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HomeMy WebLinkAboutAgenda Packets - 2012/04/09CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, April 9, 2012 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: 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. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. Second Reading and Adoption of Ordinance 870, Amending City Code Chapters 514 and 1106 to Allow Massage Therapy as a Home Occupation B. Resolution 7920, Approving the Allocation of the Twin Cities Gateway 2012 Community Festivals and Events Grant C. Resolution 7921, Awarding a Construction Contract to Northwest Asphalt, Inc. for 2012 Street and Utility Improvement Project – Area E D. First Reading of Ordinance 871, Amending Chapter 605 of the Municipal Code to Include Emerald Ash Borer as a Regulated Tree Pest E. Resolution 7922, Approving Longevity Increases for Officer Keith Czarencki and Officer Keith Demarest F. Resolution 7925, Accepting Donation from Bethlehem Baptist Church 8. CONSENT AGENDA A. Resolution 7923, Approving the Mounds View Employee Safety Manual 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - None 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Reminder: Town Hall Meeting, Monday, April 16, 2012 at 6pm 2. Administrative Report C. Reports of City Attorney 12. Town Hall Meeting: Monday, April 16, 2012, at 6pm Next Council Work Session: Monday, May 7, 2012, at 7pm Next Council Meeting: Monday, April 23, 2012, at 7pm 13. ADJOURNMENT Item No: 07A Meeting Date: April 9, 2012 Type of Business: ROLL CALL VOTE Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Second Reading and Adoption of Ordinance 870, a Code Amendment to Allow Therapeutic Massage as a Home Occupation (ROLL CALL VOTE) Discussion: Massage Therapy is a licensed business activity in Mounds View. The regulations pertaining to massage therapy can be found in Chapter 514 of the Mounds City Code, originally adopted in 1996 via Ordinance 583. There are many licensing and zoning requirements associated with such a business and they are expressly permitted only in the B2, B3 & B4 commercial business zoning districts. Such a use is not permitted in a residential zone or as a home-based business, as indicated in Section 514.10, Subd. 2, regarding locations ineligible for a therapeutic massage license. This clause reads, “A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code.” The Planning Commission discussed several options about how to amend the City Code to allow massage therapy as a home based business. The Commission finally agreed that the only additional requirement should be approval from the property owner if the massage therapist is not the property owner of the home where they live and will conduct the business. Since there are no requirements for any other type of home occupations, the Commission felt that massage therapy should not be singled out. The Planning Commission voted 5-0 on Wednesday, March 21, 2012 to recommend approval of the language in Ordinance 870. The City Council approved the first reading of Ordinance 870 on March 26, 2012. Recommendation: Staff recommends Council approval of Ordinance 870. Action on the ordinance is by a roll call vote of the Council. Staff also recommends the Council consent to the publication of a summary of the ordinance as authorized by City Charter section 3.07. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Ordinance 870 ORDINANCE 870 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, CHAPTER 514 AND TITLE 1100, CHAPTER 1106 OF THE MOUNDS VIEW CITY CODE TO ALLOW MASSAGE THERAPY AS A HOME OCCUPATION The City of Mounds View ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 514, Section 514.06, Subd. 1a of the Mounds View City Code pertaining to “License Application” by deleting the stricken language and adding the underlined text as follows: 514.06: LICENSE APPLICATION: Subd. 1. Therapeutic Massage Enterprise: The application for a therapeutic massage enterprise license must contain the following information: a. For all applicants: (7) Written consent of property owner, if applicant is NOT the property owner. (8) Other information that the City Council may require. SECTION 2. The City Council of the City of Mounds View hereby amends Chapter 514, Section 514.10, Subd. 2 of the Mounds View City Code pertaining to “Locations Ineligible for Therapeutic Massage Enterprise License” by deleting the stricken language and adding the underlined text as follows: 514.10: LOCATIONS INELIGIBLE FOR THERAPEUTIC MASSAGE ENTERPRISE LICENSE Subd. 2. Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code.1 1 See also Section 1106.03. Ordinance 870 Page 2 SECTION 3. The City Council of the City of Mounds View hereby amends Chapter 1106, Section 1106.03 of the Mounds View Zoning Code pertaining to “Accessory Uses” by deleting the stricken language and adding the underlined text as follows: 1106.03: ACCESSORY USES: Subd. 3. Home Occupations: The regulation of home occupations within residential structures is intended to ensure that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained. No home occupation shall be allowed which: i. Massage Therapy, subject to the requirements of Chapter 514. SECTION 4. 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: On April 9, 2012, the City Council adopted Ordinance 870 that amends Chapters 514 and 1106 of the Mounds View Municipal Code. These amendments will allow massage therapy to be allowed as a home occupation. A printed copy of the ordinance is available for inspection 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 5. This ordinance takes effect 30 days after its publication in the official City newspaper. PUBLIC HEARING, INTRODUCTION AND FIRST READING by the Mounds View City Council this 26th day of March, 2012. SECOND READING AND ADOPTION by the Mounds View City Council this 9th day of April, 2012. PUBLICATION DATE: April 19, 2012 _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (seal) Item #: 7B Meeting Date: April 9, 2012 Type of Business: Council Business Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Steinmetz, Economic Development Specialist Item Title/Subject: Resolution 7920, Accepting and Approving the Allocation of the Twin Cities Gateway 2012 Community Festivals and Events Grant Background The City of Mounds View is a member of a nine-city Convention and Tourism Bureau called Twin Cities Gateway. Fellow members are the Cities of Anoka, Blaine, Coon Rapids, Fridley, Ham Lake, Lino Lakes, New Brighton and Shoreview. City staff serves on the Board of Directors of Twin Cities Gateway. One of Twin Cities Gateway’s programs is the Community Festivals and Events grant program. Through this program, each member city receives an annual grant based on the percentage of lodging taxes collected from the prior year. In 2011, the City of Mounds View received $3,673 in grant funds from Twin Cities Gateway. The City Council allocated the $3,673 to Festival in the Park. According to the Festival in the Park’s Treasurer Diane Wuori, below is how the Festival Committee used the 2011 grant funds: • $1,300.00 − paid advertising on BOB-FM radio • $350.00 − advertising in the Line Chaser magazine • $96.80 − stamps, paper and envelopes used to send mailers to organizations to participate in the parade, car show, games and craft/information booths Ms. Wuori told City staff that the Festival’s year end budget for 2011 had a “carry over” of $1,926.20. This amount accounts for the remainder of 2011 Twin Cities Gateway grant funds that the Festival Committee did not spend in 2011. Discussion This year, the City of Mounds View will receive $4,400 in grant funds from Twin Cities Gateway. The City Council is responsible to allocate and disperse the grant funds to whatever community festival(s) and/or event(s) it wants to endorse or support. Grant Usage Requirements • In accordance with State of Minnesota legislative statutes, Twin Cities Gateway funding shall be used for marketing and promotional efforts to increase attendance. These efforts should extend beyond the local/host City boundaries. • Any expenditure for which Twin Cities Gateway funding is used will be documented by receipt or invoice for the expense. • The event will include the Twin Cities Gateway logo in its print and promotional materials. 4/9/2012 – City Council Meeting Item 7B – Twin Cities Gateway 2012 Grant Page 2 of 2 • The event will include a link to the Twin Cities Gateway Website on its event-specific website (if applicable). • The event will display Twin Cities Gateway banner(s) during the event (banners will be provided by TCG). • Following the event or activity for which Twin Cities Gateway funding is used, the event will provide the City with an evaluation of the event with any measurable metrics it can provide, including estimated attendance, participation, number of vendors, or any other relevant information to demonstrate the event’s impact(s) and benefits to the City. Request from Mounds View Community Theatre (MVCT) In an email to City staff on February 29, 2012, Diane Wuori requested that Mounds View’s 2012 Twin Cities Gateway grant funding be equally shared between Festival in the Park and Mounds View Community Theatre (MVCT). While MVCT's productions may draw patrons from beyond the City's borders, City staff does not think that the performances rise to the level of Community Festival or Event. New Event to Mounds View The Mermaid Event Center is the registration headquarters for the Minnesota Street Rod Association’s (MSRA) 39th Annual “Back to the 50s Weekend” at the State Fairgrounds on June 22−24, 2012. The MSRA requires in-person registration, which means that nearly 12,000 registrants will be registering at The Mermaid beginning at 3pm on Wednesday, June 20, 2012. As part of this registration event, The Rockin Hollywoods are scheduled to perform in The Mermaid’s tent on Thursday, June 21, 2012 from 9pm to 1am. In order to attract the MSRA’s Back to the 50s registration event to Mounds View beyond 2012, it is important that the City (as a whole) promote the registration event as a community event to the MSRA and Back to the 50s registrants. Recommendation Staff recommends that the City Council approve Resolution 7920 by accepting and allocating its 2012 Twin Cities Gateway Community Festivals and Events Grant funds in the following manner: • $2,200.00 to The Mermaid Event Center for the marketing and promotion of the MN Street Rod Association’s 2012 Back to the 50s registration event, which includes a performance at The Mermaid by the band, The Rockin Hollywoods • $2,200.000 to the Mounds View Festival in the Park Committee for the marketing and promotion of the 2012 Festival in the Park celebration Respectfully submitted, Heidi Steinmetz, Economic Development Specialist Item No: 7C Meeting Date: April 9, 2012 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 7921, Awarding a Construction Contract to Northwest Asphalt, Inc. for 2012 Street and Utility Improvement Project – Area E Background: Detailed background information for the Street and Utility Program and the Area E project is included as a reference at the end of this report. Much of this information was presented to the Council in previous Staff Reports associated with prior approvals for the Area E project. Discussion: The City Council approved bidding documents (plans/specs) and authorized advertisement for bids for Area E of the Street and Utility Improvement Program on February 27, 2012 (Res. 7905). The advertisement was published in the March 8 and 15 editions of the Sun-Focus, as well as the March 3 and 9 editions of the Finance & Commerce (regional trade publication). Eight bid proposals were received and publicly read aloud on March 29, 2012. The bids have been tabulated, checked for mathematical errors, and corrected in accordance with the contract requirements by the City’s consulting engineer, Stantec. Bid amounts ranged from $3,392,175.18 to $3,979,383.20 for the 4.0 mile project. The low bid was submitted by Northwest Asphalt, Inc. of Shakopee, Minnesota – the same general contractor that performed construction for the Area B/C and Area D projects the past two years. The bidding environment continues to be excellent for this type of work, and the 5% range between the four lowest bids (11.7% overall) confirms this. The low bid is only $34,208.99, or 1%, below that of the next lowest bid. Attached to this report is a recommendation letter from Stantec summarizing the bids. Given the satisfactory performance on the past two construction projects, Public Works Engineering and Stantec recommend awarding the construction contract to Northwest Asphalt for $3,392,175.18. This amount is an estimated construction cost and actual construction costs will vary due to variations in quantities of the 119 individual unit price bid items in the contract. Although most work will fit into one of these 119 bid items, there is always a possibility of addition costs related to unknown conditions that might not fit into a bid item. For this reason, a construction contingency of 2.5%, or $85,000, is recommended to deal with these unknowns in a timely manner without delaying construction operations. Stantec has provided a fee estimate to provide engineering services for the construction phase of the project, which includes administration, engineering, inspection, surveying, and closeout for the project. Compensation will be actual hours worked plus reimbursable expenses for a maximum estimated fee of $315,000. This is the same compensation structure with Stantec during the design phase of the project. Stantec’s total billings for the design phase (through March 2, 2012) are $152,307 - significantly lower than their maximum estimated fee of $275,000. Res. 7921 Awarding a Contract to Northwest Asphalt for 2012 Street & Utility Improvement Proj. - Area E Page 2 Public Works also solicited a fee proposal from Braun Intertec Corporation for geotechnical professional services and materials testing for the construction phase of the project. These services are customary for street and utility construction and required by State Aid for designated Municipal State Aid streets (Sunnyside Road). Compensation will be on an hourly plus reimbursable expenses basis for a maximum estimated fee of $29,144, of which $11,895 is associated with Sunnyside Road only. Recommendation: Staff recommends that the City Council adopt the attached resolution awarding a construction contract for $3,392,175.18 to Northwest Asphalt, Inc. of Shakopee, Minnesota for the 2012 Street and Utility Improvement Project - Area E. In addition, Stantec and Braun Intertec Corporation will be authorized to provide needed professional engineering services associated with the construction phase of the project. If adopted, a neighborhood meeting will be scheduled for April 25, 2012 and major construction will begin shortly thereafter. Respectfully submitted, Nick DeBar - Public Works Director Attachments: Resolution 7921 Stantec Bid Results Letter Other Project Timeline and Prior City Council Action Summary: The City is in the process of reconstructing 26 miles of City-owned streets and associated underground utilities as part of the Streets and Utilities Improvement Program (Program). The Program includes design standards, a financing plan, a prioritization/implementation (staging) plan, and a communication plan for implementing reconstruction over a 9-year period (2009- 2018) with an estimated program cost of $28 million. The next project area scheduled for construction this summer is Area E. Area E is located between County Road H and H2, and between Silver Lake Road and Long Lake Road. This area is primarily single-family housing, but there are some townhouse developments along County Road H2. Woodcrest Park is also located in this area and there is some undeveloped land north of the park. Area E contains 4.0 miles of streets. The City Council has taken the following steps, thus far, specific to the Area E project: • Aug. 8, 2011 - Authorized Topographic Survey (Res. 7818); • Sept. 26, 2011 - Authorized Engineering Design & Prepare Bid Documents (Res. 7831); • Nov. 28, 2011 - Authorized Geotechnical/Environmental Evaluations (Res. 7861); • Dec. 12, 2011 - Approved Non-Standard Street Design for Sunnyside Road (Res. 7877); • Jan. 9, 2012 - Denied Stormwater Infiltration Basin (SIP) Appeals (Res. 7885); • Feb. 13, 2012 – Approved Purchase of Supplies for Grouped Mailboxes (Res. 7893); and • Feb 27, 2012 – Approved Bidding Documents and Authorized Ad for Bids (Res. 7905). In addition to the above, various neighborhood meetings were held to get input from residents regarding non-standard street designs and proposed stormwater basin locations, both as stand-alone meetings and as part of the Street and Utility Committee meetings. There have been many hours of Engineering Division staff time spent on communication, coordination, meetings, reporting, tracking, and other project related activities. RESOLUTION 7921 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AWARDING A CONSTRUCTION CONTRACT TO NORTHWEST ASPHALT, INC. FOR 2012 STREET AND UTILITY IMPROVEMENT PROJECT – AREA E WHEREAS, the City Council adopted Resolution 7176 on October 22, 2007, establishing the Street and Utility Improvement Program (Program), which includes nine Street and Utility Improvement Projects identified as Areas A through I; and WHEREAS, Areas A through D have been constructed and Area E, known as 2012 Street and Utility Improvement Project – Area E, City Project No. 2011-006 (Project), is schedule to be constructed during 2012; and WHEREAS, the City Council adopted Resolution 7818 on August 8, 2011, authorizing Bonestroo to perform topographic surveying for the Project; and WHEREAS, the City Council adopted Resolution 7831 on September 26, 2011, authorizing Stantec Consulting Services, Inc. (formerly Bonestroo) to perform engineering design services and prepare bidding documents for the Project; and WHEREAS, the City Council adopted Resolution 7861 on November 28, 2011, authorizing Stork Twin City Testing Corporation to perform a preliminary geotechnical and environmental evaluation for the Project; and WHEREAS, the City Council adopted Resolution 7877 on December 12, 2011, approving a non-standard street design configuration for Sunnyside Road in the Project; and WHEREAS, the City Council adopted Resolution 7885 on January 9, 2012, denying Stormwater Infiltration Program (SIP) appeals in the Project; and WHEREAS, the City Council adopted Resolution 7893 on February 13, 2012, approving the purchase of supplies for grouped mailboxes for the Project; and WHEREAS, Rice Creek Watershed District gave conditional approval (CAPROC) for the Project on February 22, 2012; and WHEREAS, the City Council adopted Resolution 7905 of February 27, 2012, approving bidding documents and authorizing advertisement for bids for the Project; and WHEREAS, on March 27, 2012, the Minnesota Department of Transportation has approved the plans and specifications and eligible funding for State Aid construction monies associated with Sunnyside Road improvements included in the Project; and WHEREAS, on March 29, 2012, eight sealed bids were received ranging from $3,392,175.18 to $3,979,383.20 for construction of the Project; and RESOLUTION 7921 WHEREAS, the lowest responsive bid of $3,392,175.18 was received by Northwest Asphalt, Inc. of Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The bid proposal submitted by Northwest Asphalt, Inc. in the total bid amount of $3,392,175.18 for constructing the 2012 Street and Utility Improvement Project – Area E is accepted by the City and a construction contract is awarded to Northwest Asphalt, Inc. 2. City staff is directed to have a construction contract prepared for the Project at said price, and the City Attorney is authorized to review the prepared construction contract agreements and any associated documentation submitted by Northwest Asphalt, Inc. 3. Upon satisfactory review of the prepared construction contract agreements and documentation by the City Attorney, the Mayor and Clerk-Administrator are hereby authorized and directed for and on behalf of the City to execute and enter into said construction contract agreement with Northwest Asphalt, Inc. 4. Stantec is authorized to provide professional services associated with the construction phase of the Project, with compensation on an hourly basis with reimbursable expenses, for an estimated maximum fee amount of $315,000. 5. Braun Intertec Corporation is authorized to provide geotechnical professional services and materials testing for the construction phase of the Project, with compensation on an hourly basis with reimbursable expenses, for an estimated maximum fee amount of $29,144. 6. The Director of Public Works is authorized to enter into said professional services agreements with Stantec and Braun Intertec Corporation on behalf of the City Council. 7. The Director of Public Works is authorized to make approvals related to any contract modifications during construction of the Project up to a combined total of $85,000 (2.5% contingency) on behalf of the City Council. Adopted this 9th day of April, 2012. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 7D Meeting Date: April 9, 2012 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: First Reading of Ordinance 871, Amending Chapter 605 of the Municipal Code to Include Emerald Ash Borer as a Regulated Tree Pest Background/Discussion: Emerald Ash Borer (EAB) was discovered in the summer of 2011 in a residential neighborhood of Shoreview less than a quarter mile away from the Mounds View border. There has been a lot of attention and anticipation of the eventual movement of the pest for some time, this infestation came as a surprise since it appeared to “skip” a ring of suburbs from St. Paul. With the imminent threat of finding EAB infected ash trees in Mounds View, a management plan and municipal code revisions has been developed to address this public nuisance. The Council reviewed and discussed the EAB management plan and Chapter 605 revisions at their April 2, 2012 work session with City Forestry Consultant, Rick Wriskey. The City has a very manageable number of ash (approx. 300) on public parkland, grounds, and boulevards that the EAB management plan addresses. However, there are thousands more on private property that the City currently has no regulatory authority to address if infected with EAB. To provide this authority, Chapter 605 needs to be updated to include EAB as a shade tree pest. The attached ordinance has provided the proper modifications to allow this to occur. The regulatory and abatement process will be similar to cases involving Oak Wilt and Dutch Elm Disease. Recommendation: City staff recommends that the Council review the attached ordinance, solicit public comment, and provide staff with any feedback. A second reading and adoption of the ordinance will be scheduled for April 23, 2012. Respectfully submitted, Nick DeBar - Public Works Director ORDINANCE NO. 871 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 605 OF THE MUNICIPAL CODE TO INCLUDE EMERALD ASH BORER AS A REGULATED TREE PEST THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 605 of the Municipal Code by deleting the stricken language and adding the underlined text as follows: CHAPTER 605 SHADE TREE DISEASE AND PEST CONTROL SECTION: 605.01: PlantShade Tree Pest Control Program 605.02: Inspection and Investigation 605.03: Nuisances Declared; Abatement 605.04: Abatement Procedures; Assessment of Costs 605.05: Disruption of Root Grafts 605.06: Treating of Trees 605.07: Permit Requirements for Transporting Wood 605.08: Storage of Elm Wood 605.09: Licensing Requirements for Tree Contractors 605.0910: Violation of Provisions 605.01: PLANTSHADE TREE PEST CONTROL PROGRAM: Subd. 1. Authority: The City Administrator and those agents appointed by the City Administrator are hereby empowered to conduct a program of plantshade tree pest control pursuant to authority granted by Minnesota Statutes, section 18.022 §§ 18G, 89.001, 89.01 and 89.51- .64, including the and elimination of Dutch elm disease fungus, elm bark beetles, oak wilt fungus, Emerald Ash Borer, and other epidemic diseases of trees. Subd. 2. Interference Prohibited: It shall be unlawful for any person to interfere, prevent or delay the authorized parties from discharging their duties pursuant to this Chapter. 605.02: INSPECTION AND INVESTIGATION: The City Administrator or an agent: Subd. 1. Inspection: Shall inspect all premises and places within the City as often as practicable but not less than that required by the State1, to determine whether any condition described in subdivision 605.03(1) of this Chapter exists thereon. The City Administrator shallmay investigate all incidents of infestations by Dutch elm fungus, elm bark beetles, oak wilt fungus, Emerald Ash Borer, or any other epidemic disease of trees and such factors which are potentially contributory to the spread of tree disease and pests. Subd. 2. Right of Entry: May enter upon private premises at any reasonable time for the purposes of carrying out any of the duties assigned to the City Administrator under this Chapter. 605.03: NUISANCES DECLARED; ABATEMENT: Subd. 1. Nuisances Declared: The following are hereby declared public nuisances whenever they may be found within the City: a. Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (buisman) moreau or which harbors any of the elm bark beetles Scolytus multistriatus (eichh.) or Hylurgo-pinus rufipes (marsh). b. Any dead or dying elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or buried. c. Any living or standing red oak tree or part thereof, infected to any degree with the oak wilt fungus Ceratocystis fagacearum. d. Any diseased wood from the red oak group which, by April 1 in any given year, has not been either debarked, burned, buried or split into quarter sections and completely enclosed with a covering (at least 4-mil, if plastic) adequately thick and whole so as to isolate the wood until July 15 of the year immediately following the wilting of the tree from which said wood originated. e. Any living or standing ash tree (trees of the genus Fraxinus) or part thereof with two or more of the following symptom of Emerald Ash Borer (Agrilusplanipennis fairmarie) are observed: basal sprouting, bark fissures, woodpecker damage or activity, “D” shaped exit holes, or presence of Emerald Ash Borer adults or larvae. f. Any dead or dying ash tree or part thereof, including logs, branches, stumps, firewood, or other ash material, to which the bark is still attached that may serve as a breeding place for Emerald Ash Borer. eg. Other trees with epidemic disease or factors which are potentially hazardous to the spread of such disease. 1 M.S.A. §18.022, subdivision 9. Subd. 2. Nuisance Declared Unlawful: It is unlawful for any person to permit public nuisances, as herein defined, to remain on any premises owned or controlled by that person within the City. 605.04: ABATEMENT PROCEDURES; ASSESSMENT OF COSTS: Subd. 1. Notice to Abate: Whenever the City Administrator or an agent find that nuisances, as defined in Section 605.03 of this Chapter, exist on any public or private property in the City, they shall notify the property owner on which such nuisances are located, by personal service or by mail, that the nuisances must be abated within a specified time below., . not less than ten (10) days from the date of service or from the date of mailing of such notice. If mailed notice or personal service cannot be achieved, then notice may be obtained by publishing same in the legal newspaper not less than five (5) days prior to the date that the nuisance must be abated pursuant to the notice. Oak wilt nuisances must be abated by a predetermined date, as established by the City Council. a. Not less than ten (10) days from the date of service or from the date of mailing of such notice for dead or diseased elms. b. Before the date indicated in the notice for red oaks with oak wilt disease. c. Before the date indicated in the notice, but no later than April 15 of the following year, for dead or infested ash trees. The City Administrator or an agent may order the immediate removal of dead or infested ash trees if said removal will eliminate the likelihood of an imminent threat of spread to other ash trees during late spring. Subd. 2. Failure to Abate; Cost Billed to Owner: If the owner shall fail to remove the nuisance(s) from the property described in the notice, the City Administrator or an agent shallmay order the work to be done, and the cost of said work shallmay be billed against the owner. Subd. 3. Responsibility for Costs: a. Trees which are diseased pursuant to this Chapter located on City street rights of way will be removed at a cost of fifty percent (50%) to the owner of the abutting property with the City assuming the remaining costs. b. All other materials pursuant to this Chapter are the responsibility of the owner of the abutting property. Subd. 4. Special Assessment: If the owner shall fail to pay the bill, as provided for in subdivisions 1 and 2b hereof, within ninety (90) days, the Council may then assess the amount due, plus interest, plus costs against the property as a special assessment pursuant to Minnesota Statutes1. 605.05: DISRUPTION OF ROOT GRAFTS: Whenever a tree is found, which is actually or potentially diseased with any disease covered in this Chapter, the City Administrator or an agent may take whatever steps are necessary as recommended by the Commissioner of Agriculture to 1 M.S.A. §429.101. disrupt all potential root grafts. This disruption shallmay be performed as soon as possible. The property owner or the person in possession, if different from the owner, on which the trees stand and adjacent property owners or the persons in possession, if different from the owner, if the disruption procedure extends onto that property, shall be notified by personal service or first class mail that said disruption will be done. 605.06: TREATING OF TREES: Subd. 1. Whenever the City Administrator or an agent determine that any tree or wood within the City is infected with shade tree pests or disease-causing organisms pursuant to this Chapter, they may treat all nearby high value trees with the appropriate chemical treatment. Treating activities authorized by this Chapter shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture or other State officials. The provisions of subdivision 605.04(1) of this Chapter apply to treating operations conducted under this provision. Treatment authorized pursuant to this provision shallmay be considered an emergency activity by the City and an attempt to abate a public nuisance, and the City, the City Administrator or an agent, shall not be liable for any damages resulting hereunder. Subd. 2. Adjacent property owners may treat boulevard trees located in pubic rights-of-way only after obtaining a permit from the City. All treatment of boulevard trees by adjacent property owner must be performed by a licensed tree contractor with possession of a current pesticide applicator license issued by the State of Minnesota and performed in accordance with methods approved by the Department of Agriculture. 605.07: PERMIT REQUIREMENTS FOR TRANSPORTING WOOD: It is unlawful for any person to transport within the City any bark-bearing wood, pursuant to this Chapter, which is known by the City Administrator or an agent, without first having obtained a permit from the City Administrator. The City Administrator shallmay grant such permit only when the purposes of this Chapter will be served thereby. 605.08: STORAGE OF ELM WOOD: The storage or keeping of any elm wood with intact bark is only permitted during the season of dormancy from October 1 to March 15. 605.09: LICENSING REQUIREMENTS FOR TREE CONTRACTORS: Tree services by private tree contractors shall be performed under the direction of a licensed arborist or certified forester employed by the contractor. Licensing of tree contractors shall be required for any routine or non-routine tree services performed on public or private property, including but not limited to tree trimming, tree removal, tree treatment by injection or trench methods, and stump grinding. 605.0910: VIOLATION OF PROVISIONS: Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff will have the following summary printed in the official newspaper in lieu of the complete ordinance: On April 23, 2012, the Mounds View City Council adopted Ordinance 871 that amends Chapter 605 of the Municipal Code to include Emerald Ash Borer as a regulated pest. The ordinance establishes conditions for nuisance declarations, abatement procedures and timelines, and permit requirements for tree contractors. A printed copy of the ordinance is available for inspection during regular business hours at the Mounds View City Hall and is available on-line at www.ci.mounds-view.mn.us. SECTION 3. This ordinance shall take effect thirty (30) days after the date of its publication. First reading and introduction by the Mounds View City Council on April 9, 2012. Second reading and adoption by the Mounds View City Council on April 23, 2012. Published in the official City newspaper on May 3, 2012. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (SEAL) Item No: 07E Meeting Date: April 9, 2012 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7922, Approving Longevity Wage Increases for Officer Keith Czarencki and Officer Keith Demarest of the Mounds View Police Department Background: Officer Keith Czarencki is a current employee with the City of Mounds View Police Department. His supervisor, Deputy Chief Steven Menard, has reviewed his performance as it relates to his responsibilities outlined in the job description. Officer Keith Demarest is a current employee with the City of Mounds View Police Department. His supervisor, Sergeant Bob Nelson, has reviewed his performance as it relates to his responsibilities outlined in the job description. Discussion: It was determined that both Officer Keith Czarencki and Officer Keith Demarest have satisfactorily performed in the capacity of their positions, and therefore longevity wage adjustments are consistent with the LELS Police Officers Union Contract. Recommendation: Staff recommends approval of Resolution 7922, approving the longevity wage adjustments for the employees listed in this resolution. Respectfully Submitted, __________________________ Desaree Crane Assistant City Administrator RESOLUTION 7922 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING LONGEVITY WAGE ADJUSTMENTS WHEREAS, the following below are regular full-time employees who are currently working for the City of Mounds View; and WHEREAS, their supervisors reviewed their performances as it relates to the responsibilities outlined in the job description; and WHEREAS, their supervisors determined that the following employees below have satisfactorily performed in the capacity of their positions documented in their performance reviews on file; and WHEREAS, these longevity wage adjustments are consistent with the Mounds View LELS Labor Agreement on file. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve longevity wage adjustments to the following indicated in the chart. NAME CURRENT POSITION DATE OF EMPLOYMENT/ CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Keith Czarencki Police Officer May 6, 1996 7%Longevity $34.58/hr 9% Longevity $35.23/hr May 6, 2012 Keith Demarest Police Officer April 26, 2004 3% Longevity $33.29/hr 5% Longevity $33.94/hr April 26, 2012 Adopted this 9th day of April, 2012. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (seal) Item No: 07F Meeting Date: April 9, 2012 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 7925 Accepting a Donation from Bethlehem Baptist Church in the Amount of $17,574 and Authorizing Distribution of Funds Introduction: Bethlehem Baptist Church purchased the building located at 5151 Program Avenue in 2004 and received City zoning approval to renovate the former office / warehouse space for church usage. At the same time, the Church expressed its desire to sponsor and support worthy community endeavors and created the “Mounds View Service Project Fund” pledging annual donations totaling $25,000. They envisioned the fund to be used to help meet certain community needs jointly identified by the city and the Church that would be “in harmony” with their mission and values. Discussion: Representatives from the City, the Community Center and the Park & Rec Commission have discussed potential funding opportunities for the first half 2012 service project fund donation which totaled $17,574. A number of programs and improvements which had been reviewed by the representative were highlighted for Bethlehem’s consideration. The Church’s Pastor for Outreach, Vince Johnson, responded with a letter dated April 5, 2012, recommending the following disbursement schedule: Club Mid $6,000 Music in the Park $1,000 Festival in the Park $2,500 Y-Partners $1,000 Flooring/Furniture in Hillview and Groveland Park Shelters $3,000 Program Equipment $1,145 Economic Development Fund $2,929 Recommendation: Attached for your consideration is Resolution 7925, a resolution which accepts the donation from Bethlehem Baptist Church in the amount of $17,574 and authorizes the distribution of the donations according to the Church’s recommendations. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 7925 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING A DONATION FROM BETHLEHEM BAPTIST CHURCH IN THE AMOUNT OF $17,574 AND AUTHORIZING DISTRIBUTION OF FUNDS WHEREAS, Since its establishment in Mounds View in 2004, Bethlehem Baptist Church has generously supported activities that have benefited the residents of Mounds View; and WHEREAS, Bethlehem Baptist Church would like to continue that support by making a contribution to the City of Mounds View of $17,574 to support the following programs and activities: Club Mid $6,000 Music in the Park $1,000 Festival in the Park $2,500 Y-Partners $1,000 Flooring/Furniture in Hillview & Groveland Park Shelters $3,000 Program Equipment $1,145 Economic Development Fund $2,929 NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council gratefully acknowledges and accepts the donation of $17,574 from Bethlehem Baptist Church, authorizes the distribution of the funds as directed herein, and approves the amendment of the 2012 Budget as may be necessary. Adopted this 14th day of April 9, 2012 _____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) CITY OF Mounds View AWAIR A Workplace Accident & Injury Reduction Program Safety Manual Table of Contents Page(s) Introduction ........................................................................... 1 Safety Policy Statement ........................................................ 2 Revision of Program .............................................................. 3 Application ............................................................................ 3 Goals and Objectives ............................................................. 4 Safety Committee ................................................................... 4 Roles and Responsibilities .................................................. 5-7 Enforcement Of Safety and Health Programs ........................ 8 Hazard Identification, Analysis and Control ........................... 9 Communication ................................................................... 10 Contractor Duties ................................................................ 11 Accident Investigation ......................................................... 12 Figure 1: Accident and Injury Flowchart ....................... 13 Program Evaluation .............................................................. 14 1 Introduction In 1990, the State of Minnesota amended the Occupational Safety and Health Act. Minnesota Statutes Chapter 182.653 subd.8 requires employers in certain industries to develop written, comprehensive workplace safety and health programs which are based on the NAICS (North American Industry Classification System) system. This legislation is known as A Workplace Accident and Injury Reduction (AWAIR) Act. Programs developed to comply with the act are known as AWAIR programs. The requirements of the legislation that are addressed and complied within our program are as follows: 1. How managers, supervisors and employees are responsible for implementing the program and how continued participation of management will be established, measured and maintained; 2. The methods used to identify, analyze and control new or existing hazards, conditions and operations; 3. How the plan will be communicated to all affected employees so they are informed of work-related hazards and controls; 4. How workplace accidents will be investigated and corrective action implemented; and 5. How safe work practices and rules will be enforced MNOSHA has adopted a list of NAICS codes that we have determined to exist within our jurisdiction as a public entity. These departments are under our blanket AWAIR program. The NAICS codes for the departments under our AWAIR Program are highlighted on the listing in Appendix A. 2 Safety Policy Statement The administration of the City of Mounds View is aware that our employees are our most valuable resource. Our safety policy reinforces our commitment to providing a safe, injury and illness free work place. The success of our safety program requires clearly defined goals, specific objectives and the identity of those that will share the responsibility of accomplishing those goals and objectives. Our AWAIR Program provides an “umbrella” under which all other safety policies and procedures will be administered. 3 Revision of Program The Safety Committee annually reviews this program and may make necessary revisions. The Approving Authority shall retain the responsibility for all policy revisions. DATE REVIEWED SIGNATURE Application This AWAIR program is intended to serve as an overview of all currently applicable Safety and Health programs. This program outlines the philosophy by which the City of Mounds View will develop, implement and maintain all other safety and health programs which concern more specific topics. While compliance with the law and OSHA standards is an important objective, an effective AWAIR program must be tailored to the City of Mounds View’s particular needs. This program shall look beyond specific legal requirements to identify and analyze existing hazards. It shall seek to prevent injuries and illnesses, even when compliance is not an issue. Ultimately, the program’s effectiveness in practice is what is important. Should a department’s operations require the need for a specific addition to this program, said specifics will be added as an addendum for that department and be maintained by that department within their operations. 4 Goals and Objectives Central to our AWAIR program are the goals and objectives we, as an organization, have set for our overall safety and health program. The goals establish the direction for our program and state what we are attempting to achieve through this program. Our goals are generally challenging to reach or complete, but are also possible to achieve. The goals are specific to the City of Mounds View. Our objectives are specific actions that we will be taking to attempt to achieve those goals. Our objectives can either be measured or demonstrated. Safety Committee The City of Mounds View has established a safety committee pursuant to Minnesota Statutes through the League of Minnesota Cities Insurance Trust Regional Safety Group program. The group of cities hold safety committee meetings on a regular basis. All departments within the city’s operations may have Representatives on the Safety Committee. Management/Supervisory personnel may have a representative on the safety committee. The City Council may have a representative on the safety committee. Safety Committee members will be able to perform their duties without fear of discrimination or retaliation by management or the governing body. 5 Roles and Responsibilities For Everyone in the Organization: All employees, including supervisors and managers, must follow all safety rules at all times. For Employees: 1. Employees must promptly report any safety and health hazards they observe to their supervisor or safety committee representative. 2. An employee’s first priority is to perform each job task safely. If an employee is unsure how to perform the task safely, he or she must consult with their supervisor. 3. Employees must wear personal protective equipment as required for their protection and maintain the equipment in a sanitary manner. 4. Employees must report all accidents and near misses to their supervisor immediately upon occurrence. For Supervisors: 1. Supervisors must discuss any current safety issues with their employees at the beginning of all regularly scheduled staff safety meetings or at the tailgate/toolbox meetings. 2. Supervisors will address all safety concerns raised by staff by initially investigating the issue, determining if the concern is valid and taking appropriate corrective action whenever necessary. Corrective action can include ordering new equipment, issuing maintenance work orders or consulting with the safety director, the safety committee or upper management. 3. Immediately upon learning of an accident or near miss the supervisor must initiate an investigation and submit the completed accident investigation report to the safety director. 4. Supervisors will actively and positively participate in all safety committee inspections of their assigned areas. For Human Resources Director/Human Resources Representative: 1. The Human Resources Director or Representative will serve as the lead person in the organization for safety and health issues and will serve as an ex officio member of the safety committee. 2. The Human Resources Director or Representative must review all First Reports of Injury and Accident Investigation Reports with the safety committee and take appropriate action to prevent recurrence. 6 3. The Human Resources Director or Representative will ensure that all safety training required by regulation or identified by management, supervision or the safety committee is addressed as needed to assure a safe workplace. 4. The Human Resources Director or Representative will recommend improvements in physical plant, machinery, equipment, raw materials and personal protective equipment to management, supervision and the safety committee. For Safety Committees: 1. The safety committee will conduct meetings, assist in area inspections, review accident reports, identify hazards, and address any and all safety concerns raised by employees, first-line supervision or the safety director. 2. The safety committee representatives will review their respective AWAIR program at least annually and make recommendations concerning updates and revisions to the program to senior management and the safety director. 3. Safety committee members each represent their particular work area and, therefore, should address all safety concerns brought to them by their coworkers. These concerns should be handled by initially investigating the issue with the area supervisor to determine if the concern is valid and then, as necessary and appropriate, bring the issue to the safety director or the full safety committee. For Management/Administration: 1. Managers will communicate to all employees and supervisors the importance of worker safety and health throughout the organization. 2. Management shall review all safety concerns brought forward by the safety director, the safety committee or first-line supervision and take appropriate action. 3. Management shall review the AWAIR program and any recommended revisions from the safety committee at least annually, make the appropriate revisions and work with the safety director, the safety committee and first- line supervision to communicate the revisions throughout the organization. 4. Management also establishes the importance of the AWAIR program, both by the priority they give workplace safety and health issues and by the example they set by initiating safety and health improvements, correcting hazards, enforcing safety rules, rewarding excellent performance in safety and health, and by following all safety rules. Safety and health programs are similar to quality improvement and other efforts organizations engage in to continually improve performance, customer service, competitiveness, organizational culture, etc. 7 For Elected/Appointed Officials: 1. Officials will communicate to all Managerial/Administrative personnel the importance of safety and health throughout the city/utility. 2. Elected/Appointed Officials will provide the resources to improve safety and health throughout the entire organization. This includes providing employees and supervisors with the authority to identify and correct hazards, the budget to purchase new equipment or make repairs, the training necessary to work safely and to recognize hazards, and the systems to get repairs made, materials ordered and other improvements accomplished. 8 Enforcement of Safety and Health Programs Enforcement of safe work practices should be fair, consistent throughout the city/utility, and based on established policy. Management and supervision should be conscious of the examples they set for the workplace and should obey the same rules as the rest of the workforce. Unsafe or unhealthy work action by all employees shall be corrected in a timely manner based on the severity of the hazards. The enforcement of the program is based on the following methods: 1. Verbal warning 2. Written warning 3. Leave without pay 4. Termination Or Take Safety Program Enforcement from union contract language agreement or current personnel manual. Disciplinary action will follow the above sequence unless the situation warrants more severe action. Not only should negative behavior be discouraged, but positive behavior should be reinforced as well. Exceptional performance or efforts in workplace safety and health should be recognized by the organization. 9 Hazard Identification, Analysis and Control The City of Mounds View will use the following steps to Identify, Analyze and Control hazards:  Walk-around inspections by Supervisors, Management or the Safety Committee members  Job or safety hazard analyses of different parts of the operation  Inspections should be done on a regular basis to identify both newly developed hazards and those previously missed  Periodic industrial hygiene monitoring and sampling for agents such as hazardous substances, noise and heat  Job hazard identification checklists  Employee reporting of workplace safety and health hazards  Employee hazard abatement suggestions  Preventative maintenance inspections  Engineering controls  Administrative controls  Personal Protective Equipment  Management and Employee Training The City of Mounds View may use the enclosed forms to assist in the Identification, Analysis and Control of hazards:  SP 1 – Hazard Inventory  SP 2 – Safety Inspection Checklist  SP 3 – Report of Unsafe Conditions  SP 4 – Hazard Elimination Evaluation Control Worksheet  SP 5 – Job Hazard Analysis  SP 6 – Indoor Environmental Audit  SP 7 – Personal Exposure Monitoring  SP 8 – Certification of Employee Training  SP 10 – Accident/Injury Investigation 10 Communication All managers and supervisors are responsible for communicating with all workers about occupational safety and health in a form readily understandable by all workers. Our communication system encourages all workers to inform their managers and supervisors about workplace hazards without fear of reprisal. Our communication system may include one or more of the following items:  New worker orientation including a discussion of safety and health policies and procedures  Review of our program  Training programs  Regularly scheduled safety meetings  Posted or distributed safety information  A system for workers to anonymously inform management about workplace hazards 11 Contractor Duties All contractors shall follow any and all Minnesota OSHA, Federal OSHA, MN DOT, MPCA and other regulatory agency’s rules that pertain to their worksites in the State of Minnesota. All contractors shall be responsible for initiating, maintaining and supervising safety and health related policies, programs and work practices in connection with the performance of contractual work. Duties to Sub-contractors Contractors that use sub-contractors shall be responsible for communicating any and all safety and health related information to those sub-contractors and shall ensure that sub-contractors initiate, maintain and supervise safety and health related polices, programs and work practices while performing sub-contracted work. Imminent Danger In the event of an imminent danger situation, the City of Mounds View reserves the right to suspend contracted work if said work exposes the employees of either employer to imminent danger. Imminent Danger Definition per MNOSHA: Imminent danger situations are given top priority. An imminent danger is any condition or practice that presents a substantial probability that death or serious physical harm could occur immediately or before the danger can be eliminated through normal enforcement procedures. MNOSHA becomes aware of these situations through reports received from employees, the general public or direct observation by an investigator. If an imminent danger situation is identified, the safety and health investigator will ask the employer to voluntarily eliminate the hazard and to remove the endangered employees from exposure. If the employer fails to do this, MNOSHA may "red tag" the equipment or job site for 72 hours. 12 Accident Investigation Procedures for investigating workplace accidents, hazardous substance exposures, and near misses include: 1. Interviewing injured workers and witnesses; 2. Examining the workplace for factors associated with the accident/exposure; 3. Determining the most probable cause of the accident/exposure; 4. Taking corrective action to prevent the accident/exposure from re-occurring; and 5. Recording the findings and actions taken. It should not be to affix blame. Each contributing factor should be traced back to its root cause. A written report that describes the accident and its causes and recommendations for corrective action and prevention will be prepared and presented to management. The ultimate goal of the investigation is to determine the basic and root causes and to determine appropriate corrective action so the incident does not happen again. To simply attribute an accident to “employee error,” without further consideration of the basic causes, deprives the organization of the opportunity to take real preventive action. Possible use of engineering controls, improved work practices and administrative controls should be considered to help employees do their jobs safely. Management practices may also be considered as a possible basic factor. For example, if there is managerial or supervisory pressure to increase production or cut costs, employees may take unsafe shortcuts in work procedures or delay or skip necessary preventive maintenance. The Accident/Injury Investigation Form (Form SP 10) may be used. 13 Figure 1: Accident and Injury Flowchart 14 Program Evaluation The AWAIR Act requires employers to review the entire program at least annually and document the findings. Program review is vital because it serves as a check to see if the organization is making progress towards its goal of creating a safer, healthier workplace for all employees. The annual review keeps the program fresh, accurate and an integral part of the organization. Item No: 08A Meeting Date: April 9, 2012 Type of Business: Consent Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Don Peterson, Public Works Supervisor Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7923, Approving the Mounds View Safety Manual Introduction: In 2009, a consultant from the Occupational Safety and Health Administration (OSHA) conducted a consultation audit/inspection of the Public Works facilities. During this inspection, OSHA required that the City form a Safety Committee that meets on a monthly basis. Further, OSHA also required that the City adopt a Safety Program, which outlines the City and employee responsibilities in ensuring workplace safety. Discussion: After receiving the audit results in 2009, the City immediately formed a Safety Committee. Members of this committee include Don Peterson (PW Supervisor), Desaree Crane (Assistant City Administrator), Officer Kirk Leitch (MVPD), Jeremiah Anderson (Housing Inspector/Code Enforcement), and Nate Behlen (PW Maintenance). In early 2010, the Safety Committee started work on the Safety Manual. With the assistance of the League of Minnesota Cities, the Safety Committee drafted a Safety Manual for City Council’s review at the May 2, 2011, Work Session. During the May 2, 2011, Work Session, representatives from the Safety Committee notified the City Council that the City is required to have a Safety Manual drafted and approved by the City Council to meet OSHA requirements. The Safety Committee received feedback from the City Council and the City Administrator after the May 2, 2011, Work Session, and the committee made revisions as necessary. The City Council reviewed the final draft of the manual at the last Work Session in April. During this Work Session, the City Council requested only one revision on page 2. Per the City Council’s request, Staff revised the language on page 2. Attached is the final draft of Safety Manual. OSHA and the League of Minnesota Cities require that this Safety Manual be approved by Resolution. Item 08A Resolution 7923, Approving the Mounds View Safety Manual Page 2 Recommendation: Staff recommends approval of Resolution 7923, approving the Mounds View Safety Manual. It was the consensus of the City Council to place this item on Consent. Respectfully submitted, __________________________ Desaree Crane RESOLUTION 7923 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE MOUNDS VIEW SAFETY MANUAL WHEREAS, in 2009, a consultant from the Occupational Safety and Health Administration (OSHA) conducted a consultation audit/inspection of the Public Works facilities; and WHEREAS, during this inspection, OSHA required that the City form a Safety Committee that meets on a monthly basis; and WHEREAS, during this inspection OSHA also required that the City adopt a Safety Program, which outlines the City and employee responsibilities in ensuring workplace safety; and WHEREAS, in 2009, the City immediately formed a Safety Committee; and WHEREAS, with the assistance of the League of Minnesota Cities, the Safety Committee drafted a Safety Manual for City Council’s review at the May 2, 2011 Work Session; and WHEREAS, the Safety Committee received feedback from the City Administrator and the City Council on the Safety Manual after the May 2, 2011, Work Session, and made revisions; and WHEREAS, the Safety Committee submitted a final draft to the City Council for final review at the April 2, 2012, Work Session; and WHEREAS, during the April 2, 2012, Work Session, it was the consensus of the City Council to place the Safety Manual for City Council approval at the next City Council Meeting; and WHEREAS, OSHA and the League of Minnesota Cities require that the City’s Safety Manual be approved by Resolution. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council approved the Mounds View Safety Manual, attached hereto. Resolution 7923 Page 2 Adopted this 9th day of April, 2012. _________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (seal)