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HomeMy WebLinkAboutAgenda Packets - 2011/02/14CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, February 14, 2011 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. 7:05 Public Hearing: 1. Resolution 7739, Approving an On-Sale Intoxicating Liquor License Transfer from MoundsVista, Inc., (doing business as The Mermaid) to Mermaid Acquisition Group, Inc. at 2200 Highway 10 2. Resolution 7740, Approving a Bowling and Restaurant License Transfer from MoundsVista, Inc., (doing business as The Mermaid) to Mermaid Acquisition Group, Inc. at 2200 Highway 10 B. Resolution 7734, A Resolution Concerning the Commencement of Formal renewal proceedings under the federal cable communications policy act of 1984, as amended. C. Resolution 7738, Approving Transfers Between Funds for the Year 2010 D. Resolution 7742, Authorizing KLM Engineering, Inc. to Prepare Technical Specifications for the Elevated Water Tower Reconditioning Project E. Resolution 7737, Re-approving the Final Plat for the Select Senior Living Project at County Highway 10 & Groveland Road F. Police Department Personnel Actions: 1. Resolution 7735 Approving the Promotion of Sgt. Steve Menard to the Position of Deputy Police Chief 2. Resolution 7736 Approving the Promotion of Officer Tim Wolf to the Position of Sergeant G. Resolution 7743, Approving the Purchase One 2011 Ford Crown Victoria Squad Car and One 2011 Four Wheel Drive Chevrolet Tahoe H. Resolution 7744, Authorizing Barr Engineering Company to Prepare Part 1 of the Wellhead Protection Plan City Council Agenda Monday, February 14, 2011 Page 2 8. CONSENT AGENDA A. Resolution 7741, a Resolution Approving a Charitable Gambling Premises Permit for Blaine Lions Club to conduct Charitable Gambling at Robert’s Sports Bar and Entertainment 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. Monday, January 10, 2011, City Council Minutes B. Monday January 24, 2011, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, March 7, 2011, at 7pm Next Council Meeting: Monday, February 28, 2011, at 7pm 13. ADJOURNMENT CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, February 14, 2011 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. 7:05 Public Hearing: 1. Resolution 7739, Approving an On-Sale Intoxicating Liquor License Transfer from MoundsVista, Inc., (doing business as The Mermaid) to Mermaid Acquisition Group, Inc. at 2200 Highway 10 2. Resolution 7740, Approving a Bowling and Restaurant License Transfer from MoundsVista, Inc., (doing business as The Mermaid) to Mermaid Acquisition Group, Inc. at 2200 Highway 10 B. Resolution 7734, A Resolution Concerning the Commencement of Formal renewal proceedings under the federal cable communications policy act of 1984, as amended. C. Resolution 7738, Approving Transfers Between Funds for the Year 2010 D. Resolution 7742, Authorizing KLM Engineering, Inc. to Prepare Technical Specifications for the Elevated Water Tower Reconditioning Project E. Resolution 7737, Re-approving the Final Plat for the Select Senior Living Project at County Highway 10 & Groveland Road F. Police Department Personnel Actions: 1. Resolution 7735 Approving the Promotion of Sgt. Steve Menard to the Position of Deputy Police Chief 2. Resolution 7736 Approving the Promotion of Officer Tim Wolf to the Position of Sergeant G. Resolution 7743, Approving the Purchase One 2011 Ford Crown Victoria Squad Car and One 2011 Four Wheel Drive Chevrolet Tahoe H. Resolution 7744, Authorizing Barr Engineering Company to Prepare Part 1 of the Wellhead Protection Plan City Council Agenda Monday, February 14, 2011 Page 2 8. CONSENT AGENDA A. Resolution 7741, a Resolution Approving a Charitable Gambling Premises Permit for Blaine Lions Club to conduct Charitable Gambling at Robert’s Sports Bar and Entertainment 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. Monday, January 10, 2011, City Council Minutes B. Monday January 24, 2011, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, March 7, 2011, at 7pm Next Council Meeting: Monday, February 28, 2011, at 7pm 13. ADJOURNMENT Item No: 07A(1) Meeting Date: February 14, 2011 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: Public Hearing, Resolution 7739, Approving an On-Sale Intoxicating License Transfer from MoundsVista, Inc. (doing business as The Mermaid) to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid) located at 2200 County Highway 10 Background: In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license transfers. The Mermaid Acquisition Group, Inc., has a management agreement with MoundsVista, Inc. to manage the facility. MoundsVista, Inc., wishes to transfer their On-Sale Intoxicating Liquor License to the Mermaid Acquisition Group, Inc. It is the intention of Mermaid Acquisition Group, Inc., to purchase the property later this year. Michael Anderson, President of Mermaid Acquisition Group, Inc., will be appearing at this City Council meeting to answer any questions. Discussion: The Mermaid Acquisition Group, Inc., submitted all required city liquor license application materials and fees. The Mermaid Acquisition Group, Inc., has also submitted an application for an Outdoor Liquor Consumption Endorsement to sell liquor outside on their patio (weather permitting). The following investigations and inspections have been conducted to determine whether there is cause for the City to deny the application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for The Mermaid. Staff submitted a background check application on the president of Mounds View Acquisition Group, Inc., Michael Anderson, to the Minnesota Bureau of Criminal Apprehension (BCA). Background check from the BCA came back satisfactory. City Billing (Mounds View Finance Department) The Mermaid is up to date on payment of all utility bills. The Finance Department issued a satisfactory report. In addition, Mermaid Acquisition Group, Inc., paid all delinquent Ramsey County property taxes. There are no outstanding property taxes. Fire Inspection (Mounds View Fire Marshal) The City’s Fire Marshal has issued a satisfactory report for The Mermaid. Item 07A(1) February 14, 2011, City Council Meeting Page 2 Recommendation: Staff recommends approving Resolution 7739, approving an On-Sale Intoxicating Liquor License transfer from MoundsVista, Inc. to the Mermaid Acquisition Group, Inc. (to include an Outdoor Liquor Endorsement). Respectfully Submitted, ___________________________ Desaree Crane RESOLUTION 7739 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving an On-Sale Intoxicating License Transfer from MoundsVista, Inc. (doing business as The Mermaid) to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid) located at 2200 County Highway 10 WHEREAS, the Mermaid Acquisition Group, Inc., has a management agreement with MoundsVista, Inc.’s to manage The Mermaid facility; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, the Mermaid Acquisition Group, Inc., submitted all required City and State liquor license application materials and fees; and WHEREAS, staff has reviewed all application materials to include the application outdoor liquor consumption; and WHEREAS, staff recommends approval of an On-Sale Intoxicating Liquor License Transfer to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid), with an Outdoor Liquor Consumption Endorsement. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale Intoxicating Liquor License (with Outdoor Liquor Consumption Endorsement) transfer to the Mermaid Acquisition Group Inc., for the period of February 15, 2011 to June 30, 2011. Adopted this 14th day of February, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07A(1) Meeting Date: February 14, 2011 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: Public Hearing, Resolution 7739, Approving an On-Sale Intoxicating License Transfer from MoundsVista, Inc. (doing business as The Mermaid) to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid) located at 2200 County Highway 10 Background: In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license transfers. The Mermaid Acquisition Group, Inc., has a management agreement with MoundsVista, Inc. to manage the facility. MoundsVista, Inc., wishes to transfer their On-Sale Intoxicating Liquor License to the Mermaid Acquisition Group, Inc. It is the intention of Mermaid Acquisition Group, Inc., to purchase the property later this year. Michael Anderson, President of Mermaid Acquisition Group, Inc., will be appearing at this City Council meeting to answer any questions. Discussion: The Mermaid Acquisition Group, Inc., submitted all required city liquor license application materials and fees. The Mermaid Acquisition Group, Inc., has also submitted an application for an Outdoor Liquor Consumption Endorsement to sell liquor outside on their patio (weather permitting). The following investigations and inspections have been conducted to determine whether there is cause for the City to deny the application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for The Mermaid. Staff submitted a background check application on the president of Mounds View Acquisition Group, Inc., Michael Anderson, to the Minnesota Bureau of Criminal Apprehension (BCA). Background check from the BCA came back satisfactory. City Billing (Mounds View Finance Department) The Mermaid is up to date on payment of all utility bills. The Finance Department issued a satisfactory report. In addition, Mermaid Acquisition Group, Inc., paid all delinquent Ramsey County property taxes. There are no outstanding property taxes. Fire Inspection (Mounds View Fire Marshal) The City’s Fire Marshal has issued a satisfactory report for The Mermaid. Item 07A(1) February 14, 2011, City Council Meeting Page 2 Recommendation: Staff recommends approving Resolution 7739, approving an On-Sale Intoxicating Liquor License transfer from MoundsVista, Inc. to the Mermaid Acquisition Group, Inc. (to include an Outdoor Liquor Endorsement). Respectfully Submitted, ___________________________ Desaree Crane RESOLUTION 7739 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving an On-Sale Intoxicating License Transfer from MoundsVista, Inc. (doing business as The Mermaid) to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid) located at 2200 County Highway 10 WHEREAS, the Mermaid Acquisition Group, Inc., has a management agreement with MoundsVista, Inc.’s to manage The Mermaid facility; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, the Mermaid Acquisition Group, Inc., submitted all required City and State liquor license application materials and fees; and WHEREAS, staff has reviewed all application materials to include the application outdoor liquor consumption; and WHEREAS, staff recommends approval of an On-Sale Intoxicating Liquor License Transfer to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid), with an Outdoor Liquor Consumption Endorsement. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale Intoxicating Liquor License (with Outdoor Liquor Consumption Endorsement) transfer to the Mermaid Acquisition Group Inc., for the period of February 15, 2011 to June 30, 2011. Adopted this 14th day of February, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07A(2) Meeting Date: February 14, 2011 Type of Business: CB City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7740, Approving a Bowling and Restaurant License Transfer from MoundsVista, Inc., (doing business as The Mermaid) to Mermaid Acquisition Group, Inc., (doing business as The Mermaid), located at 2200 Highway 10 Discussion: The Mermaid Acquisition Group, Inc., has a management agreement with MoundsVista, Inc. to manage the facility. MoundsVista, Inc. wishes to transfer their Bowling and Restaurant Business Licenses to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid). All application materials and fees have been submitted to the City. Recommendation: Staff recommends approval of Resolution 7740, Authorizing a Transfer of Ownership for a Bowling and Restaurant Business License for the Mermaid Acquisition Group, Inc., (doing business as The Mermaid), located at 2200 Highway 10. Respectfully Submitted, ____________________ Desaree Crane RESOLUTION 7740 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving a Bowling and Restaurant License Transfer from MoundsVista, Inc., (doing business as The Mermaid) to Mermaid Acquisition Group, Inc., (doing business as The Mermaid), located at 2200 Highway 10 WHEREAS, The Mermaid Acquisition Group, Inc., has a management agreement with MoundsVista, Inc. to manage The Mermaid facility; and WHEREAS, MoundsVista, Inc. wishes to transfer their Bowling and Restaurant Business Licenses to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid); and WHEREAS, all application materials and fees have been submitted to the City; and WHEREAS, the licensing period would be from February 15, 2011 to June 30, 2011; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve a Bowling and restaurant Business License transfer to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid), located at 2200 Highway 10. Adopted this 14th day of February, 2011. ___________________________________ Joe Flaherty, Mayor ATTEST: ___________________________________ James Ericson, City Administrator (seal) Item No: 07A(2) Meeting Date: February 14, 2011 Type of Business: CB City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7740, Approving a Bowling and Restaurant License Transfer from MoundsVista, Inc., (doing business as The Mermaid) to Mermaid Acquisition Group, Inc., (doing business as The Mermaid), located at 2200 Highway 10 Discussion: The Mermaid Acquisition Group, Inc., has a management agreement with MoundsVista, Inc. to manage the facility. MoundsVista, Inc. wishes to transfer their Bowling and Restaurant Business Licenses to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid). All application materials and fees have been submitted to the City. Recommendation: Staff recommends approval of Resolution 7740, Authorizing a Transfer of Ownership for a Bowling and Restaurant Business License for the Mermaid Acquisition Group, Inc., (doing business as The Mermaid), located at 2200 Highway 10. Respectfully Submitted, ____________________ Desaree Crane RESOLUTION 7740 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving a Bowling and Restaurant License Transfer from MoundsVista, Inc., (doing business as The Mermaid) to Mermaid Acquisition Group, Inc., (doing business as The Mermaid), located at 2200 Highway 10 WHEREAS, The Mermaid Acquisition Group, Inc., has a management agreement with MoundsVista, Inc. to manage The Mermaid facility; and WHEREAS, MoundsVista, Inc. wishes to transfer their Bowling and Restaurant Business Licenses to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid); and WHEREAS, all application materials and fees have been submitted to the City; and WHEREAS, the licensing period would be from February 15, 2011 to June 30, 2011; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve a Bowling and restaurant Business License transfer to the Mermaid Acquisition Group, Inc., (doing business as The Mermaid), located at 2200 Highway 10. Adopted this 14th day of February, 2011. ___________________________________ Joe Flaherty, Mayor ATTEST: ___________________________________ James Ericson, City Administrator (seal) Item No: 7B Meeting Date: February 14, 2011 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 7734, Authorization to Commence Formal Renewal Proceedings with Comcast, Pursuant to the Federal Cable Communications Policy Act of 1984 Introduction: In October of 2010, the City received correspondence from Kathi Donnelly-Cohen, Director of Government Affairs for Comcast's Twin Cities cable systems, notifying us of the cable company's intention to renew the current cable television franchise. The City’s franchise expires on October 1, 2013, but federal law requires this notification be sent to the local franchising authority 30 to 36 months prior to expiration of the franchise. Discussion: To begin the franchise renewal process, the North Suburban Communications Commission (NSCC) has requested that the City adopt a resolution delegating to the NSCC the responsibility for conducting the renewal proceedings. Although the NSCC Joint Powers Agreement already empowers the Commission to act on each city's behalf in the franchise renewal process, the Commission believes that adopting such a resolution will forestall any arguments by the cable company to the contrary. In order to start the franchise renewal process, the Commission and its staff must soon begin the required evaluation of Comcast's compliance with the current franchise and the required needs assessment. Because the Commission understands that council members may have questions about the franchise renewal process, their staff has prepared a Fact Sheet (attached) that addresses some of the questions that are more frequently asked. In addition, NSCC legal counsel, Steve Guzzetta, and Commission member Rick Montour, plan to attend the Council meeting to review the process and respond to any questions. Recommendation: Staff recommends approval of Resolution 7734, a resolution authorizing the commencement of formal renewal proceedings with Comcast and delegating to the Commission the responsibility for negotiation on the City’s behalf. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION NO. 7734 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION CONCERNING THE COMMENCEMENT OF FORMAL RENEWAL PROCEEDINGS UNDER THE FEDERAL CABLE COMMUNICATIONS POLICY ACT OF 1984, AS AMENDED WHEREAS, the City of Mounds View, (the “City”) enacted an ordinance and entered into a cable television franchise agreement (collectively, the “Franchise”) with MediaOne North Central Communications Corp. (“MediaOne”), which became effective October 1, 1998, to provide cable television service within the territorial limits of the City; and WHEREAS, as a result of several transfers of the Franchise, Comcast of Minnesota, Inc. (“Comcast”) currently holds the Franchise; and WHEREAS, the North Suburban Cable Commission (the “Commission”) was organized by the City and the other member cities pursuant to Minn. Stat. § 471.59, as amended, for the purposes of monitoring Comcast’s performance, operations and activities, and coordinating, administering and enforcing the City’s Franchise and the franchises granted by the Commission’s other member cities; and WHEREAS, Section 626(a)(1) of the Cable Communications Policy Act of 1984, as amended (the “Cable Act”), 47 U.S.C. § 546(a)(1), provides that if a written renewal request is submitted by a cable operator during the 6-month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising authority shall, within six months of the request, commence formal renewal proceedings to identify the future cable-related community needs and interests, and to review the performance of the cable operator under its franchise during the then current franchise term; and WHEREAS, the Franchise is scheduled to expire on October 1, 2013, unless sooner terminated or extended; and WHEREAS, by letter dated October 11, 2010, from Comcast to the City, Comcast invoked the formal renewal procedures set forth in Section 626 of the Cable Act, 47 U.S.C. § 546; and WHEREAS, the City is desirous of commencing the formal renewal proceedings specified in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and, at the same time, of pursuing the informal renewal process with Comcast pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and WHEREAS, the City wishes that the formal proceedings under Section 626(a) of the Cable Act and the informal renewal process under Section 626(h) be managed and conducted by the Commission, or its designee(s); and Resolution 7734 Feb 14, 2011 Page 2 WHEREAS, the City intends to confirm the Commission’s pre-existing authority to take any and all steps required or desired to comply with the franchise renewal and related requirements of the Cable Act, Minnesota law and the Franchise in accordance with the broad powers granted to the Commission by the Amended North Suburban Cable Commission Joint and Cooperative Agreement for the Administration of a Cable Communications System, dated June 1990 (the “Joint Powers Agreement”); and WHEREAS, the Commission is empowered by Joint Powers Agreement to conduct the Section 626(a) proceedings on the City’s behalf and to take such other steps and actions as are needed or required to carry out the formal and informal franchise renewal processes; and WHEREAS, the Commission, on behalf of the City, must provide the public with notice of, and an opportunity to participate in, formal renewal proceedings under Section 626(a) of the Cable Act; and WHEREAS, formal Section 626(a) proceedings and the informal franchise renewal process may involve the collection and analysis of information from Comcast (and its affiliates and subsidiaries), City agencies and departments, the Commission, the North Suburbs Access Corporation, the public and other interested parties, and may require one or more public hearings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW, MINNESOTA, THAT: Section 1. The City authorizes the Commission and its staff to commence formal franchise renewal ascertainment and past performance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), concerning Comcast and the Franchise, on the City’s behalf, pursuant to the powers granted to the Commission in the Joint Powers Agreement. These proceedings, and all applicable procedures, timelines and deadlines set forth in Section 626(a)- (g) of the Cable Act, 47 U.S.C. § 546(a)-(g), may be tolled if Comcast and the Commission enter into a lawful and binding tolling agreement (“Standstill Agreement”). Section 2. The Commission, Commission staff and/or their designee(s) are authorized to manage and conduct those formal franchise renewal proceedings specified in 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and to take all steps and actions necessary or desired to conduct such proceedings and to comply with applicable laws, regulations, orders and decisions. Section 3. The Commission, Commission staff and/or their designee(s), may explore with Comcast the possibility of pursuing the informal renewal process under Section 626(h) of the Cable Act, 47 U.S.C. § 546(h). If the Commission and Comcast decide to utilize the informal renewal process, the Commission, Commission staff and/or their designee(s) are authorized to enter into a Standstill Agreement, if appropriate or desired, to perform past performance and needs assessment reviews, to negotiate and communicate with Comcast concerning matters relating to the renewal and/or extension of the Franchise, and to take all other steps and actions necessary or desired to engage in the informal renewal process and/or to comply with applicable laws, regulations, orders and decisions. Section 4. The Commission, Commission staff and/or their designee(s) shall provide the public with notice of, and an opportunity to participate in, proceedings conducted under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), unless those proceedings are tolled Resolution 7734 Feb 14, 2011 Page 3 pursuant to a Standstill Agreement, in which case such notice and an opportunity to participate will only be required if the Standstill Agreement ceases to be effective or if the Cable Act’s formal renewal process is re-activated in accordance with the Standstill Agreement. Section 5. The Commission, Commission staff and/or their designee(s) may establish procedures and dates for the conduct of any hearings related to the Section 626(a) proceedings or the informal franchise renewal process and may establish procedures and dates for the submission of testimony and other information in connection with such proceedings and the informal franchise renewal process. Section 6. The Commission, Commission staff and/or their designee(s) are authorized to request and require Comcast and its affiliates and subsidiaries to submit such information as may be deemed appropriate in connection with the Section 626(a) proceedings or the informal renewal process under Section 626(h), to the maximum extent permitted by the Franchise and applicable laws and regulations, to gather such other information from other persons or sources as may be deemed appropriate, and to take such further steps as may be needed or desired to ensure the City’s, the Commission’s, the North Suburbs Access Corporation’s and the public’s cable-related needs and interests are satisfied and fully protected consistent with applicable law. Section 7. The City reserves all of its rights, remedies and defenses with respect to determining whether or not to renew the Franchise, to the full extent permitted by law. Section 8. Nothing in this Resolution shall be construed to limit the powers of the Commission under the Joint Powers Agreement or to otherwise waive or limit the Commission’s authority, rights, remedies and defenses under applicable agreements, laws, regulations, orders and decisions. Section 9. The Commission shall keep the City fully apprised of the status and progress of the formal and informal renewal processes, as appropriate. Section 10. This Resolution shall become effective immediately upon adoption. ADOPTED on this 14th day of February, 2011. ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, City Administrator (seal) Item No: 7B Meeting Date: February 14, 2011 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 7734, Authorization to Commence Formal Renewal Proceedings with Comcast, Pursuant to the Federal Cable Communications Policy Act of 1984 Introduction: In October of 2010, the City received correspondence from Kathi Donnelly-Cohen, Director of Government Affairs for Comcast's Twin Cities cable systems, notifying us of the cable company's intention to renew the current cable television franchise. The City’s franchise expires on October 1, 2013, but federal law requires this notification be sent to the local franchising authority 30 to 36 months prior to expiration of the franchise. Discussion: To begin the franchise renewal process, the North Suburban Communications Commission (NSCC) has requested that the City adopt a resolution delegating to the NSCC the responsibility for conducting the renewal proceedings. Although the NSCC Joint Powers Agreement already empowers the Commission to act on each city's behalf in the franchise renewal process, the Commission believes that adopting such a resolution will forestall any arguments by the cable company to the contrary. In order to start the franchise renewal process, the Commission and its staff must soon begin the required evaluation of Comcast's compliance with the current franchise and the required needs assessment. Because the Commission understands that council members may have questions about the franchise renewal process, their staff has prepared a Fact Sheet (attached) that addresses some of the questions that are more frequently asked. In addition, NSCC legal counsel, Steve Guzzetta, and Commission member Rick Montour, plan to attend the Council meeting to review the process and respond to any questions. Recommendation: Staff recommends approval of Resolution 7734, a resolution authorizing the commencement of formal renewal proceedings with Comcast and delegating to the Commission the responsibility for negotiation on the City’s behalf. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION NO. 7734 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION CONCERNING THE COMMENCEMENT OF FORMAL RENEWAL PROCEEDINGS UNDER THE FEDERAL CABLE COMMUNICATIONS POLICY ACT OF 1984, AS AMENDED WHEREAS, the City of Mounds View, (the “City”) enacted an ordinance and entered into a cable television franchise agreement (collectively, the “Franchise”) with MediaOne North Central Communications Corp. (“MediaOne”), which became effective October 1, 1998, to provide cable television service within the territorial limits of the City; and WHEREAS, as a result of several transfers of the Franchise, Comcast of Minnesota, Inc. (“Comcast”) currently holds the Franchise; and WHEREAS, the North Suburban Cable Commission (the “Commission”) was organized by the City and the other member cities pursuant to Minn. Stat. § 471.59, as amended, for the purposes of monitoring Comcast’s performance, operations and activities, and coordinating, administering and enforcing the City’s Franchise and the franchises granted by the Commission’s other member cities; and WHEREAS, Section 626(a)(1) of the Cable Communications Policy Act of 1984, as amended (the “Cable Act”), 47 U.S.C. § 546(a)(1), provides that if a written renewal request is submitted by a cable operator during the 6-month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising authority shall, within six months of the request, commence formal renewal proceedings to identify the future cable-related community needs and interests, and to review the performance of the cable operator under its franchise during the then current franchise term; and WHEREAS, the Franchise is scheduled to expire on October 1, 2013, unless sooner terminated or extended; and WHEREAS, by letter dated October 11, 2010, from Comcast to the City, Comcast invoked the formal renewal procedures set forth in Section 626 of the Cable Act, 47 U.S.C. § 546; and WHEREAS, the City is desirous of commencing the formal renewal proceedings specified in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and, at the same time, of pursuing the informal renewal process with Comcast pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and WHEREAS, the City wishes that the formal proceedings under Section 626(a) of the Cable Act and the informal renewal process under Section 626(h) be managed and conducted by the Commission, or its designee(s); and Resolution 7734 Feb 14, 2011 Page 2 WHEREAS, the City intends to confirm the Commission’s pre-existing authority to take any and all steps required or desired to comply with the franchise renewal and related requirements of the Cable Act, Minnesota law and the Franchise in accordance with the broad powers granted to the Commission by the Amended North Suburban Cable Commission Joint and Cooperative Agreement for the Administration of a Cable Communications System, dated June 1990 (the “Joint Powers Agreement”); and WHEREAS, the Commission is empowered by Joint Powers Agreement to conduct the Section 626(a) proceedings on the City’s behalf and to take such other steps and actions as are needed or required to carry out the formal and informal franchise renewal processes; and WHEREAS, the Commission, on behalf of the City, must provide the public with notice of, and an opportunity to participate in, formal renewal proceedings under Section 626(a) of the Cable Act; and WHEREAS, formal Section 626(a) proceedings and the informal franchise renewal process may involve the collection and analysis of information from Comcast (and its affiliates and subsidiaries), City agencies and departments, the Commission, the North Suburbs Access Corporation, the public and other interested parties, and may require one or more public hearings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW, MINNESOTA, THAT: Section 1. The City authorizes the Commission and its staff to commence formal franchise renewal ascertainment and past performance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), concerning Comcast and the Franchise, on the City’s behalf, pursuant to the powers granted to the Commission in the Joint Powers Agreement. These proceedings, and all applicable procedures, timelines and deadlines set forth in Section 626(a)- (g) of the Cable Act, 47 U.S.C. § 546(a)-(g), may be tolled if Comcast and the Commission enter into a lawful and binding tolling agreement (“Standstill Agreement”). Section 2. The Commission, Commission staff and/or their designee(s) are authorized to manage and conduct those formal franchise renewal proceedings specified in 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and to take all steps and actions necessary or desired to conduct such proceedings and to comply with applicable laws, regulations, orders and decisions. Section 3. The Commission, Commission staff and/or their designee(s), may explore with Comcast the possibility of pursuing the informal renewal process under Section 626(h) of the Cable Act, 47 U.S.C. § 546(h). If the Commission and Comcast decide to utilize the informal renewal process, the Commission, Commission staff and/or their designee(s) are authorized to enter into a Standstill Agreement, if appropriate or desired, to perform past performance and needs assessment reviews, to negotiate and communicate with Comcast concerning matters relating to the renewal and/or extension of the Franchise, and to take all other steps and actions necessary or desired to engage in the informal renewal process and/or to comply with applicable laws, regulations, orders and decisions. Section 4. The Commission, Commission staff and/or their designee(s) shall provide the public with notice of, and an opportunity to participate in, proceedings conducted under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), unless those proceedings are tolled Resolution 7734 Feb 14, 2011 Page 3 pursuant to a Standstill Agreement, in which case such notice and an opportunity to participate will only be required if the Standstill Agreement ceases to be effective or if the Cable Act’s formal renewal process is re-activated in accordance with the Standstill Agreement. Section 5. The Commission, Commission staff and/or their designee(s) may establish procedures and dates for the conduct of any hearings related to the Section 626(a) proceedings or the informal franchise renewal process and may establish procedures and dates for the submission of testimony and other information in connection with such proceedings and the informal franchise renewal process. Section 6. The Commission, Commission staff and/or their designee(s) are authorized to request and require Comcast and its affiliates and subsidiaries to submit such information as may be deemed appropriate in connection with the Section 626(a) proceedings or the informal renewal process under Section 626(h), to the maximum extent permitted by the Franchise and applicable laws and regulations, to gather such other information from other persons or sources as may be deemed appropriate, and to take such further steps as may be needed or desired to ensure the City’s, the Commission’s, the North Suburbs Access Corporation’s and the public’s cable-related needs and interests are satisfied and fully protected consistent with applicable law. Section 7. The City reserves all of its rights, remedies and defenses with respect to determining whether or not to renew the Franchise, to the full extent permitted by law. Section 8. Nothing in this Resolution shall be construed to limit the powers of the Commission under the Joint Powers Agreement or to otherwise waive or limit the Commission’s authority, rights, remedies and defenses under applicable agreements, laws, regulations, orders and decisions. Section 9. The Commission shall keep the City fully apprised of the status and progress of the formal and informal renewal processes, as appropriate. Section 10. This Resolution shall become effective immediately upon adoption. ADOPTED on this 14th day of February, 2011. ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, City Administrator (seal) Item No. 7.C Meeting Date: February 14, 2011 Type of Business: Council Business Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7738 Approving Transfers Between Funds for the Year 2010 The City Council included a variety of transfers between funds as part of the 2010 budget. They are listed in the attached resolution in the Budget column. Resolution 7738 formally authorizes the listed transfers between funds in the Actual column for the year 2010. Some of the transfers can be adjusted. Staff recommends that the transfer to the Community Center Fund from the General Fund be reduced by $5,000 to reflect the performance of the Banquet Center. The transfer from the Special Projects Fund ($90,000) to the General Fund can be cancelled to preserve capital 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. Transfers to the Storm Water and Sewer funds for equipment purchases can be cancelled because the purchases were deferred. 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 reduced to correspond to 5% of the increment available to be paid. Staff is recommending approval of resolution 7738 approving transfers between funds. Respectfully Submitted, ____________________ Mark Beer RESOLUTION NO. 7738 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota APPROVING TRANSFERS BETWEEN FUNDS FOR THE YEAR 2010 WHEREAS, the City has adopted budgets for various funds for 2010 that included inter-fund transfers for various purposes; and WHEREAS, it is possible to reduce the transfer to the Community Center Special Revenue Fund due to positive 2010 financial results; and WHEREAS, some equipment in the General, Storm Water and Sewer funds was not purchased; and WHEREAS, some activities and projects budgeted for in the Economic Development Authority Fund did not occur which eliminates the need to make the full budgeted transfers. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following transfers for the calendar year 2010 are hereby approved up to the amounts listed in the Actual column: From To Budget Actual Water Fund General Fund $61,655 $61,655 Sewer Fund General Fund 48,833 48,833 Street Light Fund General Fund 2,186 2,186 Special Projects Fund General Fund 90,000 - Levy Reduction General Fund 250,000 250,000 Vehicle & Equipment General Fund 65,600 13,319 DARE Fund General Fund 4,393 4,393 General Fund Community Center 175,000 170,000 General Fund Vehicle & Equipment 50,000 50,000 Water Fund Vehicle & Equipment 20,000 20,000 Sewer Fund Vehicle & Equipment 36,000 36,000 Storm Water Fund Vehicle & Equipment 16,000 16,000 Vehicle & Equipment Sewer Fund 330,000 - Vehicle & Equipment Storm Water Fund 40,000 - Water Fund Street Improvement Fund 100,000 100,000 Sewer Fund Street Improvement Fund 160,000 160,000 Storm Water Fund Street Improvement Fund 40,000 40,000 TIF District #1 EDA 109,398 25,000 TIF District #2 EDA 109,397 25,000 TIF District #3 EDA 109,397 25,000 TIF District #5 EDA 56,997 53,670 Page 2, Resolution 7738 Passed and adopted this 14th day of February, 2011. _____________________________ Joe Flaherty, Mayor ATTEST: _____________________________ Jim Ericson, City Administrator (seal) Item No. 7.C Meeting Date: February 14, 2011 Type of Business: Council Business Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7738 Approving Transfers Between Funds for the Year 2010 The City Council included a variety of transfers between funds as part of the 2010 budget. They are listed in the attached resolution in the Budget column. Resolution 7738 formally authorizes the listed transfers between funds in the Actual column for the year 2010. Some of the transfers can be adjusted. Staff recommends that the transfer to the Community Center Fund from the General Fund be reduced by $5,000 to reflect the performance of the Banquet Center. The transfer from the Special Projects Fund ($90,000) to the General Fund can be cancelled to preserve capital 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. Transfers to the Storm Water and Sewer funds for equipment purchases can be cancelled because the purchases were deferred. 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 reduced to correspond to 5% of the increment available to be paid. Staff is recommending approval of resolution 7738 approving transfers between funds. Respectfully Submitted, ____________________ Mark Beer RESOLUTION NO. 7738 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota APPROVING TRANSFERS BETWEEN FUNDS FOR THE YEAR 2010 WHEREAS, the City has adopted budgets for various funds for 2010 that included inter-fund transfers for various purposes; and WHEREAS, it is possible to reduce the transfer to the Community Center Special Revenue Fund due to positive 2010 financial results; and WHEREAS, some equipment in the General, Storm Water and Sewer funds was not purchased; and WHEREAS, some activities and projects budgeted for in the Economic Development Authority Fund did not occur which eliminates the need to make the full budgeted transfers. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following transfers for the calendar year 2010 are hereby approved up to the amounts listed in the Actual column: From To Budget Actual Water Fund General Fund $61,655 $61,655 Sewer Fund General Fund 48,833 48,833 Street Light Fund General Fund 2,186 2,186 Special Projects Fund General Fund 90,000 - Levy Reduction General Fund 250,000 250,000 Vehicle & Equipment General Fund 65,600 13,319 DARE Fund General Fund 4,393 4,393 General Fund Community Center 175,000 170,000 General Fund Vehicle & Equipment 50,000 50,000 Water Fund Vehicle & Equipment 20,000 20,000 Sewer Fund Vehicle & Equipment 36,000 36,000 Storm Water Fund Vehicle & Equipment 16,000 16,000 Vehicle & Equipment Sewer Fund 330,000 - Vehicle & Equipment Storm Water Fund 40,000 - Water Fund Street Improvement Fund 100,000 100,000 Sewer Fund Street Improvement Fund 160,000 160,000 Storm Water Fund Street Improvement Fund 40,000 40,000 TIF District #1 EDA 109,398 25,000 TIF District #2 EDA 109,397 25,000 TIF District #3 EDA 109,397 25,000 TIF District #5 EDA 56,997 53,670 Page 2, Resolution 7738 Passed and adopted this 14th day of February, 2011. _____________________________ Joe Flaherty, Mayor ATTEST: _____________________________ Jim Ericson, City Administrator (seal) Item No: 7D Meeting Date: February 14, 2011 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 7742, Authorizing KLM Engineering, Inc. to Prepare Technical Specifications for the Elevated Water Tower Reconditioning Project Background: The City’s 500,000-gallon elevated, fluted-column water tower was constructed in 1992. At that time, Mounds View had two water towers and dismantled both after constructing the current one. The water tower paint coating was inspected and had spot repairs done in 2003. Properly installed paint coatings should provide 15 to 20 years of service life. The tower is now 19 years old and in need of a refurbishing. Discussion: In 2009, the City hired KLM Engineering, Inc. of Lake Elmo, Minnesota, to inspect the entire water tower and prepare an inspection report. The interior and exterior of the tank was examined and evaluated by KLM, including a “float-down” inspection performed inside the tank, on August 18, 2009. In addition to determining the interior and exterior coating replacement, the report identified some miscellaneous structural modifications and repairs required to bring the tower into compliance with OSHA regulations, AWWA standards, and better/safer access in and on the tank. Based on the inspection data, the structural repairs and coating replacement were recommended to be completed within one to three years (2010-2012). The estimated project cost was $523,500 at that time. Additional costs may be incurred with antenna work. Public Works staff has discussed the scope of work with KLM for the design, bid, and construction phases for the water tower reconditioning. Typically, KLM would team with the City’s engineering consultant to perform this work, with KLM specifically performing the technical specifications during design, assistance during bid, and inspection during construction. City staff is proposing to provide the services typically done by the City’s consulting engineer. This includes preparing bidding documents, bid phase work (advertising, plan distribution, bid opening, award), and construction administration (meetings, pay applications, etc.). A scope of work for the design phase is attached to this report. Based upon the above arrangement, KLM has provided the City with a fixed fee estimate of $2,800 for design/bid phases and $45,255 for construction management/inspection (total $48,055). Additional costs may be incurred associated with the antenna leases. A neighboring city spent over $100,000 in consulting fees two years ago for the traditional consulting engineer- coatings engineer when they reconditioned their water tower. Authorization to prepare technical specifications is only being sought at this point ($2,800) and the KLM construction management/inspection fee would be considered by Council after contractor bids are received. Since the project costs will exceed $100,000, a public bid is required. The adopted 2011 Budget includes $800,000 under the Water Enterprise Fund (700-4823-7050) for water tower reconditioning. Since recoating the inside of the water tower requires draining all water from the tower, it is proposed to complete this work before or after the peak water consumption. The schedule will be known once bids are received and a successful contractor is identified. Res. 7742, Auth. KLM Engineering to Prepare Technical Specs for the Water Tower Reconditioning February 14, 2011 Page 2 Recommendation: Staff recommends that the City Council consider adopting Resolution 7742 authorizing prepare technical specifications for the reconditioning of the elevated water tower. Respectfully submitted, Nick DeBar Public Works Director Attachments: Scope of Work – Design Phase Resolution 7742 CityofMoundsView,MN4ScopeofWork:ProjectSpecificationsTheprojectspecificationswillinclude:SectionAAdvertisementsforBids(CityofMoundsView)Thissectionprovidesadetaileddescriptionoftheprojectandmeetstherequirementsforlegaladvertisements.SectionBInstructiontoBidders(CityofMoundsView)Thissectionprovidespreciseinstructionstobiddersincludingthescopeofwork,insurance,payments,timeofcompletion,bidderqualifications,taxesandpermits,legalrequirements,performanceandpaymentbondsandotherimportantprojectinformation.SectionCProposal(CityofMoundsView)Thissectioncontainsthebidproposals;constructiontimeframealternatebidproposals,legalrequirements,andthebidderandsubcontractorqualificationforms.SectionDProjectRequirements(CityofMoundsView)Thissectionincludesacompletedescriptionoftheproject,projectschedule(s),executionofcontractdocuments;noticetoproceed,projectmeetings,qualityassurance,liquidateddamages,andlegalandtechnicalrequirementsforexecutingthescopeofwork.SectionETechnicalSpecifications(KLMEngineering)Thissectiondetailsthetechnicalspecificationsforstructuralmodifications,surfacerepairs,interiorandexteriorsurfacepreparation,exteriorabrasiveblastcontainment,disposalofspentabrasives,dehumidification,letteringandlogo,submittals,workmanship,unfavorableweatherconditions,surfacecoatingandmaterial,repairwork,healthandsanitaryfacilities,cleanup,ventilationandsafetyrequirements,superintendent,inspectionofwork,sterilizationoftankinteriors,andcontainmentplan.SectionFSupplementalConditions(CityofMoundsView)ThissectionsupplementsoramendstheGeneralConditionsand/orotherprovisionsoftheContractDocuments.SectionGGeneralConditions(CityofMoundsView)ThissectionincludesalltheGeneralConditionsdesignedforwatertankreconditioning,suchasauthorityoftheEngineer,engineeringinspection,modifications,additionsandsubtractionsofscopeofwork,extensionsoftime,insuranceandotherappropriateitems.SectionHContractDocuments(CityofMoundsView)ThissectionprovidestheformofagreementtobeusedbetweentheOwnerandContractor. CityofMoundsView,MN5SectionIPaymentandPerformanceBond(CityofMoundsView)AsofJuly31,1994,MinnesotaStateLawrequiresseparatebondsforpaymentandperformance.SectionJInspectionReport(KLMEngineering)Thissectionincludesenclosureofpastinspectionreportswithcopiesofcolorphotographs.Thisprovidesthebidderswithaclearperspectiveoftheinteriorconditionsofthetank(s)andthescopeofworkinvolved.SectionKDrawings(KLMEngineering)Thissectionincludesdrawings,whichdefinestructuralrepairsormodificationsandweldingdefinitions.SectionLSurfacePreparationRequirements(KLMEngineering)ThissectionreferencesexcerptsfromNACEStandardRPO178-91RecommendedPracticeFabricationDetails,SurfaceFinishRequirements,andProperDesignConsiderationsforTanksandVesselstobeLinedforImmersionServicefordefiningweldingandgrindingrequirementsofthestructuralrepairormodifications.SectionMExistingPaintTestResults(KLMEngineering)ThissectioncontainspaintchiptestresultsforleadandchromiumusedtocalculatetheriskfactorandclassificationofcontainmentrequiredforconformancewithFederalandStateEnvironmentalRegulations.SectionNLetteringandLogo(optional)(CityofMoundsView)Ifrequired,thissectionincludesdrawingsofanyrequiredletteringandlogo.Section0AdditionalOwnerSpecificationRequirements(CityofMoundsView)ThissectionisavailableforadditionalOwnerSpecificationrequirements. CityofMoundsView,MNDesignKLMwillalsoperformataminimum,thefollowingrelatedspecificationservices:1.Meetwiththecitytoreviewplansandspecifications.2.CombinecityspecificationwithKLMtechnicalspecification.3.Produceone(1)preliminaryspecificationinconjunctionwiththecity.4.Respondinwritingtobidderquestions,whichrequireformalclarifications.5.AssistthecityinissuingaddendatothespecificationsasrequiredtotheOwnerandplanholders.6.Evaluatethecontractorsbidproposalsforconformancetospecifications.7.RecommendinwritingtotheOwnerthelow,qualifiedbidder(s).SpecificationandRelatedServicesKLMproposestoprovidetheprojectspecificationsandtoperformrelatedserviceslistedabove,inconformancewiththeenclosedTermsandConditionsforaFixedFeeof$2,800.00.Thisfeeincludesone(1)copyofthepreliminaryspecificationsfortheOwner;alllistedrelatedservices,andtheattendanceofaqualifiedprojectmanageratthepre-bidmeetingintheCityofMoundsView,MN.Thisphaseoftheprojectwillbebilleduponsubmittalofthepreliminaryspecifications.Additionalmeetingsattherequestoftheownerorantennaleasearenotpartofthisagreement.KLMreservestherighttosubmitforadditionalfeesforanyantennaadministrationoutsidethescopeofwork.Thesefeesarebackchargeabletotheantennalessee.KLMcanattendthebidopeningand/oraddressthecitycouncilifrequested.Thiswouldbechargedbacktotheowneronatimeandmaterialbasisperourfeeschedule.Additionalchangeordersgrantedtothecontractormayrequireadditionaladministrationandinspectioncosts. RESOLUTION 7742 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING KLM ENGINEERING, INC. TO PREPARE TECHNICAL SPECIFICATIONS FOR THE ELEVATED WATER TOWER RECONDITIONING PROJECT WHEREAS, the 500,000 gallon elevated water tower is nineteen years old and in need of interior/exterior coating replacement and structural modifications and repairs to comply with current OSHA requirements; and WHEREAS, KLM Engineering, Inc. of Lake Elmo, Minnesota inspected the water tower in August 2009 and prepared an inspection report that recommends coating replacement and structural modifications and repairs to be performed in one to three years (2010-2012); and WHEREAS, the City and KLM Engineering have prepared a scope of work and mutually agreed to work jointly in preparing plans and specifications; and WHEREAS, KLM Engineering has provided a fixed fee of $2,800 to prepare technical specifications and assist the City in the design phase for reconditioning the water tower; and WHEREAS, monies have been budgeted in 2011 under the Water Enterprise Fund for reconditioning the water tower. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The letter proposal submitted by KLM Engineering, Inc. to prepare technical specifications and assist with the design phase is hereby accepted by the City. Compensation will be on a lump sum basis of $2,800 for said services. 2. Upon satisfactory review of the City Attorney, the Mayor and City Administrator are hereby authorized and directed, for and on behalf of the City, to enter into agreement with KLM Engineering, Inc. for said services at said price. Adopted this 14th day of February, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 7E Meeting Date: February 14, 2011 Type of Business: Action City Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 7737, Reapproving the Final Plat for the “Select Senior Living” Development Introduction: Mr. Joel Larson, representing Select Senior Living, is requesting that the City Council reapprove their final plat for another 120 days. This reapproval of the final plat would expire on June 14, 2011. Background: On October 27, 2008, the City Council passed Resolution 7347, which approved the final plat and development agreement for the Select Senior Living development. This was the last of the Council actions required for the project to move forward. Per city code, an applicant has 120 days to record the plat with Ramsey County, and if the recording does not happen within this timeframe, the plat approval is void. The City Code also states that the City Council can re-approve the plat and give the applicant up to another 120 days. Due to the shakeup within the banking industry, Select Senior Living was not able to record the plat within the allowed 120 days and so their approval became void. Since the project’s final approvals in October 2008, the developer, Joel Larson, has been diligently working towards completing this development. Select Senior Living is committed to Mounds View, but project delays continue because of the difficulty of obtaining development loans in the current financial market. The City Council has re- approved the final plat for this project five times since the original final plat approval. On December 13, 2010, the City Council approved issuing temporary housing revenue bonds for this project. Mr. Larson anticipates completing the financing for this project in the next few months. Chapter 1202.07: Final Plat Approval Procedure Subd. 4. Recording of Final Plat: If the final plat is approved, the subdivider shall, within one hundred twenty (120) days, record it with the County Register of Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the Clerk-Administrator shall so notify the County Register of Deeds or Registrar of Titles. Select Senior Living Report February 14, 2011 Page 2 Subd. 5. Re-Approval: In the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the final plat upon the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed one hundred twenty (120) days. (1988 Code §42.05; 1993 Code). Discussion: Select Senior Living, represented by Joel Larson, has submitted a letter requesting that the City reapprove the final plat for another 120 days. They still plan to construct this project but unfortunately continue to run into problems beyond their control. Mr. Larson has indicated that they should soon have all of their financing completed and will move forward with the project as soon as possible. Recommendation: Staff recommends that the City Council pass Resolution 7737 that reapproves the Select Senior Living final plat. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Letter from Joel Larson, Select Senior Living 2. Location map 3. Layout Plan 4. Resolution 7737 Location of Select Senior Living of Mounds View Select Senior Living RESOLUTION NO. 7737 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RE-APPROVING THE “SELECT SENIOR LIVING” FINAL PLAT; MOUNDS VIEW PLANNING CASE NO. MA2008-002 WHEREAS, Joel Larson, representing Select Senior Living, has requested that the City reapprove the final plat for the “Select Senior Living” project on three properties legally-described as follows: Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County , Minnesota (PIN 063023310030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 063023310029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street of alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 063023310028) WHEREAS, the City has zoned the above-described lands R-4, High Density Residential; and, WHEREAS, Select Senior Living submitted to the City a Final Plat, date stamped October 23, 2008, for the major subdivision that combines three lots into one parcel; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of the assessed value of the project area and also is subject to a County Highway 10 Trail Contribution; and, WHEREAS, the grading and drainage plan has been reviewed and approved by the City Engineering consultant and the Rice Creek Watershed District has given conditional approval; and, Resolution 7737 Page 2 WHEREAS, the Mounds View City Council has reviewed the following documents about this proposal: 1. Preliminary Plat 2. Zoning Map 3. Site Plan, dated September 4, 2008 4. Grading, Utility & Landscape Plans, dated September 18, 2008 5. Planning Commission Resolutions 891-08, 892-08 and 893-08 6. Resolution 7321, Approved September 8, 2008 7. Ordinance 813, First Reading on September 8, 2008 8. Development Agreement 9. Final Plat, dated October 23, 2008 10. Resolution 7347, Approved October 27, 2008 WHEREAS, on August 25, 2008 and September 8, 2008, the Mounds View City Council held a duly noticed public hearing about this development and major subdivision and approved Resolution 7321 that approved the “Select Senior Living” preliminary plat; and, WHEREAS, the City attorney and City engineering consultant have reviewed the final plat and finds it to be in conformance with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution; and, WHEREAS, on October 27, 2008, the Mounds View City Council approved Resolution 7347 that approved the final plat and development agreement for the “Select Senior Living” subdivision; and, WHEREAS, the applicant was not able to record the plat within the required 120 days due to issues beyond their control, which caused the final plat and development agreement approval to become null and void; and, WHEREAS, on July 13, 2009, October 26, 2009, February 22, 2010, June 14, 2010 and October 11, 2010, the Mounds View City Council re-approved the final plat and development agreement for the project for an additional 120 days. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having already approved the Preliminary Plat and Final Plat, reapproves the Final Plat for the “Select Senior Living” subdivision, subject to the following stipulations: 1. Before the Final Plat execution, Select Senior Living shall pay to the City a park dedication fee of $32,150.00, and a County Highway 10 Trail Contribution fee of $8,040. Resolution 7737 Page 3 2. Select Senior Living shall enter into the Development Agreement with the City and shall record said document with Ramsey County. 3. Select Senior Living shall obtain final approval from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity begins. 4. No demolition, grading or construction activity may proceed without the contractor obtaining all necessary permits. 5. All utilities within the development area shall be located underground. 6. The developer or contractor shall obtain the necessary permits for any and all work occurring within the City and County right of ways. 7. Select Senior Living shall successfully complete all requirements after final review of the final plat by the City Attorney. 8. The approval contemplated herein is subject to the condition that Select Senior Living must pay for all costs concerning this subdivision incurred by the City Attorney, city consultants, and any other costs of a similar nature. NOW, THEREFORE, BE IT FINALLY RESOLVED that the re-approval of this final plat is subject to recordation with Ramsey County within one hundred twenty (120) days of City Council approval. Within 10 days of the recording, Select Senior Living shall furnish the City with proof of the recording; otherwise, the approval of the final plat shall be void. Adopted this 14th day of February, 2011. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 7F (1 & 2) Meeting Date: February 14, 2011 Type of Business: Council Business Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Chief of Police Item Title/Subject: Approval to Promote Sgt. Steve Menard to the Position of Deputy Police Chief and Officer Tim Wolf to the Position of Sergeant Discussion: At the October 4, 2010 work session, the Mounds View City Council granted authorization to replace the vacant Deputy Police Chief position and the vacant sergeant position through the Mounds View Police Civil Service Commission promotion process. This process was invoked, and the Mounds View Police Civil Service Commission developed the testing procedures for the position. Per this process, the position of Deputy Chief was posted for internal candidates. Two candidates applied for this position. Three steps were followed for the process of assessing the candidates. The steps were: 1. A review of the candidate’s resume and letter of interest. Conducted and scored by the Chief of Police and Assistant City Administrator. 2. Promotability index. A score based on an index of: past performance, commitment to departmental management philosophy, integrity, dedication and conscientiousness, computer skills, concern for fellow employees, communication skills, and effectiveness in dealing with the public. The Police Chief completed this section. 3. Written and Oral Interview. Conducted by a panel of assessors/ interviewers. The panel consisted of the Mounds View Chief of Police, the Roseville Chief of Police and the St Anthony Chief of Police. The panel members scored the interview and the written portion of the exam. Based upon the scores of the applicants, the Commission certified the two candidates for the position on January 26, 2011. The names are ranked as follows: 1. Steve Menard 2. Kasey Keckeisen The top candidate for the position is Steve Menard. Chief Kinney has met with Mr. Menard and recommends he be hired to the position. Pending approval for Sgt. Steve Menard being promoted to the Deputy Chief position, a sergeant position would subsequently become vacant. There is currently an active eligibility list for sergeant certified on December 2, 2010 by the Police Civil Service Commission. As a review, this position was posted for internal candidates which resulted in five total candidates. MVPD Promotions Report February 14, 2011 Page 2 Ben Zender was ranked as the number one candidate and was promoted to sergeant on December 14, 2010. The next name available for the position of sergeant is Officer Tim Wolf. The candidates completed the following steps during the testing process for sergeant: 1. A review of the candidates resume and letter of interest. Conducted and scored by the Chief of Police and Assistant City Administrator. 2. Promotability Index. A score based on an index of: past performance, commitment to departmental management philosophy, integrity, dedication and conscientiousness, computer skills, concern for fellow employees, communication skills and effectiveness in dealing with the public. The Police Chief completed this section. 3. Written and Oral Interview. Conducted by a panel of assessors/interviewers. The panel consisted of a Captain with the White Bear Lake Police Department, a Commander with the Ramsey County Sheriff’s Department and a Detective Sergeant with the Roseville Police Department. The panel members scored the interview and written portion of the exam. The remaining candidates on the certified eligibility list for sergeant are: 1. Tim Wolf 2. Pete Berling 3. Keith Demarest 4. Darrell Meyer The top candidate on the list is Tim Wolf. Chief Kinney has met with Officer Wolf and recommends he be promoted to the position of Sergeant. Recommendation: Staff seeks council approval to proceed with appointing Steve Menard to the position of Deputy Police Chief, effective March 1, 2011. Consistent with past practice Mr. Menard will start at step 5 wages, (to allow for a pay increase from his current position as Sergeant), which is $39.38/hr. Staff also seeks council approval to appoint Tim Wolf to the position of police sergeant effective March 1, 2011. Tim Wolf would start at the step 3 rate of pay ($34.04/hr) per the sergeants LELS labor union contract. Progression to step 4 ($35.95/hr) would occur after 12 months in the position and again to step 5 ($37.83/hr) after 24 months. Respectfully Submitted, __________________ Thomas Kinney Chief of Police RESOLUTION NO. 7735 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE APPOINTMENT OF STEVE MENARD TO THE POSITION OF DEPUTY POLICE CHIEF WHEREAS, Two applicants submitted information to the Police Civil Service Commission for the vacant position of Deputy Police Chief and both completed an examination process approved by the Civil Service Commission; and WHEREAS, The Police Civil Service Commission certified the list of eligible candidates, with the top ranked candidate as Steve Menard; and WHEREAS, The Chief of Police has met with Mr. Menard and recommends he be appointed to the position of Deputy Police Chief; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that Steve Menard be appointed to the position of Deputy Police Chief, effective March 1, 2011, at the step 5 rate of pay ($39.38/hr), the next highest rate of pay for the Deputy Chief position. Adopted this 14th day of February 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) RESOLUTION NO. 7736 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE APPOINTMENT OF TIM WOLF TO THE POSITION OF POLICE SERGEANT WHEREAS , Five applicants had previously submitted information to the Police Civil Service Commission for the vacant position of Police Sergeant and all completed the examination process approved by the Police Civil Service Commission; and WHEREAS, The Civil Service Commission certified a list of eligible candidates ranking Ben Zender as the top candidate and Tim Wolf as the next ranked candidate; and WHEREAS, Ben Zender was promoted to sergeant effective December 14, 2010, making Tim Wolf the next available candidate for the position of sergeant; and WHEREAS, The Chief of Police has met with Mr. Wolf and recommends he be hired to the position of Sergeant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: Tim Wolf be appointed to the position of Police Sergeant, effective March 1, 2011 at the step 3 rate of pay ($34.04), according to the sergeant labor union contract with a progression to step 4 ($35.95/hr) after 12 months and to step 5 ($37.83/hr) after 24 months. Adopted this 14th day of February 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 7F (1 & 2) Meeting Date: February 14, 2011 Type of Business: Council Business Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Chief of Police Item Title/Subject: Approval to Promote Sgt. Steve Menard to the Position of Deputy Police Chief and Officer Tim Wolf to the Position of Sergeant Discussion: At the October 4, 2010 work session, the Mounds View City Council granted authorization to replace the vacant Deputy Police Chief position and the vacant sergeant position through the Mounds View Police Civil Service Commission promotion process. This process was invoked, and the Mounds View Police Civil Service Commission developed the testing procedures for the position. Per this process, the position of Deputy Chief was posted for internal candidates. Two candidates applied for this position. Three steps were followed for the process of assessing the candidates. The steps were: 1. A review of the candidate’s resume and letter of interest. Conducted and scored by the Chief of Police and Assistant City Administrator. 2. Promotability index. A score based on an index of: past performance, commitment to departmental management philosophy, integrity, dedication and conscientiousness, computer skills, concern for fellow employees, communication skills, and effectiveness in dealing with the public. The Police Chief completed this section. 3. Written and Oral Interview. Conducted by a panel of assessors/ interviewers. The panel consisted of the Mounds View Chief of Police, the Roseville Chief of Police and the St Anthony Chief of Police. The panel members scored the interview and the written portion of the exam. Based upon the scores of the applicants, the Commission certified the two candidates for the position on January 26, 2011. The names are ranked as follows: 1. Steve Menard 2. Kasey Keckeisen The top candidate for the position is Steve Menard. Chief Kinney has met with Mr. Menard and recommends he be hired to the position. Pending approval for Sgt. Steve Menard being promoted to the Deputy Chief position, a sergeant position would subsequently become vacant. There is currently an active eligibility list for sergeant certified on December 2, 2010 by the Police Civil Service Commission. As a review, this position was posted for internal candidates which resulted in five total candidates. MVPD Promotions Report February 14, 2011 Page 2 Ben Zender was ranked as the number one candidate and was promoted to sergeant on December 14, 2010. The next name available for the position of sergeant is Officer Tim Wolf. The candidates completed the following steps during the testing process for sergeant: 1. A review of the candidates resume and letter of interest. Conducted and scored by the Chief of Police and Assistant City Administrator. 2. Promotability Index. A score based on an index of: past performance, commitment to departmental management philosophy, integrity, dedication and conscientiousness, computer skills, concern for fellow employees, communication skills and effectiveness in dealing with the public. The Police Chief completed this section. 3. Written and Oral Interview. Conducted by a panel of assessors/interviewers. The panel consisted of a Captain with the White Bear Lake Police Department, a Commander with the Ramsey County Sheriff’s Department and a Detective Sergeant with the Roseville Police Department. The panel members scored the interview and written portion of the exam. The remaining candidates on the certified eligibility list for sergeant are: 1. Tim Wolf 2. Pete Berling 3. Keith Demarest 4. Darrell Meyer The top candidate on the list is Tim Wolf. Chief Kinney has met with Officer Wolf and recommends he be promoted to the position of Sergeant. Recommendation: Staff seeks council approval to proceed with appointing Steve Menard to the position of Deputy Police Chief, effective March 1, 2011. Consistent with past practice Mr. Menard will start at step 5 wages, (to allow for a pay increase from his current position as Sergeant), which is $39.38/hr. Staff also seeks council approval to appoint Tim Wolf to the position of police sergeant effective March 1, 2011. Tim Wolf would start at the step 3 rate of pay ($34.04/hr) per the sergeants LELS labor union contract. Progression to step 4 ($35.95/hr) would occur after 12 months in the position and again to step 5 ($37.83/hr) after 24 months. Respectfully Submitted, __________________ Thomas Kinney Chief of Police RESOLUTION NO. 7735 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE APPOINTMENT OF STEVE MENARD TO THE POSITION OF DEPUTY POLICE CHIEF WHEREAS, Two applicants submitted information to the Police Civil Service Commission for the vacant position of Deputy Police Chief and both completed an examination process approved by the Civil Service Commission; and WHEREAS, The Police Civil Service Commission certified the list of eligible candidates, with the top ranked candidate as Steve Menard; and WHEREAS, The Chief of Police has met with Mr. Menard and recommends he be appointed to the position of Deputy Police Chief; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that Steve Menard be appointed to the position of Deputy Police Chief, effective March 1, 2011, at the step 5 rate of pay ($39.38/hr), the next highest rate of pay for the Deputy Chief position. Adopted this 14th day of February 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) RESOLUTION NO. 7736 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE APPOINTMENT OF TIM WOLF TO THE POSITION OF POLICE SERGEANT WHEREAS , Five applicants had previously submitted information to the Police Civil Service Commission for the vacant position of Police Sergeant and all completed the examination process approved by the Police Civil Service Commission; and WHEREAS, The Civil Service Commission certified a list of eligible candidates ranking Ben Zender as the top candidate and Tim Wolf as the next ranked candidate; and WHEREAS, Ben Zender was promoted to sergeant effective December 14, 2010, making Tim Wolf the next available candidate for the position of sergeant; and WHEREAS, The Chief of Police has met with Mr. Wolf and recommends he be hired to the position of Sergeant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: Tim Wolf be appointed to the position of Police Sergeant, effective March 1, 2011 at the step 3 rate of pay ($34.04), according to the sergeant labor union contract with a progression to step 4 ($35.95/hr) after 12 months and to step 5 ($37.83/hr) after 24 months. Adopted this 14th day of February 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 7G Meeting Date: February 14, 2011 Type of Business: Council Business Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Chief of Police Item Title/Subject: Resolution 7743, Authorization to Purchase One 2011 Ford Crown Victoria Squad and One Four Wheel Drive 2011 Chev Tahoe Introduction: At the February 7, 2011 work session, the majority of the city council expressed support for moving forward with the purchase of a 2011 Ford Crown Victoria squad and a 2011 Chevrolet Tahoe 4x4. Each vehicle will be designed with a new black and white color scheme. To recap the information presented at the work session, the following information was discussed. The police department has planned to replace two marked squad cars this year. These particular vehicles are a 2005 and 2006 model Ford Crown Victoria. The department only purchased one squad in 2009 and deferred the purchase of one squad in 2010. The amount of $23,000 was budgeted for each squad replacement, as well as $6000 for the set up. As a result, $58,000 in savings has occurred during the past two years. However, with the delay in squad replacement, the department is risking reduced reliability with increased maintenance and repair costs as the wear and tear of 24 hour operation of these vehicles is showing. The 2011 budget has designated one squad replacement at a total cost of $29,000 while the second squad purchase would come from the police forfeiture fund. Elk River Ford was awarded the state bid for the 2011 Ford Crown Victoria Police Interceptor. The Crown Victoria is being sold at a base price of $21,518 excluding registration, tax, and license. The order deadline for this vehicle is March 1, 2011. Discussion: The issue of the black and white color scheme was discussed by the Council at the February work session. One of the reasons why many municipal agencies have re- designed their squad cars to a black and white color scheme is to increase visibility, as well as to improve recognition by all community members, particularly those of a diverse culture. (Mounds View has seen a steady increase in its demographic diversity.) While a black and white squad is even more visible against the white snow backdrop, the design can also aid in the perception of a more noticeable police presence and promote a positive image. A black and white squad car leaves little doubt as to what it represents to the observer. In order to achieve this two tone option, a solid black car would be ordered and the front and rear doors would have a white vinyl film applied. This would add about $600 for each car to the cost. The set up for the police equipment and graphics has been budgeted separately. This procedure makes it convenient for future re-sale so the vehicle does not have to be sold as a two tone color design. Squad Car Purchase Report February 14, 2011 Page 2 The current fleet of police vehicles consists of seven marked and fully equipped squads used primarily for call response, traffic enforcement and prisoner transport. There are also three unmarked/administrative cars and one marked public service officer vehicle for a total fleet of eleven vehicles. The police department does not have a four wheel drive vehicle within the existing fleet. Past winters and particularly this current winter season has presented challenges in the ability to effectively patrol and respond to emergency matters due to the difficult snow and ice conditions. The addition of a 4 wheel drive vehicle would provide more reliable mobility during these challenging winter conditions. The department did have a 4 wheel drive Blazer issued to the Police Chief during the 1990’s that was successfully used during snow storms to assist in the mobility of the street patrol officers. It is of the utmost importance for the police to be able to respond to any emergency, as the officers are the first responders to any medical, fire or law enforcement emergency. Situations have already occurred this season where a timely response was somewhat of a challenge due to the winter conditions. A vehicle properly equipped with emergency equipment would enable a safe and quick response under nearly any weather situation. For the best all around use, a four-wheel-drive sport utility vehicle (SUV) capable of transporting prisoners, animals and any needed equipment would best serve the needs of the community. Some of the more commonly purchased SUV’s used by law enforcement are outlined in the table below: Vehicle & Price Setup Cost & Graphics (estimated) Total Cost 2011 Ford Explorer - $23,829 $3988 $27,817 2011 Ford Expedition - $26,713 $3792 $30,505 2011 Chev Tahoe - $29,186 $3792 $32,978 To highlight some of the specifics in these three listed SUV’s, the Ford Explorer, while the least expensive, is also less conducive to conversion for police patrol use. This vehicle comes with a center floor shifter making any equipment setup problematic. This vehicle is also smaller with less overall passenger room. Comparing the Chevy Tahoe with the Ford Expedition, the Expedition has slightly less interior driver and passenger room, although actually being slightly larger in the overall exterior size. The Tahoe is rated at a city driving fuel rating of 15/mpg, with the Expedition rated slightly lower at 14/mpg. Although the Tahoe is approximately $2500 more, it has been selected by more law enforcement agencies due to a higher comfort level and better long term operational cost. The Tahoe is also offered with a 5 year/100,000 mile warranty at no additional cost compared to the Ford 3 year/36,000 warranty. Considering these various factors, the Tahoe seems to have advantages over the Expedition. In order to compare with other metro area suburbs, the following table indicates which jurisdictions currently have black and white designs and/or a four wheel drive vehicle as part of their fleet: Squad Car Purchase Report February 14, 2011 Page 3 City Black & White 4 x 4 Columbia Heights Yes No Brooklyn Center Yes Yes- Two vehicles Brooklyn Park No Yes- Two vehicles Spring Lake Park No No Coon Rapids No Yes- Two vehicles New Brighton Yes Yes- Two Vehicles Roseville Yes Yes- One Vehicle Anoka Yes Yes- One Vehicle St Anthony Yes Yes- Two Vehicles White Bear Lake Yes Yes- Four Vehicles Robbinsdale Yes Yes- One Vehicle Maplewood Yes Yes- Four Vehicles All purchasing will come from the existing department budget, with one vehicle being funded from the police forfeiture fund. Any expenditure exceeding the total amount of $29,000 budgeted for one vehicle and setup would come from the police forfeiture fund. Recommendation: Staff is recommending the approval to purchase two vehicles and designing each with a new black and white color design. One vehicle will be a 2011 Ford Crown Victoria marked squad car to be purchased with police budgeted funds and the second vehicle, a four wheel drive SUV 2011 Chev Tahoe, to be funded through police forfeiture funds. Respectfully Submitted, __________________ Thomas Kinney Chief of Police RESOLUTION NO. 7743 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZATION TO PURCHASE ONE 2011 FORD CROWN VICTORIA SQUAD CAR AND ONE 2011 CHEVROLET TAHOE 4 x 4 WHEREAS, the Mounds View Police Department maintains a replacement schedule of police vehicles to ensure that the Police Department is properly equipped to provide emergency response to its citizens, and; WHEREAS, the Mounds View Police Department planned and budgeted for the replacement of two squad cars to meet this need in 2011, and; WHEREAS, the replacement cost of two squad cars was budgeted in 2011 at an estimated cost of $23,000.00 each, plus equipment and set-up at approximately $6000.00, with one vehicle and setup to be funded from the police forfeiture fund, and; WHEREAS, a redesign in vehicle color to a black and white two-tone design, at an increase of approximately $600 in graphics cost can aid in the visibility, recognition and positive perception of the department, and; WHEREAS, the police department has been challenged to provide effective and reliable patrol response during difficult winter snow and ice conditions this season, and; WHEREAS, the police department presently lacks a four wheel drive vehicle that would improve the department’s ability to provide reliable transportation for emergency response during the challenging snow and ice conditions, and; WHEREAS, Elk River Ford was awarded the state bid for the 2011 Ford Crown Victoria Police Interceptor Package at an approximate base cost of $21,518.64 and Polar Chevrolet was awarded the state bid for the 2011 Chevrolet Tahoe 4x4 at an approximate cost of $29,186.25, and; WHEREAS, a 2005 and a 2006 Ford Crown Victoria squad car will be placed up for auction at the MN Surplus Services in Arden Hills upon the purchase of two new police vehicles. Resolution 7743 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Mounds View, Ramsey County, Minnesota, approval of the following: 1. The purchase of one 2011 Ford Crown Victoria squad car under the state bid at a base cost of $21,518.64 plus equipment, setup and graphic application costs of approximately $3800.00. 2. The purchase of one 2011 Chevrolet Tahoe 4 x 4 at an approximate cost of $29,186, plus equipment, setup and graphic costs of approximately $3800.00. 3. Subsequent to above two purchases, submit to public auction through the MN State Surplus Services the excess 2005 and the 2006 Ford Crown Victoria squad cars. NOW, THEREFORE, BE IT FINALLY RESOLVED by the City Council for the City of Mounds View, Ramsey County, Minnesota, that the Forfeiture Fund budget account 225-4200-7040 is increased by $4,000 to account for the additional cost of the authorized 2011 Chevrolet Tahoe 4 x 4. Adopted this 14th day of February 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 7H Meeting Date: February 14, 2011 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 7744, Authorizing Barr Engineering Company to Prepare Part 1 of the Wellhead Protection Plan Background: In accordance with Minnesota Rules, Chapter 4720, all public water suppliers are mandated to implement wellhead protection measures through a Wellhead Protection Plan (WHPP). The Minnesota Department of Health (MDH) is in charge of enforcing the rules and has been phasing in the requirements to individual water suppliers over the past few years. Mounds View was notified in 2009 by the MDH that we are included in the next phase of municipalities required to perform this planning work based on our vulnerability to potential contamination. WHPP is broken into two general parts. Part 1 includes detailed analysis of each well and pumping aquifer characteristics, groundwater flow models, delineating WHP areas, vulnerability assessments, and identifying the types of potential contamination. Part 2 involves inventorying potential sources of contamination and developing management strategies for addressing the potential sources of contamination. This planning process takes some time to complete, and Mounds View has a deadline of April 15, 2013 for compliance. Public Works staff discussed this process with the City Council at their February 2010 work session. A Q&A handout about the general goals and requirements of wellhead protection is attached for reference. Discussion: Performing WHP planning is a specialized field that requires public water suppliers to hire outside consulting engineers and hydrogeologists. While there are many different factors affecting the cost to prepare the WHPP, the MDH estimates the costs could range from $5,000 to $6,000 for smaller communities (population less than 100 residents) and $20,000 to $60,000 for larger communities (population over 50,000). Unfortunately, this is an unfunded mandate unless the public water supplier is serving 3,300 people or less. The City solicited Statement of Qualifications from qualified firms to do the work and received a fee proposal from Barr Engineering Company of Minneapolis, Minnesota to prepare Part 1 of the WHPP for $12,360. Barr completed the Part 1 WHPP last year for the City of New Brighton and plans to use the same groundwater flow model for Mounds View. These flow models require trail and error calibrations; however, no calibration is needed for Mounds View. Barr’s familiarity with the aquifers, potential sources of contamination, and vulnerabilities in the area will also result in less overall costs to the City. Barr’s fee will be on an hourly basis plus reimbursable with a maximum fee not to exceed $14,800. Another requirement of the WHPP is for the City to select a Wellhead Protection Manager. This individual is the primary contact regarding all WHP activities and should be knowledgeable in WHP in order to assist the consultant engineers, MDH, and direct inquiries to appropriate staff. The Public Works Director, Nick DeBar, is proposed to be the Wellhead Protection Manager for the City of Mounds View. A handout describing the role and importance of the WHP Manager is attached for reference. Res. 7744, Authorizing Barr Engineering to Prepare Part 1 of the WHPP February 14, 2011 Page 2 The adopted 2011 Budget includes $15,000 under the Water Enterprise Fund (700-4825-3030) for WHPP consulting fees. Barr estimates the time to complete all Part 1 work within 120 days after notice to proceed. Upon completion and approval from the MDH, Part 2 can begin. It is expected that very little to no work will begin on Part 2 until late 2011 or early 2012. Recommendation: Staff recommends that the City Council consider adopting Resolution 7744 authorizing Barr Engineering to prepare Part 1 of the Wellhead Protection Plan for the City of Mounds View. Staff further recommends that the budget for Part 1 consulting services be set at $15,000 to allow Barr to perform additional requests from the MDH. Respectfully submitted, Nick DeBar Public Works Director Attachments: Q&A Fact Sheet about WHP Planning Fact Sheet about the WHP Manager Scope of Work for Part 1 WHPP Resolution 7744 Q & A -GENERAL GOALS AND REQUIREMENTS OF WELLHEAD PROTECTION 1. What is wellhead protection? Wellhead protection is a method of preventing contamination of a public water supply well by effectively managing potential contaminant sources in the area which contributes water to a public water supply well. 2. What authority does the Minnesota Department of Health have to implement wellhead protection? The department is granted authority under Minnesota Statutes, Section 103I, subdivision 5, and Minnesota Rules, parts 4720.5100 to 4720.5590. The statutory authority was granted in 1989 with the passing of the Minnesota Groundwater Protection Act, which was a response to the 1986 amendment to the federal Safe Drinking Water Act. The rules governing wellhead protection were adopted in November 1997. 3. What is the benefit of wellhead protection? A very clear benefit of wellhead protection is the emphasis on the prevention of drinking water contamination versus the remediation of a contaminated drinking water supply. The cost of prevention is less than the cost of remediation. 4. Does this rule affect private wells? No. It only affects public water supply wells. 5. What is the definition of a public water supply well? A public water supply well provides drinking water for human use to 15 or more service connections or to 25 or more people for at least 60 days a year. A public water supply well is further defined as either a community or noncommunity water supply well. A. A community water supply well serves 15 or more service connections used by year-round residents or at least 25 year-round residents. Examples include municipalities, subdivisions, and nursing homes. B. Noncommunity water supply wells are divided into two groups:  A nontransient noncommunity supply well serves at least 25 of the same people over six months of the year. Examples include schools, factories, and hospitals.  A transient noncommunity well serves all other public water systems. Examples include restaurants, gas stations, churches, parks, and campgrounds. 6. Is this voluntary? No. All public water suppliers will be required to implement wellhead protection measures as specified in Minnesota Rules, Chapter 4720. August 2009 August 2009 7. What is required of public water suppliers as the regulated group? All public water suppliers are required to manage an inner wellhead management zone, a 200-foot radius surrounding a public water supply, by: A. Maintaining the isolation distances defined in the state Well Code (Minnesota Rules, Chapter 4725) for newly installed potential sources of contamination. B. Monitoring existing potential sources of contamination that do not comply with the isolation distances defined in the state Well Code. C. Implementing wellhead protection measures for potential contaminant sources in the inner wellhead management zone. In addition to the inner wellhead management zone requirements, owners and operators of community and nontransient noncommunity wells must prepare a wellhead protection plan which includes: A. A map showing the boundaries of the delineated wellhead protection area using the five criteria specified in the rule. B. A vulnerability assessment of the well and the wellhead protection area. C. An inventory of potential sources of contamination within the wellhead protection area based on the vulnerability assessment. D. A plan to manage and monitor existing and proposed potential sources of contamination. E. A contingency strategy for an alternate water supply should the water supply be disrupted by contamination or mechanical failure. 8. Does a public water supplier have to own all the property within the inner wellhead management zone (200-foot radius of a public water supply well )? No. There is no requirement that a public water supplier own the property within the 200-foot radius which forms the inner wellhead management zone. 9. What impact does wellhead protection have on submitting plans for constructing a new community water supply well? The current procedures for submitting pre-construction plans to the Minnesota Department of Health, Administrative Unit, and the driller’s notification of intent to drill to the Well Management Section remain the same. The only change is a preliminary delineation of the wellhead protection area and assessment of the land use, based on existing data, must be completed and submitted with the pre- construction plans. This is required to assist with the siting of a new municipal well. This requirement does not apply to nonmunicipal community water suppliers nor to noncommunity water suppliers. The completion of a two-page form available from the Minnesota Department of Health will fulfill this requirement. A copy of this form can be obtained by calling 651-201-4700 or by visiting the website at: www.health.state.mn.us/divs/eh/water/swp/whp/fs/swpnwr.html. 10. Must contaminant source control measures be implemented before a wellhead protection plan is submitted to the department for approval? No. The plan must identify the measures that will be used and when they will be implemented over a ten-year period, following department approval of the plan. August 2009 11. How much time is allowed to prepare a wellhead protection plan? The minimum time is two years after entering the wellhead protection program. Additional six-month blocks of time are automatically awarded on a cumulative basis when (1) a system has multiple wells, (2) there is a lack of state and federal funding to support wellhead protection planning, (3) the public water supply system is privately owned, (4) the wellhead protection area is in more than two governmental jurisdictions, and (5) the pumping of a well in another system affects the boundaries of the wellhead protection area. 12. When is a public water supplier required to begin a wellhead protection plan? In most cases, a public water supplier must begin preparing a wellhead protection plan when notified by the Minnesota Department of Health. Municipalities which add a well to their system will be required to prepare a wellhead protection plan once the well is in service as a water supply. Existing wells serving community and nontransient noncommunity water supplies will be phased into the wellhead protection program as time and resources permit. Vulnerable wells have high priority. The Minnesota Department of Health has developed a phasing list that helps determine the order public water suppliers will be brought into the program. This phasing criteria include water chemistry data, well construction information, and geological data. For more information related to the phasing criteria, please call Jim Walsh at 651-201-4654. 13. What support will the Minnesota Department of Health provide public water suppliers preparing a wellhead protection plan? The Minnesota Department of Health is committed to providing technical support in the form of staff resources, training, guidance documents, and forms. Two staff members, a planner and hydrologist, will be assigned to each public water supplier at the time they enter the program. The level of support will vary depending on criteria such as the: staff and financial resources of the public water supply, governmental authority of the public water supplier, existing pumping test information, vulnerability of the geological setting, and level of support from local units of government and other organizations like the American Water Works Association and Minnesota Rural Water Association. Part I At the request of public water systems serving 3,300 people or less, the Minnesota Department of Health hydrologists will write that part of the wellhead protection plan related to delineating the drinking water supply management area and assessing well and aquifer vulnerability. The department also provides: data processing, wellhead protection plan templates, letter templates, request for proposal templates for systems acquiring the services of a consultant, and a listing of contacts. Part II At the request of public water systems serving 500 people or less, the Minnesota Department of Health planners will offer to prepare the portion of the wellhead protection plan that directly deals with managing the drinking water supply management area if a Wellhead Protection Team is assembled. For systems serving more than 500 people, the Minnesota Department of Health planner will meet with the systems to develop a budget regarding the financial resources required to meet state wellhead protection rule requirements. Data on potential contaminant sources, templates, and other technical assistance tools will also be provided. A public water system serving more than 500 people, that can demonstrate a need, will receive state assistance to the level agreed upon by the Minnesota Department of Health. There is no fee due to the state for assistance with wellhead protection planning, but public water suppliers are asked to provide assistance with planning tasks when possible; for example, verifying well locations and providing land-use histories. 1 C:\Mounds View Part 1 WHPP\Attachment 1 Mounds View Scope of Work.docx Attachment 1 Barr Engineering Project Understanding and Scope of Work for Preparing Mounds View Part 1 Wellhead Protection Plan Barr Engineering’s understanding of the project and the scope of professional consulting services we will provide to the City of Mounds View for preparing Part 1 of the City’s Wellhead Protection Plan (WHPP) are described in the following paragraphs. Project Understanding The delineation of Wellhead Protection Areas (WHPAs) must be done according to the requirements of Minnesota Rules (MR) 4720.5100 to 4720.5590 (the Wellhead Protection Rules). Part 1 of the WHPP includes delineations of the Wellhead Protection Area (WHPA) and the Drinking Water Supply Management Area (DWSMA), well and aquifer vulnerability assessments, and associated reporting requirements. Accordingly, the objective of the work is to complete the WHPA and DWSMA delineation and assessments of well and aquifer vulnerability in a manner that meets Part 1 reporting requirements per the Minnesota Wellhead Protection Rules. It is our understanding that the Minnesota Department of Health (MDH) held Scoping Meeting No. 1 for development of Part 1 of Mounds View’s WHPP on May 13, 2010. The MDH issued Scoping Decision Notice No. 1 to the City of Mounds View on June 1, 2010. The Scoping Decision Notice states that Mounds View has until April 15, 2013 to complete Parts 1 and 2 of the WHPP. The MDH technical reviewer for Part 1 of Mounds View’s WHPP will be Amal Djerrari. The City of Mounds View currently uses six water supply wells. Two of the wells, Well 1 (Unique No. 206721) and Well 4 (Unique No. 206719), are open to multiple aquifers from the Franconia Formation to the Mt. Simon Sandstone. Well 6 (Unique No. 206717) is open to multiple aquifers from the Jordan Sandstone to the Mt. Simon Sandstone. Well 2 (Unique No. 206716) is open to only the Mt. Simon Sandstone. Well 3 (Unique No. 206720) is open to only the Jordan Sandstone while Well 5 (Unique No. 206722) is open to the Prairie du Chien Group and Jordan Sandstone. Scope of Work and Assumptions The following scope of work is based on our review of Scoping Decision Notice No. 1, a brief telephone discussion John Greer of Barr had with Nick DeBar, Public Works Director, and our experience with developing Part 1 WHPPs.  The City of Mounds View is required to send a Notification of Intent to prepare a WHPP to surrounding local governmental units (LGUs). It is our understanding that the City does not require Barr’s assistance with preparation of the Notification of Intent letter. 2 C:\Mounds View Part 1 WHPP\Attachment 1 Mounds View Scope of Work.docx  The Wellhead Protection Rules require that data from aquifer tests be used to determine aquifer hydraulic conductivity/transmissivity for use in developing Part 1 of the WHPP. It is our understanding that the MDH will not require performance of a pumping test in the Mounds View wells. Rather existing data from tests conducted during installation of one or more of the City’s wells or the results of a test in a nearby well can be used to meet this requirement. If MDH later determines that it is necessary to conduct a pumping test in one of the Mounds View wells we will provide a cost estimate for the work at that time.  Per the MDH requirement stated in the Scoping Decsion, the WHPA delineation for Well 5 will include both porous media groundwater flow and fractured media groundwater flow evaluations. Per the Scoping Decision, the need for both porous media and fractured media flow evaluations for Wells 3 and 6 may be re-assessed at the Pre-Delineation Meeting. One or more of the techniques described in the MDH document “Guidance for Delineating Wellhead Protection Areas in Fractured and Solution-Weathered Bedrock in Minnesota” will be used to perform the fractured media flow evaluation for Well 5. If MDH determines at the Pre-Delineation Meeting that fracture flow evaluations must be performed for Wells 3 and 6, we will provide the City with any additional costs for the evaluations prior to starting the work.  In A pril 2010, Barr completed the Part 1 WHPP for the City of New Brighton. The work included developing a groundwater flow model for the porous media flow evaluation for the New Brighton wells. This groundwater flow model was developed from the Metro Model 2 that Barr previously prepared for Metropolitan Council Environmental Services. We will use the model developed for our work in New Brighton as the base groundwater flow model in this work. We have assumed that some minor revisions to the model will be necessary to account for geologic details in the vicinity of Mounds View, to update the steady state pumping rates for the Mounds View wells, and to refine the model grid in the vicinity of the Mounds View wells. We have assumed that the hydraulic conductivities in the model for the New Brighton WHPA delineation are appropriate for the current work and, therefore, adjusting the model hydraulic conductivities for the aquifers beneath Mounds View will not be necessary. In addition, we have assumed that no changes will be made to model pumping rates for high capacity wells other than the Mounds View municipal wells. The updated model will be used for the porous media groundwater flow evaluation. Based on our experience in constructing the New Brighton groundwater model, we have also assumed that the model we will use is sufficiently calibrated for the purposes of this project and that no further calibration will be necessary.  Based on our experience with preparing Part 1 WHPPs (most recently in New Brighton), we have assumed that model sensitivity (a.k.a., uncertainty) analysis will be required by MDH. This requirement will be verified at the Pre-Delineation Meeting.  The Wellhead Protection Rules require that a Pre-Delineation Meeting with MDH staff be conducted prior to delineating the WHPA. The purpose of the meeting is to discuss the model to be used to perform the porous media flow evaluation and the technique to be used for the fractured media flow evaluation. We have assumed that this meeting will be held at Barr’s office and will last no more than two hours. 3 C:\Mounds View Part 1 WHPP\Attachment 1 Mounds View Scope of Work.docx  The MDH provided well vulnerability assessments for the Mounds View water supply wells at the Scoping Meeting. We have assumed that these assessments will not change.  After completing the WHPA delineations, Barr will delineate the DWSMA that encompasses the WHPP. DWSMA delineation can be done using identifiable geographic boundaries such as roads, political boundaries, public land survey section boundaries, or property parcel boundaries. We have assumed that property parcels will be used to delineate the DWSMA. The City may request an alternate approach for the DWSMA delineation. We have also assumed that the City will provide or be able to obtain a GIS shapefile of property parcels that can be used to delineate the DWSMA.  An assessment of well and aquifer vulnerability will be conducted using available geologic information such as the county geologic and/or well logs stored in the Minnesota Geological Survey’s County Well Index (CWI). We have assumed that the existing MDH well vulnerability assessments for the Mounds View water supply wells will not require revisions. We have assumed that well logs for up to 40 wells obtained from the CWI may be used in assessing the vulnerability of the DWSMA. The vulnerability assessment will also include the preparation of up to two geologic cross sections.  The MDH also requires that Part 1 of a WHPP include a listing of property parcels within the DWSMA (even if parcel boundaries are not used to delineate the DWSMA). Barr will prepare a listing of property parcels within the DWSMA using parcel data obtained from the City.  The following criteria will be used in the WHPA delineation: o Time of travel: A 10-year groundwater time of travel will be used to delineate the WHPAs for the Mounds View wells. In addition, the one-year groundwater time-of-travel zone and the Inner Wellhead Management Zone around each Mounds View well will also be delineated, as required by the Wellhead Protection Rules. o Flow boundaries: Groundwater flow boundaries such as lakes, rivers, and high capacity wells will be included in the porous media groundwater flow model used for the WHPA delineations. These flow boundaries were included in the New Brighton model. We have assumed that no modifications will be necessary to far field boundary conditions in the groundwater flow model that will be used. o Aquifer transmissivity: As noted above, we have assumed that MDH will not require an aquifer test as part of this project. o Daily volume of water pumped: The daily volume of water pumped by Mounds View’s wells used in the groundwater flow model will be determined by comparisons of annual water-use totals from the previous five years with projections of annual water use over the next five years. We have assumed that this water use data will be supplied to Barr by the City in electronic format. 4 C:\Mounds View Part 1 WHPP\Attachment 1 Mounds View Scope of Work.docx o Method used to delineate WHPAs: As discussed above, both porous media flow and fractured media flow evaluations will be performed. The methods we have assumed for these evaluations are outlined above.  Schedule: We have assumed that the work will be completed within 120 days of notice to proceed.  Upon completion of the delineations and vulnerability assessments, we will prepare a report to satisfy the MDH reporting requirements for Part 1 of the WHPP. The report and associated modeling and GIS files will be delivered in electronic format on compact disks, per MDH requirements for similar projects on which we have worked. Production of paper copies of the report would be at an additional cost. The City can proceed with preparation of Part 2 of the WHPP after Part 1 is completed and approved by the MDH. Part 2 includes an inventory of potential contaminant sources within the DWSMA and development of management strategies for addressing the identified potential contaminant sources. The cost to develop Part 2 of the WHPP will depend on many factors including, but not limited to, size of the DWSMA, aquifer vulnerability, number and type of potential contaminant sources within the DWSMA, and project-specific requirements specified by the MDH at the Part 2 Scoping Meeting. If you choose, we can provide you with a typical range of costs for developing a Part 2 Plan that you could use for planning purposes. RESOLUTION 7744 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING BARR ENGINEERING COMPANY TO PREPARE PART 1 OF THE WELLHEAD PROTECTION PLAN WHEREAS, the City of Mounds View is mandated to implement wellhead protection measures through a Wellhead Protection Plan in accordance with Minnesota Rules, Chapter 4720; and WHEREAS, the Wellhead Protection Plan is implemented in two Parts and the City requires the assistance of professional consulting services to complete; and WHEREAS, the City received a proposal from Barr Engineering Company of Minneapolis, Minnesota for $12,360 to prepare Part 1 of the Wellhead Protection Plan; and WHEREAS, monies have been budgeted in 2011 under the Water Enterprise Fund for Wellhead Protection Planning; and WHEREAS, a Wellhead Protection Manager is required to be identified to oversee wellhead protection activities on behalf of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The letter proposal submitted by Barr Engineering Company to provide professional engineering services for Part 1 of the Wellhead Protection Plan is hereby accepted by the City. Compensation will be on an hourly basis plus reimbursable expenses for $12,360 with a maximum fee not to exceed $15,000. 2. Upon satisfactory review of the City Attorney, the Mayor and City Administrator are hereby authorized and directed, for and on behalf of the City, to enter into agreement with Barr Engineering Company for said services at said price. 3. Nick DeBar, Director of Public Works, is appointed the Wellhead Protection Manager for the City of Mounds View. Adopted this 14th day of February, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 08B Meeting Date: October 14, 2013 Type of Business: CA Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8162 Approving the Fridley Lions to Conduct Charitable Gambling at Moe’s Restaurant Introduction: The Fridley Lions would like to hold charitable gambling on a permanent basis at Moe’s. Discussion: All supporting documentation is on file with the City and their non-profit status is on file with the Minnesota State Gambling Control Board. The organization is in compliance with all requirements of the City Code. The Fridley Lions Club and Lake Region Hockey Association would be the only charitable organizations holding charitable gambling licenses at Moe’s Restaurant. Recommendation: Approve attached Resolution 8162 Respectfully submitted, _____________________________ Desaree Crane RESOLUTION NO. 8162 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION GRANTING A CHARITABLE GAMBLING PREMISES PERMIT FOR THE FRIDLEY LIONS TO CONDUCT CHARITABLE GAMBLING AT MOE’S RESTAURANT IN MOUNDS VIEW WHEREAS, the Fridley Lions has requested that the City Council allow them to conduct charitable gambling at Moe’s Restaurant; and WHEREAS, the Gambling Control Board requires that the local unit of government pass a resolution specifically approving or denying requests to conduct charitable gambling; and WHEREAS, the Fridley Lions are in compliance with all requirements of the Mounds View Municipal Code with regard to charitable gambling regulations. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hereby authorize the Fridley Lions to conduct charitable gambling at Moe’s Restaurant located at 2400 County Road 10 in Mounds View. Adopted this 14th day of October, 2013. ___________________________________ Joe Flaherty, Mayor ATTEST: ___________________________________ James Ericson, City Administrator (seal) Corrections made by Councilmember Gunn, Councilmember Mueller, City Administrator Ericson, Assistant City Administrator Crane, Community Development Director Roberts PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 January 10, 2011 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, January 10, 2011, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, January 10, 2011, agenda as 23 amended, switching Items 7C and 7D. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 33 None. 34 35 7. COUNCIL BUSINESS 36 A. 7:05 p.m. Public Hearing for the Introduction and First Reading of 37 Ordinance 856, Amending Chapter 1113 of the Zoning Code, Adding 38 Permitted and Conditional Uses to the B-2, Limited Business, Zoning 39 District. 40 41 Planning Associate Heller reviewed the Ordinance amendments with the Council noting the 42 changes would benefit Silver View Plaza. She explained this item was discussed by the City 43 Council in detail at the December work session. The Planning Commission agreed with the 44 revisions and requested that restaurant size be limited to 2,000 square feet. Staff recommended 45 Mounds View City Council January 10, 2011 Regular Meeting Page 2 approval of the Ordinance with the proposed changes. 1 2 Mayor Flaherty opened the public hearing at 7:07 p.m. 3 4 Hearing no public input, Mayor Flaherty closed the public hearing at 7:07 p.m. 5 6 Council Member Mueller questioned why a 15 student limit was set for a hobby shop crafting 7 class. Planning Associate Heller indicated this was due to parking limitations. 8 9 Mayor Flaherty indicated he was in favor of the revisions made to the Ordinance and wanted to 10 see Silver View Plaza begin to thrive. 11 12 Council Member Mueller indicated she received four phone calls from residents near Silver View 13 Plaza expressing great interest in new restaurants within the mall. 14 15 MOTION/SECOND: Mueller/Stigney. To Waive the First Reading and Introduce Ordinance 16 856, Amending Chapter 1113 of the Zoning Code, Adding Permitted and Conditional Uses to the 17 B-2, Limited Business, Zoning District. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 B. 7:10 p.m. Public Hearing, Resolution 7720, Adopting a Special Assessment 22 Levy for Delinquent Public Utility Accounts. 23 24 Finance Director Beer explained the City is proposing a special assessment levy for a delinquent 25 public utility account at the request of the homeowner. This action would protect the City in the 26 event of a foreclosure. The certification would occur on or about February 15, 2011 for 27 collection with the 2012 property taxes. Staff recommends approval of the special assessment 28 levy. 29 30 Mayor Flaherty opened the public hearing at 7:12 p.m. 31 32 Hearing no public input, Mayor Flaherty closed the public hearing at 7:12 p.m. 33 34 Council Member Mueller noted the special assessment has an interest rate of 5.5%. 35 36 Mayor Flaherty thanked staff for working this issue out with the resident to create an action plan 37 that could possibly assist the resident to keep her home. 38 39 Council Member Gunn agreed and also thanked staff. 40 41 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7720, 42 Adopting a Special Assessment Levy for Delinquent Public Utility Accounts. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council January 10, 2011 Regular Meeting Page 3 1 D. Resolution 7721, Approving a Consultant Services Agreement with Greater 2 Metropolitan Housing Corporation (GMHC) for Housing Resource Center 3 (HRC) and Loan Administration and Underwriting Services. 4 5 City Administrator Ericson stated the Resolution before the Council this evening would provide 6 the City with housing resource services along with administrative and underwriting services on 7 future home loans. The City has worked with GMHC since 2001. He reviewed the proposed 8 fees in detail and recommended Council approve the service agreement. 9 10 Council Member Stigney questioned why the agreement did not state the fees would be paid by 11 the borrower. City Administrator Ericson indicated not all fees would be covered by the 12 borrower as they may not be able to cover all of these expenses. 13 14 Suzanne Snyder, GMHC, explained which fees would be covered by the resident and which 15 would be the responsibility of the City. 16 17 Council Member Mueller indicated the six month synopsis provided by GMHC shows that over 18 300 families in Mounds View have been serviced by the Housing Resource Center. She felt the 19 expense to this organization was well worth its value in assistance provided to the community. 20 21 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7721, 22 Approving a Consultant Services Agreement with Greater Metropolitan Housing Corporation 23 (GMHC) for Housing Resource Center (HRC) and Loan Administration and Underwriting 24 Services. 25 26 Mayor Flaherty indicated residents were in need and this program would greatly benefit the 27 housing stock. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 C. Introduction and First Reading of Ordinance 853, Amending Title 1000 of 32 the City Code. 33 34 Community Development Director Roberts reviewed the proposed Ordinance amendments with 35 the Council. He explained the code dealt with building and development regulations within the 36 City. It was staff’s opinion that reviewing contractors licensing could be completed at a staff 37 level, with updates made to Council. Staff recommended introduction of the Ordinance with the 38 proposed changes. 39 40 Council Member Mueller questioned when plan check fees could be reimbursed. Community 41 Development Director Roberts explained a scenario when the reimbursement would be feasible. 42 43 Mayor Flaherty asked how much plan check fees were for the City of Mounds View. 44 Community Development Director Roberts indicated that plan check fees were regulated by the 45 Mounds View City Council January 10, 2011 Regular Meeting Page 4 State of Minnesota and varied based on the size and scope of projects. He indicated the 1 statement regarding plan check fees being reviewed by the City Building Official could be 2 eliminated from the Ordinance to remove the ambiguity. The Council was in favor of this 3 recommendation. 4 5 Mayor Flaherty asked if staff made applicants aware of additional fees for engineering or soil 6 boring services. Community Development Director Roberts stated the City does make applicants 7 aware if additional services are needed and provides estimates for these expenses. 8 9 MOTION/SECOND: Mueller/Stigney. To Waive the First Reading and Introduce Ordinance 10 853, Amending Title 1000 of the City Code, as amended. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 E. Resolution 7722, Approving the Purchase of a 2011 Vactor Sewer Cleaning 15 Truck from MacQueen Equipment, Inc. 16 17 Public Works Supervisor Peterson requested the Council consider purchasing a 2011 Vactor 18 sewer cleaning truck to assist the Public Works Department in maintaining the 41+ miles of 19 sanitary sewer and 44+ miles of storm sewer throughout the City. The lines are cleaned annually 20 which is accomplished by using water pressure to scrub the lines clean of grease, soap and sand 21 build up. The current truck was purchased in 1995 and was used in the spring, summer and fall 22 months. It was used daily to clean lines. He explained that while the miles on the truck are low, 23 the hours were high and the performance of the unit would continue to drop as the unit ages. 24 25 Public Works Supervisor Peterson indicated staff received several bids and the total estimated 26 cost for the Vactor was $296,541.79 plus tax and license fees. Staff understood this was a large 27 purchase for the City, but explained the unit would serve the City for 15+ years. Staff 28 recommends purchase of the 2011 Vactor from MacQueen Equipment along with the installation 29 of the auto lube for the chassis and pro-vision camera system for a cost of $305,374.79 plus tax 30 and fees. 31 32 Council Member Hull asked if the City could share a Vactor with a neighboring community. 33 Public Works Supervisor Peterson indicated the Vactor was a vital piece of equipment to the City 34 and could not be shared, especially if the City faced a time sensitive back-up. 35 36 Council Member Mueller questioned if this equipment would be depreciated over time. Finance 37 Director Beer estimated the current life expectancy was 15 years. 38 39 Council Member Stigney inquired how important was the auto lube for the chassis option. 40 Public Works Supervisor Peterson indicated all moving parts were greased through this option 41 and would keep the equipment well maintained. 42 43 Mayor Flaherty asked if the current Vactor unit had the auto lube option. Public Works 44 Supervisor Peterson explained that the unit did have this option. 45 Mounds View City Council January 10, 2011 Regular Meeting Page 5 1 Council Member Hull questioned if the Vactor unit had a warranty. Public Works Supervisor 2 Peterson indicated the varying pieces throughout the unit had varying warranties. 3 4 Mayor Flaherty indicated the original request for this equipment came before the Council in 5 2008. The Council didn’t have the funds at the time and has since been saving. He 6 recommended the unit be purchased at this time and not be further delayed. 7 8 Mayor Flaherty asked when the City would take position of the unit, if approved, and 9 recommended the Vactor be present at the Town Hall meeting for the public to view, if possible. 10 Public Works Supervisor Peterson stated the unit would be in the City’s possession in 90 days, 11 once approved by Council. 12 13 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7722, 14 Approving the Purchase of a 2011 Vactor Sewer Cleaning Truck from MacQueen Equipment, 15 Inc. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 F. Resolution 7723, Approving the Purchase of a 2011 Ford F-250 Pickup Truck 20 from Midway Ford. 21 22 Public Works Supervisor Peterson indicated the requested pickup truck would be used by the 23 Public Works Department to assist with maintenance and inspections required for infrastructure 24 operations through the City. The purchase of this truck has been deferred for five years. Staff 25 received a competitive quote from the State of Minnesota Cooperative Purchasing Venture for a 26 2011 F250 for a cost of $22,424.49. The vehicle would require warning lights and a winch to be 27 installed. Staff recommends the Council approve of the purchase of a 2011 F250 pickup truck as 28 provided within the State bid for an expense of $25,545.12 plus sales tax and fees. 29 30 Council Member Stigney questioned why staff was requesting a 4x4 and winch on this pickup 31 truck. Public Works Supervisor Peterson indicated the winch would assist staff with tree 32 removal near storm sewer ponds and provide greater safety. 33 34 Council Member Stigney asked if staff received bids for a 2010 pickup truck. Public Works 35 Supervisor Peterson understood that it would be difficult to find a 2010 pickup truck as they were 36 sold out. The State contract provided the City with a great price for the new truck. 37 38 Council Member Mueller indicated she was impressed by the price received from the State of 39 Minnesota for this truck. 40 41 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7723, 42 Approving the Purchase of a 2011 Ford F-250 Pickup Truck from the State of Minnesota 43 Cooperative Purchasing Venture from Midway Ford. 44 45 Mounds View City Council January 10, 2011 Regular Meeting Page 6 Ayes – 5 Nays – 0 Motion carried. 1 2 8. CONSENT AGENDA 3 4 A. Licenses for Approval. 5 B. Set a Public Hearing for Monday, January 24, 2011 at 7:05 p.m. for Second 6 Reading of Ordinance 853 (Amending Title 1000 of the City Code). 7 8 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as presented. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 9. JUST AND CORRECT CLAIMS 13 14 Finance Director Beer answered the Council's questions related to claims. 15 16 MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as presented. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 10. APPROVAL OF MINUTES 21 A. December 13, 2010, City Council Meeting Minutes. 22 23 Council Member Mueller requested a correction on Page 2, Line 22, should read “expressed his 24 disappointment”. 25 26 Council Member Hull requested a change on Page 13, Line 2, should read “Traffix”. 27 28 MOTION/SECOND: Mueller/Hull. To Approve the December 13, 2010, City Council meeting 29 minutes as corrected. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 B. December 20, 2010, Executive Session Minutes. 34 35 MOTION/SECOND: Mueller/Hull. To Approve the December 20, 2010, Executive Session 36 meeting minutes as presented. 37 38 Ayes – 5 Nays – 0 Motion carried. 39 40 C. January 3, 2011, Special City Council Meeting Minutes. 41 Mounds View City Council January 10, 2011 Regular Meeting Page 7 1 Finance Director Beer requested a correction on Page 4, Line 19, as it should read April 22nd. 2 3 MOTION/SECOND: Mueller/Hull. To Approve the January 3, 2011, Special City Council 4 meeting minutes as corrected. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 11. REPORTS 9 A. Reports of Mayor and Council. 10 11 Mayor Flaherty indicated the nation was truly grieving from the situation in Tucson, Arizona. He 12 indicated his thoughts and prayers went out to the families that lost loved ones this past weekend. 13 14 Mayor Flaherty explained on Thursday, January 27, 2011, the Ramsey County League of Local 15 Governments was having a Conversation with Ramsey County Legislatures. The meeting would 16 be held at 145 University Avenue West in St. Paul, MN at 6:30 p.m. All were encouraged to 17 attend. 18 19 Council Member Gunn stated she was invited to attend a meeting on Thursday with the School 20 District for the District and Community Enhancement Meeting. She would report back to the 21 Council at a future meeting. 22 23 Council Member Mueller noted Saturday, January 29, 2011, St. John the Baptist Church would 24 be hosting its Annual Wine to Wishes fundraiser. More information could be found online and 25 proceeds would benefit school programs. 26 27 Council Member Mueller indicated long time resident Dick Keller passed away over the 28 weekend. She requested the City keep this family in their thoughts and prayers. 29 30 Council Member Mueller stated the Festival in the Park Committee was looking for volunteers as 31 key positions on the Board were still open. She noted there were also short term volunteer 32 opportunities available and encouraged those interested to contact the City for further 33 information. 34 35 Council Member Mueller explained there would be an upcoming seminar with the League of 36 Minnesota Cities that she would be attending in early-February. 37 38 Council Member Hull indicated he was contacted by a resident this evening requesting the City 39 contract driveway snowplowing services for elderly residents. He questioned if this was feasible 40 or something the City could look into. Public Works Director DeBar indicated the City had 41 enough work keeping the City streets cleared and did not want to create a conflict of interest. 42 However, staff would look into this further. 43 44 Mounds View City Council January 10, 2011 Regular Meeting Page 8 Council Member Mueller encouraged all to be good neighbors and assist those without snow 1 blowers to be ensure that fire hydrants were kept clear. 2 3 B. Reports of Staff. 4 5 City Administrator Ericson stated last week he met with and interviewed the top candidate for the 6 Community Program Position for the Mounds View Community Center. The individual would 7 be a perfect fit, accepted the position, and would begin on January 24th. 8 9 City Administrator Ericson explained the traffic signal at County Road H and Silver Lake Road 10 was proceeding. Both easements have been forwarded to Ramsey County and the work would 11 begin this spring. 12 13 City Administrator Ericson indicated his review was due and should be scheduled for completion 14 in February. He encouraged the Council to also consider goals and priorities for the coming year 15 which would be discussed at a goal setting session in the near future. 16 17 C. Reports of City Attorney. 18 19 City Attorney Riggs had no report. 20 21 12. Next Council Work Session: Monday, February 7, 2011, at 7:00 p.m. 22 Next Council Meeting: Monday, January 24, 2011, at 7:00 p.m. 23 24 13. ADJOURNMENT 25 26 The meeting was adjourned at 8:26 p.m. 27 28 Transcribed by: 29 30 Heidi Guenther 31 TimeSaver Off Site Secretarial, Inc. 32 Corrections/Revisions made by Assistant City Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 January 24, 2011 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, January 24, 2011, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, January 24, 2011, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 A. Resolution 7728, a Resolution of Appreciation for Valerie Amundsen. 33 34 Mayor Flaherty recognized Valerie Amundsen for her dedication to the Mounds View Streets and 35 Utility Committee. 36 37 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7728, 38 Approving a Resolution of Appreciation for Valerie Amundsen. 39 40 Ayes - -- 5 Nays - -- 0 Motion carried. 41 42 B. Resolution 7729, a Resolution of Appreciation for Nathan Bjerke. 43 44 Mayor Flaherty reviewed the Resolution of Appreciation for Nathan Bjerke and thanked him for 45 Mounds View City Council January 24, 2011 Regular Meeting Page 2 his service to the Streets and Utility Committee. 1 2 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7729, 3 Approving a Resolution of Appreciation for Nathan Bjerke. 4 5 Ayes - -- 5 Nays - -- 0 Motion carried. 6 7 C. Resolution 7730, a Resolution of Appreciation for Jackie Entsminger. 8 9 Mayor Flaherty reviewed the Resolution of Appreciation for Jackie Entsminger and thanked her 10 for her dedication to the Economic Development Commission. 11 12 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7730, 13 Approving a Resolution of Appreciation for Jackie Entsminger. 14 15 Ayes - -- 5 Nays - -- 0 Motion carried. 16 17 D. Resolution 7731, a Resolution of Appreciation for Bob Glazer. 18 19 Mayor Flaherty reviewed the Resolution of Appreciation for Bob Glazer and thanked him for his 20 service on the Mounds View Streets and Utility Committee. 21 22 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7731, 23 Approving a Resolution of Appreciation for Bob Glazer. 24 25 Ayes - -- 5 Nays - -- 0 Motion carried. 26 27 7. COUNCIL BUSINESS 28 A. 7:05 p.m. Public Hearing for the Second Reading and Adoption of Ordinance 29 853, Amending Title 1000 of the City Code (Building and Development 30 Regulations). 31 32 Community Development Director Roberts indicated this evening was the second reading for 33 Ordinance 853. The first reading was held on January 10th and there was some discussion at that 34 meeting regarding Section 1006. Staff has made the changes requested by the Council and 35 recommended adoption of the Ordinance. 36 37 Mayor Flaherty opened the public hearing at 7:10 p.m. 38 39 Hearing no public input, Mayor Flaherty closed the public hearing at 7:10 p.m. 40 41 Council Member Mueller questioned how contractors would be notified of the changes to the 42 City’s Ordinance. Community Development Director Roberts explained that the amended 43 Ordinance would be placed on the City’s website. 44 45 Mounds View City Council January 24, 2011 Regular Meeting Page 3 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Ordinance 853, Amending 1 Title 1000 of the City Code (Building and Development Regulations) and publish a summary of 2 the Ordinance. 3 4 ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 B. Second Reading and Adoption of Ordinance 856, Amending Chapter 1113 of 9 the Zoning Code, Adding Permitted and Conditional Uses to the B-2, Limited 10 Business, Zoning District. 11 12 Community Development Director Roberts indicated this evening was the second reading of 13 Ordinance 856. The first reading was held on January 10th. Staff reviewed the revisions within 14 the code and recommended approval of the Ordinance. 15 16 Council Member Mueller asked why restaurants with drive through services would be prohibited 17 in this district. Community Development Director Roberts explained it was the Planning 18 Commission and staff’s opinion that a drive through would be a traffic concern to the 19 neighborhood. 20 21 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Ordinance 856, 22 Amending Chapter 1113 of the Zoning Code, Adding Permitted and Conditional Uses to the B-2, 23 Limited Business, Zoning District and publish a summary of the Ordinance. 24 25 ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 C. Resolution 7726, Authorizing a Step Wage Adjustment for Officer Greggory 30 Neumann of the Mounds View Police Department. 31 32 Assistant City Administrator Crane explained that Officer Neumann’s performance has been 33 reviewed and found to be satisfactory. To remain consistent with the union contract, a step 34 increase was warranted at this time. Staff recommends approval of the step increase effective 35 February 1, 2011. 36 37 MOTION/SECOND: Gunn/Mueller. To Adopt Resolution 7726, Authorizing a Step Wage 38 Adjustment for Officer Greggory Neumann of the Mounds View Police Department. 39 40 Ayes – 5 Nays – 0 Motion carried. 41 42 D. Resolution 7725, Approval to Initiate the Process to Fill the Pending Vacant 43 Accountant Position. 44 45 Mounds View City Council January 24, 2011 Regular Meeting Page 4 Finance Director Beer indicated Mary Tarek has served the City for 30+ years and will be retiring 1 on April 22nd. Ms. Tarek will be dearly missed by all. He requested that the Council allow staff 2 to fill her position in advance to utilize Ms. Tarek’s skills and abilities to train the new employee. 3 Staff recommended Council approve Resolution 7725. 4 5 Council Member Mueller questioned the timing on this issue. Finance Director Beer explained 6 applications would be taken for three weeks and then reviewed by staff to find the most qualified 7 candidates. Interviews would take approximately one week and Staff hoped to have an employee 8 onboard by mid-March. This would allow the new employee to be trained in for a month before 9 Ms. Tarek’s retirement. 10 11 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7725, 12 Approval to Initiate the Process to Fill the Pending Vacant Accountant Position. 13 14 Council Member Stigney requested that the job description require a four year accounting degree. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 E. Resolution 7727, Approving the 2011 Seasonal Public Works Positions. 19 20 Assistant City Administrator Crane indicated in the past the City has required ten seasonal 21 summer positions. Due to the budget constraints, the public works department was requesting 22 eight seasonal summer positions for 2011. Staff recommends approval of the Resolution with no 23 wage increases. 24 25 Mayor Flaherty thanked staff for bringing this to Council in a timely manner. He was pleased 26 there was no proposed wage increase. 27 28 Council Member Mueller thanked the public works department for being conservative with their 29 seasonal help as this assisted with the budget. 30 31 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7727, 32 Approving the 2011 Seasonal Public Works Positions. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 F. Resolution 7724, Accepting Miscellaneous Cash Donations for 2010. 37 38 Finance Director Beer indicated the State requires that donations be accepted by Resolution. 39 Donations made in 2010 totaled $465. Staff presented the Resolution to Council and 40 recommended approval, thanking the anonymous donors. 41 42 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7724, 43 Accepting Miscellaneous Cash Donations for 2010. 44 45 Mounds View City Council January 24, 2011 Regular Meeting Page 5 Ayes – 5 Nays – 0 Motion carried. 1 2 8. CONSENT AGENDA 3 4 Council Member Mueller asked to remove Item B. 5 6 Mayor Flaherty asked to remove Item C. 7 8 A. Licenses for Approval. 9 B. Schedule a Public Hearing for Monday, February 14, 2011, at 7:05 p.m. to 10 Approve an On-Sale Intoxicating Liquor, Bowling, and Restaurant Business 11 License Transfer from Moundsvista, Inc. to Mermaid Acquisition Group, 12 Inc., (dba The Mermaid), located at 2200 Highway 10. 13 C. Resolution 7732, Approving a Tree Trimming Contract with 4 Seasons Tree 14 Care, Inc. 15 16 MOTION/SECOND: Mueller/Hull. To Approve Consent Agenda Item A. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 B. Schedule a Public Hearing for Monday, February 14, 2011, at 7:05 p.m. to 21 Approve an On-Sale Intoxicating Liquor, Bowling, and Restaurant Business 22 License Transfer from Moundsvista, Inc. to Mermaid Acquisition Group, 23 Inc., (dba The Mermaid), located at 2200 Highway 10. 24 25 Council Member Mueller stated the Public Hearing for the Mermaid would be held on February 26 14th. She encouraged all those interested in speaking on the topic to attend the meeting. 27 28 MOTION/SECOND: Mueller/Hull. To Schedule a Public Hearing for Monday, February 14, 29 2011, at 7:05 p.m. to Approve an On-Sale Intoxicating Liquor, Bowling, and Restaurant Business 30 License Transfer from Moundsvista, Inc. to Mermaid Acquisition Group, Inc., (dba The 31 Mermaid), located at 2200 Highway 10. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 C. Resolution 7732, Approving a Tree Trimming Contract with 4 Seasons Tree 36 Care, Inc. 37 38 Mayor Flaherty requested additional information on this contract and asked what would happen 39 if the Council did not approve the tree trimming services. Public Works Director DeBar 40 explained the tree trimming services benefitted the City’s parks and provided for clear public 41 rights-of-way. He indicated that the City loses very few trees during storms because of the 42 proper trimming. 43 44 Council Member Mueller felt the wage within the estimate was reasonable considering the 45 Mounds View City Council January 24, 2011 Regular Meeting Page 6 professional skilled services that would be provided to the City. 1 2 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7732, 3 Approving a Tree Trimming Contract with 4 Seasons Tree Care, Inc. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 9. JUST AND CORRECT CLAIMS 8 9 Finance Director Beer answered the Council's questions related to claims. 10 11 MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as presented. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 10. APPROVAL OF MINUTES 16 17 None. 18 19 11. REPORTS 20 A. Reports of Mayor and Council. 21 22 Council Member Gunn reported she attended a meeting with the school district regarding District 23 Enhancement. She explained there was a mix of people and organizations in attendance. The 24 goal was to discuss how to benefit the youth in the community as needs were on the rise. The 25 committee was also looking to address the increasing diversity in our schools. Council Member 26 Gunn indicated additional meetings were scheduled to work through the issues and she would 27 report back to the Council with additional information. 28 29 Council Member Mueller stated the interaction with people in our community greatly affected 30 the personality of the City. She encouraged residents to consider volunteering within the City of 31 Mounds View. The Festival in the Park Committee was still seeking volunteers to assist with the 32 2011 event. She reviewed the positions available and encouraged all interested to be in contact 33 with her for further information. 34 35 Council Member Mueller explained that recently Western Bank received awards based on the 36 great service and staffing provided at this bank. 37 38 Mayor Flaherty stated all those interested in receiving additional information on the City of 39 Mounds View could check the City’s website to view recent information and happenings. 40 41 B. Reports of Staff. 42 43 City Administrator Ericson stated last week staff completed data practices training with Kennedy 44 & Graven. He then reviewed the work session agenda. 45 Mounds View City Council January 24, 2011 Regular Meeting Page 7 1 City Administrator Ericson explained the Town Hall meeting was scheduled for April 18, 2011 2 at City Hall. 3 4 City Administrator Ericson indicated staff met with the new Program Coordinator, Richard 5 Spitzka, at the Community Center today. Mr. Spitzka had a great deal of experience and would 6 serve the community well. 7 8 City Administrator Ericson reviewed he has met with both LELS negotiating groups. For the 9 time being, negotiations were being put on hold to allow for the State to resolve their budget 10 issues. 11 12 Public Works Director DeBar indicated the public works department would like to have a 13 dedicated emergency generator for the City Hall as this was the emergency operation center. He 14 stated the State surplus had a generator available for $5,000 and the unit would need a cover, 15 which would be an additional $3,000. 16 17 Public Works Director DeBar explained $65,000 was budgeted in 2011 for this unit but with the 18 surplus unit available, the City would only spend approximately $15,000 after properly installing 19 and fencing in the unit. He indicated the unit would provide standby power for the City in case 20 of an emergency and a Resolution would come before the Council at the February 14th meeting. 21 22 C. Reports of City Attorney. 23 24 City Attorney Riggs thanked staff for the great questions and discussion held at the Data 25 Practices training. 26 27 12. Next Council Work Session: Monday, February 7, 2011, at 7:00 p.m. 28 Next Council Meeting: Monday, February 14, 2011, at 7:00 p.m. 29 30 13. ADJOURNMENT 31 32 The meeting was adjourned at 8:21 p.m. 33 34 Transcribed by: 35 36 Heidi Guenther 37 TimeSaver Off Site Secretarial, Inc. 38