HomeMy WebLinkAboutAgenda Packets - 2010/01/11CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, January 11, 2010
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
A. Proclamation Announcing Mounds View as a 2009 Crown Community
B. Resolution 7549, a Resolution of Appreciation for Faith Rynders for Service on the
Streets and Utilities Committee
C. Resolution 7550, a Resolution of Appreciation for Jim Kavanaugh for Service on the
Streets and Utilities Committee
D. Resolution 7551, a Resolution of Appreciation for Bill Urbanski for Service on the Streets
and Utilities Committee
E. Resolution 7560, a Resolution of Appreciation for Todd Lang for Service on the Planning
Commission
F. Resolution 7561, a Resolution of Appreciation for Mary Kay Walsh-Kaczmarek for
Service on the Planning Commission.
G. Resolution 7562, a Resolution of Appreciation for Jackie Entsminger for Service on the
Cable Committee.
H. Senator Betzold and Representative Tillberry: Presentation on Upcoming Legislative
Session
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing for Second Reading and Adoption of Ordinance 840 –
Rezoning three properties from R-2, Single & Two Family to R-1, Single Family (2760
Woodale Drive, 7301 Park View Drive and 7441 Park View Terrace) (ROLL CALL
VOTE)
B. Resolution 7553, Approving a City Policy about Residential Fire Sprinklers and
Permits
C. Resolution 7554, Selection of the Official Newspaper, Acting Mayor, Treasurer and
Official Depositories for 2010.
D. Resolution 7555, Appointing City Council Members and City Staff as Representatives
for City Commissions and Other Organizations.
E. Resolution 7563, Revising Section 2.05 of the Personnel Manual in Regard to the Family
Medical Leave Act (FMLA), by Adding a Provision on Military Family Leave.
F. Resolution 7552, Adopting a Special Assessment Levy for Unpaid Administrative
Offense Fines.
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 7556, Approving an Agreement Renewal with Greater Minnesota Housing
Corporation for Housing Resource Center Services, 2010
C. Resolution 7559, Approving Chairperson Appointments to the Planning Commission and
the Park, Recreation and Forestry Commission.
D. Schedule a Public Hearing for Monday, January 25, 2010 at 7:05 pm to Consider a
Conditional Use Permit Amendment for Saturn of St. Paul, 2375 Highway 10.
E. Resolution 7558, Appointing Residents to the YMCA Advisory Committee
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. December 7, 2009, Truth in Taxation Meeting.
B. December 14, 2009, City Council Meeting.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session: Monday, February 1, 2010, at 7:00 p.m.
Next Council Meeting: Monday, January 25, 2010, at 7:00 p.m.
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, January 11, 2010
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
A. Proclamation Announcing Mounds View as a 2009 Crown Community
B. Resolution 7549, a Resolution of Appreciation for Faith Rynders for Service on the
Streets and Utilities Committee
C. Resolution 7550, a Resolution of Appreciation for Jim Kavanaugh for Service on the
Streets and Utilities Committee
D. Resolution 7551, a Resolution of Appreciation for Bill Urbanski for Service on the Streets
and Utilities Committee
E. Resolution 7560, a Resolution of Appreciation for Todd Lang for Service on the Planning
Commission
F. Resolution 7561, a Resolution of Appreciation for Mary Kay Walsh-Kaczmarek for
Service on the Planning Commission.
G. Resolution 7562, a Resolution of Appreciation for Jackie Entsminger for Service on the
Cable Committee.
H. Senator Betzold and Representative Tillberry: Presentation on Upcoming Legislative
Session
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing for Second Reading and Adoption of Ordinance 840 –
Rezoning three properties from R-2, Single & Two Family to R-1, Single Family (2760
Woodale Drive, 7301 Park View Drive and 7441 Park View Terrace) (ROLL CALL
VOTE)
B. Resolution 7553, Approving a City Policy about Residential Fire Sprinklers and
Permits
C. Resolution 7554, Selection of the Official Newspaper, Acting Mayor, Treasurer and
Official Depositories for 2010.
D. Resolution 7555, Appointing City Council Members and City Staff as Representatives
for City Commissions and Other Organizations.
E. Resolution 7563, Revising Section 2.05 of the Personnel Manual in Regard to the
Family Medical Leave Act (FMLA), by Adding a Provision on Military Family Leave. .
City Council Agenda
Monday, January 11, 2010
Page 2
7. COUNCIL BUSINESS - Continued
F. Resolution 7552, Adopting a Special Assessment Levy for Unpaid Administrative
Offense Fines.
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 7556, Approving an Agreement Renewal with Greater Minnesota Housing
Corporation for Housing Resource Center Services, 2010
C. Resolution 7559, Approving Chairperson Appointments to the Planning Commission and
the Park, Recreation and Forestry Commission.
D. Schedule a Public Hearing for Monday, January 25, 2010 at 7:05 pm to Consider a
Conditional Use Permit Amendment for Saturn of St. Paul, 2375 Highway 10.
E. Resolution 7558, Appointing Residents to the YMCA Advisory Committee
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. December 7, 2009, Truth in Taxation Meeting.
B. December 14, 2009, City Council Meeting.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session: Monday, February 1, 2010, at 7:00 p.m.
Next Council Meeting: Monday, January 25, 2010, at 7:00 p.m.
CITY OF MOUNDS VIEW
OFFICE OF THE MAYOR
PROCLAMATION
WHEREAS, in 2007, after a second failed street project, the City Council
established a taskforce of residents to review the City’s assessment policy,
project financing and to formulate a standard street design; and,
WHEREAS, more than thirty residents volunteered their time and efforts
on the streets taskforce, and after a year of intense work, the taskforce
formulated a set of recommendations which were presented to the community
and City Council for their consideration; and,
WHEREAS, The Council ultimately adopted every recommendation
submitted, which resulted in an innovative nine-project, ten-year program to
replace all substandard City streets and utilities, without ANY direct assessment
to the residents; and
WHEREAS, in recognition of this extraordinary effort, in December of
2009, American City and County recognized the City of Mounds View as
“America’s Crown Community”, just one of eleven cities or counties nationwide to
be thusly designated.
NOW, THEREFORE BE IT RESOLVED that, I, Joe Flaherty, Mayor of the
City Mounds View, do hereby proclaim January 12, 2010, as
AMERICA’S CROWN COMMUNITY DAY
And hereby express my sincere thanks and appreciation to all those who were
involved in the streets taskforce process.
Given under my hand and Seal of the City of Mounds View, this 11th day of
January, 2010.
Joe Flaherty, Mayor
(seal)
RESOLUTION NO. 7549
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO FAITH RYNDERS
WHEREAS, Faith Rynders has fulfilled her current term on the Mounds
View Streets and Utilities Committee after 2 years of service; and
WHEREAS, Ms. Rynders has gained the respect and gratitude of those
who have had the privilege of working with her on the Streets and Utilities Committee;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View, expresses its
appreciation to Faith Rynders for her dedicated and devoted service on the Mounds
View Streets and Utilities Committee.
Adopted this 11th day of January, 2010.
ATTEST:
Mayor Joe Flaherty
Councilmember Mueller Councilmember Stigney
Councilmember Hull Councilmember Gunn
Clerk- Administrator Ericson
RESOLUTION NO. 7550
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO JIM KAVANAUGH
WHEREAS, Jim Kavanaugh has fulfilled his current term on the Mounds
View Streets and Utilities Committee after 2 years of service; and
WHEREAS, Mr. Kavanaugh has gained the respect and gratitude of those
who have had the privilege of working with him on the Streets and Utilities Committee;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View, expresses its
appreciation to Jim Kavanaugh for his dedicated and devoted service on the Mounds
View Streets and Utilities Committee.
Adopted this 11th day of January, 2010.
ATTEST:
Mayor Joe Flaherty
Councilmember Mueller Councilmember Stigney
Councilmember Hull Councilmember Gunn
Clerk- Administrator Ericson
RESOLUTION NO. 7551
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO BILL URBANSKI
WHEREAS, Bill Urbanski has fulfilled his current term on the Mounds
View Streets and Utilities Committee after 2 years of service; and
WHEREAS, Mr. Urbanski has gained the respect and gratitude of those
who have had the privilege of working with him on the Streets and Utilities Committee;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View, expresses its
appreciation to Bill Urbanski for his dedicated and devoted service on the Mounds View
Streets and Utilities Committee.
Adopted this 11th day of January, 2010.
ATTEST:
Mayor Joe Flaherty
Councilmember Mueller Councilmember Stigney
Councilmember Hull Councilmember Gunn
Clerk- Administrator Ericson
RESOLUTION NO. 7560
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO TODD LANG
WHEREAS, Todd Lang has fulfilled his current term on the Mounds View
Planning Commission after 3 years of service; and
WHEREAS, Mr. Lang has gained the respect and gratitude of those who
have had the privilege of working with him on the Planning Commission; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View, expresses its
appreciation to Todd Lang for his dedicated and devoted service on the Mounds View
Planning Commission.
Adopted this 11th day of January, 2010.
ATTEST:
Mayor Joe Flaherty
Councilmember Mueller Councilmember Stigney
Councilmember Hull Councilmember Gunn
Clerk-Administrator Ericson
RESOLUTION NO. 7561
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION
TO
MARY KAY WALSH-KACZMAREK
WHEREAS, Mary Kay Walsh-Kaczmarek has fulfilled her current term
on the Mounds View Planning Commission after 3 years of service; and
WHEREAS, Ms. Walsh-Kaczmarek has gained the respect and gratitude
of those who have had the privilege of working with her on the Planning Commission;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View, expresses its
appreciation to Mary Kay Walsh-Kaczmarek for her dedicated and devoted service on
the Mounds View Planning Commission.
Adopted this 11th day of January, 2010.
ATTEST:
Mayor Joe Flaherty
Councilmember Mueller Councilmember Stigney
Councilmember Hull Councilmember Gunn
Clerk-Administrator Ericson
RESOLUTION NO. 7562
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO JACKIE ENTSMINGER
WHEREAS, Jackie Entsminger has fulfilled her current term on the
Mounds View Cable Committee after five years of service; and
WHEREAS, Ms. Entsminger has gained the respect and gratitude of those
who have had the privilege of working with her on the Cable Committee; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View, expresses its
appreciation to Jackie Entsminger for her dedicated and devoted service on the Mounds
View Cable Committee.
Adopted this 11th day of January, 2010.
ATTEST:
Mayor Joe Flaherty
Councilmember Mueller Councilmember Stigney
Councilmember Hull Councilmember Gunn
Clerk-Administrator Ericson
Item No: 7A
Meeting Date: January 11, 2010
Type of Business: Public Hearing
Administrator Review: ________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Public Hearing for the Second Reading and Adoption
of Ordinance 840, Proposed Rezoning of Three
Residential Properties from R-2, Single & Two Family
Residential to R-1, Single-Family Residential
(ROLL CALL VOTE)
Introduction:
Now that the City has completed 2008 Comprehensive Plan update, staff has been
reviewing the zoning map and land use designations and comparing them to the updated
Comprehensive Plan. This report is about the proposed rezoning of three properties to
have their zoning designations be consistent with the actual land use and the
Comprehensive Plan. The properties that staff is proposing to have the City change the
zoning are at 7301 Park View Drive, 7441 Park View Terrace and 2760 Woodale Drive.
Discussion:
There are three residential properties in the city that are currently zoned R-2, Single & Two
Family Residential. Single-family homes were built on the lots and the owners continue to
use them as single-family homes. The Comprehensive Plan designates these three
properties, along with all of the surrounding properties, as low density residential. The
properties are all located in neighborhoods that the City has zoned entirely R-1 (single
family residential). In order to have these properties zoning be consistent with their actual
use and with the Comprehensive Plan, staff is proposing to rezone them to R-1 single-
family residential. With the current R-2 zoning, any of these properties could legally convert
into a duplex. Rezoning the properties to R-1 would prevent any future use changes.
Staff sent letters to the property owners prior to the Planning Commission meeting and the
December 14th City Council meeting, notifying them of the rezoning proposal, and that they
could keep the R-2 zoning if they preferred. Staff has not heard from any of the
homeowners, nor did they attend the Planning Commission meeting.
On November 18, 2009, the Planning Commission unanimously voted to recommend
approval of rezoning these three properties, and the City Council approved the first reading
on December 14, 2009.
Staff report – Ordinance 840
Page 2
City staff called the property owners of 7441 Park View Terrace and 2760 Woodale Drive.
Both of the owners had received the previous letters from the City and were not opposed to
rezoning their properties. Staff was unable to find a telephone number for the owners of
7301 Park View Drive.
Recommendation:
Approve the second reading and adoption of Ordinance 840. Staff also recommends the
Council consent to the publication of a summary for each of the ordinances as authorized
by City Charter section 3.07.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments:
1. Zoning Map
2. Ordinance 840
3. Ordinance 840 summary
Zoning Map – all properties not marked are zoned R-1, Single Family Residential
ORDINANCE 840
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE TO REZONE THREE PROPERTIES FROM R-2, SINGLE & TWO-
FAMILY RESIDENTIAL TO R-1, SINGLE-FAMILY RESIDENTIAL: 7301 PARK VIEW
DRIVE, 7441 PARK VIEW TERRACE AND 2760 WOODALE DRIVE
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Appendix A of the Mounds View Municipal Code entitled “Specific Rezonings”
is hereby amended to include reference to the following Ordinance 840.
Subdivision 1. Purpose. The Mounds View City Council has determined that to
further economic development and organized land use controls that the present zoning
classification of certain parcels should be reclassified to allow for a comprehensive
redevelopment of the identified parcels consistent with the Mounds View Comprehensive
Plan.
Subdivision 2. The Mounds View City Council has determined that there would be
no adverse effects to adjoining properties resulting from the rezoning, and that the rezoning
would not be detrimental to the community at large.
Subdivision 3. Accordingly, the Mounds View City Council approves the rezoning
and directs that the City’s official Zoning Map and the zoning classification for the following
described parcel be amended as follows:
Parcel Address
Existing
Zoning
Designation
New Zoning
Designation
2760 Woodale Drive R-2 R-1
7301 Park View Drive R-2 R-1
7441 Park View Terrace R-2 R-1
Ordinance 840
Page 2
SECTION 2. This ordinance takes effect 30 days after its publication in the official City
newspaper.
INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View
this 14th day of December, 2009.
PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City
of Mounds View this 11th day of January, 2010.
PUBLICATION DATE: January 21, 2010
_______________________________________
Joe Flaherty, Mayor
ATTEST
_______________________________________
James Ericson, City Clerk-Administrator
(SEAL)
ORDINANCE SUMMARY
ORDINANCE NO. 840
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE TO REZONE THREE PROPERTIES FROM R-2, SINGLE & TWO-
FAMILY RESIDENTIAL TO R-1, SINGLE-FAMILY RESIDENTIAL: 7301 PARK VIEW
DRIVE, 7441 PARK VIEW TERRACE AND 2760 WOODALE DRIVE
On January 11, 2010, the Mounds View City Council adopted an ordinance that rezones three
residential properties from R-2, Single and Two Family Residential to R-1, Single Family
Residential in order for the properties to be consistent with their immediate neighborhoods and
the 2008 Mounds View Comprehensive Plan.
The ordinance is on file and available for public viewing at the office of the Clerk Administrator.
The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-
view.mn.us
James Ericson
Clerk-Administrator
Item No: 07C
Meeting Date: January 11, 2010
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Clerk-Administrator
Item Title/Subject: Resolution 7554, Selection of the Official City
Newspaper, Acting Mayor, Treasurer and Official
Depositories for 2010
Discussion:
The Sun Focus and The Bulletin have each submitted proposals to be the City’s official
newspaper for 2010. The Council selected the Sun Focus as the City’s primary newspaper
last year. Both newspapers have placed bids (letters attached), and the Sun Focus’s rates
are slightly less that The Bulletin. Both newspapers accept legal notices via e-mail.
Last year and in years previous the Council selected the St. Paul Pioneer Press as the City’s
secondary newspaper. Although the Pioneer Press did not submit a proposal this year, it
would certainly be acceptable for the Council to select the Pioneer Press as the City’s
secondary newspaper.
In addition, the attached resolution appoints the treasurer consistent with Section 6.04 of
the City Charter and also lists the city job positions that are authorized to conduct
banking and investment business on behalf of the City.
Recommendation:
Review and Adopt Resolution 7554.
Respectfully submitted,
_______________________
Desaree Crane
Attachments:
1. Letter from Sun Newspapers
2. Letter from Lillie Suburban Newspapers, Inc.
RESOLUTION NO. 7554
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING OFFICIAL NEWSPAPER, ACTING MAYOR, OFFICIAL
DEPOSITORY AND TREASURER FOR THE YEAR 2010
WHEREAS, Minnesota Statute 412.831 requires that City Councils annually
designate a newspaper of general circulation as its official newspaper; and
WHEREAS, Minnesota Statute 412.121 requires that City Councils annually
elect an Acting Mayor from among Council Members; and
WHEREAS, Minnesota Statute 427.012 requires that City Councils annually
select an official depository for City funds; and
WHEREAS, Chapter 6. Section 6.04 of the City Charter states the City Council
shall appoint a City Treasurer whose duties shall be as specified by State Law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mounds View does hereby appoint the following:
Official Newspaper: Primary: Sun Focus
Secondary: St. Paul Pioneer Press
Acting Mayor: _______________________
Primary Depository: Western Bank (for checking accounts, savings
accounts and investments)
Secondary Depositories: Minnesota Municipal Money Market Fund
PMA-4M Fund
W ells Fargo Advisors, LLC
RBC Dain Rauscher, Inc.
CitiGroup Global Markets, Inc.
Morgan Stanley/Smith Barney, LLC
U.S. Bank Systems Investment Services
Wells Fargo Bank N.A.
US Bank Corporate Trust Services
Federal Reserve Bank of Mpls.
TCF National Banks
US Bank N.A.
Resolution 7554
Page 2
BE IT FURTHER RESOLVED that the City Clerk/Administrator, the Treasurer, or
the Deputy Treasurer are authorized to conduct banking and investment business on
behalf of the City and the persons appointed to these positions are the following:
Jim Ericson, Clerk-Administrator
Mark Beer, Treasurer
Mary Tatarek, Deputy Treasurer
Adopted this 11h day of January, 2010.
______________________________
Joe Flaherty, Mayor
ATTEST:
_______________________________
Jim Ericson, Clerk-Administrator
(SEAL)
Item No: 07D
Meeting Date: January 11, 2010
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Clerk-Administrator
Item Title/Subject: Resolution 7555, Appointing City Council Members and
City Staff as Representatives for City Commissions and
Other Organizations
Discussion:
The City Council annually reviews the various Council and Staff appointments to City
commissions and other organizations. Below are the 2009 Council and Staff appointments
for your reference:
Ramsey County League Northwest Youth and Family Services
of Local Government
1. Councilmember Al Hull
1. Councilmember Carol Mueller 2. Councilmember Joe Flaherty, Alt
2. Clerk-Administrator
Spring Lake Park/Blaine/
Mounds View Fireman’s Relief Assoc. League of Minnesota Cities
1. Councilmember Roger Stigney 1. Mayor Joe Flaherty
2. Clerk-Administrator 2. Clerk-Administrator
Human Resources Committee I-35 Corridor Coalition
1. Councilmember Roger Stigney 1. Mayor Joe Flaherty
2. Councilmember Carol Mueller 2. Councilmember Sherry Gunn, Alt.
3. Clerk-Administrator 3. Clerk-Administrator
4. Assistant City Clerk-Administrator
Minneapolis Metro North Convention North Metro Mayors Association
And Visitor’s Bureau
1. Mayor Joe Flaherty
1. Clerk-Administrator 2. Clerk-Administrator
2. Heidi Steinmetz, Economic Development Spec.
Item 07D
Monday, January, 11, 2010
Page 2
YMCA Advisory Committee
1. YMCA Center Manager
2. YMCA Center Manager
3. Executive Director of the Northwest Family YMCA (Pat Reimersma)
4. Clerk-Administrator
5. Councilmember Sherry Gunn
6. Councilmember Al Hull
Recommendation:
Please make the appointments as necessary and approve attached Resolution 7555.
Respectfully submitted,
_______________________
Desaree Crane
RESOLUTION 7555
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING CITY COUNCIL MEMBERS AND CITY STAFF AS
REPRESENTATIVES FOR CITY COMMITTEES AND OTHER ORGRANIZATIONS
WHEREAS, members of the City Council act as representatives to City Committees
and other organizations; and
WHEREAS, the following representatives of the City have been named to act as
representatives to the following City Committees and other organizations for the year 2010:
Ramsey County League Northwest Youth and Family Services
of Local Government 1. _____________________
1. ____________________ 2. _____________________
2. Clerk-Administrator
Spring Lake Park/Blaine/
Mounds View Fireman’s Relief Assoc. League of Minnesota Cities
1. _____________________ 1. Mayor Joe Flaherty
2. Clerk-Administrator 2. Clerk-Administrator
Human Resources Committee North Metro Mayors Association
1. ______________________ 1. Mayor Joe Flaherty
2. ______________________ 2. Clerk-Administrator
3. Clerk-Administrator
4. Assistant City Clerk-Administrator Minnesota Metro North Tourism
1. Economic Development Specialist
2. Clerk-Administrator
YMCA Advisory Committee
1. YMCA Center Manager
2. YMCA Center Manager
3. Executive Director of the Northwest Family YMCA (Pat Reimersma)
4. Clerk-Administrator
5. Councilmember _______________
6. Councilmember _______________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View that the aforementioned appointments are hereby approved.
Resolution 7555
Page 2
Adopted this 11th day of January, 2010.
_______________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
Jim Ericson, Clerk-Administrator
(seal)
EXHIBIT A
POLICY: FAMILY AND MEDICAL LEAVE SECTION: 2.05
A. Medical Leave
B. Family Care Leave
C. Parental Leave
D. Military Family Leave
E. Military Caregiver Leave
The Family Medical Leave Act (FMLA) is intended to balance the demands of the
workplace with the needs of families, to promote the stability and economic security of
families, and to promote national interests in preserving family integrity. It is intended to
benefit employees as well as employers by providing up to twelve weeks of unpaid, job
protected leave for the birth of a child, adoption, foster care and certain family and
medical reasons.
Family and Medical Leave include the following types of leave of absences:
A. MEDICAL LEAVE. Leave of absences for personal illness.
B. FAMILY CARE LEAVE. Leave of absences for the illness of a family member.
C. PARENTAL LEAVE. Leave of absence related to the birth of a child, adoption of
a child or placement of a child with the employee for foster care. If an employee
qualifies for FMLA Leave and Parental leave, these leaves occur simultaneously.
D. MILITARY FAMILY LEAVE: Leave of absence arising out of the fact that a
spouse, son, daughter, or parent of an employee is on active duty, or has been
notified of an impending call or order to active duty, in the Armed Forces in
support of a contingency operation.
E. MILITARY CAREGIVER LEAVE: Leave of absence arising out of the fact that a
spouse, son, daughter, parent, or next of kin is ill or injured in the line of duty
during active duty,
The fundamentals of the City's policy regarding these various types of unpaid leaves in
accordance with the Federal Family and Medical Leave Act are set forth below. Certain
circumstances may require special interpretation of the policy or involve application of
laws other than the Federal Family and Medical Leave Act. As it is impossible to
anticipate every circumstance which might arise under the policy, employees are
encouraged to contact the Human Resource Representative if they believe that the
policy description below is applicable in whole or in part to their specific circumstance.
ELIGIBILITY
Unless otherwise required by law or indicated below, the combined total of
available leave under this policy is 12 weeks in any 12-month period measured
backwards from the date an employee initially uses the Family or Medical Leave.
Parental leave however, may be up allowed up to a maximum of 6 months at the
discretion of the City Clerk-Administrator.
An employee is eligible for Family and Medical Leave if they:
• Have been employed by the City of Mounds View for at least 12 months,
which need not be 12 consecutive months; and
• Have worked a minimum of 1,250 hours within the previous 12-month
EXHIBIT A
period. Hours of service are defined as the number of hours actually
worked and do not include other paid or unpaid leave taken by the
employee during the previous 12- month period.
• Parental leave may be available for employees who work less than 1,250
hours pursuant to the Minnesota Parenting Leave Act, which provides for
six (6) weeks of unpaid leave for the birth or adoption of a child.
Insurance Continuation
Except where otherwise provided below, the City will continue to make group
health insurance available to an eligible employee during an approved Family
and Medical Leave of Absence. This means the City will continue to pay its
portion of the applicable premiums for the employee and his/her dependents
during the time of leave. The employee is still responsible to continue payment
of the employee’s portion of the health, life and/or dental premiums. For leaves
without compensation for 30 days or less, the City will continue to pay its normal
premium contribution or as the policy allows.
If a Family and Medical Leave Absence extend beyond the approved period, the
employee becomes responsible for the full amount of the group health insurance
premiums with no co-payment from the City. In the event an employee elects not
to return to work upon completion of an approved Family and Medical Leave of
Absence, the City may recover from the employee the cost of any payments
made to maintain the employee's insurance coverage, unless failure to return to
work was for reasons beyond the employee's control. If an employee is laid off
during the Family and Medical Leave Absence and employment is terminated,
the City's responsibility to maintain group health insurance ceases at the time of
the layoff.
Status of Benefits
Unpaid Leave/Combination of Unpaid and Paid
The employee will not accrue benefits such as vacation leave, sick leave or
holiday pay while on Unpaid Family and Medical Leave of Absence. Employees
using a combination of paid and unpaid leave, or intermittent unpaid leave, will
accrue benefits on a pro-rated basis. Step adjustments will be extended by the
length of the unpaid leave. Employees on intermittent leave will be evaluated on
a case-by-case basis with regard to extending the length of the step increases.
Paid Leave
Employees using Paid leave will continue to accrue benefits. Step adjustment will
occur at the regularly scheduled time.
Paid and Unpaid Leave does not constitute a break in service for purposes of
eligibility for pension and retirement benefits.
Use of Vacation, Sick Leave and Holiday Pay
The City may require an employee to use accrued paid vacation leave or sick
leave in conjunction with any part of the employee’s Family or Medical Leave. If
the City does not require the employee to use accrued vacation or sick leave in
conjunction with his or her Family or Medical Leave, the employee may choose
EXHIBIT A
to do so. If accrued vacation or sick leave is exhausted prior to the end of the
Family or Medical Leave, the remainder of the Leave may be taken without pay.
The use of accrued vacation and/or sick leave used in conjunction with Family or
Medical Leave does not extend the length of the Family or Medical Leave.
Intermittent Leave
When medically necessary, a Medical Leave of Absence may be taken
intermittently or as part of a reduced work schedule. In such cases, the City may
require the employee to temporarily transfer to an available alternative position
which better accommodates recurring periods of absences or part-time
schedules, provided the position has equivalent pay and benefits.
Return to Work
As a general rule, an employee that is granted a Family and Medical Leave of
Absence under this policy will be reinstated to the position the employee held
when the leave commenced or to an equivalent position with equivalent pay,
benefits, and other terms and conditions of employment.
If the employee on a Family and Medical Leave of Absence is a salaried
employee who is within the highest paid 10% of City employees and keeping the
job open for the employee would result in substantial economic injury to the City,
reinstatement may be denied in accordance with the Family and Medical Leave
Act.
If during the Family and Medical Leave of absence, the City experiences a layoff
and the employee would have lost his/her position had the employee not been on
leave, the employee is not entitled to reinstatement in the former or comparable
position.
An employee returning from a Family and Medical Leave of Absence of more
than one month should notify his/her immediate Supervisor at least two weeks in
advance of returning to work. Upon approval of the employee's immediate
Supervisor, an employee may return to part-time work at any time during the
Leave period. An employee shall commence normal working hours when the
Leave period has ended.
A. MEDICAL LEAVE OF ABSENCE
An unpaid Medical Leave of Absence will be provided in accordance with the
Family and Medical Leave Act to any employee who has a serious health
condition that makes the employee unable to perform the functions of his/her job.
A "serious health condition" is defined as any illness, injury, impairment, or
physical or mental health condition that requires:
· Inpatient care in a hospital, hospice, or residential medical care facility or
· Any period of incapacity due to pregnancy or prenatal care; or
· Any period of incapacity requiring absence from work, school, or other
regular activities, or more than three calendar days, that also involves
continuing treatment by, or under the supervision of, a health care
provider; or
· Continuing treatment by, or under the supervision of, a health care
EXHIBIT A
provider for a chronic or long-term health condition that is incurable or so
serious that, if not treated would likely result in a period of incapacity of
more than three calendar days.
Medical Certification
Prior to granting a Medical Leave of Absence, the City will require sufficient
certification from the employee's health care provider. The certification must
include a statement regarding the nature of the serious health condition, the
employee's inability to perform the functions of his/her position, and such other
factors as the City deems appropriate. Certification must be provided, when
possible, in advance or at the start of the Leave. If the City has reason to doubt
the validity of the certification, it will require the employee to obtain a second
opinion from the health care provider approved or designated by the City. In the
case of conflicting opinions, the City may require a third opinion. The health care
provider giving the third opinion shall be jointly approved or designated by the
City and the employee. The third health care provider's opinion is final and
binding. Second and third medical opinions are at the City’s expense.
Notice
When a Medical Leave of Absence is foreseeable based on planned medical
treatment, the employee must make a reasonable effort to schedule the
treatment so as not to disrupt City operations and must give the City at least
thirty days' notice before the leave is to begin, or, in the case where such notice
is not possible, the employee should give as much notice as practicable.
The City may require periodic reporting from the employee as to his/her status
and intention to return to work. The City may also require periodic medical
recertification on a reasonable basis. As a condition of reinstatement, the City
will require a certification from the employee's health care provider that the
employee is able to resume work.
B. FAMILY CARE LEAVE
The City understands the need for employees to maintain the health and security
of their families and will comply with the Family and Medical Leave Act. The City
will grant an eligible employee an unpaid leave so the employee may care for a
spouse, child, or parent who has a serious health condition or is unable to care
for his/her own hygienic or nutritional needs or safety due to medical impairment.
The term "serious health condition" is defined above. "Child" includes a
biological, adopted or foster child, a step child, legal ward or a child for whom the
employee stands in loco parentis, who is under 18 years of age, or 18 years of
age or older and incapable of self care because of a mental or physical disability.
"Spouse" is the legally recognized marital partner of the employee. "Parent"
means the biological parent or an individual who stands or stood in loco parentis
to an employee when the employee was a child; the term does not include in-
laws.
Medical Certificate
The City will require medical certification to support a claim for leave to care for a
seriously ill child, spouse, or parent. The certification must include an estimate of
the amount of time the employee is needed to provide care.
EXHIBIT A
Notice
When the need for a Family Care Leave is foreseeable based on planned
medical treatment, the employee must give the City at least 30 days' notice
before the date the Family Care Leave is to begin. When the need for Family
Care Leave is unforeseeable, the employee must provide notice as soon as
practicable.
C. PARENTAL LEAVE
Eligible employees will be provided an unpaid leave of absence of up to 12 work
weeks for the birth or adoption of a child (including any necessary court
appearance), or for the placement of a child in foster care, in accordance with the
Family and Medical Leave Act of 1993. The Parental Leave may begin at a time
designated by the employee and must start within 12 months from the date of the
birth, adoption or placement of the child. Employees who have used other forms
of Family and Medical Leave during the preceding 12 months period are still
eligible for six weeks of Parental Leave, although leave in excess of the 12
weeks is subject to the limitations imposed by the Minnesota Parenting Leave
Act, including discontinuation of payments by the City for insurance premiums
and limitations on the timing of the leave.
Upon written request, the City Clerk-Administrator may authorize leave in excess
of 12 work weeks up to a maximum period of six months.
Employees who have been employed for the previous 12 months and have
worked more than 1,040 hours but less than 1,250 hours required under the
Federal Family and Medical Leave Act are eligible for six weeks of unpaid leave
under the Minnesota Parenting Leave Act. Parental Leave under the Minnesota
Parenting Leave Act must begin within six weeks of the birth, adoption, or
placement of the child in foster care, unless the child is hospitalized at birth.
Employees are responsible for all insurance premiums during such leave.
Parental Leave may not be extended by use of other forms of paid leave. Return
to work is administered in the same way as with other Family and Medical
Leaves.
Notice
When the need for a Parental Leave is foreseeable, such as the expected birth,
adoption or placement of a child, the employee must provide the City with at least
30 days' notice. If the exact date of the birth, adoption or placement is
unforeseeable, the employee must provide notice as soon as practicable.
D. MILITARY FAMILY LEAVE
Eligible employees will be provided up to twelve (12) weeks of unpaid leave of
absence for “any qualifying exigency” arising out of the fact that an employee’s
spouse, son, daughter or parent is on active duty or have been notified of an
impending call to active duty status in the National Guard or Reserve in support
of a contingency operation. The period for talking Military Family Leave shall be
measured forward from the first date an employee takes leave and shall expire
twelve (12) months thereafter. A “qualifying exigency” includes the following
categories:
EXHIBIT A
a. Short-notice deployment (leave taken for this purpose can be used
for a period of 7 calendar days beginning on the date a covered
military member is notified of an impending call or order to active
duty):
b, Military events and related activities (including family support or
assistance programs and informal briefings);
c. Childcare and school activities (e.g. to arrange for alternative
childcare, provide childcare on an urgent, immediate need basis or
to attend meetings at a school or daycare facility)
d. Financial or legal arrangements (e.g., to prepare and execute
powers of attorney, enroll for military health care or to prepare a will
or living trust);
e. Rest and recuperation (e.g., to spend time with a covered military
member who is on short term, temporary, rest and recuperation
leave during the period of deployment. Eligible employees may
take up to 5 days of leave per instance).
f. Post-deployment activities (e.g., to attend ceremonies and
briefings, or to address issues arising from the military member’s
death.
E. MILITARY CAREGIVER LEAVE
An eligible employee who is the spouse, son, daughter, parent, or next of kin
(closest blood relative) of a covered military service member who is recovering
from a serious illness or injury sustained in the line of duty while on active duty, is
entitled up to twenty-six (26) weeks of unpaid leave in a single twelve (12) month
period to care for the military service member. A covered military service
member is a current member of the Armed Forces, including a member of the
National Guard or Reserves. The military service member must be medically
unfit to perform his or her duties for which the military service member is
undergoing medical treatment, recuperation, or therapy; or is in outpatient status;
or is on the temporary disability retired list.
The 12-month period will commence the first day leave is used. An eligible
employee may be entitled to take more than one period of 26 work weeks of
leave (in a subsequent 12-month period) if the leave is to care for a different
covered military service member or to care for the same military service member
with a subsequent serious injury or illness. A medical certification verifying the
illness/injury will be required in order for this leave to be used.
General Summary: Section 2.05 is intended to be a general summary of the law.
Each situation will be evaluated on a case-by-case basis. When this policy and Federal
law conflict, Federal law will prevail.
Item No: 07E
Meeting Date: January 11, 2010
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Clerk-Administrator
Item Title/Subject: Resolution 7563, Revising Section 2.05 of the
Personnel Manual in Regard to the Family Medical
Leave Act (FMLA)
Background:
On October 28, 2009, President Obama signed the 2010 National Defense Authorization Act
(NDAA), which expands coverage for military exigency leave and military caregiver leave
under the Family and Medical Leave Act (FMLA). In 2008, an earlier NDAA signed by
President Bush created the categories of military exigency and caregiver leave under the
FMLA. NDAA provides exigency leave coverage to family members of those in the Armed
Forces during deployment to a foreign country.
Discussion:
In accordance with the Code of Federal Regulations (29 CFR § 825.126), eligible employees
may take FMLA leave for a qualifying exigency involving the employee’s spouse, son,
daughter, or parent of an active military service member or is notified of an impending call or
order to active duty (Military Family Leave). Qualifying exigency includes the following
categories:
a. Short-notice deployment (leave taken for this purpose can be used for a
period of 7 calendar days beginning on the date a covered military member
is notified of an impending call or order to active duty):
b, Military events and related activities (including family support or assistance
programs and informal briefings);
c. Childcare and school activities (e.g. to arrange for alternative childcare,
provide childcare on an urgent, immediate need basis or to attend meetings
at a school or daycare facility)
d. Financial or legal arrangements (e.g., to prepare and execute powers of
attorney, enroll for military health care or to prepare a will or living trust);
f. Rest and recuperation (e.g., to spend time with a covered military member
who is on short term, temporary, rest and recuperation leave during the
period of deployment. Eligible employees may take up to 5 days of leave per
instance).
Item 07E
January 11, 2010
Page 2
g. Post-deployment activities (e.g., to attend ceremonies and briefings, or to
address issues arising from the military member’s death.
In addition, eligible employees may also take FMLA leave to care for a spouse, son,
daughter, parent, or next of kin who is ill or injured in the line of duty during active duty
(Military Caregiver Leave).
Attached is Section 2.05 of the Personnel Manual pertaining to FMLA. Staff has added
these new provisions to the Personnel Manual in accordance with the Federal Code
(additions to Section 2.05 are underlined in blue). These new provisions are a Federal
mandate, and are drafted in the Personnel Policy, as required by law, to inform the
employees of the new provisions under the FMLA.
Recommendation:
Staff recommends reviewing the policy and approving Resolution 7556.
Respectfully submitted,
_______________________
Desaree Crane
RESOLUTION NO. 7563
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION REVISING SECTION 2.05 OF THE PERSONNEL MANUAL IN
REGARD TO THE FAMILY MEDCIAL LEAVE ACT (FMLA), BY ADDING A
PROVISION ON MILITARY FAMILY LEAVE AND MILITARY CAREGIVER LEAVE
WHEREAS, on October 28, 2009, President Obama signed the 2010 National
Defense Authorization Act (NDAA), which expands coverage for military exigency leave
and military caregiver leave under the Family and Medical Leave Act (FMLA); and
WHEREAS, NDAA provides exigency leave coverage to family members of
those in the Armed Forces during deployment to a foreign country; and
WHEREAS, in accordance with 29 CFR § 825.126 of the Federal Code, eligible
employees may take FMLA leave for a qualifying exigency involving the employee’s
spouse, son, daughter, or parent of an active military service member or is notified of
an impending call or order to active duty (Military Family Leave); and
WHEREAS, in accordance with 29 CFR § 825.127 of the Federal Code, eligible
employees may also take FMLA leave to care for a spouse, son, daughter, parent, or
next of kin who is ill or injured in the line of duty during active duty (Military Caregiver
Leave);and
WHEREAS, Section 2.05 of the Personnel Manual is required to be revised to
comply with the new Federal Regulations under the Federal Medical Leave Act (FMLA).
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council
revises Section 2.05 of the Personnel Manual as shown as Exhibit A as attached
hereto.
Adopted this 11h day of January, 2010.
______________________________
Joe Flaherty, Mayor
ATTEST:
_______________________________
Jim Ericson, Clerk-Administrator
(SEAL)
Item No: 08A
Meeting Date: January 11, 2010
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Community Development Technician
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Please consider the following contractor licenses for approval. All contractor licenses will expire
on December 31, 2010. All applicants have submitted appropriate fees and proof of insurance.
Those companies that are “new” include applicants that have never been licensed with the City or
they may have been licensed with the City in the past, but were not licensed in 2009. The majority
of the licenses are renewals, so at a minimum, they were licensed in 2009. The type of license
they are applying for follows the company name.
Alpine Asphalt HVAC Renewal
Associated Mechanical HVAC Renewal
B&D Plumbing, Heating & A/C Inc. HVAC Renewal
Dean’s Professional Plumbing HVAC New
Elder-Jones, Inc. General (Commercial) Renewal
First Choice Builders Inc. HVAC New
Gartner Refrigeration Manufacturing HVAC Renewal
Gilbert Mechanical Contractors HVAC Renewal
Harris Companies HVAC Renewal
Hoffman Corner Heating & Air Conditioning HVAC Renewal
Kingsway Mechanical Inc. HVAC New
Kraus-Anderson Construction Co. General (Commercial) Renewal
Larson Plumbing HVAC Renewal
Mission Construction General (Commercial) Renewal
Mobile Maintenance, Inc. HVAC Renewal
Nardini Fire Protection Chemical Fire Suppression Renewal
Nasseff Mechanical Contractors HVAC Renewal
Opus Northwest Const. LLC General (Commercial) Renewal
Schulties Plumbing HVAC Renewal
Sedgwick Heating & Air Conditioning HVAC Renewal
Steinkraus Plumbing HVAC Renewal
Universal Signs, Inc Sign Installer New
Recommendation: Approve license applications as requested.
Item No: 08B
Meeting Date: Jan 11, 2010
Type of Business: Consent
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Clerk - Administrator
Item Title/Subject: Resolution 7556 Approving a Consultant Services
Agreement with the Greater Metropolitan Housing
Corporation for Housing Resource Center Services in 2010
Introduction:
The City of Mounds View and its residents have benefitted from the services provided and
managed by the Greater Metropolitan Housing Corporation’s Housing Resource Center
(HRC) since 2001. By partnering with the Greater Metropolitan Housing Corporation,
Mounds View residents and property owners have one-stop-shop access to a variety of
housing, improvement, efficiency, loan and enhancement programs that they might not
otherwise. The services offered by the HRC provide an invaluable resource for the
community.
Discussion:
The Housing Resource Center (HRC) is a division of the Greater Metropolitan Housing
Corporation (GMHC) whose stated mission is to preserve, improve and increase affordable
housing for low and moderate income families, as well as to assist communities with
housing revitalization. The HRC provides construction management consultations,
program administration, provides information on a variety of relevant housing programs
and coordinates and manages several grant and loan programs geared toward home
improvement and renovation. As the Council may recall, the HRC agreed in 2007 to
manage the City’s Housing Replacement Program’s demolition reimbursement component
as part of the agreement, at no additional cost to the City. New for 2010 will be expanded
services relating to foreclosures, such as acquisition of foreclosed properties for renovation
and later acquisition by first time homeowners, rather than the properties being acquired for
investment purposes and advertised as rentals. The fee for this contracted service is
$11,000 which is reflected in the adopted 2010 EDA Budget, in account 230-4650-3030.
Recommendation:
Approve Resolution 7556 which approves a consultant services agreement with the
Greater Metropolitan Housing Corporation for Housing Resource Center Services in 2010.
Respectfully submitted,
________________________
James Ericson
Clerk – Administrator
RESOLUTION 7556
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE EXECUTION OF
THE CONSULTANT SERVICES AGREEMENT WITH THE
GREATER METROPOLITAN HOUSING CORPORATION (GMHC) FOR
HOUSING RESOURCE CENTER SERVICES IN 2010
WHEREAS, the City of Mounds View desires to continue its association with the
Greater Metropolitan Housing Corporation (GMHC) to provide Housing Resource Center
services in 2010,
WHEREAS, the City has partnered with GMHC to access Housing Resource Center
services for Mounds View residents since 2001; and,
WHEREAS, the City acknowledges the valuable benefit derived by its residents via
the programs offered and managed by the Housing Resource Center.
NOW, THEREFORE FURTHER BE IT RESOLVED, that the Mounds View City
Council does hereby approve the Consultant Services Agreement with the Greater
Metropolitan Housing Corporation (GMHC) for Housing Resource Center services in 2010
and authorize its execution by the Mayor and Clerk - Administrator.
Adopted this 11th day of January, 2010.
_______________________________
Joe Flaherty, Mayor
ATTEST:
______________________________
James Ericson, Clerk - Administrator
(seal)
CONSULTANT SERVICES AGREEMENT
THIS IS AN AGREEMENT entered into the 11th day of January, 2010, by and between the
City of Mounds View, a Minnesota municipal corporation (“the City”), and GREATER
METROPOLITAN HOUSING CORPORATION, a Minnesota non-profit corporation
(“Consultant”).
RECITALS
A. The Consultant has a division called The Housing Resource Center (“HRC”). GMHC
has agreed to provide certain Services through HRC (as defined below) in connection with the City’s
housing program.
B. The City desires to hire the Consultant to render this technical, professional, and
marketing assistance in connection with housing programs in the City for the term as set forth in this
Agreement.
C. Consultant is willing to provide such services on the terms and conditions set forth
herein.
In consideration of the foregoing recitals and following terms, conditions and mutual
promises contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall provide services as follows (the “Services”):
a. Administer the following home improvement programs for residents of the City of
Mounds View: MHFA Fix Up Fund, Community Fix Up Fund, the MHFA Rental
Rehab Program and the MHFA Rehabilitation Loan Program (collectively the
“MHFA Programs”):
1. Providing information to residents and property owners about the programs,
upon request;
2. Assist the City in developing procedures for the programs;
3. Receipt of applications from residents;
4. Processing applications;
5. Closing loans to qualified applicants in accordance with the applicable
program;
6. Overseeing the draw process for the funds, including, as necessary, reviewing
draws, reviewing the progress of the work and collecting lien waivers and
certificates of occupancy. Consultant may, for this purpose, rely on third-
party representations and certifications.
7. Provide monthly reports about the number of loans closed and the balance in
each loan program.
b. Assist City residents considering rehabilitation, including property visits, meet with
homeowners and potential contractors, suggest alternatives for rehabilitation to
homeowners, educate homeowners on the construction bid process, assist
homeowners to evaluate bids and work completed and construction progress.
c. Provide housing information to City residents, including information on emergency
assistance, housing rehabilitation, first time homebuyers and limited rental
information;
d. Assist the City in its Housing Replacement Program;
e. Assist the City in developing programs to purchase and rehabilitate homes;
f. Coordinate these services out of Consultant’s NorthMetro office; and
g. Have Consultant’s staff visit residences as determined necessary by Consultant.
2. Term. This Agreement shall be in full force and effect from January 1, 2010 and
shall continue through December 31, 2010, unless otherwise terminated as set forth below.
3. Compensation. For services provided under this Agreement, the City shall pay to the
Consultant Eleven Thousand Dollars ($11,000.00) within thirty (30) days after execution of this
Agreement.
The Consultant shall receive compensation for administering the MHFA Programs directly from the
Minnesota Housing Finance Agency and not from the City.
4. Termination. Notwithstanding any other provision hereof to the contrary, this
Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time
in which case the parties shall agree to the amount of fees payable to Consultant.
b. The City may terminate this Agreement upon the breach by Consultant of any of its
material covenants contained herein, where such breach shall have continued for a
period of thirty (30) days following the receipt by Consultant of a written notice from
the City, specifying the alleged breach; provided, however, if the nature of a non-
monetary breach is such that Consultant cannot reasonably cure same in the thirty
(30) day period, Consultant shall not be deemed to be in breach if it commences to
cure within the thirty (30) day period, and diligently pursues same to completion
within ninety (90) days following receipt by Consultant of such written notice. In the
event of termination by the City hereunder, Consultant shall be entitled to fees due to
the date the notice of breach is sent by the City.
c. If Consultant or City (as applicable) (i) files a voluntary petition in bankruptcy
(ii) files a voluntary petition for reorganization under any bankruptcy law, statute or
regulation or other similar statute or regulation, (iii) is adjudicated a bankrupt,
(iv) makes an assignment for the benefit of creditors or applies for or consents to the
appointment of a receiver or trustee as part of or in conjunction with a “creditor plan”
with respect to any substantial part of its assets, or (v) a receiver or trustee is
appointed, or an attachment or execution levied with respect to any substantial part of
its assets, and said appointment is not vacated, or the attachment or execution not
released, within sixty (60) days, then this Agreement shall, effective as of such date,
without notice or further action by either party, immediately terminate.
d. Consultant may terminate this Agreement upon the breach by City of any of its
material covenants contained herein, where such breach shall have continued for a
period of thirty (30) days following the receipt by City of a written notice from
Consultant, specifying the alleged breach; provided, however, if the nature of a non-
monetary breach is such that City cannot reasonably cure same in the thirty (30) day
period, City shall not be deemed to be in breach if it commences to cure within the
thirty (30) day period, and diligently pursues same to completion within ninety (90)
days following receipt by City of such written notice. In the event of termination by
Consultant hereunder. Consultant shall be entitled to retain the entire fee under this
Agreement.
5. Insurance.
a. During the term of this Agreement, the Consultant shall obtain and maintain workers
compensation, comprehensive general liability, and automobile liability insurance.
Comprehensive general liability insurance shall have an aggregate limit of Two
Million Dollars ($2,000,000.00).
b. Upon request by the City, the Consultant shall provide a certificate or certificates of
insurance relating to the insurance required. Such insurance secured by the
Contractor shall be issued by insurance companies licensed in Minnesota. The
insurance specified may be in a policy or policies of insurance, primary or excess.
c. Such insurance shall be in force on the date of execution of an Agreement and shall
remain continuously in force for the duration of the Agreement.
6. Indemnification.
a. Notwithstanding anything to the contrary in this Agreement, the City, its officers,
agents, and employees shall not be liable or responsible in any manner to the
Consultant, the Consultant’s successors or assigns, the Consultant’s subcontractors, or
to any other person or persons for any third party claim, demand, damage, or cause of
action of any kind, nature, or character, including intentional acts, arising out of or by
reason of the performance of this Agreement by Consultant. The Consultant, and the
Consultant’s successors or assigns, agree to protect, defend and save the City, and its
officers, agents, and employees, harmless from all third party claims, demands,
damages, and causes of action, to the extent caused by the negligence or wrongful acts
of Consultant, and the costs, disbursements, and expenses of defending the same,
including but not limited to, attorneys fees, consulting services, and other technical,
administrative or professional assistance.
b. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation of any immunity or limitation on liability to which the City is entitled under
Minnesota Statutes, Chapter 466, or otherwise.
7. Assignment. This Agreement shall not be assigned, sublet, or transferred, in whole
or in part without the prior written approval of the City.
8. Conflict of Interest. The Independent Contractor shall use best efforts to meet all
professional obligations to avoid conflicts of interest and appearances of impropriety in
representation of the City. In the event of a conflict, the Independent Contractor, with the prior
written consent of the City, shall arrange for suitable alternative services.
9. Compliance with Laws. The Consultant shall comply with all applicable Federal,
State, and local laws, rules, ordinances, and regulations at all times and in the performance of the
services pursuant to this Agreement.
10. Notices. Any notices permitted or required by this Agreement shall be deemed given
when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified,
return receipt requested, addressed to:
Consultant: Greater Metropolitan Housing Corporation
15 South 5th Street, Suite 710
Minneapolis, MN 55402
ATTN: Suzanne Snyder
City: ATTN: City Clerk-Administrator
City of Mounds View
2401 Highway 10
Mounds View, MN 55112
With a copy to: Scott J. Riggs
Kennedy and Graven, Chartered
Suite 470, 200 South Sixth Street
Minneapolis, MN 55402
Or such other address as either party may provide to the other by notice given in accordance with this
provision.
11. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire agreement between the City and the
Consultant, and supersedes any other written or oral agreements between the City and the
Consultant. This Agreement can only be modified in writing signed by the City and the
Consultant.
12. Third Party Rights. The parties to this Agreement do not intend to confer on any
third party any rights under this Agreement.
13. Counterparts. This Agreement may be signed in one or more counterparts but all of
which taken together shall constitute one instrument.
14. Choice of Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising
out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
15. Agreement Not Exclusive. The City retains the right to hire other housing program
consultants, in the City’s sole discretion.
16. Data Practices Act Compliance. Data provided to the Consultant or created by the
Consultant under this Agreement shall be administered in accordance with the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement on the respective dates indicated below.
CITY:
CITY OF MOUNDS VIEW
By:
Joe Flaherty, Mayor
Date: ______________________________, 2010.
By: _________________________________
James Ericson , Clerk-Administrator
Date: ______________________________, 2010.
CONSULTANT:
GREATER METROPOLITAN HOUSING CORPORATION
By:
Its: President
Date: _______________________________, 2010.
Item No: 08C
Meeting Date: January 11, 2010
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Clerk-Administrator
Item Title/Subject: Resolution 7559, Approving Chairperson
Appointments to the Planning & Zoning Commission
and the Park, Recreation and Forestry Commission.
Introduction:
Pursuant to the Planning and Zoning Commission’s Bylaws, Park Recreation and Forestry
Commission’s Bylaws, and the City Code, these commissions are to elect a Chairperson
annually. The selection is then forwarded on to the City Council for approval.
Discussion:
At the last Planning & Zoning Commission and the Park, Recreation and Forestry
Commission meetings, the commissions elected the following to continue serving as
Chairperson and Vice Chairperson:
Planning and Zoning Commission
Gary Stevenson, Chairperson
Jean Miller, Vice Chairperson
Park, Recreation and Forestry Commission
Gerald Arel, Chairperson
Dale Aukee, Vice Chairperson
Recommendation:
Resolution 7559 has been prepared for City Council action which accepts the nomination
and appointment of the Chairperson and Vice Chairperson for the Planning and Zoning
Commission and the Park, Recreation and Forestry Commission. The Vice Chairperson will
serve in the event of the Chairperson’s absence.
Respectfully submitted,
________________________
Desaree Crane
RESOLUTION NO. 7559
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING CHAIRPERSON APPOINTMENTS TO THE
PLANNING COMMISION
AND THE
PARK, RECREATION AND FORESTRY COMMISSION
WHEREAS, pursuant to the Planning and Zoning Commission’s Bylaws, Park
Recreation and Forestry Commission’s Bylaws, and the City Code, these commissions are
to elect a Chairperson annually; and,
WHEREAS, the Planning and Zoning Commission and the Park, Recreation and
Forestry Commission elected the following Chairperson and Vice Chairperson below for
2010:
Planning and Zoning Commission
Gary Stevenson, Chairperson
Jean Miller, Vice Chairperson
Park, Recreation and Forestry Commission
Gerald Arel, Chairperson
Dale Aukee, Vice Chairperson
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council does
hereby appoint the Chairperson and Vice Chairperson to the commissions listed above for
the year 2010.
Adopted this 11th day of January, 2010.
_______________________________________
Joe Flaherty, Mayor
ATTEST:
_______________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 08E
Meeting Date: January 11, 2010
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Clerk-Administrator
Item Title/Subject: Resolution 7558, Appointing Residents to the YMCA
Advisory Committee
Background:
The YMCA operates the City’s park and recreation programs and manages the Community
Center per the Agreement between the City and the YMCA. In accordance with the
Agreement, the YMCA Advisory Committee was created to help foster communication and
with the intent to improve services. The YMCA Advisory Committee comprises of two (2)
YMCA Center Managers, Executive Director of the Northwest Family YMCA, Clerk-
Administrator, and two (2) City Council Members.
Discussion:
The YMCA Advisory Committee is requesting to add two (2) Mounds View resident
members to the committee, Anita Erickson and Gary Stevenson. Ms. Erickson is a
Mounds View resident, and is currently employed at the Mounds View Community Center.
Gary Stevenson, also a Mounds View resident, is currently on the Planning and Zoning
Commission with the City. Both residents would help assist the committee in providing
feedback between the Mounds View community and the Mounds View Community Center.
Recommendation:
Staff recommends approving Resolution 7558, appointing Anita Erickson and Gary
Stevenson to the YMCA Advisory Committee.
Respectfully submitted,
_______________________
Desaree Crane
RESOLUTION NO. 7558
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING RESIDENTS TO THE
YMCA ADVISORY COMMITTEE
WHEREAS, The YMCA operates the City’s park and recreation programs and
manages the Community Center per the Agreement between the City and the YMCA; and,
WHEREAS, in accordance with the Agreement, the YMCA Advisory Committee was
created to help foster communication and with the intent to improve services; and
WHEREAS, the YMCA Advisory Committee is currently comprised of two (2) YMCA
Center Managers, Executive Director of the Northwest Family YMCA, Clerk-Administrator,
and two (2) City Council Members; and
WHEREAS, the YMCA Advisory Committee is requesting to add two (2) Mounds
View resident members to the committee, Anita Erickson and Gary Stevenson.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council does
hereby appoint the Anita Erickson and Gary Stevenson as resident members of the YMCA
Advisory Committee.
Adopted this 11th day of January, 2010.
_______________________________________
Joe Flaherty, Mayor
ATTEST:
_______________________________________
James Ericson, Clerk-Administrator
(seal)
Correctiosn made by Mayor Flaherty, Councilmember Mueller, Councilmember Gunn, Clerk -Administrator Ericson, Finance Director Beer, and Assistant City Clerk-Administrator Crane
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Truth in Taxation Meeting 5
December 7, 2009 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
6:00 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, December 7, 2009, Truth in Taxation Agenda. 21
22
MOTION/SECOND: Gunn/Hull. To Approve the Monday, December 7, 2009, 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
33
None. 34
35
7. COUNCIL BUSINESS 36
A. Truth in Taxation 37
38
Finance Director Beer explained that in February, the State Legislature changed the mechanics of 39
the Truth in Taxation process. It used to be optional if the levy increase was less than the 40
implicit price deflator but now everyone must have a Truth in Taxation meeting, accept public 41
input, and advertise the date and time the levy will be adopted. Finance Director Beer provided a 42
presentation stating the City’s mission statement, and 2010 General Fund expenditures by 43
purpose identifying: personnel at 62%, supplies at 5%, contractual services at 22%, contingency 44
at 2%, fire debt service at 3%, capital outlays at 2%, and transfers to other funds at 4%. The 45
Mounds View City Council December 7, 2009
Truth in Taxation Meeting Page 2
expenditure chart identified: public safety at 46%, costs for streets and highways at 12%, park 1
and recreation at 9%, debt service fire bonds at 3%, other at 3%, transfers at 4%, general 2
government at 14% and economic development at 9%. Finance Director Beer described the 3
General Fund expenditures as compared to the 2008 actual, 2009 budget, and 2010 proposed. He 4
advised that 2010 General Fund operating expenditures will decrease by $180,210 or 3.35%, 5
which includes personnel services, materials and supplies, contractual services, and contingency. 6
In addition, 2010 General Fund capital expenditures, debt service, and transfers will decrease by 7
$233,670, so the total 2010 General Fund expenditures will decrease by $413,880 or 6.79% over 8
2009. 9
10
Finance Director Beer next addressed 2010 General Fund revenues indicating: general property 11
taxes at 66%, other taxes at 7%, licenses and permits at 3%, intergovernmental at 10%, other 12
revenues at 5%, and transfers from other funds at 9%. He advised it is anticipated that franchise 13
fee revenues will be lower since most commodities (such as energy) are also lower in cost. The 14
General Fund revenues were described as compared to 2008 actual, 2009 budget, and 2010 15
proposed. 16
17
Finance Director Beer presented the budget summary, advising the City reduced General Fund 18
spending in 2010 by $413,880, the State unalloted LGA over the last two years totaled $294,963 19
and further reductions are projected in 2010 of $340,000, other non-property tax revenues are 20
projected to decline $170,408 which will increase the pressure on the property tax, and the 2010 21
General Fund budget will be balance, by using General Fund reserves of $132,790. 22
23
Finance Director Beer displayed a chart identifying the 2009 actual and 2010 property tax levy 24
increases of $337,994, noting the majority is a result of the street improvement projects equaling 25
$300,000. He indicated that City tax for a median valued home of $186,300 will be $772.18 and 26
described how that amount is divided among police, public works, park and recreation, 27
administration, community development, debt service, fire, and the street improvement levy. 28
Finance Director Beer presented a sample home tax impact chart, noting the difference for a 29
median valued home is $127.75 in 2010. Because of the shift in home values, there would have 30
been a $40 tax increase even if the City’s levy had remained flat. He explained that out of every 31
one dollar of taxes, the City of Mounds View receives 29.47 cents, Ramsey County 36.22 cents, 32
the School District 30.41 cents, and other taxing districts 3.90 cents. It was noted that relative 33
taxes per capita show Mounds View is the lowest at $310.84 when compared to Arden Hills, 34
New Brighton, Shoreview, Blaine, Fridley, Roseville, and Spring Lake Park. On a spending per 35
capita basis, Mounds View ranks very low at 211 out of 221 for cities over 2,500 in population. 36
37
Finance Director Beer described budget impacts over the last three years due to the loss of LGA 38
and explained that transfers from the Levy Reduction Fund along with use of reserves, 39
expenditure reductions and cutbacks in capital outlays had allowed the City to propose no levy 40
increase for the last four years. It was noted the 2010 General Fund budget proposes a 1% levy 41
increase. 42
43
Tom Winiecki, 2748 Sherwood Road, stated he has recreational bonfires in his yard during the 44
summer months and asked if he would be charged should his neighbor call the Fire Department. 45
Mounds View City Council December 7, 2009
Truth in Taxation Meeting Page 3
Finance Director Beer stated that is included in resident’s taxes. 1
2
Timothy Hall, 2200 Lois Drive, asked if taxes are based solely on property market value as set by 3
Ramsey County. Finance Director Beer confirmed that is correct. 4
5
Mr. Hall stated he realizes this is not the place to bring up Ramsey County issues but the average 6
valuation of the six homes in his cul-de-sac is $16,679 and these homes have been devalued from 7
$11,400 to $37,900. His home was devalued $2,800 out of that amount. The range of increase 8
of City tax ranges from $10.65 to a high of $175.94, which is on his property. Mr. Hall stated all 9
six homes were built within three years of each other and his home has the smallest foundation 10
footprint, smallest amount of square footage, and minimal improvements in the last two years. 11
However, in the last five years his taxes increased a full $1,000, a 10.3% increase, while two 12
houses away they had a 10.6% decrease in overall taxes. Finance Director Beer stated this 13
argument should be presented to Ramsey County in March of 2010. 14
15
Mike Chance, 8080 Woodlawn Drive, stated his largest increase in taxes was for the City but his 16
property assessed valuation of $219,000 is the same in 2009. Finance Director Beer explained 17
the average decrease for Mounds View was 6.5%. Mr. Chance stated his taxes increased 11% for 18
the City portion of taxes. Finance Director Beer stated the largest increase was due to the street 19
improvement project but once the levy is instituted, residents won’t see an additional increase 20
since it will be a constant fee until the streets are done. Mr. Chance stated he does not like to 21
receive a $3,000 property tax bill for a home valued at $219,000. It was noted that Mr. Chance 22
can appeal the valuation with Ramsey County. 23
24
Dan Mueller, 8343 Groveland Road, stated he understands the concern about taxes going up and 25
asked if the County looks at values each year. Finance Director Beer stated the County comes 26
out once every four years. Mr. Mueller stated some changes may be “catch up” from several 27
years ago on everything, not just the house. He stated his estimated market value increased one 28
time so he called the County and a staff person asked if would sell his home for the estimated 29
market value and if not, then they were not getting taxed too much. Mr. Mueller stated he also 30
compared his tax information with neighboring homes and found some had increased while 31
others went down considerably so he wondered how it was calculated. 32
33
Mayor Flaherty clarified that all residents can request a new evaluation from Ramsey County. 34
Finance Director Beer noted the values were set a year ago to be applied in 2010. If you appeal 35
the value now, it will be for taxable 2011 and an adjustment is not made for 2010 unless there is 36
a clerical error. Mr. Mueller thanked Finance Director Beer for the thorough budget presentation. 37
38
Finance Director Beer advised the budget would be considered for approval by the Council at its 39
December 14, 2009 meeting, pending any changes made tonight. 40
41
Council Member Stigney reviewed the amount being transferred from the Levy Reduction Fund 42
and suggested that additional reductions can still be identified in the 2010 budget so there is a 0% 43
levy increase. Or, if everything is essential in the budget and nothing can be cut, then he felt the 44
Levy Reduction Fund should be used. 45
Mounds View City Council December 7, 2009
Truth in Taxation Meeting Page 4
1
Mayor Flaherty stated he does not know if the Council has actually made a hiring freeze official 2
for all departments, except the Police Department. He noted the City has not had a Street 3
Supervisor for three years and residents are looking for deep cuts but the Council has to also look 4
to the future. Mayor Flaherty stated he thinks hiring that position could be delayed due to the 5
economic situation, which may be worse in 2011 than 2010. He stated the City will be asking 6
union contracts and nonunion staff to take no increase or cost of living at this time. He noted the 7
Street Supervisor position is in the 2010 budget with half being funded from the General Fund 8
and half from the Water and Sewer Fund. 9
10
Council Member Mueller referenced Public Works Director DeBar’s report regarding staffing 11
needs for Public Works, which was very thorough and identified responsibilities being covered 12
by other staff without having a Public Works Supervisor. She indicated that part of the reason 13
the City hired Public Works Director DeBar was because of his skills in engineering and ability 14
to prepare documents for street projects. However, he has been unable to take on that work due 15
to other supervisory responsibilities. The report indicates, going forward for eight years (2010-16
2018), the amount of dollars spent on consultant fees at a conservative 20% ($120,000) and 17
filling this supervisory position would give Public Works Director DeBar the opportunity to 18
project future needs, work load, find ways to eliminate work load, and do a lot of work in-house 19
that is currently paid to a consultant. Council Member Mueller noted that if the City can save 5% 20
on consultants, it will more than pay for Supervisor wages and save money over the eight 21
remaining years of the street project. Public Works Director DeBar also indicated in his report 22
that key employees may be considering retirement in the next five years so those high level skills 23
will be lost. Therefore, having a Supervisor with that skill set gives the City the ability to build 24
those skills in current staff. Council Member Mueller noted the City has a very well paid, 25
educated, and competent Public Works Director who is saying this position needs to be filled and 26
if not filled, she believes the City is taking advantage of its Public Works staff. 27
28
Mayor Flaherty asked how much would be saved in consultant fees and on what projects if the 29
Supervisor position is filled. Public Works Director DeBar stated someone with the right skill 30
set would schedule, organize, and coordinate operations instead of the current day-to-day reactive 31
mode of operations. He referenced his report identifying CIP improvement projects that could be 32
handled internally, through purchased design software, without hiring additional engineering 33
staff based on having a Public Works Supervisor who is operational. The savings estimate for 34
2010 is $135,000 and over the course of the CIP to 2018 it could save $743,000, approximately 35
$82,000 per year on average depending on the projects scheduled. Public Works Debar clarified 36
the City will still need consulting help, for example, with the water tower for inspections and 37
specialized coating requirements, but could save about 10% on plan preparation and contract 38
administration, partnering with consultants. Mayor Flaherty stated it looks like the City could 39
save in consultation fees but the Council has to also consider that it budgeted $231,000 of LGA 40
in 2010 and that may not be received. 41
42
Council Member Gunn asked what happens if the City does not get LGA. Public Works Director 43
DeBar stated he is unable to do the engineering or consulting work if a Supervisor is not hired so 44
the City will have to hire an outside consultant and pay those fees. Council Member Gunn 45
Mounds View City Council December 7, 2009
Truth in Taxation Meeting Page 5
agreed that Public Works Director DeBar was hired because of his knowledge and experience to 1
perform engineering and consulting duties so she would hate to see him spending time on duties 2
that should be done by a Supervisor. 3
4
Public Works Director DeBar stated the Supervisor position will save the City a significant 5
amount of money long term. In addition, there will be more efficiency so if a position is vacated 6
or retires, the Supervisor would look at whether that position needs to be rehired or restructuring 7
should occur. Public Works Director DeBar indicated if the position is not filled, he would still 8
pursue efficiencies. 9
10
Council Member Hull agreed this position is needed long-term for the City and would result in 11
savings from consulting fees. He stated he had previously raised the option of staff furloughs of 12
up to several days per month to get more savings. 13
14
Council Member Stigney stated he spoke with Public Works Director DeBar today and 15
understands the need, but believed this was not the time to implement additional staff, especially 16
considering what is happening at the State level and future projections. Council Member Stigney 17
suggested that in the short term, Public Works Director DeBar restructure his staff to get the most 18
efficiency and hold off hiring this position until there is a staff opening. He commented on the 19
current economic stress on the City’s residents and suggested this be further discussed at the 20
upcoming Council retreat. He stated he cannot support hiring this position at this time. 21
22
Mayor Flaherty conducted an informal poll of the Council: Members Gunn, Mueller, and Hull 23
supported filling the Public Works Supervisor position. Council Member Stigney and Mayor 24
Flaherty did not support filling the position. Majority consensus was reached to keep this 25
position in the 2010 budget. 26
27
Mayor Flaherty noted in 2010 the cost for street pavement management should be lower, roughly 28
20-30%, to correlate with the amount of new streets that don’t need as much pavement 29
management. Public Works Director DeBar reviewed the items included in street repairs and 30
supplies. Finance Director Beer reviewed salary costs, noting the costs are allocated between 31
different departments. Public Works Director DeBar stated staff can track and bill its time to the 32
project instead of billing it against the Pavement Management Fund, which would reduce the 33
burden on General Fund. 34
35
Mayor Flaherty stated his goal is to get to a 0% levy so he is looking to reduce the 2010 budget 36
by $39,000. He stated that while he understands the concern with future impacts, the Council 37
also needs to look at what is happening today, and he believes that any levy increase sends the 38
wrong message to residents when their home values and economy are going down. 39
40
Council Member Gunn stated Council Member Stigney is suggesting to use more of the Levy 41
Reduction Fund but she does not want to use all of it now because a bigger amount may be 42
needed in future years. Finance Director Beer stated the Council will set the levy on December 43
14, 2009, and a 1% levy will cost a median value home $9.40. Council Member Gunn stated if 44
the Council is serious about reducing the levy to 0%, it should have done it before tonight. 45
Mounds View City Council December 7, 2009
Truth in Taxation Meeting Page 6
1
Finance Director Beer reviewed the cuts the City had already made: $414,000 in expenditures, 2
using $250,000 of the Levy Reduction Fund, a levy increase proposed of $38,000, and using 3
$133,000 in fund balance. He noted the Council could transfer more from the Levy Reduction 4
Fund but is already dipping into the principal. He stated the Council can cut expenditures but 5
anything of significance has already been cut, so what is remaining is to cut staff. 6
7
Council Member Mueller stated she remembers a past conversation about reducing a franchise 8
fee and that fee reduction equaled about $38,000. That decision was made about 18 months ago 9
and it angers her to have a debate now about $39,000 when both she and Council Member 10
Stigney had recommended the franchise fee be left as it was. She stated the Council has come 11
together several times to compromise, reduce the 2010 budget, put off capital expenditures, and 12
some equipment purchases budgeted for 2010. Council Member Mueller stated the City has been 13
fortunate to have a Levy Reduction Fund for the last five years and will be using it again this year 14
but Finance Director Beer is saying it is tough when the principal is used and to still get interest 15
earnings and hold a great bond rating. Council Member Mueller stated if things are as desperate 16
as they seem, the City may have to look at suspending a street project. If that occurs, then 29% 17
will not be spent for consulting or the cost of the street project but the consequence is increased 18
maintenance costs to those streets and the long-term effects of decisions being made. Council 19
Member Mueller stated the Council has to weigh this carefully, look at the “big picture,” and 20
figure out the best way to move forward. She noted there may be some tough decision in the 21
future to limit or lay off staff, cut back hours, or not purchase necessary equipment, as long as 22
essential services are maintained. But, based on the surrounding communities and benefit of the 23
last four years, she thinks a 1% living increase is entirely reasonable because people want water, 24
snowplows, police officers, and fire trucks to arrive when needed. Council Member Mueller 25
stated she thinks the levy is ready to be approved. 26
27
Council Member Hull suggested the Council push for furloughs to cut one or two days per month 28
for 50 employees. He noted the City is already short staffed so there will be no layoffs and 29
maybe there could be a small use of fund reserves ($15,000 to $20,000) that are replenished at a 30
later point. Council Member Hull stated he thinks a levy increase of 1% is fair but would agree 31
to additional cuts because the City will be unalloted more funds and the worse is yet to come. 32
33
Council Member Stigney stated the Council should definitely look at a 0% levy, felt $40,000 was 34
a significant amount, and this is what the Levy Reduction Fund is for. He felt the City can 35
maintain its staff but he does not support hiring a Supervisor. Council Member Stigney agreed 36
the Council needed to look at staffing, furlough, or a shorter work week because personnel costs 37
are the highest cost for the City. 38
39
Mayor Flaherty stated: we are living in extraordinary times, nothing like it since 1932, and 40
residents are feeling the burden of lost jobs, values going down, cuts in pay, or making 41
concessions at their jobs, so any levy increase sends the wrong message in how the City is being 42
run. He stated he is a member of the Mayor’s Association and believes Mounds View is in very 43
good shape when compared to other cities that are cutting staff and public safety and closing City 44
Hall for a day or two a week. Mayor Flaherty stated eventually taxes will have to go up but that 45
Mounds View City Council December 7, 2009
Truth in Taxation Meeting Page 7
can happen in better times, so he supports directing staff to reduce the 2010 budget by $39,000 to 1
have a 0% levy. 2
3
Council Member Gunn noted the City can take $39,000 from the Levy Reduction Fund. 4
5
Council Member Mueller questioned the impact to the City’s bond rating should the Council 6
determine to bond to get the streets done. She also asked how quickly the offsetting of the bond 7
rating would wipe out the $39,000 being contemplated from the Levy Reduction Fund. Finance 8
Director Beer explained that the last bond rate increase went from A1 to AA3 and the difference 9
in issuance costs for an interest rate of .5% to .75% is a fairly significant jump from AA to A, 10
which would be a large amount on a street project. However, he does not anticipate the City will 11
need to issue bonds for streets. 12
13
Clerk-Administrator Ericson noted the majority of the Council wants a 0% levy increase so staff 14
will bring forward some ideas. He stated it will be a difficult decision because it will impact 15
staff. Mayor Flaherty stated staff has done a terrific job in coming up with budget cuts and while 16
Councils find budgets difficult to work with, at best, staff has done a terrific job. 17
18
Finance Director Beer pointed out the 2010 budget anticipates a Police Chief at Step 5 for all of 19
2010. However, it is highly unlikely that will occur so that will save more than the $39,000. 20
21
Council Member Gunn asked if the City can deduct from the Levy Reduction Fund at any time. 22
Finance Director Beer answered in the affirmative and advised of upcoming fund transfers that 23
will be determined in February of 2010. 24
25
Council Member Mueller thanked Finance Director Beer for his suggestion and asked if doing so 26
would it prevent replacing the Police Chief. Finance Director Beer stated it is a matter of timing 27
and is in the Council’s hands. 28
29
Unanimous Council consensus was reached to direct staff to come back with a zero percent levy 30
increase. Finance Director Beer advised that there would be $39,000 less in revenue and would 31
show, on paper, that it is coming from fund balance. 32
33
8. Next Council Work Session: Monday, December 7, 2009, at 7 p.m. 34
Next Council Meeting: Monday, December 14, 2009, at 7 p.m. 35
36
9. ADJOURNMENT 37
38
The meeting was adjourned at 7:31 p.m. 39
40
Transcribed by: 41
42
Carla Wirth 43
TimeSaver Off Site Secretarial, Inc. 44
Corrections made by Mayor Flaherty, Councilmember Mueller, Councilmember Gunn, Clerk -Administrator Ericson, and Assistant City Clerk -Administrator Crane
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
December 14, 2009 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:02 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, December 14, 2009, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Stigney. To Approve the Monday, December 14, 2009, agenda as 23
revised to remove Item 7O, Resolution 7547, Authorizing Purchases for the Mounds View 24
Community Center Gymnasium Floor Refinishing. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
5. PUBLIC INPUT 29
30
Charles Hall, owner of The Mermaid, stated that in 1978, he built a 24-lane bowling center and 31
had pledged $15,000 to prior to issuance of the occupancy permit so he would: install curb and 32
gutter and $10,000 was to be held by the City for putting in the storm sewer. Mr. Hall stated he 33
had installed the curb and gutter but the City has never put in the storm sewer. He assured the 34
Council that “his word is his bond” and asked them to understand his plight and give back the 35
$10,000 he paid to Mounds View in 1978. 36
37
Mayor Flaherty stated he knows that Mr. Hall’s “word is his bond” but it is his understanding 38
staff has been unable to find any documentation in the City’s records. He suggested this matter 39
be placed on a future work session agenda for further discussion. 40
41
Dan Mueller, 8343 Groveland Road, stated the City’s staff and Council are doing their best to 42
keep taxes down and explained why he was troubled by the Council’s suggestion of a furlough 43
for City employees. He asked if anyone had checked to see how much a furlough would save the 44
City, suggesting it should not be raised in a discussion, causing employees to worry, until that is 45
Mounds View City Council December 14, 2009
Regular Meeting Page 2
known. Mayor Flaherty stated the Council has not held an official discussion of furloughs and if 1
it is considered the City will certainly complete due diligence. 2
3
Mr. Mueller noted that next November is an election year and while he understands everyone 4
likes to hear “no new taxes,” they also want streets plowed, skating rinks opened, and police and 5
fire protection available. He felt that now was not the time for shortsighted thinking but the time 6
to improve, and to find a great value to make Mounds View an even better place to live. 7
8
Mayor Flaherty stated he did say at an earlier meeting that he was looking at the need today and 9
next year but is always looking five years down the road. 10
11
6. SPECIAL ORDER OF BUSINESS 12
13
None. 14
15
7. COUNCIL BUSINESS 16
A. 7:05 p.m. Public Hearing, Second Reading and Adoption of Ordinance 839, 17
an Ordinance Amending Section 7.05 of the City Charter Relating to the 18
Five-Year Financial Plan. 19
20
Clerk-Administrator Ericson reviewed the Council’s past consideration of this ordinance and 21
advised that the Charter Commission adopted different language that is consistent with the City 22
Attorney’s recommendation. The amendment to Section 7.05 eliminates the requirement to 23
adopt the Five-Year Financial Plan by Ordinance or Resolution. Clerk-Administrator Ericson 24
explained the Charter Commission feels there should be notification so residents know the City’s 25
Five-Year Financial Plan will be considered by the Council. 26
27
Mayor Flaherty opened the public hearing at 7:24 p.m. Hearing no public input, Mayor Flaherty 28
closed the public hearing at 7:24 p.m. 29
30
Council Member Mueller asked how the details of the Ordinance will be posted. Clerk-31
Administrator Ericson advised it is available at City Hall and the entire ordinance is posted to the 32
City’s website as well as the summary. Since it involves a Charter Amendment, the entire 33
ordinance will be published. 34
35
MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance 839, 36
Amending Section 7.05 of the Mounds View City Charter Relating to the Five-Year Financial 37
Plan. 38
39
ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty. 40
41
Ayes – 5 Nays – 0 Motion carried. 42
43
B. 2010 Tax Levy and Budgets for All Funds 44
1. Resolution 7534 Adopting 2010 Tax Levy 45
Mounds View City Council December 14, 2009
Regular Meeting Page 3
Finance Director Beer stated at the December 7, 2009, Truth in Taxation meeting, Council 1
direction was given to eliminate the 1% general fund increase and maintain the 7.9% increase for 2
the Street Improvement Fund. 3
4
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7534, 5
Adopting the 2010 Tax Levy. 6
7
Mayor Flaherty noted the 2010 tax levy is $4,099,393 and $300,000 will go to the Street 8
Improvement Fund so we maintained a zero percent increase in the General Fund. 9
10
Council Member Stigney thanked Finance Director Beer for coming up with a method to do 11
away with the levy increase by using money that was set aside for a Police Chief. However, he 12
did not think the Council should “pat itself on the back” because this budget includes hiring 13
personnel that he did not think should be hired at this time. Council Member Stigney stated that 14
the cost for not filling a vacancy is negligible but hiring now and then laying off results in 15
additional costs. Because of those reasons, he does not support the budget. 16
17
Mayor Flaherty noted that Mr. Mueller had commented earlier this evening that the City still 18
needs to provide services, which this budget does, and he is proud of the process used to come up 19
with this budget. 20
21
Council Member Mueller stated she does not always agree with her husband’s position but 22
believed he well stated the residents’ position. With regard to Council Member Stigney’s 23
position, she noted the 2010 general levy and budget has been restored to the same levels as in 24
2008. She felt staff had done a terrific job by cutting expenditures, postponing expenditures and 25
equipment replacement, and worked with “bare bones” without reducing critical services to 26
residents. Also, for years the City has put money into repairing streets because it did not have 27
community support to move forward with street projects. However, residents have now come 28
forward and through guidance from the Finance Director and Street and Utilities Task Force, 29
streets are being rebuilt and utilities rehabilitated. Council Member Mueller noted that the 7.9% 30
levy increase in this budget calculates to less than $70 per household. She felt this community is 31
getting an outstanding accomplishment from this Mayor, Council, and staff by presenting a 0% 32
base levy increase without reduction in services, having an on-going street program, and the 33
lowest taxes per capita of any city in the north metro community. Council Member Mueller 34
thanked all who worked on the budget and stated she is proud of the services this community is 35
providing, making Mounds View the best value in the Metro area. 36
37
Council Member Stigney stated he has nothing against the street program or 0% increase in the 38
tax levy. However, the money is coming from reserves in the Levy Reduction Fund, not 39
taxpayers directly. He noted the Charter limits the budget increase to 1% and with the loss of 40
LGA he believed the Council needed to start dealing with costs now. Council Member Stigney 41
stated that this is not the time to hire more staff but the time to “tighten belts” and do equally 42
well or better with less. 43
44
Ayes – 4 Nays – 1 (Stigney) Motion carried. 45
Mounds View City Council December 14, 2009
Regular Meeting Page 4
1
2. Resolution 7535 Adopting the 2010 Budgets for All Funds. 2
3
Finance Director Beer presented staff’s recommendation to adopt the resolution and noted the 4
summary for all funds. Council Member Mueller questioned the cost paid for engineering 5
consultants this year for the City’s street and trails projects. Finance Director Beer stated that 6
based on general assumptions, it is 20-25% of construction costs. 7
8
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7535, 9
Adopting the 2010 Budgets for All Funds. 10
11
Council Member Stigney stated this Resolution is for funds outside the General Fund, noting that 12
62% of the General Fund budget was for personnel. He stated the 2010 budget includes the 13
hiring of two employees and pointed out that police costs in Mounds View are $169 per capita, 14
higher than New Brighton and 30 other cities. 15
16
Council Member Gunn stated a few years ago, the community voted to hire officers and every 17
resident survey has ranked safety of the community as number one. She noted the Police 18
Department does a fantastic job and is probably the most important department the City has. 19
20
Council Member Stigney stated he is not against safety but felt the City needed to maintain safety 21
or improve it at less cost. He questioned whether the referendum results would be the same if 22
taken today. 23
24
Ayes – 4 Nays – 1 (Stigney) Motion carried. 25
26
C. 7:15 p.m. Public Hearing to Consider Possible Suspension or Revocation of 27
Liquor License for Moe’s, held by JWM Investments, Inc. 28
29
Clerk-Administrator Ericson presented the past consideration of Moe’s liquor license and 30
advised that since Moe’s has paid the State liquor tax delinquency, which was verified by staff, 31
and payment was made to Ramsey County toward the property tax delinquency, the City 32
Attorney has recommended the public hearing not be held at this time. Clerk-Administrator 33
Ericson stated this item is informational so no action is required. 34
35
D. Resolution 7532, Approving a Lot Combination of Two Vacant Parcels on 36
the Northeast Corner of County Road H and Greenwood Drive, Planning 37
Case LC09-001. 38
39
Planning Associate Heller presented the recommendation of staff and the Planning Commission 40
to approve a simple lot combination of two vacant parcels located on the northeast corner of 41
Greenwood Drive and County Road H, which are owned by Steve Ordahl. The request is being 42
made because the Ordahl home was sold in February of 2008 and they now want to sell the 43
vacant parcel. It was noted last year’s approval of a similar subdivision for this property had 44
expired. At that approval, the Council had decided to not require a 5% park dedication fee but to 45
Mounds View City Council December 14, 2009
Regular Meeting Page 5
charge a $1,000 park dedication fee, which was paid last year along with attorney fees. 1
2
Council Member Mueller noted residents in the surrounding area were noticed. Planning 3
Associate Heller stated that is correct and no concerns were expressed. 4
5
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7532, 6
Approving a Lot Combination of Two Adjoining Lots on the Northeast corner of County Road H 7
and Greenwood Drive; Planning Case No. LC2009-001. 8
9
Ayes – 5 Nays – 0 Motion carried. 10
11
E. Introduction and First Reading of Ordinance 840, Rezoning three properties 12
from R-2, Single and Two Family to R-1, Single Family: (2760 Woodale 13
Drive, 7301 Park View Drive and 7441 Park View Terrace). 14
15
Planning Associate Heller presented the recommendation of staff and the Planning Commission 16
to rezone three properties (7301 Park View Drive, 7441 Park View Terrace, and 2760 Woodale 17
Drive) from R-2 to R-1. She noted the rezoning to R-1 would be consistent with the surrounding 18
neighborhood and Comprehensive Plan. Surrounding property owners were noticed but none 19
responded or attended the Planning Commission public hearing. 20
21
Mayor Flaherty asked staff to contact residents between first and second reading to advise them 22
of this action and date of the second reading. 23
24
MOTION/SECOND: Gunn/Hull. To Waive the First Reading and Introduce Ordinance 840, To 25
Rezone Three Properties from R-2, Single and Two Family Residential, to R-1, Single-Family 26
Residential: 7301 Park View Drive, 7441 Park View Terrace and 2760 Woodale Drive. 27
28
Ayes – 5 Nays – 0 Motion carried. 29
30
F. Resolution 7536, Approving an Agreement with MN Metro North Tourism. 31
32
Economic Development Specialist Steinmetz reviewed the Council’s past consideration to leave 33
Visit Minneapolis North, a visitor’s bureau, and join the newly formed MN Metro North 34
Tourism. She noted clarifying changes staff made to the agreement and presented staff’s 35
recommendation for approval of the agreement with MN Metro North Tourism. 36
37
Council Member Mueller noted the contract didn’t specify and asked when does the Bureau 38
provide a copy of monthly financial statements. Economic Development Specialist Steinmetz 39
explained that the statements will be provided at each monthly meeting but the City can request 40
financials at any time. Council Member Mueller supported requiring the reports quarterly if that 41
is what the former Bureau did. 42
43
Mayor Flaherty stated his concern that the Blaine National Sports Center not get all of the 44
advertisement. Economic Development Specialist Steinmetz stated that is one of the reasons she 45
Mounds View City Council December 14, 2009
Regular Meeting Page 6
chose to serve on the Bureau’s executive committee, to assure that Mounds View does not get 1
overlooked in its regional marketing. She also explained how a Mounds View business could get 2
advertisement if it is not a lodging business. 3
4
Council Member Stigney noted the resolution indicates the Council approves “an agreement” and 5
asked if it should reference the agreement that is attached. Attorney Riggs recommended the 6
language be revised to indicate: “Convention and Tourism Agreement.” 7
8
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7536, 9
Approving a Convention and Tourism Agreement with Minnesota Metro North Tourism. 10
11
Council Member Stigney noted the resolution does not address the frequency of financial 12
reporting. Economic Development Specialist Steinmetz indicated language will be added to 13
require financial reports, at a minimum, on a quarterly basis. 14
15
Council Members Gunn and Mueller agreed to this friendly amendment. 16
17
Ayes – 5 Nays – 0 Motion carried. 18
19
G. Resolution 7544, Setting the 2010 City Council Meeting Dates, Staff Retreat, 20
and the 2010 Town Hall Meeting. 21
22
Assistant Clerk-Administrator Crane presented the 2010 meeting calendar, noting the reschedule 23
to two Council meetings due to legal holidays. The Council discussed available dates for the 24
staff/Council retreat. 25
26
MOTION/SECOND: Flaherty/Gunn. To Waive the Reading and Adopt Resolution 7544, 27
Setting the 2010 City Council Meeting Dates for the Mounds View City Council, and to schedule 28
the staff/Council retreat on February 12, 2010 from 5-9 p.m. at the Random Park building with 29
an alternate date of February 11, 2010 (if needed), and the Town Hall meeting on March 29, 30
2010 from 6-9 p.m. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
H. Resolution 7537, Approving Various Appointments to the City’s Boards, 35
Commissions, and Committees. 36
37
Assistant Clerk-Administrator Crane presented appointments to the City Boards, Commissions, 38
and Committees. 39
40
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7537, 41
Reappointing Member to Various Mounds View Commissions and Committees, as revised to 42
appoint Holly Smith to the Planning Commission. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council December 14, 2009
Regular Meeting Page 7
1
I. Resolution 7538, Approving the 2009 Pay Equity Report and Pay Equity 2
Wage Adjustments. 3
4
Assistant Clerk-Administrator Crane explained that Minnesota State law requires all public 5
jurisdictions to eliminate any sex-based wage inequities in compensation. She presented the 6
findings of the consultant’s salary compensation study and HAY point job classification that 7
seven female positions are not compliant under Minnesota Pay Equity Law. Pay equity 8
adjustments of 2% are required by State law and not considered cost of living. 9
10
Mayor Flaherty asked about the cost. Finance Director Beer estimated $12,000, which was 11
factored into the 2010 budget. 12
13
Council Member Stigney asked if it was based on equivalent pay points. Assistant Clerk-14
Administrator Crane explained the information is calculated using State provided software. 15
16
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7538, 17
Approving the City’s 2009 Pay Equity Report and Pay Equity Salary Adjustments. 18
19
Ayes – 5 Nays – 0 Motion carried. 20
21
J. Personnel Manual Revisions. 22
1. Resolution 7539, Revising Section 3.10 of the Personnel Manual 23
Pertaining to Holidays. 24
25
Clerk-Administrator Ericson presented staff’s recommendation to correct a language deficiency 26
in the Personnel Manual relating to holidays that fall on a weekend. 27
28
Council Member Stigney asked now many holidays are involved and the effect if the language is 29
not changed. Clerk-Administrator Ericson stated City staff receives 12 and State employees 30
receive 13 holidays. Currently, if Christmas falls on Saturday, the day before is a holiday. Since 31
December 24 is already a holiday, staff would lose a paid holiday. Council Member Stigney 32
asked about turning a holiday into a floating holiday instead of closing the City Hall. He felt the 33
intent of the Christmas holiday was to take time off for the holiday so it should be used at 34
Christmas, not as a floating day. In addition, it would be easier for department heads to schedule 35
than if used as a floating holiday. Clerk-Administrator Ericson recommended the City not 36
deprive residents of City Hall staff by closing City Hall on December 23 or 30. 37
38
Council Member Gunn stated the revised languages clears up some situations and asked about 39
2011 when Christmas falls on Saturday and Sunday. Clerk-Administrator Ericson stated it is the 40
Council’s prerogative in how to handle holiday language. What is being presented is to allow 41
City Hall to remain open where otherwise it would be closed on the preceding day. 42
43
Council Member Mueller stated she agreed with staff’s recommendation since people will be 44
coming to the City Hall when all other businesses are open. She stated she also understands 45
Mounds View City Council December 14, 2009
Regular Meeting Page 8
Council Member Stigney’s point that it could be easier for department heads to adjust staffing 1
levels without floating holidays but business occurs on a day-to-day basis so her inclination is to 2
go with staff’s recommendation to continue business on days not recognized as national holidays. 3
4
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7539, 5
Approving Revisions to Section 3.10 of the Mounds View Personnel Manual. 6
7
Council Member Stigney stated he thinks it should be a Christmas holiday and not a floating 8
holiday, which is more difficult for department heads to manage. 9
10
Mayor Flaherty stated he understands that concern but has no problem with staff’s 11
recommendation since it allows City Hall to be open and it is an isolated situation. 12
13
Ayes – 4 Nays – 1 (Stigney) Motion carried. 14
15
2. Resolution 7548, Revising Section 3.45 of the Personnel Manual 16
Pertaining to the Non-Union Retirement Health Savings Plan. 17
18
Clerk-Administrator Ericson presented the revision to Section 3.45 regarding the Retirement 19
Health Savings Plan, which is revenue neutral to the City. 20
21
Council Member Stigney asked whether approval of the revision would put restrictions on the 22
City. City Attorney Riggs stated it would not because it can be changed by the will of the 23
Council at any time. 24
25
Council Member Mueller requested clarification of language indicating “shall contribute” instead 26
of “may contribute.” Finance Director Beer explained that during the IRS audit, it was indicated 27
it has to be a mandatory plan because if it is a choice, then it is a taxed benefit. 28
29
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7548, 30
Revising Section 3.45 of the Mounds View Personnel Manual pertaining to Contributions made 31
by Non-Union Employees to their Retirement Health Savings Plan. 32
33
Ayes – 5 Nays – 0 Motion carried. 34
35
K. Resolution 7540, Authorizing an Abatement of Nuisance Code Violations 36
(2070 Terrace Drive). 37
38
Community Development Director Roberts presented the abatement and nuisance code violations 39
found at 2070 Terrace Drive, the notification process followed, and staff’s recommendation to 40
move forward with abatement. 41
42
Council Member Stigney asked if this owner contacted the City since the notice of hearing. 43
Community Development Director Roberts advised a written letter was received. 44
45
Mounds View City Council December 14, 2009
Regular Meeting Page 9
Council Member Mueller asked whether this property has been a problem in the past. 1
Community Development Director Roberts advised that debris cleanup was done behind the 2
garage and the owner was ordered to paint the property several years ago. Council Member 3
Mueller asked if any concessions can be made because of the winter weather conditions. 4
Community Development Director Roberts stated the Council can make such a concession but it 5
may be easier to facilitate tree and brush removal when the ground is frozen. 6
7
Council Member Stigney noted the resolution says to do the work in five calendar days and asked 8
if that is adequate time. Community Development Director Roberts explained the resolution 9
suggests the City would not take any action for at least five days so if ordered tonight, the 10
property owner has five more days. He felt it was adequate time but noted the Council can 11
extend that time period, if desired. 12
13
Council Member Mueller stated it may be that this task is so overwhelming the resident might 14
welcome assistance from the City so she favors moving forward. 15
16
Council Member Hull stated his support to give the woman and her son a break, noting the son 17
who may walk to work at The Mermaid, might be living in the house. He indicated that five days 18
may not be long enough and suggested 15 days. 19
20
Council Member Gunn stated support for five days because the snow depth will not get any less 21
deep and it needs to be addressed if someone is living there and the gas is not turned on. 22
23
Mayor Flaherty stated staff has put a lot of time into this and it is not the first time the property 24
has violated City code. He noted the letter sent on December 7 outlined steps that would be 25
taken so giving five more days actually allows 15 days from the date of that letter. 26
27
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7540, 28
Authorizing Abatement of Nuisance Code Violations at 2070 Terrace Drive, Mounds View, 29
Minnesota, 55112. 30
31
Council Member Stigney referenced the property owner’s letter indicating she would “call today” 32
about taking away the trees and branches so he felt five days was appropriate. 33
34
Council Member Mueller noted this is a situation where a neighbor needs help and someone 35
reported concern. She reviewed how residents can gain assistance for such a situation and 36
encouraged residents, during this season of giving, to help their neighbor if they are struggling. 37
38
Ayes – 5 Nays – 0 Motion carried. 39
40
L. Resolution 7541, Authorizing an Abatement of Nuisance Code Violations 41
(2065 Hillview Road). 42
43
Community Development Director Roberts presented the abatement and nuisance code violations 44
found at 2065 Hillview Road, a 4-plex, the notification process followed, and staff’s 45
Mounds View City Council December 14, 2009
Regular Meeting Page 10
recommendation to move forward with abatement. 1
2
Council Member Mueller noted this is a rental property and asked if it has a license. Community 3
Development Director Roberts indicated the property does have a license and one or two units 4
are occupied. He noted it would be a violation of the Fire Code if all four units were occupied 5
but only two are occupied and there is a front entrance for access. 6
7
Mayor Flaherty agreed with the need to address this matter because the City’s number one duty is 8
the resident’s safety and welfare. Community Development Director Roberts advised that the 9
Public Works staff barricaded the area of the hole to provide more protection. 10
11
The Council discussed the action to be taken and whether the occupancy permit should be 12
rescinded. A reluctance was expressed about rescinding the permit due to the impact on 13
residents of the 4-plex. The Council also discussed the option of hiring someone to install the 14
property owner’s exterior door and potential liability issues that could result. 15
16
Clerk-Administrator Ericson recommended the Council not take action to structurally alter the 17
building in case of liability issues. He suggested staff fill in the hole by the foundation and 18
restrict the building owner from leasing the two vacant units. Clerk-Administrator Ericson stated 19
the City can immediately post the two vacant units as “do not occupy” and require the exterior 20
door to be installed within a certain period of time. If the owner does not comply, the Council 21
can consider action to pull the rental license and force relocation of the tenants. 22
23
Council Member Hull noted language in the resolution applies to the City fixing the door. Clerk-24
Administrator Ericson recommended the resolution be revised to just address filling the hole, 25
associated cleanup, and removal of debris. Staff will add language that the vacant units are 26
uninhabitable and the property owner is to have the second access point functional to satisfy 27
requirements of the Code, including obtaining a building permit. The Council agreed that 30 28
days is adequate and if not addressed by that time, it will address the rental licensing. 29
30
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7541, 31
Authorizing Abatement of Nuisance Code Violations at 2065 Hillview Road, Mounds View, 32
Minnesota, Minnesota 55112, as revised above. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
M. Resolution 7545, Approving a Revised Position Description and Authorizing 37
the Advertisement for Hiring a Public Works Supervisor. 38
39
Public Works Director DeBar noted the Public Works Supervisor position has been vacant since 40
December of 2006. He presented staff’s recommendation to fill this position and detailed how it 41
would provide a lot of efficiency and cost savings in both the short- and long-term. Public 42
Works Director DeBar noted he is a licensed civil engineer and can do work in-house instead of 43
hiring a consultant. He estimated a possible savings of $750,000 over the years of the street 44
improvement projects. Public Works Director DeBar reviewed future staffing considerations, 45
Mounds View City Council December 14, 2009
Regular Meeting Page 11
presented a revised position description, and hiring schedule. If approved, the position would be 1
advertise, candidates interviewed in January, the finalist selected by the end of January, a 2
recommendation presented to the Council for hiring, and the position to start in early March. 3
4
Council Member Mueller noted that just over $3.3 million of street and highway expenditures are 5
budgeted in 2010 and fees for consultants are typically between 20-25% of that figure. However, 6
if the City can save even 10% it would be $330,000 from the 2010 budget. If using a very 7
conservative 5%, it would save $165,000. She asked if hiring a Public Works Supervisor would 8
cost $165,000. Public Works Director DeBar stated at Step 3, wages plus benefits would equal 9
about $85,000. Finance Director Beer advised that $75,000 is in the 2010 budget, half paid from 10
the Water Sewer Fund and half from the General Fund. Council Member Mueller stated if this 11
position is filled, the City not only realizes a potential savings from engineering and consulting 12
costs on street projects but also the opportunity for efficiencies in the department. Public Works 13
Director DeBar stated that is correct and he is convinced they can find a lot of efficiency. 14
15
The Council discussed the job responsibilities. Public Works Director DeBar stated this position 16
will focus on operation and maintenance issues, help with engineering to write specs and conduct 17
inspections, so someone with a background in construction management would be a good fit. 18
Public Works Director DeBar reviewed potential savings in consultant fees based on CIP 19
projects, estimating a conservative figure of $135,000 without purchasing new software or hiring 20
additional staff. 21
22
Mayor Flaherty stated that he wasn’t convinced this was a good time to add personnel but Public 23
Works Director DeBar has indicated the City will save money on consulting fees. Public Works 24
Director DeBar stated he will document what has been done and savings realized in the quarterly 25
report. 26
27
Mayor Flaherty indicated his preference to not post a salary range since a lot of qualified people 28
are currently unemployed and would love an opportunity to work for the City. Clerk-29
Administrator Ericson stated the City sometimes posts a range, a maximum, or minimum, but it 30
is up to the Council. He stated the City can post an anticipated stating salary at Step 1 and 31
indicate it depends on qualifications. 32
33
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7545, 34
Approving a Revised Position Description and Authorizing the Advertisement for Hiring a 35
Public Works Supervisor, as revised to remove the salary range. 36
37
Council Member Stigney stated this is not the time to hire a new department head and suggested 38
adjusting the department by promoting existing personnel, not hiring from the outside. 39
40
Mayor Flaherty stated he looked forward to staff’s quarterly reports showing the savings. 41
42
Council Member Stigney asked what this position will cost the City next year. Public Works 43
Director DeBar stated he thinks this position will offset consulting fees the first year if the 44
position is filled at Step 1. He noted that internal applications may be considered. 45
Mounds View City Council December 14, 2009
Regular Meeting Page 12
1
Ayes – 4 Nays – 1 (Stigney) Motion carried. 2
3
N. Resolution 7546, Authorizing Construction Contract for City Hall Electrical 4
Service Entrance Modifications. 5
6
Public Works Director DeBar presented three quotes to provide a secondary source of electrical 7
service for the City Hall ranging from $17,525 to $26,545, noting the engineer’s estimate was 8
$25,000. He requested authorization to award the contract to High Mark Electric from Stacy, 9
Minnesota. 10
11
Council Member Mueller asked why this wasn’t initially done when the City Hall was remodeled 12
several years ago. Clerk-Administrator Ericson stated at the time of the remodel it may not have 13
been discussed to include a generator. 14
15
Finance Director Beer advised that final payment has not yet been made on the generator. The 16
City is holding a 5% retainage because several repairs are needed. 17
18
Mayor Flaherty asked what will happen with the building. Public Works Director DeBar 19
described the receptacle panel that will be placed by the Police parking lot and work to be done 20
inside the sally port. The bid includes a 10% contingency in case something unforeseen comes 21
up. Public Works Director DeBar advised that the generator is trailer mounted and currently 22
located within a secured fence at one of the City’s wells. 23
24
Council Member Stigney stated his understanding the generator was to be portable for the well so 25
it should be stored at that location and moved to City Hall only if needed for an Emergency 26
Operations Center (EOC). He noted the City already has a secondary EOC at the Fire 27
Department. Public Works Director DeBar noted the fire station on County Road 10 does not 28
have back up power. He advised the recommended quote was a good value at $20,000, which 29
included consulting fees. Council Member Stigney stated the City has never needed an EOC but 30
he would support staff’s recommendation, though with hesitancy. 31
32
Mayor Flaherty agreed the generator was purchased with the intent it would be multi-use so he 33
questioned why it would be parked at City Hall. Public Works Director DeBar stated if the 34
generator is being used, it would be placed in the sally port. 35
36
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7546, 37
Authorizing Construction Contract for City Hall Electrical Service Entrance Modifications. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
O. Resolution 7547, Authorizing Purchases for the Mounds View Community 42
Center Gymnasium Floor Refinishing. 43
44
This item was removed upon adoption of the agenda. 45
Mounds View City Council December 14, 2009
Regular Meeting Page 13
1
8. CONSENT AGENDA 2
3
Mayor Flaherty asked to remove Item E. 4
5
A. Licenses for Approval. 6
B. Resolution 7542, Approving Therapeutic Massage License Renewals. 7
C. Resolution 7543, Approving the Recording Secretary Service Agreement with 8
TimeSaver Off Site Secretarial, Inc. 9
D. Set a Public Hearing for Monday, January 11, 2010, at 7:05 p.m. for the 10
Second Reading and Adoption of Ordinance 840, Rezoning Three Properties 11
from R-2 to R-1. 12
E. Resolution 7533, Authorizing Approval of a Contract for Animal 13
Impoundment Services with the Brighton Veterinary Hospital. 14
15
MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda Items A-D. 16
17
Ayes – 5 Nays – 0 Motion carried. 18
19
E. Resolution 7433, Authorizing Approval of a Contract for Animal 20
Impoundment Services with the Brighton Veterinary Hospital. 21
22
Mayor Flaherty explained that while the Council may want to use the animal hospital located in 23
Mounds View, it does not offer impoundment. 24
25
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7533, 26
Authorization to Approve a Contract for Animal Impoundment Services with the Brighton 27
Veterinary Hospital. 28
29
Council Member Mueller asked what the City has paid in the past and how often the services are 30
used. Clerk-Administrator Ericson stated Deputy Police Chief Kinney negotiated with the 31
Brighton Veterinary Hospital to have the same fee in 2010 and the amount paid by the owners of 32
stray animals is deducted from the City’s fee. He advised there is not a better alternative 33
available and the City has 24/7 access to their facility under this contract so it is a good deal for 34
the City. 35
36
Ayes – 5 Nays – 0 Motion carried. 37
38
WAIVE RULES AND EXTEND MEETING 39
40
MOTION/SECOND: Mueller/Gunn. To Waive the Rules and extend the meeting for 30 41
minutes. 42
43
Ayes – 5 Nays – 0 Motion carried. 44
45
Mounds View City Council December 14, 2009
Regular Meeting Page 14
9. JUST AND CORRECT CLAIMS 1
2
Finance Director Beer answered the Council's questions related to claims. 3
4
MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as Presented. 5
6
Ayes – 5 Nays – 0 Motion carried. 7
8
10. APPROVAL OF MINUTES 9
A. October 26, 2009, City Council Meeting Minutes. 10
11
MOTION/SECOND: Mueller/Hull. To approve the October 26, 2009, City Council Meeting 12
Minutes as revised to correct the spelling of Council Member Mueller’s name, top of Page 1. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
B. November 9, 2009, City Council Minutes. 17
18
MOTION/SECOND: Mueller/Hull. To approve the November 9, 2009, City Council Meeting 19
Minutes as revised on Page 10, Line 29, to insert a new agenda subtitle: “2. Community 20
Development Report.” 21
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Ayes – 5 Nays – 0 Motion carried. 23
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C. November 23, 2009, Executive Session Minutes (A). 25
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MOTION/SECOND: Gunn/Hull. To approve the November 23, 2009, Executive Session 27
Minutes (A) Meeting Minutes as presented. 28
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Ayes – 5 Nays – 0 Motion carried. 30
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D. November 23, 2009, Executive Session Minutes (B). 32
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MOTION/SECOND: Gunn/Hull. To approve the November 23, 2009, Executive Session 34
Meeting Minutes (B) as presented. 35
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Ayes – 5 Nays – 0 Motion carried. 37
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E. November 23, 2009, City Council Minutes. 39
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MOTION/SECOND: Gunn/Hull. To approve the November 23, 2009, City Council Meeting 41
Minutes as revised on Page 7, Line 17, to indicate: “Council Members Gunn and Mueller 42
expressed doubt that anyone currently serving on the Cable Committee would volunteer.” And to 43
change “Cable Commission” to “Cable Committee” throughout. 44
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Mounds View City Council December 14, 2009
Regular Meeting Page 15
Ayes – 5 Nays – 0 Motion carried. 1
2
11. REPORTS 3
A. Reports of Mayor and Council. 4
5
Mayor Flaherty announced a vacancy on the Rice Creek Watershed District and encouraged 6
residents to make application. He reference a recent news article and asked the Public Works 7
staff to assure the City’s low energy LED semaphore signal lights were free of ice and snow. 8
9
Council Member Mueller stated her appreciation to residents for their calls and correspondence 10
regarding issues they wanted her to research and the partnership between the community, the 11
Mayor, Council and staff. She wished all a wonderful and safe holiday season and thanked those 12
who took the effort to put up Christmas lights for all to enjoy. Council Member Mueller stated 13
she looks forward to the completion of street projects, is grateful to all who contributed to the 14
success of that project, and encouraged residents to become a community volunteer. 15
16
B. Reports of Staff. 17
18
Clerk-Administrator Ericson provided an update on the Aviation Plan of the Metropolitan 19
Council’s Technical Advisory Committee and feedback that LGA may not be received in 2010 20
but the Governor will not unallot 2009 LGA. Clerk-Administrator Ericson informed the Council 21
of upcoming meetings and a grant opportunity to showcase energy retrofits. 22
23
Finance Director Beer advised staff is negotiating with Clear Wireless for tower space. 24
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1. Announce Cancellation of the December 28, 2009, City Council 26
Meeting. 27
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Mayor Flaherty noted 2009 has been a trying year and wished all a happy and safe holiday season 29
and New Year. 30
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C. Reports of City Attorney. 32
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City Attorney Riggs wished all a happy holiday and New Year. 34
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12. Next Council Work Session: Monday, January 4, 2010, at 7 p.m. 36
Next Council Meeting: Monday, January 11, 2010, at 7 p.m. 37
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13. ADJOURNMENT 39
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The meeting was adjourned at 10:38 p.m. 41
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Transcribed by: 43
Carla Wirth 44
TimeSaver Off Site Secretarial, Inc. 45