790 **VOID** V 1/23/2014 *VOID* 017790 VOID CHECK MN Child Support Payment Ctr. 331.37 017791 331.37 R0896 #14080268 DARRELL MEYER R 1/23/2014 I-99820140123 Case Secure Benefits Systema Corp. 186.53 017792 54107 R 1/23/2014 I-50020140123 Flex Medical 342.30 017792 528.83 R 1/23/2014 I-50320140123 Flex Daycare DISCOUNTS CHECK AMT TOTAL APPLIED I +* B A N K T O T A L S ** NO# 25,802.69 25,802.69 8 - 0.00 REGULAR CHECKS: 0.00 0.00 0 0.00 HANDWRITTEN CHECKS: 0.00 0.00 0 0.00 3 PRE -WRITE CHECKS: 0.00 0.00 0.00 10 DRAFTS: 0.00 0.00 2 0.00 VOID CHECKS:0.00 0.00 0 0.00 i, NON CHECKS: 0.00 0.00 0 0.00 -_ CORRECTIONS: 0.00 25,802.69 25,802.69 BANK TOTALS: 10 pp E 1/15/2014 9:37 AM DIRECT PAYABLES CHECK REGISTER �-d PAGE: 1 J PACKET: 01177 Manual PD J.Martin Lilens - - - VENDOR SET:. 01 City of Mounds View 1 BANK: APBNK US Bank REGULAR CHECKS: VENDOR I.D. M7124 I-201401154469 NAME CHECK CHECK TYPE DATE MN Board of Peace Officer Stand - POST License Fee -J. Martin R 1/15/2014 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 90.00 13402F' 90.00 + * NO# DISCOUNTS- CHECK AMT TOTAL APPLIED * * BANK T OTAL S 90.00 1 0.00 90.00 REGULAR CHECKS: 0.00 0.00 HANDWRITTEN CHECKS: p 0. 00 0.00 p 0. 00 0.00 PRE -WRITE CHECKS: 0.00 p 0.00 0.00 DRAFTS: 0.00 0.00 0.00 VOID CHECKS: p - 0.00 0.00 p 0.00 NON CHECKS: _ - 0.00 0.00 p 0.00 CORRECTIONS: 1 0.00 90.00 90.00 BANK TOTALS: _. _. %`&PAGE. 1 C O U N C I L R E POR T /_., .-23-2014 09:59 AM DATE DESCRIPTION - AMOUNT iPARTMENT - FUND VENDOR NAME 1/23/14 Refund of License Fee- 76.00 'ARTMENTAL GENERAL FUND Kendra Kempt 12/06/13 9th Qtr Surcharge Report 264.00 .. MN Dept of Labor c Industry 225.60 12/06/13 4th Qtr Surcharge Report 12/06/13 9th Qtr Surcharge Report- 172.80 12/06/13 4th Qtr Surcharge Report 295.13 295.13 12/06/13 4th Qtr Surcharge Report 249.07 12/06/13 4th Qtr Surcharge Report 96.20 TOTAL: 2,380.88 Off Site Secretarial, Inc. 1/13/14 Jan 8th Planning Mtg 131.00 ,dvisory Commissions GENERAL FUND Timesaver TOTAL: 131.00- 1/05/14 Adjust. on Equipment _ 100.00- ,Ity Administrator GENERAL FUND Verizon Wireless 1/05/14 City Administrator Cell 52.32 TOTAL: Z47.68- 1/02/14 Comm. Development Stamp - 15.70 Jentral Services GENERAL FUND - The J. P. Cooke Co. 1/13/14 Document Picture Frames 43.64 Desaree Crane 1/08/14 2014 Membership Dues 2,381.00 Metro Cities - 2,000.00 1/03/14 Postage Neofunds by Neopost 69,00 - 12/31/13 Dec COBRA Admin Fee Optum Health 892.51 1/14/14 Copies Ricoh USA, Inc. 431.26 S 5 T Office Products, Inc. 1/06/14 Office Supplies - 1/10/19 Office Supplies 37.57 1/20/14 PSV Office Supplies 67.32 1/12/14 Star Tribune 39.65 Star Tribune - � TOTAL: 5,972.65 j.... .., 1/09/14 2014 Software Support 4,485.00 Community Development GENERAL FOND PermitWorks 1/16/14 Thank You Cards, Envelopes 165.98 S & T Office Products, Inc. 309.00 7/24/13 Junk Removal 2394 Hwy 10 - - 1 -800 -Got Junk? 1/10/14 Comm Development Cells 62.06 Verizon Wireless 1/10/19 Code Enforcement Card 40.03 1/08 /14 2014 GIS Fees 1,224.01 City of White Bear Lake 6,286.08 TOTAL: 1/18/14 Annual Membership - 100.00 Police GENERAL FUND A.M.E.M. 1/07/14 Supplies ,,31.46 Beisswenger's Do It Best 2,778.96 1/18/14 PD Fuel Holiday 1/03/19 2014 Membership Renewal 120.00 I A C P 1/10/14 55Gr. Pointed Soft Point 2 466.50 KEEPRS, INC. -500.00 - 1/15/14 2014 Annual Fee Login/IACD Net 45.00 C/O Mn Crime Watch 1/03/19 2014 MCPA 911MemDiship.Due 10/22/13 Oct. 911 splatch 7,870.83 - Ramsey County 12/31/13 flange Use -Adverse weather 190.00 255.02 1/14/14 Copies Ricoh USA, Inc. - 20.00 U.S. Police Canine Association Region 1/14/14 2014 Membership Fee - 1/10/14 PD Cells 238.35 Verizon Wireless TOTAL: 12,566.12 1/08/14 1st Qtr 2014 Emma Howe Agr 24,615:78 Recreation GENERAL FOND YMCA of Greater Twin Cities TOTAL: 24,615.78 / Employment & Economic Develop 12/29/13 9th Qtr Payments 684.38 - Park Maintenance GENERAL FUND Dept. of Management, Inc 1/02/14 PW 4466 Mower 67.50 Equipment Distribution 6.19 1/08/14 Uniforms 6 Clothing G s K Services - St. Paul -23-2014 09:59 AM C O U N C I L R E P O R T 2 DATE DESCRIPTION AMOUNT FUND VENDOR NAME ;PARTMENT 1/08/14 Mats & Towels 4.97 1/15/14 Uniforms & Clothing 6.19 1/15/14 Mats & Towels 4.97 12/31/13 City Hall Irrigation 1.59 City of Mounds View 1.59 12/31/13 Greenfield Park 12/31/13 Silver View Park Irrigatio 1.59 12/31/13 5100 Long Lake Rd. - 1.59 12/31/13 Hillview Park 3.49 12/31/13 Groveland Park 1.59 12/31/13 Random Park 9.19 12/31/13 Silver View Park 1.59 12/31/13 Oakwood Park 0.00 12/31/13 Repair Rink Lights -Lambert 781.60 - Muska Electric Company 10.24 12/31/13 Supplies N.E.P. Corporation 16.66 12/31/13 Supplies 12/31/13 Supplies 22.88 6.7919/13 Toll Gas & Welding Supply Argon 12/ Arg 1/10/14 Verizon Wireless 95 79 Verizon Wireless TOTAL; 1,930.33 Minnesota 1/23/14 2014 Membership Dues 60.00 Public Works Admin GENERAL FUND City Engineers Assn. of 1/08/14 Projector for Training 65.00 Surplus Services 45.29 1/10/14 Verizon Wireless Verizon Wireless 70.29 1 TOTAL: Best 1/09/14 Lube for Service PD Door 3.59 Bldg/Grnds Maintenance GENERAL FUND Do It 12/27/13 PW Building 880.00 Century Fencer's Century Fence Co. 1.55 K Services - St. Paul - 1/08/14 Uniforms & Clothing G & 1/08/19 Mats &Towels 1.24 1/15/14 Uniforms & Clothing 1.55 1/15/14 Mats & Towels 1.24 - 1/02/14 Supplies 68.42 Menards 1/03/19 Storage Rack & Hooks 78.95 1/06/14 Tool Aeplcement-Parks 204.50 Menards 30.09 12/31/13 Shop Fill Station City of Mounds View 37.69 12/31/13 City Hall Building - 12/31/13 Shop Wash Bay 12.99 12/31/13 Shop Building 45.29 12/31/13 Supplies 1.29 N.E.P. Corporation 2.10 12/31/13 Supplies ei--- 2.88 12/31/13 Supplies 0.8713 Toll Gas & Welding Supply Argon 12/19/ Arg 1/10/14 Verizon Wireless 8.03 Verizon Wireless Walters Recycling & Refuse 537.50 Walters Recycling & Refuse Inc. .1/10/14 1,919.77 TOTAL: 1/02/19 PW #148 2012 Ford 16.00 Veh/Equip Maintenance GENERAL FUND DVS Renewal 1/02/14 PW #145 2011 FRHT 16.00 1/02/14 PW 4137 2004 STAG 16.00 1/02/14 PW #480 2006 Strg 16.00 12/30/13 Resistor Asy, Wire Assembl 98.52- Factory Motor Parts Co. 18.03 1/08/14 PD #071 Pulley 1/06/14 PD #071 Pro Batt 104.18 1/07/14 Power Steering Fluid Stock 28.02 1/08/14 PD #071 Pump Kit 112.44 1/08/14 PD #011 Belt 32.44 .-23-2019 09:59 AM C O U N C I L R E P O R T PAGE: 3 DATE DESCRIPTION AMOUNT FUND VENDOR NAME ;PARTMENT 1/08/14 PD #071 Gatorback Idler 17.03 1/10/14 Oil Filter Stock 22.68 1/10/14 PD #071 Fittings 14.91 Friendly Chevrolet, Inc. 3.71 St. Paul 1/08/14 Uniforms & Clothing G & K Services - 2'98 1/08/14 Mats & Towels 1/15/14 Uniforms & Clothing 3.71 1/15/14 Mats & Towels 2.98 12/06/13 PW #134 Windshield Tint 217.56 Harmon Autoglass - Roseville 3.07 12/31/13 Supplies N.E.P. Corporation 4'99 12/31/13 Supplies .12/31/13 Supplies 6.85 50.00 1/02/14 Hand Pump Surplus Services 2.06 Toll Gas & Welding Supply 12/19/13 Argon 1/02/14 PW #130 & 4131 Air Filter 138.40 Tri State Bobcat 242.56 - 12/31/13 Broom on Skid Loader 1/10/14 Verizon Wireless 18.92 - Verizon Wireless 311.59 1/07/14 Yocum Oil Company, Inc. Yocum Oil Company, Inc. TOTAL: 1,324.54 12/31/13 Sales Tax 3.10 Street Pavement Mgmt GENERAL FUND Discount Steel,- Inc. 1/08/14 Uniforms & Clothing 6.19 G & K Services - St. Paul 9 97 1/08/19 Mats & Towels 1/15/14 Uniforms & Clothing 6.19 1/15/14 Mats & Towels 4.97 -CCE Reg. Ott 1/15/14 Seal -Coat Operations Works 0.00 56.56 University of Minnesota 12/31/13 Supplies - N.E.P. Corporation 10.68 12/31/13 Supplies 12/31/13 Supplies 14.66 9'412/ Toll Gas & welding Supply 1 19/13 Argon 49,88 1/10/14 Verizon Wireless Verizon Wireless TOTAL: 161.61 PW #246 Cutting Edge 408.00 Control GENERAL FUND Cryste1/02/14 Truck Equipment, Inc. 42.85 Snow & Ice 12/24/13 Supplies Cutter Sales cutter 6.81 Services - St. Paul 1/08/19 Uniforms & Clothing G & K 1/08/14 Mats & Towels 5.47 1/15/14 Uniforms & Clothing 6.81 1/15/14 Mats & Towels 5'47 12/31/13 Supplies 5.64 N.E.P. Corporation 9,18 12/31/13 Supplies 12/31/13 Supplies 12.60 3.7936.69 Toll Gas & Welding Supply 12/19/13 Argon 1/10/14 Verizon Wireless _ Verizon Wireless TOTAL: 543.31 Paul 1/08/14 Uniforms & Clothing 2.47 Street Sign Maintenanc GENERAL FUND G & K Services - St. 1/08/14 Mats & Towels 1.99 1/15/14 Uniforms & Clothing 2.47 1/15/14 Mats & Towels 1.99 2'02 12/31/13 Supplies N.E.P. Corporation 3.29 12/31/13 Supplies 12/31/13 Supplies 4'52 1.36 Toll Gas & Welding Supply 12 /19/13 Argon 12.61 1/10/14 Verizon Wireless Verizon Wireless TOTAL: 32.72 1-23-2014 09:59 AM C O U N C I L R E P O R T PAGE: 4 EPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT onvention/Visitor Bur GENERAL. FUND City of Blaine 12/31/13 Dec Hotel Tax Skyline 331.06 12/31/13 Dec Hotel Tax Americinn_ 1,722.02 TOTAL: 2,053.08 'olive DARE 1.23 Creative Product Sourcing, Inc. :.creation Community Center 0 Beisswenger's Do It Best Napkins G & K Services - St. Paul City of Mounds View N.E.P. Corporation Northern Sanitary Supply Toll Gas & Welding Supply Verizon Wireless Walters Recycling & Refuse Inc. Banquet Center community Center 0 Ameripride Services Beisswenger's Do It Best Hirshfield's, Inc. YMCA of Greater Twin Cities YMCA Community Center 0 YMCA of Greater Twin Cities Recreation Lakeside Park City of Mounds View Economic Development Tax Increment Dist Ehlers Medtronic, -Inc. Street Pavement Mgmt Park Dedication Muska Electric Company Community Development Special Projects Trane Utility Distribution Water DVS Renewal Factory Motor Parts Co. 1/07/14 PD T -Shirts - 768.47 TOTAL: 768.47 12/31/13 Nuts & Bolts Etc. 1.23 8.24 1/03/14 Faucet 17.38 & Tablecloths 1/07/14 Spray Texture, Bulbs 18.08 Napkins 1/08/14 Uniforms & Clothing 4.64 1/10/14 1/08/14 Mats & Towels 3.73 1/15/14 Uniforms & Clothing 4.64 56.82 1/15/14 Mats & Towels 3.73 & Tablecloths 12/31/13 5394 Edgewood Drive 1,537.18 Spray Texture, Bulbs 12/31/13 Supplies 3.86 White Base, Sponge Kit 12/31/13 Supplies 6.29 Event Ctr Labor Oct -Dec 20 12/31/13 Supplies 8.63 1st Qtr 1/06/14 Com Ctr Supplies 217.15 12/19/13 Argon 2.60 1/10/14 Verizon Wireless 24.08 1/10/14 Walters Recycling & Refuse 247.50 TOTAL: 2,100.12 12/20/13 Napkins & Tablecloths 8.24 12/27/13 Napkins & Tablecloths 24.32 1/03/13 Napkins & Tablecloths 8.24 1/10/14 Napkins & Tablecloths 7.71 1/17/14 Napkins & Tablecloths 56.82 12/20/13 Napkins & Tablecloths 65.38 1/07/14 Spray Texture, Bulbs 14.49 1/08/14 White Base, Sponge Kit 32.18 12/31/13 Event Ctr Labor Oct -Dec 20 2,781.71 1/08/14 1st Qtr 2014 Emma Howe Agr 13,453.94 TOTAL: 16,455.03 1/08/14 1st Qtr 2014 Emma Howe Agr 24,615.78 TOTAL: 24,615.78 12/31/13 Lakeside Park 1.59 TOTAL: 1.59 12/27/13 Prep 2nd Half Developer Sc 150.00 1/02/14 Series 2008 TI Revenue Not 660,298.86 TOTAL: 660,448.86 12/31/13 Playground Light -Lambert P 2,550.00 12/31/13 Ice Rink Light -Lambert Per 4,755.00 TOTAL: 7,305.00 11/25/13 Comm Ctr RTU 04 Replacemen 143,676.00 TOTAL: 143,676.00 1/02/14 PW 4704 2003 Ford 16.00 1/02/14 PW ;4706 2002 Ford 16.00 1/02/14 PW '.4706 Pro Batt 112.49 D..-+ity Distrbution Wastewater r_ Surface Water Surface Water -� PACE: 5 C O U N C I L R E POR T Paul 1/08/14 L-23-2014 09:59 AM G & K Services - St. 1/08/14 DATE DESCRIPTION AMOUNT iPARTMENT FUND VENDOR NAME 1/15/14 r' Gopher State One -Call, Inc. 1/08/14 Uniforms & Clothing 11.76 Minnesota Cities Ins. Trust - G & K Services St. Paul C0020706 J. Wienke 9.44 1/03/14 Feb Waste Water Service 1/08/19 Mats &Towels 1/15/14 Uniforms & Clothing 11.76 N.E.P. Corporation 1/15/14 Mats & Towels 9.44 12/31/13 Supplies 50.00 Supplies Toll Gas & Welding Supply 1/15/14 Annual Fee Argon Gopher State One-Call, Inc. Verizon Wireless 2,500.00 TOTAL: 1/09/14 2014 Reroofing Inspec Inc 1.59 12/31/13 Well #2 Irrigation City of Mounds View 1.59 12/31/13 Rooster Station Irrigation 12/31/13 7545 Gaoveland Road 1.59 11.53 ' 12/31/13 Supplies N.E.P. Corporation 18.76 12/31/13 Supplies 25.76 12/31/13 Supplies 12/26/13 2600 Ridge Lane 4,676.00 Dave Perkins Contracting, Inc. 3,787.00 1/03/19 2650 Louisa Avenue 12/31/13 7350 Parkview Terrace 3,279.50 7.75 Toil Gas & Welding Supply 12/19/13 Argon 2,600.00 1/02/14 Tree Removal for Water Rep Upper Cut Tree Services 8 3,350.00 12/19/13 Mustang & Old Hwy Valley Rich Co., Inc. 136.45 1/10/14 Verizon Wireless Verizon Wireless 12/13/13 Leak Locate-2600 Ridge Lan 264.00 Water Conservation Service, Inc. 20,898.41 lk";--",,.� TOTAL: 1/03/14 Coliform Bacteria Tests 80.00 Water Production Water Instrumental Researc h, Inc. 12/30/13 Flow Charts 49'86 USA Blue Book TOTAL: 129.96 D..-+ity Distrbution Wastewater r_ Surface Water Surface Water DVS Renewal G & K Services - St. Paul N.E.P. Corporation Toll Gas & Welding Supply Verizon Wireless 1/02/14 PW #246 2011 Ford 1/02/14 PW #245 2005 Ster 1/08/14 Uniforms & Clothing 1/06/14 Mats & Towels 1/15/14 Uniforms & Clothing 1/15/14 Mats & Towels 12/31/13 Supplies 12/31/13 Supplies 12/31/13 Supplies 12/19/13 Argon 1/10/14 Verizon Wireless TOTAL: Street Cleaning Surface Water G & K Services - St. Paul 1/08/14 Uniforms & Clothing 1/08/14 Mats & Towels 200.00 11.76 9.44 11.76 9.44 50.00 125.46 68,547.33 11.53 18.76 25.76 7.75 102.62 69,131.61 16.00 16.00 5.88 4.72 5.88 4.72 4.84 7.88 10.82 3.26 42.99 122.99 0.91 0.76 12/30/13 Repair Pole Camera Flexible Pipe Tool Company Paul 1/08/14 Uniforms & Clothing G & K Services - St. 1/08/14 Mats & Towels ' 1/15/14 Uniforms & Clothing 1/15/14 Mats & Towels Gopher State One -Call, Inc. 1/15/14 Annual Fee Minnesota Cities Ins. Trust 12/06/13 C0020706 J. Wienke League of Serv.Div. 1/03/14 Feb Waste Water Service Metro Council Environmental 12/31/13 Supplies ' N.E.P. Corporation 12/31/13 Supplies 12/31/13 Supplies Toll Gas & Welding Supply 12/19/13 Argon 1/10/14 Verizon Wireless Verizon Wireless TOTAL: DVS Renewal G & K Services - St. Paul N.E.P. Corporation Toll Gas & Welding Supply Verizon Wireless 1/02/14 PW #246 2011 Ford 1/02/14 PW #245 2005 Ster 1/08/14 Uniforms & Clothing 1/06/14 Mats & Towels 1/15/14 Uniforms & Clothing 1/15/14 Mats & Towels 12/31/13 Supplies 12/31/13 Supplies 12/31/13 Supplies 12/19/13 Argon 1/10/14 Verizon Wireless TOTAL: Street Cleaning Surface Water G & K Services - St. Paul 1/08/14 Uniforms & Clothing 1/08/14 Mats & Towels 200.00 11.76 9.44 11.76 9.44 50.00 125.46 68,547.33 11.53 18.76 25.76 7.75 102.62 69,131.61 16.00 16.00 5.88 4.72 5.88 4.72 4.84 7.88 10.82 3.26 42.99 122.99 0.91 0.76 1-23-2014 09:59 AM C O U N C I L R E P O R T PAGE: 6 GRAND TOTAL: 1,006,668.69 TOTAL PAGES: 6 DATE DESCRIPTION AMOUNT E PARTMENT FUND VENDOR NAME 1/15/14 Uniforms & Clothing 0.91 1/15/14 Mats & Towels 0.76 MacQueen Equipment, Inc. 1/14/14 PW ',245 Supplies 966.40 N.E.P. Corporation 12/31/13 Supplies 0.74 12/31/13 Supplies 1.18 12/31/13 Supplies 1.64 Toll Gas & Welding Supply 12/19/13 Argon 0.49 TOTAL: - 973.79 FUND TOTALS =__— ----_--_-- 100 GENERAL FUND 60,040.48 220 DARE 768.47 252 Community Center Oper. 43,171.53 255 Lakeside Park 1.59 450 Tax Increment District 5 660,448.86 451 Park Dedication 7,305.00 480 Special Projects 143,676.00 700 Water 21,028.37 730 Wastewater 69,131.61 745 Surface Water 1,096.78 GRAND TOTAL: 1,006,668.69 TOTAL PAGES: 6 Moms VVIEw of Mounds view Staff item No: 11 BO) Meeting Date: January 27 2014 Type of Business: Reports Administrator Review: OK -- To:— To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: 2013 Citizen of the Year Award Introduction: The City of Mounds View Citizen of the Year Award recognizes ordinary citizens who have demonstrated initiative to improving the community. Past recipients of this award include: 2004: David Jahnke 2005: Frank Silvis 2006: Ed Lanz 2007: Don Hodges 2008: Barbara Haake 2009: Diane Wuori 2010: Jean Miller 2011: Jerry Skelly 2012: Greg Belting Nominations are open to the public and the award is subject to the following guidelines below: Eligibility: Nominees must be a Mounds View resident, business owner or land owners. Current elected officials, City employees, City contractors, or past Citizen of the Year Award recipients are not eligible. Selection Criteria: Courage: Exemplifies courage and determination to follow one's own values. Initiative: Demonstrates drive and initiative in his/her approach and overcoming challenges on the way. Time Commitment: Volunteers a significant amount of time and energy to the betterment of the City of Mounds View and its residents; more than just financial contributions. Effectiveness: Generates positive results for the community. Unselfishness: Does not expect anything in return for his/her actions, i.e., financial compensation, fame or political notoriety. Item 116(1) January 27, 2014, City Council Meeting Page 2 Discussion: This award is currently scheduled to be awarded at the Monday, March 31, 2014, Town Hall Meeting, located at City Hall. Below is the timeline for applications and City Council approval. Staff will advertise on the City's website, City's Facebook page, and submit press releases to the Sun Focus and the Bulletin. Applications Available at City Hall & on the City Website: Friday, January 31, 2014 Applications due to Assistant City Administrator: Friday, February 28, 2014 Applications to the City Council for Review: Monday, March 3, 2014 (WS) 2013 Citizen of the Year Awarded by City Council Resolution: Monday, March 10, 2014 (Council Meeting) 2013 Citizen of the Year Award Recipient Contacted: Monday, March 11, 2014 2013 Citizenship Award Plaque Ordered: Monday, March 11, 2014 2013 Citizenship Award Presented to Recipient: Monday, March 31, 2014 Recommendation: Staff wanted to inform the City Council that Staff is starting the process for the 2013 Citizen of the Year Award. Applications for the 2013 Citizen of the Award will be available at City Hall and the City's website starting on Friday, January 31, 2014. Respectfully submitted, Desaree Crane H A R T E R E D 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.l(ennedy-graven.com Anumative Action, Equal Opportunity Employer ScoTT J. RiGGS Attorney at Law Direct Dial (612) 337-9260 Email; srilzgs@keiiiiedy-praven.com Date: January 23, 2014 To: James Ericson, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report W125-11: Administration. General discussions with staff regarding various City matters. Review notice of damage claim. Consult with City staff regarding same. Matters are presently pending. MU210-54: City Code Updates. Work on updating City Code. Consult with City staff regarding same. Matter is presently pending. MU210-111: Personnel Matters. Review data practices request. Respond to data practices request. Consult with City staff regarding same. Legal research regarding light duty and consult with City staff regarding same. Matters are presently pending. MU210-189: Coventry Senior Living Project. Review additional items necessary to finalize and record the plat. Revise instruction letter to title company. Review Development Agreement. Review new title commitments. Consult with City staff regarding project. Matter is presently pending. MU210-220: DVS Investigation. Consult with City staff regarding matter. Assist with investigation matters. Attend meetings with City Council and meeting with the Police Civil Service Coimnission. Review grievance and consult with City staff regarding salve. Draft meeting notice and forward to City staff. Matter is presently pending. 438646x1 SJRMU125-11 James Ericson January 23, 2014 Page 2 MU210-221: LMC DVS General. Several notices of legal ciahns have been presented to the City and have been tendered for defense by the League of Minnesota cities Insurance Trust. Consult with City staff and City Council. Consult with LMCIT attorneys. Matters are presently pending. MU210-222: TCU Bonds (BHS Fridley TCUI. The closing for this matter has occurred and the matter may be considered complete. MU210-223: Minor Subdivision: 3032County Road J. Review minor subdivision materials, title work, etc. Draft easement and forward to City staff. Matter is presently pending. MU210-225: 2508 County Road L Review assessment project doctunents. Consult with City staff and opposing counsel regarding matter. Meetings with parties regarding matter. Draft meeting notice and forward to City staff. Matter is presently pending. SJRJms 438646VI SJR MUI25-II