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HomeMy WebLinkAboutAgenda Packets - 2010/02/22CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, February 22, 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. Presentation by the YMCA, update on MVCC Programs and Operations. 7. COUNCIL BUSINESS A First Reading of Ordinance 841, an Ordinance Amending the Mounds View City Charter by Changing Title of Clerk-Administrator to City Administrator B. Resolution 7580, Re-approval of the Final Plat for the Select Senior Living Development at Highway 10 & Groveland Road C. Resolution 7578, Authorizing the Purchase of Lumber and Mailboxes for the 2010 SUIP – Area B/C D. Resolution 7581, Authorizing a Step Increase for James Ericson, Clerk- Administrator E. Resolution 7583, Amending Policy Requiring Cable Broadcasting of City Business Conducted at Open Public Meetings at Mounds View City Hall F. Resolution 7584, Approving Transfers between Funds for the Year 2009 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7582, Authorizing Support of the Mounds View Community Theatre Consistent with the City's Policy in Support of Artistic Organizations C. Resolution 7579, Approval to Purchase 800 MHz Radios in Accordance with Federal UASI Grant Funds Awarded to Ramsey County Emergency Management D. Set a Public Hearing for 7:05 pm, Monday, March 8, 2010, to Consider the Second Reading and Adoption of Ordinance 841, an Ordinance Changing the Title of Clerk- Administrator to City Administrator and Amending Sections 6.03 and 6.04 of the Mounds View City Charter E. Resolution 7585, Approving a Policy Establishing Reservation Priority for Use of City Athletic Fields. City Council Agenda Monday, February 22, 2010 Page 2 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. January 11, 2010, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Town Hall Meeting – Monday, March 29, 2010 2. 2009 Volunteer Coach of the Year and 2009 Citizenship Award 3. Minnesota Metro North Tourism Update 4. Public Works Annual Report 5. Police Chief Search Update 6. Review Draft 2010 Goals and Priorities 7. Review March 2010 Work Session Agenda C. Reports of City Attorney 12. Next Council Work Session: Monday, March 1, 2010, at 7 p.m. Next Council Meeting: Monday, March 8, 2010, at 7 p.m. Item No: 7A Meeting Date: Feb 22, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: First Reading and Introduction of Ordinance 841, an Ordinance Amending the Mounds View City Charter by Changing the Title of Clerk-Administrator to City Administrator Introduction: In 2009, the Charter Commission was asked to consider amending the Charter to update the title of the Clerk-Administrator position to a more commonly used title, such as City Administrator. Discussion: The Charter Commission discussed the potential title change at many meetings, reviewing Minnesota Statutes, League of Minnesota Cities documentation and reports, the Mounds View City Code and other references in their analysis. Some concern was expressed that in changing the title, a resident may not know who in the City was responsible for “clerk” duties as defined in MN Statutes. After much deliberation, the Commission adopted Resolution 2009-03e, which is attached. In addition to replacing all occurrences of “Clerk- Administrator” with “City Administrator”, Sections 6.03 and 6.04 were amended to clarify duties and responsibilities of the administrator and treasurer. To address the concern about statutory clerk responsibilities, Section 6.03 was amended to reference MN Statues. Also in Section 6.03, the long list of duties and responsibilities were proposed to be deleted and replaced with a reference to the same duties listed in Chapter 106 of the City Code. Recommendation: Staff recommends approval of the first reading and introduction of Ordinance 841, an ordinance changing the title of Clerk-Administrator to City Administrator throughout the Charter and amending specific Sections 6.03 and 6.04 relating to the duties of the administrator and treasurer. The second reading and public hearing will be scheduled for March 8, 2010. Respectfully submitted, ________________________ James Ericson Clerk - Administrator ORDINANCE 841 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY CHANGING ALL OCCURRENCES OF “CLERK-ADMINISTRATOR” TO “CITY ADMINISTRATOR” AND REVISING SECTIONS 6.03 AND 6.04 REGARDING DUTIES OF THE ADMINISTRATOR AND TREASURER THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission in Resolution 2009-03e, does hereby determine that all occurrences of the title “Clerk-Administrator” throughout the City Charter be replaced with “City Administrator”. SECTION 2. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission in Resolution 2009-03e, does hereby amend Section 6.03 of the City Charter, with additions underlined and deletions stricken as follows: Section 6.03. Duties of the Clerk-Administrator City Administrator. The duties of the City Administrator shall be specified in Chapter 106 of City Code, as amended, and shall include those in MN State Statute for City Clerk unless otherwise assigned in City Code. The Council shall provide for the designation, delegation and/or assignment of some or all the duties to other city staff as needed. Subdivision 1. The duties of the Clerk-Administrator of the municipality shall include the duties of the Clerk in a statutory city. The Clerk-Administrator shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their elections or appointments to office, certify to the county auditor all appointments and the results of all municipal elections. The Clerk-Administrator shall also have the duties set forth in the following subdivisions: Subdivision 2. The Clerk-Administrator shall keep a minute book noting therein all proceedings of the Council. Subdivision 3. The Clerk-Administrator shall keep an ordinance book in which shall be recorded in their entirety all ordinances passed by the Council. Subdivision 4. The Clerk-Administrator shall keep an account book in which shall be entered all money transactions of the municipality, including the dates and amounts of all receipts, and the person from whom the money was received, and all orders drawn upon the Treasurer with their payee and object. Ordinance 841 Page 2 Subdivision 5. Ordinances, resolutions and claims considered by the Council need not be given in full in the minute book if they appear in other permanent records of the Clerk-Administrator, and can be accurately identified from the description given in the minutes. The Clerk-Administrator shall act as the Clerk and bookkeeper of the municipality, shall be the custodian of its seal and records, shall sign its official papers, shall post and publish such notices, ordinances as may be required, and shall perform such other appropriate duties as may be imposed upon by the Council. For certified copies and for filing and entering, when required, papers not relating to municipal business, the Clerk- Administrator shall receive the fees allowed by state law to town clerks; but the Council may require the Clerk-Administrator to pay such fees to the municipal treasury. With the consent of the Council, the Clerk-Administrator may appoint a deputy for whose acts that person shall be responsible and whom may be removed at pleasure. In case of the Clerk-Administrator's absence from the municipality or disability, the Council may appoint a Deputy Clerk-Administrator, if there is none, to serve during such absence or disability. The Deputy may discharge any of the duties of the Clerk-Administrator. Subdivision 6. The Clerk-Administrator shall supervise the administration as provided by this Charter and Council action. Subdivision 7. The Clerk-Administrator shall prepare reports and summaries relating to contemplated municipal projects and/or improvements, and submit them with recommendations, as may be required, to the Council for study and subsequent action. Subdivision 8. The Clerk-Administrator shall prepare an annual fiscal budget and capital improvement plan for submission to the Council. The Clerk-Administrator shall maintain financial guide lines for the municipality within the scope of the approved budget and capital program. Subdivision 9. The Clerk-Administrator shall prepare the annual financial statement and such other statements that are required by statute. Subdivision 10. The Clerk-Administrator shall attend all Council meetings and provide input to the Council. The Clerk-Administrator may with discretion, or by invitation, attend other committee and commission meetings. Subdivision 11. The Clerk-Administrator shall supervise municipal employees, programs and activities, unless otherwise directed by the Council. Subdivision 12. The Clerk-Administrator shall submit periodic reports to the Council on the financial condition of the municipal accounts. Subdivision 13. The Clerk-Administrator shall supervise the conduct of local elections in accordance with the prescribed laws and regulations. Subdivision 14. The Clerk-Administrator shall advise the Council in decisions affecting the employment or removal of department heads and appointed officials. Subdivision 15. The Clerk-Administrator shall work in cooperation with the Council's appointed attorney and engineer. Ordinance 841 Page 3 Subdivision 16. The Clerk-Administrator shall prepare news releases and develop and discuss public relations material with all concerned as required. The Clerk-Administrator shall maintain good public relations with the general public. Subdivision 17. The Clerk-Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 18. The Clerk-Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Subdivision 19. The Clerk-Administrator shall advise the Council on the terms and conditions of employee labor contracts for presentation to the Council. Subdivision 20. The Clerk-Administrator shall prepare an annual report to inform the public about the financial condition of the City. Subdivision 21. The Clerk-Administrator shall perform all other duties required by the Council. SECTION 3. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission in Resolution 2009-03e, does hereby amend Section 6.04 of the City Charter, with additions underlined and deletions stricken as follows: Section 6.04. City Treasurer. The Council shall appoint a Treasurer. This office shall be separate from that of the Clerk-Administrator City Administrator and shall include those duties for Treasurer in MN State Statute unless otherwise assigned in City Code. The duties of the Treasurer shall be specified by state law for the Treasurer in a statutory city. SECTION 4. This ordinance shall take effect ninety days after the date of its publication. First Reading and Introduction: Feb 22, 2010 Second Reading and Adoption: March 8, 2010 Publication Date: March 18, 2010 Effective Date: June 16, 2010 Adopted this 8th day of March, 2010. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Michael Haubrich 612-237-2859 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Brian Amundsen 763-786-5699 Bill Doty 763-786-3421 Jason R Reiling 763-350-3013 Resolution No. 2009-03e Mounds View Charter Commission Feb 10, 2010 Whereas, the Mounds View Charter Commission has reviewed the requests for updates to sections of the Mounds View Charter that are deemed necessary for the City of Mounds View to have the Mounds View Charter refer to the person serving as the “Administrator” be referred to as the “City Administrator” rather than the “Clerk-Administrator” for consistency in the many documents maintained by the city and for better understandability of the term, and Whereas, a review of MN State Statutes does not reveal any legal distinction between the titles, Therefore, the Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined language and by the deletion of the Red and stricken language. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. Section 1.01. Name and Boundaries. The City of Mounds View, Ramsey County, Minnesota shall continue to be a municipal corporation under that name and with the same boundaries as now are or hereafter may be established. The Clerk-Administrator City Administrator shall keep at least two copies of this Charter with amendments, and shall maintain in each copy an accurate up-to-date description of the boundaries. The copies of the Charter, amendments, and boundary descriptions shall be available for public inspection anytime during regular office hours. Section 2.05. Vacancies. A vacancy in the Council, whether it be in the office of Mayor or Councilmember, shall be deemed to exist in case of the failure of any person elected thereto to qualify, or by reason of the death, resignation in writing filed with the Clerk-AdministratorCity Administrator, removal from office, non-residence in the City, conviction of a felony of any such person after their election, or by reason of the failure of any Councilmember without good cause to attend Council meetings for a period of three consecutive months. In each such case the Council shall by resolution declare the vacancy to exist. Section 3.06. Emergency Ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare, in which ordinance the emergency is defined and declared in a preamble thereto. An emergency ordinance must be approved by a majority of available members of the City Council. An emergency ordinance must be in writing but may be enacted without previous filing or voting, and may be adopted finally at the meeting at which it is first introduced and voted upon by the Council. An emergency ordinance shall remain in effect for the duration of the emergency. Resolution 2009-03b Page 2 of 10 No prosecution shall be based upon the provisions of an emergency ordinance until twenty-four hours after the ordinance has been adopted, filed with the Clerk-AdministratorCity Administrator, and has either been posted in three conspicuous places in the City, or published as provided for in this Charter, or the person charged with violation thereof had actual notice of the ordinance prior to the act or omission resulting in the prosecution. Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall be signed by the Mayor, and attested to, filed and preserved by the Clerk-AdministratorCity Administrator. Every ordinance shall be published at least once in the official newspaper no earlier than eight (8) calendar days nor later than seventeen (17) calendar days from the date of passage, either in its complete form preceded by a summary of its contents or as a title and summary.1 (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than brevier or eight-point type. A copy of any new ordinance may be obtained from the City at no cost. The entire text of the ordinance shall be posted on the City’s web site, if there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy shall also be available in the community library, if there is one, or if not, in any other public location which the Council designates. In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the Council may by a four-fifths vote of its members, direct that only the title of the ordinance and a summary be published, with notice that a printed copy of the ordinance is available for inspection during regular office hours at the office of the Clerk-AdministratorCity Administrator. Prior to the publication of the title and summary, the Council shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance, and shall further state that the complete text of the ordinance is on file at the office of the Clerk-AdministratorCity Administrator. The publishing of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published. A copy of the publication shall be attached to and filed with the ordinance for reference. To the extent and in the manner provided by law an ordinance may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without publishing the material referred to in full, so long as the complete reference to the item is included. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Section 3.11. Review and Revision of Ordinances and Indexing of Resolutions. The City shall review, revise and rearrange its ordinance code and its resolution index with such additions and deletions as may be deemed necessary by the Council at least once every two years. The ordinance code and the resolution index may be published in book, pamphlet, or loose-leaf form, and copies shall be made available by the Council at the office of the Clerk-Administrator City Administrator for general distribution to the public for a reasonable charge. Incorporation in such a code shall be a sufficient publication of any ordinance provision not previously published, if a notice is placed in the official newspaper for at least two successive weeks that copies of the codification are available at the office of the Clerk-AdministratorCity Administrator. 1 It is the intent of the Charter Commission that the Council will determine which is less costly. Resolution 2009-03b Page 3 of 10 Section 4.01. The Regular Municipal Election. A regular municipal election shall be held on the first Tuesday after the first-Monday in November of each even numbered year commencing in 1980 at such places as the City Council shall designate. At least fifteen days prior notice shall be given by the Clerk-Administrator City Administrator by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time and the places of holding such election and of the officers to be elected. Failure to give such notice shall not invalidate such election. Elected and qualified officers provided for by this Charter shall assume the duties of office to which they were elected on the first business day in January following such election. Section 4.02. Filing for Office. Subdivision 1. Pursuant to Minnesota Statute 205.13, as amended, no earlier than seventy days nor later than fifty-six days before any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee of $20 or by filing a petition in compliance with MN Statute 205.13, subd. 4, as amended, to the Clerk- AdministratorCity Administrator, have their name placed on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2004; Filed: May 19, 2004, Amended by Ordinance 759, Adopted June 13, 2005; Filed: June 22, 2005) Section 4.04. Special and Advisory Elections except for Elected Office. The Council shall by resolution order a special or advisory election and provide all means for holding it. At least fifteen days prior notice shall be given by the Clerk-Administrator City Administrator by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time and places of holding such election. Failure to give such notice shall not invalidate such election. Section 4.05. Vacancy of Municipal Elected Office. Subdivision 1. When a vacancy in an elected office of the City occurs with 365 days or more remaining in the term of the vacated office, there shall be a special election held within ninety days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. Subdivision 2. The Clerk-Administrator City Administrator shall give at least sixty days published prior notice of such special election, except as set forth under Subdivision 5 of this section Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a committee of five (5) to ten (10) members who are voters of the City and whose names and addresses must appear on the petition as the Sponsoring Committee. A completed petition consists of one or more pages gathered together as a single document. Each separately circulated page shall contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectfully, to initiative, referendum and recall. The Sponsoring Committee may obtain a sample petition from the Clerk-AdministratorCity Administrator. The Clerk-Administrator City Administrator shall provided the number of signatures for petition sufficiency which is based on the total number of ballots cast for President in the most recent Presidential election. All petition circulators must be voters of the City. Each separate page of the petition must include a certificate signed and dated by the circulator. The certificate shall affirm that each circulator believes the page to contain the genuine signatures of the voters whose names they purport to be and that each signer was presented with the full petition. Each signer of a petition must be a voter of the City and must sign and print their name and give their street address. The completed petition shall be submitted to the Clerk-Administrator City Administrator for review. Any voter whose name appears on a petition may withdraw their name Resolution 2009-03b Page 4 of 10 by filing a statement in writing with the Clerk-Administrator City Administrator before the Clerk- Administrator City Administrator advises the Council of the information related to the sufficiency of the petition or, if such completed petition is deemed insufficient pursuant to this Charter, during any time period that additional signature papers are being circulated by the Sponsoring Committee or reviewed by the Clerk-Administrator City Administrator pursuant to Section 5.04. Consistent with the provisions of this Charter and the applicable state laws and rules, the Council may prescribe by ordinance or resolution, the definition of a frivolous petition. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at least the following: • Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) percent of the total ballots cast for President in the most recent Presidential election. • Petitions for Recall require signatures at least twenty five (25) percent of the total ballots cast for President in the most recent Presidential election. If all requirements have been met, the Clerk-Administrator City Administrator shall report to the Council within ten (10) calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the sufficiency of the petition by resolution. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Section 5.04. Disposition of Insufficient or Frivolous Petition. If the petition appears to be frivolous, the Clerk-Administrator City Administrator shall report to the Council within ten (10) calendars days of receipt of the petition. If the Council determines the petition is frivolous, the Council shall direct the Clerk-Administrator City Administrator to the file the petition as frivolous and no further action shall be taken. If the Clerk-Administrator City Administrator determines that the petition does not meet the requirements for sufficiency and is not determined to be frivolous, a copy of the petition, together with a written statement of its defects, shall be delivered to the Sponsoring Committee and to the Council within ten (10) calendar days of receipt of the completed petition. As specified in this Charter, the Sponsoring Committee shall have a twenty-one (21) calendar days to file additional signature papers and/or to correct the specified insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition, the Clerk-Administrator City Administrator shall determine whether the petition as corrected meets the requirements for sufficiency and shall proceed as directed in Section 5.03. If the petition is still insufficient, the Council shall direct the Clerk- Administrator City Administrator to file the petition as insufficient and notify the Sponsoring Committee within ten (10) calendar days that no further action will be taken. The final finding that the petition is insufficient shall not prejudice the filing of a new petition for the same purpose unless otherwise specified within this Charter. Except in the case of a petition for recall, it shall not prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of the proposed ordinance must be stated at the head of each page of the petition or attached thereto. The petition shall be filed in the Clerk-AdministratorCity Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. If a petition for initiative is determined to be frivolous, it is prohibited from being repeated within one hundred eighty (180) calendar days of the determination. Within sixty (60) calendar days after final determination of the petition’s sufficiency according to Section 5.03 and 5.04 of this Charter, the Council must either adopt an ordinance according to Subdivisions 1 or 2 or pass a resolution to place the measure on a ballot as provided in Subdivision Resolution 2009-03b Page 5 of 10 3. Any amendment to the proposed ordinance must proceed according to Subdivision 2 of this section. If an ordinance is adopted, it shall become effective thirty (30) calendar days after publication unless the ordinance specifies a later effective date. If the vote for adoption fails, the ordinance must be placed on the ballot as provided in Section 5.05. If a ballot measure for a proposed ordinance fails the same measure is prohibited from being brought forward again as an initiative within one hundred eighty (180) calendar days of the election certification. Failure of a ballot measure for a proposed ordinance shall not prevent the Council from proposing a similar ordinance. Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition without amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this adoption process, the ordinance cannot be amended but, if adopted, is subject to the referendum process as defined in Section 5.07. Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the Council, it must be presented to the Sponsoring Committee prior to the first reading of the proposed ordinance. The Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the amended proposed ordinance to disapprove the amendment by majority vote, and file a statement with the Clerk-AdministratorCity Administrator. Upon receipt of a statement of disapproval from the Sponsoring Committee, the Council must either adopt the proposed ordinance, according to Subdivision 1 of this section, or place the ordinance, as presented by the Sponsoring Committee, on the ballot as provided in Section 5.05. If the Sponsoring Committee does not submit a statement of disapproval, the ordinance can proceed, as amended, according to Section 3.05 with no further amendments and, if adopted, is subject to the referendum process as defined in Section 5.07 of this Charter. If the vote for adoption fails, the ordinance, as amended, must be placed on the ballot as provided in Section 5.05. If an amended ordinance is approved at a first reading, the Council may choose to submit the ordinance, as amended, as a ballot measure. Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be subjected to a referendum by a petition which shall state at the head of each page, or attached thereto, the exact text of the measure to be considered by the voters. The Sponsoring Committee must file the completed petition in the office of the Clerk-Administrator City Administrator at least ten (10) calendar days before the ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall be taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be prevented from going into operation, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the Council shall call a special election to be held within such period, providing the petition has been found to be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results the Council must immediately adopt a resolution suspending the effective date of the ordinance until it is decided by a vote of the public. The Council must also immediately pass a resolution to place the measure on a ballot as provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. If the petition does not meet the requirements of sufficiency under the provisions in Section 5.03 of this chapter and is determined not to be frivolous, the Council must adopt a resolution suspending the effective date of the ordinance for thirty (30) Resolution 2009-03b Page 6 of 10 calendar days and the Sponsoring Committee will have twenty-one (21) calendar days in which to file additional signature papers and/or to correct the specified insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the ordinance shall take effect on the date declared by the resolution of suspension. If the corrected petition is declared sufficient according to Section 5.03, the Council must pass a resolution suspending the effective date of the ordinance until it can be decided b y a vote of the public and proceed as previously mentioned in this section. (Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of the City by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the official whose removal is sought, the grounds for recall, which shall be malfeasance or misfeasance in office, in not more than two hundred fifty (250) words, and the intention of the Sponsoring Committee to bring about the official's recall. The petition shall be filed in the Clerk-AdministratorCity Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. The Clerk-Administrator City Administrator shall notify the official sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be frivolous, it is prohibited from being repeated within one year of the determination. If the Council declares the petition sufficient, it shall immediately pass a resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within fourteen (14) calendar days of the declaration of sufficiency, the elected official named by the petition may provide a response for their own course of action in not more than five hundred (500) words. The Clerk-Administrator City Administrator shall include with the published notice of the election, the statement of the grounds for the recall and the response of the official concerned or a statement stating no response was received. If a majority of those voting on the recall vote in its favor, it shall become effective immediately upon certification of the election results. If the majority does not vote in favor, the recall has failed and a petition for recall is prohibited from being repeated for that elected official for one year from the date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. Section 6.01. Administrative Responsibility. The Council as a body, shall be responsible for the administration of the City. The Council shall appoint an administrative officer to assist in the administration of City affairs. For purposes of reference in this Charter, this administrative officer shall be referred to as the Clerk-AdministratorCity Administrator. Section 6.03. Duties of the Clerk-AdministratorCity Administrator. The duties of the City Administrator shall be specified in Chapter 106 of City Code, as amended, and shall include those in MN State Statute for City Clerk unless otherwise assigned in City Code. The Council shall provide for the designation, delegation and/or assignment of some or all the duties to other city staff as needed. Subdivision 1. The duties of the Clerk-Administrator of the municipality shall include the duties of the Clerk in a statutory city. The Clerk-Administrator shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their elections or appointments to office, certify to the county auditor all appointments and the results of all municipal elections. The Clerk-Administrator shall also have the duties set forth in the following subdivisions: Subdivision 2. The Clerk-Administrator shall keep a minute book noting therein all proceedings of the Council. Resolution 2009-03b Page 7 of 10 Subdivision 3. The Clerk-Administrator shall keep an ordinance book in which shall be recorded in their entirety all ordinances passed by the Council. Subdivision 4. The Clerk-Administrator shall keep an account book in which shall be entered all money transactions of the municipality, including the dates and amounts of all receipts, and the person from whom the money was received, and all orders drawn upon the Treasurer with their payee and object. Subdivision 5. Ordinances, resolutions and claims considered by the Council need not be given in full in the minute book if they appear in other permanent records of the Clerk-Administrator, and can be accurately identified from the description given in the minutes. The Clerk-Administrator shall act as the Clerk and bookkeeper of the municipality, shall be the custodian of its seal and records, shall sign its official papers, shall post and publish such notices, ordinances as may be required, and shall perform such other appropriate duties as may be imposed upon by the Council. For certified copies and for filing and entering, when required, papers not relating to municipal business, the Clerk-Administrator shall receive the fees allowed by state law to town Clerks; but the Council may require the Clerk-Administrator to pay such fees to the municipal treasury. With the consent of the Council, the Clerk-Administrator may appoint a deputy for whose acts that person shall be responsible and whom may be removed at pleasure. In case of the Clerk-Administrator's absence from the municipality or disability, the Council may appoint a Deputy Clerk-Administrator, if there is none, to serve during such absence or disability. The Deputy may discharge any of the duties of the Clerk-Administrator. Subdivision 6. The Clerk-Administrator shall supervise the administration as provided by this Charter and Council action. Subdivision 7. The Clerk-Administrator shall prepare reports and summaries relating to contemplated municipal projects and/or improvements, and submit them with recommendations, as may be required, to the Council for study and subsequent action. Subdivision 8. The Clerk-Administrator shall prepare an annual fiscal budget and capital improvement plan for submission to the Council. The Clerk-Administrator shall maintain financial guide lines for the municipality within the scope of the approved budget and capital program. Subdivision 9. The Clerk-Administrator shall prepare the annual financial statement and such other statements that are required by statute. Subdivision 10. The Clerk-Administrator shall attend all Council meetings and provide input to the Council. The Clerk-Administrator may with discretion, or by invitation, attend other committee and commission meetings. Subdivision 11. The Clerk-Administrator shall supervise municipal employees, programs and activities, unless otherwise directed by the Council. Subdivision 12. The Clerk-Administrator shall submit periodic reports to the Council on the financial condition of the municipal accounts. Subdivision 13. The Clerk-Administrator shall supervise the conduct of local elections in accordance with the prescribed laws and regulations. Subdivision 14. The Clerk-Administrator shall advise the Council in decisions affecting the employment or removal of department heads and appointed officials. Resolution 2009-03b Page 8 of 10 Subdivision 15. The Clerk-Administrator shall work in cooperation with the Council's appointed attorney and engineer. Subdivision 16. The Clerk-Administrator shall prepare news releases and develop and discuss public relations material with all concerned as required. The Clerk-Administrator shall maintain good public relations with the general public. Subdivision 17. The Clerk-Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 18. The Clerk-Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Subdivision 19. The Clerk-Administrator shall advise the Council on the terms and conditions of employee labor contracts for presentation to the Council. Subdivision 20. The Clerk-Administrator shall prepare an annual report to inform the public about the financial condition of the City. Subdivision 21. The Clerk-Administrator shall perform all other duties required by the Council. Section 6.04. City Treasurer. The Council shall appoint a Treasurer. This office shall be separate from that of the Clerk-AdministratorCity Administrator and shall include those duties for Treasurer in MN State Statute unless otherwise assigned in City Code. The duties of the Treasurer shall be specified by state law for the Treasurer in a statutory city. Section 7.04 Submission of Budget. Subdivision 1. Annually, on or before the 15th calendar day of September of each year or as specified by MN Statute 275.065, as amended, the Clerk-Administrator City Administrator shall submit to the Council the budget estimates for funds levying property taxes for the ensuing fiscal year and an accompanying summary message in accordance with a budget calendar to be established by resolution. The total proposed operating budget to be provided from the property tax shall not exceed the amounts authorized by state law and this Charter. Consistent with these provisions, the budget shall contain such information and be in the form prescribed by the City Council. The final budget shall provide a complete financial plan for all City funds and activities for the ensuing fiscal year and except as required by state law or this Charter, shall be in such form as the Council may require. It shall include a summary and show in detail all estimated income and all proposed expenditures, including debt service and comparative figures for the current fiscal year, actual and estimated, and the preceding year. In addition to showing proposed expenditures for current operations, it shall show proposed capital expenditures to be made during the year and the proposed method of financing each such capital expenditure. Subdivision 2. For each enterprise operated by the City, its proposed and final budgets shall show income, expenditure, and anticipated net surplus or deficit with the proposed disposition method. Subdivision 3. The Clerk-AdministratorCity Administrator's message shall explain the budget, both in fiscal terms and in terms of the work programs, linking programs to goals of the City and community priorities. It shall outline the proposed financial policies and programs of the City for the ensuing fiscal year and the impact of those policies and programs compared to the Resolution 2009-03b Page 9 of 10 City's current five-year plan, as adopted by the City Council. It shall describe the important features of the budget, indicate any major changes in financial policies, expenditures, and revenues together with the reasons for such changes. It shall summarize the City's debt position for each fund, including factors affecting the ability to raise resources through debt issues, and include such other material as the Clerk-Administrator City Administrator deems desirable or as requested by the City Council. Subdivision 4. Budget Planning Guideline. The purpose of this section is to provide the public with a general time table for the annual budget process. The dates are guidelines and subject to change by the City Council and MN Statute 275.065, as amended. Activity Estimated Time Period Five-Year Plan: Development Jan. 1 to May 1 Five-Year Plan: Public Review May 1 to May 20 Five-Year Plan: Council Approval May 20 to June 1 Annual Budget Calendar: Adopted by Council June 1 Five-Year Plan: Published to Public June 1 to Aug. 1 Annual Budget: Public Input to Department June 1 to Sept 1 Annual Budget: Clerk-Administrator City Administrator Develops Summary and Estimate Proposal for Council Aug. 1 to Sept. 15 Section 7.06. Council Action on Budget. Subdivision 1. The Council shall annually adopt a budget calendar by June 1st. The calendar will establish the time line for development and submission of the budget and allow for public review and comment in accordance with this Charter, the City Council, and MN Statute 275.065, as amended. The budget shall be considered at the first regular monthly meeting of the Council in September and at subsequent meetings until a budget is adopted for the ensuing year. The budget calendar will provide a 30-day period for public review and input to the annual budget prior to final approval by the City Council. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. The Council may revise the proposed budget but no amendment to the budget shall increase the authorized expenditures to an amount greater than the sum of estimated income and reserves. The Council shall adopt the budget by a resolution that shall set forth the total for each budgeted fund and each department. The budget shall indicate the sums to be raised and from what sources and the sums to be spent and for what purpose as the Council deems necessary for establishing the budget. The Council shall also adopt a resolution levying the amount of taxes provided in the budget, and the Clerk-Administrator City Administrator shall certify the tax resolution to the County Auditor in accordance with state law. Adoption of the budget resolution shall constitute appropriations at the beginning of the fiscal year of the sums fixed in the resolution of the several purposes named. Section 7.07. Enforcement of the Budget. The Clerk-Administrator City Administrator may designate department heads or other staff who may assist with each fund or department in the annual budget. It shall be the duty of the Clerk-Administrator City Administrator to strictly enforce the detail provisions of the budget. The City Council shall strictly enforce the provisions of the budget. The City Council shall not authorize any payment or the incurring of any obligation by the City, unless an Resolution 2009-03b Page 10 of 10 appropriation has been made in the budget resolution, and there is a sufficient unexpended balance after deducting the total past expenditures and encumbrances against the appropriation. No officer or employee of the City shall place any order or make any purchase unless the amount is authorized in the budget resolution and in compliance with the purchasing policies of the City as established by the City Council, the City Charter, the City Code, and Minnesota Statutes. Any obligation incurred by any person in the employ of the City for any purpose not authorized in the budget resolution, or for any amount in excess of the amount authorized, shall be a personal obligation upon the person incurring the obligation. No check shall be issued or transfer made to any account other than one owned by the City until the claim to which it relates has been supported by an itemized bill, payroll, or time sheet or other document approved and signed by the responsible City officer who vouches for its correctness and reasonableness. Section 10.01. Except as otherwise provided by state law, no person, firm or corporation shall place or maintain any permanent or semi-permanent fixtures in, over, upon or under any street or public place for the purpose of operating a public utility, or for any other purpose, without a franchise therefor from the City. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. No exclusive franchise shall be granted unless the proposed ordinance is submitted to the voters of the City following a public hearing and approved by at least a majority of those voting thereon. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the Clerk-Administrator City Administrator to guarantee publication before the ordinance is passed. Section 12.02. Oath of Office. Every officer of the City shall, before entering upon the duties of their office, take and subscribe an oath of office in substantially the following form: "I do solemnly swear (or affirm) to support the Constitution of the United States and of this state and to discharge faithfully the duties devolving upon me as (Mayor, Councilmember, Clerk-AdministratorCity Administrator, etc.) of the City of Mounds View to the best of my judgment and ability." Section 12.04. Official Bonds. The Clerk-AdministratorCity Administrator, the City Treasurer, and such other officers or employees of the City may be provided for by ordinance shall each, before entering upon the duties of their respective office or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed by the Council as security for the faithful performance of their official duties. This corporate surety bond may be in the form of either individual or blanket bonds at the discretion of the Council. They shall be approved by the Council, and approved as to form by the City Attorney, and filed with the Clerk-AdministratorCity Administrator. The premiums on the bonds shall be paid by the City. Respectfully submitted, __________________________________ _________________________________ Jonathan J Thomas, Chair Barbara Thomas, Secretary Item No: 7B Meeting Date: February 22, 2010 Type of Business: Action City Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 7580, Reapproving the Final Plat and Development Agreement for the “Select Senior Living” Development; Introduction: On October 27, 2008, the City Council passed Resolution 7347, which approved the final plat and development agreement for the Select Senior Living development. This was the last of the Council actions required in order for the project to move forward. Per city code, an applicant has 120 days to record the plat with Ramsey County, and if the recording does not happen within this timeframe, the plat approval is void. The code also states that the plat can be reapproved and the applicant given up to another 120 days. Due to the shakeup within the banking industry, Select Senior Living was not able to start the project within the allowed 120 days and their final plat and development agreement approval became void. On July 13, 2009 and October 26, 2009, the City Council re-approved the final plat and development agreement for this project for an additional 120 days. The applicant anticipates receiving a financing commitment from a new lender soon and will then move forward with this project. Select Senior Living is again asking for a 120 day re- approval of the final plat and development agreement which would expire on June 22, 2010. Chapter 1202.07: Final Plat Approval Procedure Subd. 4. Recording of Final Plat: If the final plat is approved, the subdivider shall, within one hundred twenty (120) days, record it with the County Register of Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the Clerk-Administrator shall so notify the County Register of Deeds or Registrar of Titles. Select Senior Living Report February 22, 2010 Page 2 Subd. 5. Re-Approval: In the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the final plat upon the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed one hundred twenty (120) days. (1988 Code §42.05; 1993 Code). Discussion: Select Senior Living, represented by Joel Larson, has submitted a letter requesting the final plat and development agreement be re-approved for a third time. They still plan to construct this project but unfortunately continue running into problems beyond their control. A contractor has been chosen, and the building permit application and plans have been submitted to the City. Select Senior Living has indicated that they are hopeful that they will soon have all of their financing completed and hope to move forward with the project soon. Recommendations: Staff requests that the City Council pass Resolution 7580, reapproving the Select Senior Living final plat and development agreement. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Letter from Joel Larson, Mounds View Select Properties 2. Article regarding senior housing 3. Resolution 7580 RESOLUTION NO. 7580 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RE-APPROVING THE “SELECT SENIOR LIVING” FINAL PLAT AND DEVELOPMENT AGREEMENT; MOUNDS VIEW PLANNING CASE NO. MA2008-002 WHEREAS, Joel Larson, representing Select Senior Living has requested re- approval of the final plat and the Development Agreement for the “Select Senior Living” project on three properties legally-described as follows: Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County , Minnesota (PIN 063023310030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 063023310029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street of alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 063023310028) WHEREAS, The above-described lands are zoned R-4, High Density Residential; and, WHEREAS, Select Senior Living submitted a Final Plat, date stamped October 23, 2008, for the major subdivision which combines three lots into one parcel; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of the assessed value of the project area and a County Highway 10 Trail Contribution; and, WHEREAS, the grading and drainage plan has been reviewed and approved by the City Engineering consultant and the Rice Creek Watershed District has given conditional approval; and, Resolution 7580 Page 2 WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Preliminary Plat 2. Zoning Map 3. Site Plan, dated September 4, 2008 4. Grading, Utility & Landscape Plans, dated September 18, 2008 5. Planning Commission Resolutions 891-08, 892-08 and 893-08 6. Resolution 7321, Approved September 8, 2008 7. Ordinance 813, First Reading on September 8, 2008 8. Development Agreement 9. Final Plat, dated October 23, 2008 10. Resolution 7347, Approved October 27, 2008 WHEREAS, on August 25, 2008 and September 8, 2008, the Mounds View City Council held a duly noticed public hearing about this development and major subdivision and approved Resolution 7321 that approved the “Select Senior Living” preliminary plat; and, WHEREAS, the City attorney and City engineering consultant have reviewed the final plat and finds it to be in conformance with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution; and, WHEREAS, on October 27, 2008, the Mounds View City Council approved Resolution 7347 which approved the final plat and development agreement for the “Select Senior Living” subdivision; and, WHEREAS, the applicant was not able to record the plat within the required 120 days due to issues beyond their control, which caused the final plat and development agreement approval to become null and void; and, WHEREAS, on July 13, 2009 and October 26, 2009, the Mounds View City Council re-approved the final plat and development agreement for the project for an additional 120 days. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having already approved the Preliminary Plat and Final Plat, re-approves the Final Plat and Development Agreement for the “Select Senior Living” subdivision, subject to stipulations as follows: 1. Prior to the Final Plat execution, Select Senior Living shall pay to the City a park dedication fee in the amount of $32,150.00, and a County Highway 10 Trail Contribution in the amount of $8,040. Resolution 7580 Page 3 2. Select Senior Living shall enter into the Development Agreement with the City and said document shall be recorded with Ramsey County. 3. Select Senior Living shall obtain final approval from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity begins. 4. No demolition, grading or construction activity may proceed without the contractor obtaining all necessary permits. 5. All utilities within the development area shall be located underground. 6. The developer or contractor shall obtain the necessary permits for any and all work occurring within the City and County right of way. 7. Select Senior Living shall successfully complete any and all requirements after final review of the final plat by the City Attorney. 8. The approval contemplated herein is subject to the condition that Select Senior Living must pay for all costs concerning this subdivision incurred by the City Attorney, city consultants, and any other costs of a similar nature. NOW, THEREFORE, BE IT FINALLY RESOLVED that re-approval of this final plat and Development Agreement is subject to recordation with Ramsey County, which shall occur within one hundred twenty (120) days of City Council approval. Within 10 days of the recording, Select Senior Living shall furnish the City with proof of the recording; otherwise, the approval of the final plat shall be void. Adopted this 22nd day of February, 2010. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, Clerk - Administrator (SEAL) Item No: 7C Meeting Date: February 22, 2010 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Tracy Juell, Public Works Administrative Assistant Item Title/Subject: Resolution Number 7578 Authorizing the purchase of lumber and mailboxes the 2010 SUIP – Area B/C Introduction: Council approved plans/specs and authorized advertisement for the 2010 Street and Utility Improvement Project – Area B/C contract at the February 8, 2010 meeting. As part of the street improvement project, the City will need to purchase mailboxes and the lumber for Staff to construct the mailbox posts. (The contractor will install the posts and mailboxes.) The following is in the City Code, Chapter 202, Public Improvements: j. In projects involving new street construction, and mill and overlays, mailboxes will be grouped on gang posts in numbers logical to the spacing required. This practice will insure the proper placement of the mailboxes, reduce potential roadside hazards, and generally clean up the edge of the street. The cost of the new posts and installation will be added to the project. Residents of overlays and mill and overlays may request the new posts and installation, which will be added to the cost of the project. (Ord. 654, 2-14-00) Discussion: Staff received quotes for (130) 6x6x8 and (40) 6x6x10 rough cedar posts, (48) 1x8x10ft green treated lumber and (320) mailboxes from four (4) vendors and they are as follows: Lowe’s of Blaine $6,857.34 Scherer Bros. Lumber $7,342.08 Menards $7,491.72 Spring Lake Park Lumber $7,592.40 Staff recommends the purchase of the necessary lumber to construct mailbox posts including the purchase of mailboxes for the 2010 Street and Utility Project – Area B/C from Lowe’s of Blaine in the amount of $6,857.34 to be funded from account number 410-4650-7050-312. Respectfully submitted, ________________________ Tracy Juell, Administrative Assistant RESOLUTION NO. 7578 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE PURCHASE OF LUMBER FOR MAILBOX POSTS FOR THE 2010 STREET AND UTILITY IMPROVEMENT PROJECT – AREA B/C WHEREAS, the Mounds View City Council approved plans/specs and authorized advertisement for the 2010 Street and Utility Improvement Project – Area B/C contract at the February 8, 2010 meeting, and; WHEREAS, as part of a street improvement project mailboxes will be installed and mailbox posts will be constructed, and; WHEREAS, Staff has received 4 quotes for lumber to construct the mailbox posts, and; WHEREAS, Lowe’s of Blaine quoted an amount of $6,857.34, and; NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve the purchase of mailboxes and the lumber to construct the necessary mailbox posts from Lowe’s of Blaine in the amount of $6,857.34 to be funded from account number 410-4650-7050-312. Adopted this 22nd day of February, 2010 ________________________________ Joe Flaherty, Mayor ATTEST: _________________________________ James Ericson, Clerk-Administrator (SEAL) Item No: 07D Meeting Date: February 22, 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 7581, Approving a Step Increase for James Ericson, Clerk-Administrator Background: Clerk -Administrator James Ericson is a current employee with the City of Mounds View. His supervisors, the Mounds View City Council, have reviewed his performance as it relates to his responsibilities outlined in the job description at the January 25, 2010, Executive Session. Discussion: It was determined that Clerk-Administrator James Ericson has satisfactorily performed in the capacity of his position, and therefore, a step wage adjustment is consistent with the Employment Agreement on file. Recommendation: Staff recommends approving a Step Wage Adjustment for James Ericson, consistent with the Employment Agreement on file. Respectfully Submitted, ________________________ Desaree Crane RESOLUTION 7581 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP WAGE ADJUSTMENT WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, his supervisors have reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisors determined that the following employee below has satisfactorily performed in the capacity of his position documented in his performance reviews on file; and WHEREAS, a wage adjustment is consistent with the Employment Agreement on file. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT James Ericson Clerk- Administrator February 11, 2008 Step 3: $47.30/hr Step 4: $49.34/hr February 11, 2010 Adopted this 22nd day of February, 2010. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No: 07E Meeting Date: February 22, 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 7583, Resolution Amending the Policy Requiring Cable Broadcasting of City Meetings Conducted at Open Public Meetings at Mounds View City Hall. Background: At the January Work Session, the City Council and Staff discussed the role of the Cable Committee, and whether present cable productions are appropriate for the City’s cable channel 16 (MVTV). During this Work Session discussion, it was the consensus of the City Council that present cable productions are appropriate for MVTV. In addition, it was also the consensus of the City Council to revise the role of the Cable Committee to a more informal committee. This would allow more resident creative collaboration and participation in MVTV programming. Staff would start the process of advertising for members around the community to include area schools and businesses. This informal committee will continue to be called the “Cable Committee’” and will no longer have the requirement to be televised live on MVTV. Discussion: Staff and the Cable Committee met on Tuesday, February 16, 2010, to discuss whether the Cable Committee is open to an informal Cable Committee. It was the consensus of the Cable Committee to revise the role of the Cable Committee to a more informal committee to allow open creative participation without being televised live on MVTV. In order to start this process, the City Council will need to revise Resolution 5557 (attached), and exempt the Cable Committee from the requirement of cable broadcasting its meetings. Recommendation: Staff recommends discussion and approval of Resolution 7583. Respectfully Submitted, ________________________ Desaree Crane RESOLUTION 7583 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REQUIRING CABLE CASTING OF CITY BUSINESS CONDUCTED AT OPEN PUBLIC MEETINGS AT MOUNDS VIEW CITY HALL WHEREAS, the City of Mounds View desires its citizens to be fully apprised of all city business conducted on their behalf; and WHEREAS, the City adopted Resolution 5596 on December 13, 1999, which set forth a policy of the cable broadcasting requirements for open meetings of the City; and WHEREAS, the City adopted Resolution 5501 on December 11, 2000, which rescinded Resolution 5596, and set forth a revised policy by exempting the Human Resources Committee from the cable broadcasting requirements for open meetings; and WHEREAS, the City adopted Resolution 5557 on April 23, 2001, which rescinded Resolution 5501, and set forth a revised policy by requiring open meetings of the City, except the Human Resources Committee, be held at Mounds View City Hall; and WHEREAS, the City desires to modify and replace the provisions of Resolution 5557 as to the cable broadcasting requirements for open meetings of the City held at Mounds View City Hall, and as such, desires to rescind Resolution 5557 in its entirety; and WHEREAS, the City Council desires that the cable broadcasting requirements for open meetings of the City held at Mounds View City Hall, except for meetings of the Human Resources Committee and the Cable Committee, and as otherwise expressly provided by statute, apply to all entities of the City and that such desire be set forth as a policy of the City. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Mounds View rescinds Resolution No. 5557 in its entirety. NOW, THERFORE, BE IT FURTHER RESOLVED THAT, the City Council of the City of Mounds View establishes the policy that all meetings held at Mounds View City Hall by the City or any of its committees, subcommittees, boards, departments, or commissions which are subject to the Open Meeting Law, except for meetings of the Human Resources Committee and the Cable Committee, and as otherwise expressly provided by statute, are also subject to the requirement that the meeting be broadcast via cable television, when sufficient staff is available to facilitate the cable broadcasting of the meeting. Resolution 7583 Page 2 Adopted this 22nd day of February, 2010. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No. 7.F Meeting Date: February 22, 2010 Type of Business: Council Business Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7584 Approving Transfers Between Funds for the Year 2009 The City Council included a variety of transfers between funds as part of the 2009 budget. They are listed in the attached resolution in the Budget column. Resolution 7584 formally authorizes the listed transfers between funds in the Actual column for the year 2009. Some of the transfers can be adjusted. Staff recommends that the transfer to the Community Center Fund from the General Fund be reduced by $25,000 to reflect the improved performance of the Banquet Center. The transfer from the Special Projects Fund ($90,000) to the General Fund can be cancelled to preserve capital in the Special Projects Fund. The intent of this transfer was to off-set the cost of capital purchases that are not included with the listed equipment in the Vehicle and Equipment fund. There were no significant capital purchases this year. Transfers to the Storm Water and Sewer funds for equipment purchases can be cancelled because the purchases were deferred. Transfers from TIF Districts 1, 2, and 3 to support the EDA operations and projects can be reduced to $25,000 each, some of the budgeted activities in the EDA fund did not occur thus reducing the need for a higher transfer amount. Transfers from TIF District 5 to the EDA fund should be increased to correspond to 5% of the increment available to be paid. For 2009, amounts were budgeted in the Water Fund ($60,000), Sewer Fund ($150,000), and Storm Water Fund ($40,000) to help cover part of their respective capital improvements during street reconstruction, in account 7050. Staff is recommending that these amounts be reclassified as transfers (account 9900) to the Street Improvement Fund. This will help keep the financing plan on track. Staff is recommending approval of resolution 7584 approving transfers between funds. Respectfully Submitted, ____________________ Mark Beer RESOLUTION NO. 7584 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota APPROVING TRANSFERS BETWEEN FUNDS FOR THE YEAR 2009 WHEREAS, the City has adopted budgets for various funds for 2009 that included inter-fund transfers for various purposes; and WHEREAS, it is possible to reduce the transfer to the Community Center Special Revenue Fund due to positive 2009 financial results; and WHEREAS, some equipment in the General, Storm Water and Sewer funds was not purchased; and WHEREAS, some activities and projects budgeted for in the Economic Development Authority Fund did not occur which eliminates the need to make the full budgeted transfers. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following transfers for the calendar year 2009 are hereby approved up to the amounts listed in the Actual column: From To Budget Actual Water Fund General Fund $59,859 $59,859 Sewer Fund General Fund 47,411 47,411 Street Light Fund General Fund 2,122 2,122 Special Projects Fund General Fund 90,000 - Levy Reduction General Fund 249,315 249,315 Vehicle & Equipment General Fund 117,250 44,000 DARE Fund General Fund 4,393 4,393 General Fund Community Center 185,000 160,000 General Fund Vehicle & Equipment 175,000 175,000 Water Fund Vehicle & Equipment 20,000 20,000 Sewer Fund Vehicle & Equipment 36,000 36,000 Storm Water Fund Vehicle & Equipment 6,000 6,000 Vehicle & Equipment Sewer Fund 330,000 - Vehicle & Equipment Storm Water Fund 40,000 - Water Fund Street Improvement Fund - 90,000 Sewer Fund Street Improvement Fund - 150,000 Storm Water Fund Street Improvement Fund - 40,000 TIF District #1 EDA 111,194 25,000 TIF District #2 EDA 111,193 25,000 TIF District #3 EDA 111,193 25,000 TIF District #5 EDA 42,313 55,922 BE IT FURTHER RESOLVED that the 2009 budgets for the Water Fund, Sewer Fund, and Storm Water Fund, be amended by reducing account 7050 in each fund and increasing transfers to the Street Improvement Fund by the respective amounts listed above. BE IT FURTHER RESOLVED that the 2009 budget for TIF District #5 is amended by increasing transfers to the EDA Fund by $13,609. Passed and adopted this 22nd day of February, 2010. _____________________________ Joe Flaherty, Mayor ATTEST: _____________________________ Jim Ericson, City Administrator (seal) Item No: 08A Meeting Date: February 22, 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. Centraire Heating & Air Conditioning HVAC Renewal Crosstown Signs, Inc. Sign Installation New Egan Company HVAC New Heating & Cooling Two HVAC Renewal Pearson Mechanical HVAC Renewal Precision Landscape & Tree Tree Trimming/Removal Renewal Roseville Plumbing & Heating, Inc. HVAC New Royalton Heating & Cooling HVAC Renewal Tim’s Quality Plumbing, Inc. HVAC Renewal Upland Heating & Cooling, Inc. HVAC Renewal Recommendation: Approve license applications as requested. Item No: 8B Meeting Date: Feb 22, 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 7582, Authorizing Support of the Mounds View Community Theatre (MVCT) Consistent with the City's Policy in Support of Artistic Organizations Introduction: In 2003, the City of Mounds View adopted a policy in support of artistic organizations, consistent with MN Statues 471.941. The policy has been used to support the Mounds View Community Theatre over the years through the use of the City’s copy machine. Diane Wouri, Operations Chair of MVCT, submitted a letter dated Jan 25, 2010 again requesting the City’s support through the use of the City’s copy machine. Discussion: After the City Council adopted the attached “Policy For The Support Of Artistic Organizations,” it subsequently by resolution approved specific support for the Mounds View Community Theatre. Since 2003, MVCT has made an annual request to use the City’s copy machine consistent with the original authorization. MVCT supplies their own paper and schedules a time to use the machine to minimize disruption or inconvenience to staff. Seven years have passed since the original approval thus staff is requesting the City Council consider reaffirming its support of MVCT. Recommendation: Staff recommends approval of Resolution 7582, a resolution reaffirming support to the Mounds View Community Theatre consistent with the City’s Policy For The Support Of Artistic Organizations and MN Statutes. Respectfully submitted, ________________________ James Ericson Clerk - Administrator Attachments: 1. Resolution 6021, approved May 27, 2003 2. Policy for the Support of Artistic Organizations 3. Letter from Mounds View Community Theatre, dated Jan 25, 2010 4. Resolution 7582 Authorizing Support of the MVCT RESOLUTION 7582 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING SUPPORT OF THE MOUNDS VIEW COMMUNITY THEATRE CONSISTENT WITH THE POLICY FOR THE SUPPORT OF ARTISTIC ORGANIZATIONS WHEREAS, on May 27, 2003, the City Council adopted a policy for the support of artistic organizations consistent with MN Statutes 471.941; and, WHEREAS, to receive support, the artistic organization shall submit a letter describing (1) their organization sufficient to establish that it is within the definition of an artistic organization as set forth in 471.941 and (2) the type of support requested; and, WHEREAS, on January 25, 2010, the City received a request from the Mounds View Community Theatre artistic organization to utilize the City's copier as it has in previous years; and, WHEREAS, consistent with the Policy, the City Administrator reviewed the request and determined it complied with said Policy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View, consistent with the adopted Policy for the support of artistic organizations, approves the request for support from the Mounds View Community Theater as follows: Use of the City's copy machine, subject the following limitations: 1. The number of "impressions" shall be limited to 7,200 or less 2. City use of copier shall take priority 3. City staff will not operate copier on behalf of MVCT 4. MVCT shall provide its own paper and any necessary office supplies 5. Only black & white copies shall be permitted Adopted this 22nd day of February, 2010. ______________________________________ Joe Flaherty, Mayor ATTEST: ______________________________________ Jim Ericson, Clerk-Administrator (seal) Item No: 8C Meeting Date: February 22, 2010 Type of Business: Consent Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Deputy Police Chief Item Title/Subject: Resolution 7579 Approving Purchase of Five 800 MHz Radios in Accordance with Federal UASI Grant Funds Awarded to Ramsey County Emergency Management. Introduction: Ramsey County Emergency Management has been awarded federal Urban Area Security Initiative (UASI) grant funds for equipment needs throughout the county. Ramsey County has extended offers to the local jurisdictions to apply use of these funds for the acquisition of 800 MHz radios for both law enforcement and particularly, public works department needs. Conditions of the grant dictate that the cities are fully reimbursed after the initial purchase. 800 MHz radios are the current standard in radio communication. Without this capability, interoperable communication between law enforcement and other emergency responders is not possible. Discussion: Mounds View does not currently have 800 MHz radios to equip the Public Works Department. Ramsey County has made available funds in the amount of $6737.30 for the purchase of five Motorola XTS 1500 radios with accompanying software, batteries, chargers and speaker microphones. To facilitate this acquisition that was not previously budgeted, an increase to the police grant revenue fund 222-3318 of $6737.30 and an increase to the grant expenditure budget 222-7030 for the same amount is necessary. These radios will subsequently be issued to the Mounds View Public Works Department so communication in the field between public works and other emergency responders will be possible. Recommendation: Staff recommends proceeding with the purchase of five portable 800 MHz radios and accompanying accessories. Respectfully Submitted, __________________ Thomas Kinney Deputy Police Chief RESOLUTION NO. 7579 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PURCHASE OF FIVE 800 MHZ RADIOS IN ACCORDANCE WITH FEDERAL URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDS AWARDED TO RAMSEY COUNTY EMERGENCY MANAGEMENT WHEREAS, Federal Urban Area Security Initiative (UASI) grant funds were awarded to Ramsey County Emergency Management; and WHEREAS, Ramsey County Emergency Management determined a need within cities for the acquisition of 800 MHz radios; and WHEREAS, Mounds View Public works does not currently have 800 MHz radios to communicate with emergency responders; and WHEREAS, purchasing five portable 800 MHz radios and accessories at a cost of $6737.30 will enable the city public works personnel the ability to communicate with police, fire and emergency units; and WHEREAS, Ramsey County will reimburse the City of Mounds View for the full purchase amount of $6737.30. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota does authorize the purchase of five portable 800 MHz radios with chargers, speaker microphones and batteries. Adopted this 22nd day of February 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ Jim Ericson, Clerk-Administrator (seal) Item No: 8E Meeting Date: February 22, 2010 Type of Business: Consent Agenda Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 7585, Approving a Policy Establishing Reservation Priority for Use of City Athletic Fields Background: The athletic fields that Mounds View owns and maintains are very popular but especially during spring and summer months. The fields, which include baseball/softball and soccer fields, are reserved by a wide variety of groups including private companies, church groups, and residents. However, the largest group making reservations are area youth athletic associations. To assist the YMCA in making reservations for the various groups, the Commission drafted a policy to establish priority for use of Mounds View athletic fields. Many neighboring cities have similar policies, and the one being recommended is most similar to the City of Shoreview. Discussion: The City Council reviewed the proposed policy with several members of the Parks and Recreation and Forestry Commission (PRF) at their January 10, 2010 work session. At that meeting, the City Council indicated support for the policy and asked for several items on the policy to be clarified. The items requesting clarification were minor revisions to the overall document, most notably associated with how new organizations will be recognized. At their January 28, 2010 meeting, the PRF Commission revised the policy to address the City Council comments and unanimously recommend (7-0) it’s adopting to the City Council. The attached document shows revisions made by the PRF Commission from the version reviewed by the City Council at the January work session. The timing of the policy is very good since the YMCA will begin scheduling reservations for baseball and softball season. Recommendation: The PRF Commission and City Staff recommend that the City Council consider adopting Resolution 7585 that will approve a policy establishing a priority system for general reservation of City-owned athletic fields. Respectfully submitted, Nick DeBar Public Works Director Attachments: Policy Revisions Document Resolution 7585 Dec. 17, 2009285 January 2010 Draft – Rec’d by PRFC MOUNDS VIEW PARKS, RECREATION, AND FORESTRY POLICY ESTABLISHING RESERVATION PRIORITY FOR USE OF CITY ATHLETIC FIELDS GENERAL STATEMENT The City of Mounds View encourages the use of City owned and operated athletic fields by athletic associations, community groups and other organizations that provide recreational opportunities for residents of Mounds View. In general, the City makes every effort to provide the number of athletic fields relative to the number of Mounds View residents served by a program, and relative to the number of residents served compared to the overall size of the program. RESERVATION PRIORITY FOR SCHEDULING SCHEDULING FIELDS A. Purpose Statement - Due to the large number of requests for the City’s athletic fields, it is necessary to establish a priority system to insure that the City’s fields are made available in an equitable manner to best meet community needs. B. Priorities - Listed below are the registrationreservation priorities for use of City athletic fields: 1. All City- sponsored activities or recreation programs 2. School District #621 activities and programs 3. Recognized community athletic associations. To be recognized, the association will meet all of the following: a. Generally serve the Mounds View geographic area; b. Be a registered non-profit organization; c.Fifty (50) percent of the organization is comprised of Mounds View residents (based on the previous year registrations); c. Accept all eligible Mounds View residents into the program. d. Fifty (50) percent of the organization is comprised of Mounds View residents (based d on the previous year registrations). It is expected that new association will provide a plan to meet the 50% level; The City of Mounds View Parks and Recreation and Forestry Commission reserves the right to determine whether an athletic association is recognized. 4. Other community groups including athletic associations, churches, or civic organizations that provide recreational opportunities to Mounds View residents. 5. All other individuals or groups including non-resident, commercial and private membership groups. C. Athletic Field Scheduling - Annual scheduling dates will be defined by the City. D. Permits - In order to receive exclusive use of any City athletic fields, any group or organization must follow the guidelines and policies established by the City’s Parks and Recreation and Forestry Commission and receive an appropriate permit. Permits are issued only by the City. E. Penalties - Organizations are required to pay for a reserved field whether or not it is used. Fields reserved, but not needed must be relinquished by the Thursday of the week before the reservation date. If a field is not used and not relinquished for three dates in a season; or if athletic fields are damaged in a manner inconsistent with normal use, the City has the right to revoke future reservations. F. Disclaimer - The City of Mounds View reserves the right to schedule or re-schedule athletic fields in a manner that ensures maximum field use and/or best serves the city. RESOLUTION 7585 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A POLICY ESTABLISHING RESERVATION PRIORITY FOR USE OF CITY ATHLETIC FIELDS WHEREAS, the City of Mounds Views owns, maintains, and reserves its athletic fields (baseball, softball, soccer, etc) to various groups throughout the year; and WHEREAS, demand for reserving the City’s athletic fields is greater during spring and summer months and can lead to shortage of available fields for use; and WHEREAS, the Parks and Recreation and Forestry Commission recommends a policy to guide City staff or its agents to make determinations as to the priority of groups interested in reserving City athletic fields. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The City approve the attached policy which will establish reservation priority for use of City athletic fields. 2. City staff or its agents responsible for making reservations of City athletic fields are hereby directed to implement the policy. Adopted this 22nd day of February, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Jan. 28, 2010 – Rec’d by PRFC MOUNDS VIEW PARKS, RECREATION, AND FORESTRY POLICY ESTABLISHING RESERVATION PRIORITY FOR USE OF CITY ATHLETIC FIELDS GENERAL STATEMENT The City of Mounds View encourages the use of City owned and operated athletic fields by athletic associations, community groups and other organizations that provide recreational opportunities for residents of Mounds View. In general, the City makes every effort to provide the number of athletic fields relative to the number of Mounds View residents served by a program, and relative to the number of residents served compared to the overall size of the program. RESERVATION PRIORITY FOR SCHEDULING FIELDS A. Purpose Statement - Due to the large number of requests for the City’s athletic fields, it is necessary to establish a priority system to insure that the City’s fields are made available in an equitable manner to best meet community needs. B. Priorities - Listed below are the reservation priorities for use of City athletic fields: 1. All City-sponsored activities or recreation programs 2. School District #621 activities and programs 3. Recognized community athletic associations. To be recognized, the association will meet all of the following: a. Generally serve the Mounds View geographic area; b. Be a registered non-profit organization; c. Accept all eligible Mounds View residents into the program. d. Fifty (50) percent of the organization is comprised of Mounds View residents (based on the previous year registrations). It is expected that new association will provide a plan to meet the 50% level; The City of Mounds View Parks and Recreation and Forestry Commission reserves the right to determine whether an athletic association is recognized. 4. Other community groups including athletic associations, churches, or civic organizations that provide recreational opportunities to Mounds View residents. 5. All other individuals or groups including non-resident, commercial and private membership groups. C. Athletic Field Scheduling - Annual scheduling dates will be defined by the City. D. Permits - In order to receive exclusive use of any City athletic fields, any group or organization must follow the guidelines and policies established by the City’s Parks and Recreation and Forestry Commission and receive an appropriate permit. Permits are issued only by the City. E. Penalties - Organizations are required to pay for a reserved field whether or not it is used. Fields reserved, but not needed must be relinquished by the Thursday of the week before the reservation date. If a field is not used and not relinquished for three dates in a season; or if athletic fields are damaged in a manner inconsistent with normal use, the City has the right to revoke future reservations. F. Disclaimer - The City of Mounds View reserves the right to schedule or re-schedule athletic fields in a manner that ensures maximum field use and/or best serves the city. Corrections made by Councilmembers Stigney, Mueller, Hull and Gunn. Clerk -Administrator Ericson, Community Development Director Roberts, and Asst. Clerk -Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 January 11, 2010 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:05 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, January 11, 2010, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, January 11, 2010, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Mike Read, 2208 Lois Drive thanked the City for its effort to keep streets clear of snow and ice. 30 31 6. SPECIAL ORDER OF BUSINESS 32 A. Proclamation Announcing Mounds View as a 2009 Crown Community. 33 34 Mayor Flaherty read in full a proclamation announcing Mounds View as a 2009 Crown 35 Community. He thanked all the residents and staff involved in the task force and commented on 36 how their efforts will better the community. The Council gave a round of applause to all those 37 involved. 38 39 B. Resolution 7549, a Resolution of Appreciation for Faith Rynders for Service 40 on the Streets and Utilities Committee. 41 42 Mayor Flaherty thanked Faith Rynders for her two years of service on the Mounds View Street 43 and Utilities Committee. He indicated the City would present a plaque to Ms. Rynders for her 44 service. 45 Mounds View City Council January 11, 2010 Regular Meeting Page 2 1 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution of 2 Appreciation to Faith Rynders. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 C. Resolution 7550, a Resolution of Appreciation for Jim Kavanaugh for 7 Service on the Streets and Utilities Committee. 8 9 Mayor Flaherty thanked Jim Kavanaugh for his two years of service on the Mounds View Street 10 and Utilities Committee. He presented Mr. Kavanaugh with a plaque on behalf of the City. 11 12 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution of 13 Appreciation to Jim Kavanaugh. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 D. Resolution 7551, a Resolution of Appreciation for Bill Urbanski for Service 18 on the Streets and Utilities Committee. 19 20 Mayor Flaherty thanked Bill Urbanski for his two years of service on the Mounds View Street 21 and Utilities Committee. He presented Mr. Urbanski with a plaque on behalf of the City. 22 23 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution of 24 Appreciation to Bill Urbanski. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 E. Resolution 7560, a Resolution of Appreciation for Todd Lang for Service on 29 the Planning Commission. 30 31 Mayor Flaherty thanked Todd Lang for three years of service on the Mounds View Planning 32 Commission. He indicated the City would present a plaque to Mr. Lang for his service. 33 34 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution of 35 Appreciation to Todd Lang. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 F. Resolution 7561, a Resolution of Appreciation for Mary Kay Walsh-40 Kaczmarek for Service on the Planning Commission. 41 42 Mayor Flaherty thanked Mary Kay Walsh-Kaczmarek for three years of service on the Mounds 43 View Planning Commission. He presented Ms. Walsh-Kaczmarek with a plaque for her service 44 to the City. 45 Mounds View City Council January 11, 2010 Regular Meeting Page 3 1 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution of 2 Appreciation to Mary Kay Walsh-Kaczmarek. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 G. Resolution 7562, a Resolution of Appreciation for Jackie Entsminger for 7 Service on the Cable Committee. 8 9 Mayor Flaherty thanked Jackie Entsminger for her five years of service on the Mounds View 10 Cable Committee. He indicated the City would present a plaque to Ms. Entsminger for her 11 service on the Cable Committee. 12 13 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution of 14 Appreciation to Jackie Entsminger. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 H. Senator Betzold and Representative Tillberry: Presentation on Upcoming 19 Legislative Session. 20 21 Representative Tillberry updated the Council on activities of the legislative session and provided 22 information on the potential bonding bill for 2010. He explained the State would continue to 23 work on balancing the budget as the State currently had a $1.2 billion deficit. 24 25 Senator Betzold reviewed with the Council issues that would need resolution in 2010 based on 26 the pending court case, with regard to the unallotment. He explained that State revenues were 27 down, which made it increasingly more difficult to present a balanced budget. Senator Betzold 28 indicated State economists are concerned about the situation based on the economic condition of 29 the State, which would be the main focus for the next session. 30 31 Mayor Flaherty questioned if the Senate would be addressing the budget throughout the 32 legislative session or if major issues are not dealt with until the 11th hour. Representative 33 Tillberry stated this was the process and nature of the legislature based on the cooperation needed 34 between the legislature and subcommittees. He explained there was a great deal of time involved 35 in hearing all of the proposed bills before the bills were broken down into subcommittees. 36 37 Mayor Flaherty indicated the governor has been very stringent in not raising taxes. He asked 38 how this legislative session would be different if the governor will not allow for increases. 39 Senator Betzold explained this would be a difficult session and that the governor’s budget and 40 February forecasts would provide more information on the economic outlook of the State. He 41 indicated he did not want to see the current economic concerns pushed off for the next governor 42 to deal with. 43 44 Mayor Flaherty called for questions from the public. 45 Mounds View City Council January 11, 2010 Regular Meeting Page 4 1 Dan Mueller, 8343 Groveland Road, stated he understands that all investors have lost money 2 over the past several years due to the economic downturn. He indicated it was difficult for him 3 to understand why the State would be reimbursing State employee’s pension funds, while the rest 4 of the State’s residents suffer. Mr. Mueller encouraged the State to use the funds provided wisely 5 and drop all of the bantering between parties. Representative Tillberry indicated he has the same 6 financial concerns as all residents in the State of Minnesota. He explained that the Senators and 7 Representatives are ordinary people with jobs, families, and the same stresses. Senator Betzold 8 stated he was a lawyer and he would be better served financially by following his trade than 9 through the public service he provided his constituents. He indicated the State has to make some 10 very difficult decisions this session due to the current economic challenges. 11 12 Mike Read, 2208 Lois Drive questioned if the State of Minnesota could continue to support 13 welfare programs for out-of-state residents that move to Minnesota. Senator Betzold explained 14 that these were partial State and Federal funds. He stated there were just as many people coming 15 into the State as were leaving the State, and added that this was a small percentage of the overall 16 budget. Senator Betzold further reviewed how the past surplus situations directly led to the 17 current economic crisis. 18 19 Council Member Stigney stated many retirees continue to lose services whether they are State 20 employees or not. He asked that the extra protection given to State employees be dropped. 21 Senator Betzold indicated he is not suggesting that the State bailout its pension program, but that 22 those who are dedicated to public service do deserve to retire after a life of service. 23 24 Council Member Stigney questioned if the governor felt a responsibility for the current and 25 future economic condition of the State. Senator Betzold explained that the legislature only had a 26 constitutional responsibility for the current biennium, and that the governor does as well. 27 However, both parties are concerned about the current and future condition of the State. 28 Representative Tillberry noted there was a sense of responsibility for all the parties involved as 29 the demographics of the State continues to change and there is an increasing need for State funds. 30 The State will need to reform government to meet the changing needs. 31 32 Council Member Mueller asked if the State could recover the tax concessions made in previous 33 years if Northwest Airlines moved their headquarters from Minneapolis. Senator Betzold 34 explained that because Northwest Airlines filed bankruptcy, they were able to get out of some of 35 their financial obligations. He noted that the merge with Delta allowed Northwest Airlines to 36 shed many of the responsibilities within the tax concessions. 37 38 Council Member Mueller questioned how the unemployment rate could be improved to help the 39 economy. Senator Betzold indicated the bonding bill would fund various “shovel ready” projects 40 to assist in stimulating the State. He noted the Vikings Stadium would also be a topic of 41 discussion and the legislature needs to take another look at the corporate tax structure to close 42 loopholes. Senator Betzold indicated there were a lot of ideas going around at this time. 43 44 Mounds View City Council January 11, 2010 Regular Meeting Page 5 Mayor Flaherty thanked Representative Tillberry and Senator Betzold for their time and 1 addressing the concerns of the City. 2 3 7. COUNCIL BUSINESS 4 A. 7:05 p.m. Public Hearing for Second Reading and Adoption of Ordinance 5 840 – Rezoning three properties from R-2, Single & Two Family to R-1, 6 Single Family (2760 Wooddale Drive, 7301 Park View Drive and 7441 Park 7 View Terrace). 8 9 Community Development Director Roberts reviewed the Council’s past consideration of this 10 ordinance and advised Council approve the Ordinance as recommended. He spoke with two of 11 the three property owners and neither had an objection to the zoning amendment. 12 13 Mayor Flaherty opened the public hearing at 8:27 p.m. Hearing no public input, Mayor Flaherty 14 closed the public hearing at 8:27 p.m. 15 16 MOTION/SECOND: Mueller/Hull. To Waive the Second Reading and Adopt Ordinance 840, 17 Rezoning three properties from R-2, Single & Two Family to R-1, Single Family. 18 19 ROLL CALL: Hull/Stigney/Muller/Gunn/Flaherty. 20 21 Ayes – 5 Nays – 0 Motion carried. 22 23 B. Resolution 7553, Approving a City Policy about Residential Fire Sprinklers 24 and Permits. 25 26 Community Development Director Roberts explained the Building Code currently does not 27 require the installation of fire sprinklers in single-family homes; however, staff continues to 28 encourage homeowners to voluntarily install them. He advised that the 2013-14 International 29 Residential Building Code includes language to require the installation of fire sprinkler systems 30 in all new residential construction, including single-family homes. The Building Code will not 31 require sprinkler systems for additions or remodels so if a homeowner decided to install a 32 sprinkler with a building addition, it would be considered a voluntary installation. It was noted 33 the Council discussed this matter and endorsed the proposed policy at its January 4, 2010 Work 34 Session. 35 36 Community Development Director Roberts presented staff’s recommendation to approve the 37 proposed policy and waive building permit fees for the voluntary installation of residential fire 38 sprinklers. 39 40 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7553, 41 Approving the City Policy for Non-required Residential Fire Sprinkler Permits. 42 43 Council Member Mueller commended the City for being proactive on this issue, as it will assist 44 in fire protection for the residents of the community. 45 Mounds View City Council January 11, 2010 Regular Meeting Page 6 1 Ayes – 5 Nays – 0 Motion carried. 2 3 C. Resolution 7554, Selection of the Official Newspaper, Acting Mayor, 4 Treasurer and Official Depositories for 2010. 5 6 Assistant Clerk-Administrator Crane presented proposals from the Sun Focus and The Bulletin to 7 be the City’s official newspaper for 2010, noting the rates of the Sun Focus are slightly less. In 8 previous years, the Council had selected the St. Paul Pioneer Press as the City’s secondary 9 newspaper, which would be acceptable. Assistant Clerk-Administrator Crane noted the Acting 10 Mayor position would need to be decided along with the appointment of a Treasurer, consistent 11 with the City Charter, and lists the City job positions authorized to conduct banking and 12 investment business on behalf of the City. 13 14 Council Member Mueller questioned if Council Member Stigney was willing to serve as the 15 Acting Mayor for 2010. Council Member Stigney answered in the affirmative. 16 17 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7554, 18 Appointing Official Newspaper, Acting Mayor (appionting Roger Stigney), Official Depository, 19 and Treasurer for the year 2010. 20 21 Mayor Flaherty questioned how the secondary depositories were decided. Finance Director Beer 22 stated they were determined based on past year’s experiences and that the Council had favored 23 working with a local bank. 24 25 Council Member Stigney suggested the local bank fees be reviewed to see if a larger national 26 bank would benefit the City. Finance Director Beer reported the City incurred minimal fees at 27 this time. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 D. Resolution 7555, Appointing City Council Members and City Staff as 32 Representatives for City Commissions and Other Organizations. 33 34 Assistant Clerk-Administrator Crane reviewed the 2009 Council and staff appointments to City 35 Commissions and other organizations. She listed the staff appointments as is and noted the City 36 would need new representation to the Metro North Tourism Board. 37 38 The Council discussed the appointments and consensus was reached to on the following 39 appointments: 40 41 Ramsey County League of Local Government – Councilmember Mueller and Clerk-42 Administrator Ericson. 43 Spring Lake Park/Blaine/Mounds View Fireman’s Relief Association – Councilmember Stigney 44 and Clerk-Administrator Ericson. 45 Mounds View City Council January 11, 2010 Regular Meeting Page 7 Human Resources Committee – Councilmember Stigney, Councilmember Mueller, Clerk-1 Administrator Ericson, and Assistant City Clerk-Administrator Crane. 2 YMCA Advisory Committee – YMCA Center Manager, Executive Director of the Northwest 3 Family YMCA Pat Reimersma, Clerk-Administrator Ericson, Councilmember Hull, and 4 Councilmember Gunn. 5 Northwest Youth and Family Services – Councilmember Hull and Mayor Flaherty (alternate). 6 League of Minnesota Cities – Mayor Flaherty and Clerk-Administrator Ericson. 7 North Metro Mayors Association – Mayor Flaherty and Clerk-Administrator Ericson. 8 Minnesota Metro North Tourism – Economic Development Specialist Steinmetz and Clerk-9 Administrator Ericson. 10 11 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7555, 12 Appointing City Council Members and City Staff as Representatives for City Committees and 13 Other Organizations. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 E. Resolution 7563, Revising Section 2.05 of the Personnel Manual in Regard to 18 the Family Medical Leave Act (FMLA), by Adding a Provision on Military 19 Family Leave. 20 21 Assistant Clerk-Administrator Crane presented details of the 2010 National Defense 22 Authorization Act (NDAA), which expands coverage for military exigency leave and military 23 caregiver leave under the Family and Medical Leave Act (FMLA). She recommended adoption 24 of the draft resolution to revise the personnel manual in regard about the FMLA. A brief 25 overview of the new regulations was given. 26 27 Council Member Mueller questioned how benefits would accrue if an employee was on a paid 28 medical leave. Assistance Clerk-Administrator Crane explained all benefits would accrue as they 29 normally do and documentation would need to be provided to meet the FMLA regulations. 30 31 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7563, 32 Revising Section 2.05 of the Personnel Manual in regard to the Family Medical Leave Act 33 (FMLA), by Adding a Provision on Military Family Leave and Medical Caregiver Leave. 34 35 Council Member Stigney asked if the leave of absence, Exhibit A, could read, “a leave of 36 absence for qualifying exigency arising out of the fact.” be included in both definitions of 37 Military Family Leave and Military Caregiver Leave. Assistant Clerk-Administrator Crane 38 indicated staff would make this change. 39 40 Council Members Mueller and Hull agreed to this friendly amendment. 41 42 Ayes – 5 Nays – 0 Motion carried. 43 44 Mounds View City Council January 11, 2010 Regular Meeting Page 8 F. Resolution 7552, Adopting a Special Assessment Levy for Unpaid 1 Administrative Offense Fines. 2 3 Finance Director Beer presented staff’s recommendation to levy for unpaid administrative 4 offense fines. He advised notice was mailed to affected property owners on December 11, 2009, 5 and property owners were allowed to pay the amount until 4:30 p.m. on January 11, 2010 in 6 order to avoid the $35 administrative fee. An additional 30 days will be given to pay the fine 7 with the administrative fine after which time an interest will compound until 2011 when the fines 8 will be assessed. 9 10 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7552, 11 Adopting a Special Assessment Levy for Unpaid Administrative Offense Fines. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 8. CONSENT AGENDA 16 17 Council Member Mueller asked to remove Item B for discussion. 18 19 A. Licenses for Approval. 20 B. Resolution 7556, Approving an Agreement Renewal with Greater Minnesota 21 Housing Corporation for Housing Resource Center Services, 2010 22 C. Resolution 7559, Approving Chairperson Appointments to the Planning 23 Commission and the Park, Recreation and Forestry Commission. 24 D. Schedule a Public Hearing for Monday, January 25, 2010 at 7:05 pm to 25 Consider a Conditional Use Permit Amendment for Saturn of St. Paul, 2375 26 Highway 10. 27 E. Resolution 7558, Appointing Residents to the YMCA Advisory Committee 28 29 MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda Items A, C-E. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 B. Resolution 7556, Approving an Agreement Renewal with Greater Minnesota 34 Housing Corporation for Housing Resource Center Services, 2010 35 36 Council Member Mueller questioned if the cost of the contracted service with the Housing 37 Resource Center was worth the $11,000 each year. She requested that the public be made aware 38 of services provided by this organization to take advantage of available resources. 39 40 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7556, 41 Approving an Agreement Renewal with Greater Minnesota Housing Corporation for Housing 42 Resource Center Services for 2010. 43 44 Mounds View City Council January 11, 2010 Regular Meeting Page 9 Mayor Flaherty noted he spoke with the Clerk-Administrator Ericson on this issue as well and 1 asked that staff request a presentation from Director Suzanne Snyder to provide the public with 2 additional information on the services provided. Council Member Mueller suggested this 3 organization be discussed at the spring Town Hall meeting as well. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 9. JUST AND CORRECT CLAIMS 8 9 Finance Director Beer answered the Council's questions related to claims. 10 11 MOTION/SECOND: Mueller/Gunn. To Approve the Just and Correct Claims as presented. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 10. APPROVAL OF MINUTES 16 A. December 7, 2010, Truth in Taxation Minutes. 17 18 Council Member Stigney requested a change on Page 5, Line 16, to read: “implement the hiring 19 of additional staff.” 20 21 MOTION/SECOND: Mueller/Flaherty. To Approve the December 7, 2010, Truth in Taxation 22 meeting minutes as corrected. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 B. December 14, 2010, City Council Meeting Minutes. 27 28 MOTION/SECOND: Gunn/Mueller. To Approve the December 14, 2010, City Council meeting 29 minutes as presented. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 11. REPORTS 34 A. Reports of Mayor and Council. 35 36 Council Member Gunn congratulated Jimmy Gjere, a student at Irondale High School for being 37 nominated to play on the Army All American Team. 38 39 Mayor Flaherty noted the City was taking applications for Citizen of the Year. He reviewed the 40 criteria for nomination and stated applications would be available at City Hall or on the City’s 41 website through February 24, 2010. 42 43 Council Member Mueller thanked the Police Department and Officer Keckeisen for the crime 44 prevention summaries. 45 Mounds View City Council January 11, 2010 Regular Meeting Page 10 1 B. Reports of Staff. 2 3 Clerk-Administrator Ericson noted the YMCA Advisory Committee met last week and advised 4 that bookings were up with the space being utilized. Some general updates are going to be made 5 to the site this Spring due to a roof leak. He explained the application deadline for the Public 6 Works Supervisor position ends this week and the City hopes to receive several more applicants. 7 The City would be looking to hire a replacement police officer and the Council may be reviewing 8 this information at the next meeting. 9 10 C. Reports of City Attorney. 11 12 Noted. 13 14 12. Next Council Work Session: Monday, February 1, 2010, at 7 p.m. 15 Next Council Meeting: Monday, January 25, 2010, at 7 p.m. 16 17 13. ADJOURNMENT 18 19 The meeting was adjourned at 9:20 p.m. 20 21 Transcribed by: 22 23 Heidi Guenther 24 TimeSaver Off Site Secretarial, Inc. 25 Item No: 11B1 Meeting Date: February 22, 2010 Type of Business: Reports Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Town Hall Meeting – Monday, March 29, 2010 Background: The 6th Annual Town Hall Meeting is scheduled for Monday, March 29, 2010, at Mounds View City Hall. Discussion: Attached is the Press Release/Agenda for the 6th Annual Town Hall Meeting for your information. Please announce during this Council Meeting the date, time and place of the 6th Annual Town Meeting. Further information can be found on the City’s website and the next edition of the Mounds View Matters newsletter Respectfully Submitted, ________________________ Desaree Crane CITY OF MOUNDS VIEW PRESS RELEASE The City of Mounds View will be holding its 6th annual Town Hall Meeting on Monday, March 29, 2010, from 6:00 pm to 8:30 p.m. at Mounds View City Hall, located at 2401 County Highway 10. There will be displays and city department exhibits. The City will also have a seminar to discuss the Vision and Goals of our City for 2010. This is your chance to ask questions at this meeting of Mounds View City Staff to include the Mayor and Mounds View Council Members. Below is a schedule of events. We hope to see you there! CITY OF MOUNDS VIEW TOWN HALL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, March 29, 2010 6:00 p.m. – 8:30 p.m. 6:00 p.m. – 6:30 p.m. Registration (Cookies and Refreshments will be Served) 6:00 p.m. – 8:30 p.m. City Exhibits • Banquet Center • Community Development Department • Finance Department • Fire Department • Police Department • Public Works • Recycling • YMCA/Mounds View Community Center 7:00 p.m. – 8:30 p.m. City Presentations 7:00 p.m. – 7:15 p.m. Mayor’s City Address 7:15 p.m. – 7:30 p.m. Award Presentations 7:30 p.m. – 8:00 p.m. Vision, Mission and Goals for 2010 Speaker: James Ericson, Clerk-Administrator 8:00 p.m. – 8:30 p.m. Final Thoughts and Questions 8:30 p.m. Town Hall Meeting Adjourns Item No: 11B2 Meeting Date: February 22, 2010 Type of Business: Reports Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: 2009 Mounds View Citizenship Award and 2009 Mounds View Volunteer Coach of the Year Background: The 2009 Mounds View Citizenship Award and the 2009 Volunteer Coach of the Year have traditionally been awarded during the City’s Town Hall Meeting. The 6th Annual Town Hall Meeting is currently scheduled for Monday, March 29, 2010, at Mounds View City Hall. The deadline for application submissions is Wednesday, February 24, 2010, at 430pm. Staff has not received any applications for both awards. Discussion: Staff would like to remind the residents that the deadline for applications is Wednesday, February 24th at 430pm. For application materials, please refer to the City’s website or contact the following below. 2009 Citizenship Award POC: Desaree Crane 763-717-4016 2009 Volunteer Coach of the Year POC: Pat Prindle 763-717.4036 Respectfully Submitted, ________________________ Desaree Crane 2009 ANNUAL REPORT PUBLIC WORKS DEPARTMENT To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Date: February 22, 2010 Introduction: The Mounds View Public Works Department is responsible for overseeing the operation, maintenance, repair, and improvement of all City-owned infrastructure, facilities, land, and vehicles. Public Works staff provides residents and businesses with clean drinking water, safe collection of wastewater, clear passageway of streets, reliable flood protection, beautiful parks, groomed athletic fields and recreational facilities, comfortable building spaces, and cost-effective, sustainable solutions for the long-term performance and delivery of these services. The function of the Public Works (PW) Department is generally broken into two divisions: Administration/Engineering (A/E) and Operation and Maintenance (O&M). The A/E division is generally responsible for department administrative activities, land and asset management, and project development. The O&M division primarily focuses on the operation, maintenance, and repair of City-owned infrastructure, facilities, land, and vehicles. O&M subdivisions include Drinking Water; Wastewater; Stormwater; Streets and Trails; Parks and Park Facilities; Building and Grounds; and Vehicles and Equipment. A/E staff operates out of the City Hall facilities and O&M staff operates out of the Public Works Facility located at 2466 Bronson Drive. An Organization Chart is attached at the end of this report. In addition to the above, City Forestry activities (jointly operated with New Brighton) are generally coordinated with the Public Works Department. Personnel: PW is comprised of 15 full-time and 10 part-time/seasonal employees for a total of 25. Many of the PW employees have good longevity at the City and all are very knowledgeable with their jobs. Several top leadership positions in the department have had vacancies in recent years, including the PW Supervisor since December 2006 and the PW Director from April 2008 to March 2009. These key positions are responsible for the overall efficiency of department activities, and it is anticipated that PW will continue to do more with less in 2010. Notable Accomplishments: Hired Public Works Director Advertised for Public Works Supervisor Interviewed all department employees/assessed department structure/needs Administration/Engineering: The A/E staff consists of the Public Works Director, Administration Assistant, Engineering/IS Technician, and the Engineering/GIS Intern. As previously mentioned, the A/E staff is generally responsible for department administrative activities, land and asset management, and project development. All project development activities (planning, design, plans/specs, bidding/award, construction, notices, etc.) are performed by A/E staff or are coordinated with hired consultants. The Engineering/IS Technician is the primary contact for the Roseville I-Net services assisting with all computer or technology duties. Other duties include overall PW file and record management; processing right-of-way permits and private improvements program; and coordinating with the Street and Utilities Committee and Parks and Recreation and Forestry Commission. Notable Accomplishments: Devised/implemented new electronic filing system and naming standards Information Systems coordination: annual computer replacements & upgrades 73 Right-of-Way permits reviewed/approved/issued Numerous general department and project-related phone calls P U B L I C W O R K S 2009 Annual Report | Public Works Department Page 2 Operation & Maintenance: The O&M staff consists of a PW and Parks Supervisor, a Lead Utility Worker, seven Maintenance Workers, a Mechanic, a MVCC Custodian, and nine seasonal maintenance workers. As previously mentioned, the O&M staff is generally responsible for ensuring operation, maintenance, and repair of City-owned infrastructure, facilities, land, and vehicles. Most of the O&M responsibilities occur after infrastructure construction is complete and ready to be used, where many of the A/E responsibilities relating to projects end at construction completion. O&M staff is cross-trained with each other to ensure good knowledge and coverage of responsibilities and duties, which especially comes in handy during stand-by (on call) duties. Notable Accomplishments: Drinking Water - supply, treat, store, and distribute drinking water 520,000,000+ gallons pumped 1,100+ water meter readers replaced 450+ fire hydrants flushed/inspected/managed 25 fire hydrants raised 47+ miles water main operated 1,000+ gate valves operated 5 municipal wells/3 treatment plants operated 1 booster station/500,000 gallon water tower/2,000,000 gallon reservoir operated 7 water main breaks repaired (2008/2009 winter) Annual Water Quality Report: prepared/mailed Numerous Gopher State One Call locates Wastewater Collection - collect and transport wastewater 44+ miles sanitary sewer cleaned/operated 900+ manholes managed/inspected 7+ miles sanitary sewer televised 2 lift stations operated/maintained Stormwater - collect and treat stormwater runoff, flood protection 30+ miles storm sewer operated 1,500+ catch basins/drainage structures operated 10+ regional stormwater ponds managed 80+ infiltration features installed (SUIP-Area A) Streets & Trails - manage pavements, snow/ice control, traffic control, street lights 43+ miles streets plowed/operated 15+ miles trails/sidewalks plowed/operated 1,400+ traffic signs managed 260+ tons salt applied for snow/ice control 620+ tons asphalt used for patched 133 mailbox posts fabricated for 398 mailboxes Parks & Park Facilities - maintain park land, shelters, amenities, athletic/recreation facilities 11 parks (150+ acres) operated/maintained 60+ acres mowed/fertilized 30+ acres irrigated 5 park buildings/shelters operated/maintained 2 hockey rinks/3 skating rinks operated/maintained 10 softball/baseball fields maintained 4 soccer fields maintained 2 tennis court facilities maintained 3 basket ball courts maintained 4 volleyball courts maintained 10 playgrounds maintained bird’s eye view of Public Works Facility 2009 Annual Report | Public Works Department Page 3 Buildings & Grounds - maintain and repair buildings and grounds 100,000+ square foot building operated/maintained 5+ acres grounds maintained Vehicles & Equipment - maintain and repair vehicles and equipment 55+ City owned vehicles and heavy/highway equipment, including: 35+ cars/trucks maintained 3 plow trucks/1 water truck maintained 1 loader/1 backhoe/1 compactor maintained Other Noteworthy O&M Repair Activities: New Year’s Eve 2009 Water Main Break Sometime between 4:00 and 4:30 the afternoon of December 31, 2009, a 10-inch water main broke in the south boulevard of County Road I near the Caribou Coffee/Little Caesar’s Pizza entrance to Mounds View Square Mall. Temperatures were subzero or hovering around zero degrees most of the day. At 5:00 when PW maintenance staff arrived at the scene, a torrent of water was running down all lanes of County Road I much like a swollen creek or small river. It was also around this time that residents were noticing very low water pressure city-wide, a result of the nearby 500,000 gallon water tower being drained empty and the 2 million gallon ground reservoir half-full. PW maintenance staff worked quickly to restore water pressure by starting several additional pumps to get the water tower and reservoirs filled up. At the same time, PW staff isolated the water main break by closing gate valves. Normal water pressure was restored around 7:00 that night. However, a 7-foot deep, 10-foot wide, 15-foot long cavern-hole was the end result of approximately 1.2 million gallons discharging through the break. The City’s water service contractor, Dave Perkins Contracting, was called the next morning (New Year’s Day) to perform the repair due to the need for heavier equipment required to cope with the frozen ground and exposed underground utilities. The break was repaired at about 1:30 in the afternoon and water service was restored to Mounds View Square shortly thereafter. cavern/hole left from water main break (before repair) contractor performing repair activities Chemical Scales and Chemical Switch-Over Units PW maintenance staff replaced the failing water treatment plant original equipment used to feed chemicals to treat the raw ground water to drinking water standards as part of the treatment process. Booster Station Structural Floor Repair The structural concrete floor in the booster station had been settling for many years and supports for the dual 12-inch water pipes are supported by the floor, resulting in inadequate support of the pipe. PW staff contracted with A-1 Mudjacking to restore the floor to near its original elevation. 2009 Annual Report | Public Works Department Page 4 Hillview Park Water Service Pipe Replacement PW staff performed construction to upgrade the 1-inch water service to the Hillview Park Building to provide better capacity to meet irrigation demands at the park. Construction included trenching and installing about 400 feet of 2-inch polyethylene water supply pipe to the building, including reconnections inside the building. Capital Improvement Projects: Summer 2009 in Mounds View will be remembered by the Public Works Department as the first year of street construction for with the Streets and Utilities Program. Five miles of streets and utilities were reconstructed as part of the 2009 Street and Utility Improvement Project - Area A. Thirteen contractors bid the project January 29, 2009 with the low bid submitted by North Valley, Inc. of Nowthen, Minnesota for $3,948,859, nearly $600,000 less than the engineer’s estimate. Currently, the project cost is tracking about $400,000 below that of the contract, or close to $1,000,000 below that of the engineer’s estimate at the time of bidding. Only one change order was issued for the project, which added manhole-to-manhole sliplining of the sewer in lieu of stint repairs. A tremendous amount of PW staff time and effort has been invested in the Area A project. PW staff were involved with project coordination; inspection; reviewing and approving contract documents; utility locates; providing record drawings; permitting, coordination with private utilities; progress meetings; administering the private improvement program; fabricating mailbox posts and supplying/marking mailboxes; ordering traffic signs; and many, many phone calls and correspondences. storm sewer construction street excavation and grading street paving on Edgewood Drive street paving in Silver Lake Woods 2009 Annual Report | Public Works Department Page 5 The time, commitment, and efforts of residents, businesses, council members, engineers, and City staff in the preceding years has given the City to begin reaching its goal to reconstruct 26-miles of dilapidated roadways. As a result of this comprehensive effort, the City of Mounds View was only one of eleven cities nation-wide to receive a 2009 American Crown Community award from the American City & County magazine. This award is given to municipalities that “exhibit the creativity, cooperation, and communication that is even more essential to efficient local government operations in challenging economic climates.” The full-page award article is attached to the end of this report. Xcel Energy 8-inch High Pressure Natural Gas Pipeline: In 2008, Xcel Energy completed a segment of 8-inch pipeline construction from the southwest corner of County Roads 10 and H2, through the north County Road 10 right-of-way, ending near the intersection of County Road 10 and I. In 2009, the pipeline construction continued, heading north on Eastwood Drive, jogging east on Ardan Avenue, then north again on Greenwood Drive to County Road J. All pipeline work and restoration work was completed by late summer 2009. The pipeline was put into service in July 2009 and was completed ahead of schedule. Xcel’s work was closely coordinated with City street construction. County Road 10 Trail Segments 1-5: Trail Segments 1-5 is located in the north boulevard of County Road 10 between County Road H and Red Oak Drive. Construction for this 1.7 mile long, 10-foot trailway began in September 2009 and was substantially complete by the end of November 2009. Bids were received on July 23, 2009 from 8 contractors with the low bid of $653,350 submitted by Max Steininger, Inc. of Eagan, Minnesota. All bids came in significantly lower than expected with the low bid 26% below the engineer’s estimate. A Federal grant of $525,000 covered much of the construction costs. paving operations for CR 10 Trail near Mounds View Square 150-kW Portable Emergency Generator: The City took ownership of a 150-kW portable emergency generator in late summer 2009. The procurement of the generator was through public bid, with the final cost equaling the bid price of $83,125. Interstate Power Systems of Minneapolis was the successful bidder and provided the generator unit. The generator is sized appropriately to provide emergency power to multiple facilities, including wells/water treatment plants, lift stations, and buildings. 2009 Annual Report | Public Works Department Page 6 Street and Utilities Improvement Project – Area B/C: Area B and C of the Street and Utilities Program was in high gear during 2009. Area B is located in the southwest corner of town west of Silver Lake Road between County Roads H and H2. Area C is located in the southeastern part of town east of Long Lake Road between County Roads H and H2 and west of Highway 10. The City Council approved a combined project, and estimates savings over $250,000 by combining Area C (originally scheduled for 2011 construction) with Area B through lower construction costs and engineering and legal fees. Bonestroo assisted the City with engineering services associated with planning, design, and plans/specification preparation for the project. Non-standard streets and pedestrian/bikeway accommodations were resolved at Street and Utility Committee and City Council meetings throughout the summer and fall. Non-standard street designs included Edgewood Drive, Springview Lane, and Irondale Road; pedestrian/bicycle accommodations were considered on Edgewood Drive, Woodcrest Drive, and Knollwood Drive. Area B/C is currently scheduled for a March 11, 2010 bid opening and the engineer’s estimate is $3,344,300. Street and Utilities Improvement Project – Area D: The City Council authorized Bonestroo to perform the preliminary survey in Area D, which they completed near the end of 2009. Planning, design, and preparation of plans/specifications is anticipated to occur during 2010, and construction for Area D is scheduled for 2011. Elevated Water Tower Rehabilitation: The City hired KLM Engineering, Inc. of Lake Elmo, Minnesota to perform a “float-down” inspection of the 500,000 gallon water tower. The inspection occurred on August 18, 2009 and an evaluation report was delivered to the City in October 2009. The evaluation report recommends some structural repairs and repainting the interior and exterior coatings within the next one to three years. An estimated construction cost of $525,000 was included with the report, with an additional $45,000 for temporary relocation of antenna costs. The current adopted Capital Improvement Program has the water tower rehabilitation project planned for 2010, but after conferring with PW staff, the project is now scheduled for 2011. City Hall Electrical Service Modifications: Bonestroo prepared a quotation proposal for modifications to the City Hall electrical service entrance to accommodate emergency power supply from the 150-kW portable generator. Having a back-up source of power to City Hall is essential since the City Hall building is designated as the Emergency Operations Center (EOC) during natural disasters or search and rescue operations. Three quotes were obtained with a low quote of $17,525 submitted by HyMark Electric, Inc. of Stacy, Minnesota. Construction is expected to be completed by Spring 2010. Ball Field Fencing Improvements: Based on the recommendation of the Parks and Recreation and Forestry Commission and approval of City Council, a low quote for $17,900 was submitted by Century Fence Company of Forest Lake for work to replace/add chain link fencing to baseball/softball backstops at Groveland, Hillview, City Hall, and Silver View Parks. Construction began in December 2009 and is expected to be complete by March 2010. Respectfully submitted, Nick DeBar - Public Works Director Attachments: • Public Works Organization Chart • Mounds View award article in American City & County magazine 12/1/2009PW Division (all caps) or SubdivisionPW Administration/Engineering personnelO&M-PW subdivision personnelO&M-Parks subdivision personnelTemp., part-time, or seasonal personnelCITY HALLPUBLIC WORKS FACILITY *vacant *vacantWastewaterEngineering/IS Tech.2-Maintenance Workers1-Seasonal Maint. Worker 1-Maintenance WorkerStormwater3-Seasonal Maintenance Workers1-Seasonal Maint. WorkerStreets/Trails1-Lead Utility Operator1-Maintenance WorkerDrinking Water2-Maintenance WorkersPublic Works SupervisorLEGENDCURRENT PUBLIC WORKS DEPARTMENT ORGANIZATION - DECEMBER 2009PT Engineering/GIS InternAdministrative AssistantENGINEERINGPW ADMINISTRATIONDirector of Public Works1-FT Seas. Maint. Worker3-Seasonal Maintenance WorkersOPERATION & MAINTENANCEParks SupervisorParks/Park Facilities1-Maintenance Worker1-MechanicBuildings/Grounds1-MVCC CustodianVehicles/Equipment www.americancityandcounty.com | December 2009 33 For three years, the Mounds View, Minn., Council could not overcome residents’ objections to move forward with a much-needed series of street and utility reconstruction projects that would cost an estimated $27 million. The recurring complaint expressed by residents was the cost of the assessments being passed on to the property owners. Other objections related to project-specific design details and what was perceived as a limited opportunity for residents to help guide the project. The council’s hands were tied because the city charter allows residents to petition against projects financed by direct assessments. After the second attempted project failed to overcome opposition in 2007, the council created a taskforce that involved city officials and more than 30 residents in reviewing the street assessment policy, proposing an alternative way to finance the road reconstruction projects and developing a standard street design. After six months of work, the taskforce presented its plans to the council. The final plan proposed using unobligated, pooled tax increment dollars from the city’s three TIF Districts, Minnesota State Aid System funds, contributions from city utility funds, and gas and electric franchise fees to reduce the amount of money homeowners would pay to $4 million. Additionally, the homeowners’ portion would be paid in a citywide $400,000 annual tax levy, which would vary based on each homeowner’s property bill, adding about $100 a year for 10 years to the average homeowner’s bill. The city council adopted every recommendation from the taskforce, and in spring 2009 the city launched a nine-project, 10-year program to replace 26 miles of substandard streets and utilities. The first project is under way, and the last one will be completed by 2018. Mounds View, Minn. Population: 13,000 Project: Street and Utility Reconstruction Cost: $27 million Date to be completed: 2018 Agencies/contractors: Rice Creek Watershed District, Bonestroo “AFTER YEARS OF PLANNING, OUR CITIZEN TASK FORCE HAS HIT THE JACKPOT WITH A DESIGN STANDARD AND FINANCING PLAN THAT WORKS FOR ALL OF US.” — Joe Flaherty, Mounds View mayor CONTACT:   Contact: Bill Wolpin, American City & County Editorial Director, 770-618-0112, bill.wolpin@penton.com    PENTON’S AMERICAN CITY & COUNTY MAGAZINE NAMES 11 AS “AMERICA’S CROWN COMMUNITIES”      NEW YORK (December 18, 2009) – Penton’s American City & County® magazine today announced that 11 cities  have been selected as 2009 “America’s Crown Communities.”  American City & County presents the awards  annually in recognition of outstanding leadership in local government. This year’s award winners are: Alexandria,  Va.; Casselberry, Fla.; Chandler and Gilbert, Ariz.; Decatur, Ala.; Dubuque, Iowa; Hillsborough County, Fla.;  Mounds View, Minn.; Polk County, Fla.; Richmond and York County, Va.; South San Francisco, Calif.; and West  Palm Beach, Fla. A profile of each community’s winning project is featured in the December issue of the magazine  and is available online at http://digital‐edition.americancityandcounty.com/.    Recipients of the annual awards are selected by the editors of American City & County based on nominations  submitted by the magazine's audience, city and county leaders, and associations. Any local government initiative  substantially completed within the last year can qualify for the awards, including those that repair infrastructure,  introduce new technology, improve quality of life for residents, or beautify public places. Entries are judged on  uniqueness, short‐ and long‐term value to the community, and effective/innovative financing.    “Despite the downturn in the economy, local government leaders produced a record number of winning Crown  Communities’ projects,” said Bill Wolpin, editorial director and associate publisher of American City & County.   “The judges had a tough time selecting because there were so many outstanding entries to choose from.”    American City & County has been the voice of state and local government since 1909. The magazine serves a  nationwide audience of city and county officials who are charged with developing and implementing local  government policy, programs and projects. American City & County is published monthly by Penton Media. For  more information about the magazine, visit www.americancityandcounty.com.     About Penton Media, Inc. As a leading, independent, business-to-business media company, Penton knows business and how to create and disseminate the vital content that moves markets. Penton serves the information needs of more than six million business professionals every month in industries ranging from Agriculture and Aviation to Electronics, Natural Products, and Information Technology. With nearly 80% of the company’s properties ranked the #1 or #2 information source for their respective industries, Penton is where professionals turn to gain the critical insight, expert analysis, and relevant connections needed to compete and succeed. Headquartered in New York City, the privately held company is owned by MidOcean Partners and U.S. Equity Partners II, an investment fund sponsored by Wasserstein & Co., LP, and its co-investors. To find out more on Penton, visit www.penton.com.   # # #  Item No: 11B5 Meeting Date: Feb 22, 2010 Type of Business: Reports Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Review Action Steps Regarding Police Chief Recruitment Introduction: The Mounds View City Council held a retreat at Random Park on February 12, 2010 with the department heads to discuss goals and priorities for 2010. One of the issues discussed concerned the vacant Police Chief position, presently being held on an interim basis by Deputy Police Chief Tom Kinney. Discussion: Deputy Chief Kinney has been serving as the City’s interim Police Chief since October 31, 2009 after the retirement of former Chief Mike Sommer. Deputy Chief Kinney has been serving in a satisfactory fashion and, pleased with his performance, the Council indicated a desire to explore making the interim assignment permanent. To do so, a thorough background investigation, medical examination and a psychological evaluation would be the conducted. Presuming Deputy Chief Kinney passes these examinations and investigations, interviews would be scheduled individually with the City Council. After all this has occurred, if the Council feels Deputy Chief Kinney is the best person for the Chief’s position, an offer would be extended per Council directive. Concurrent to all this activity, the Police Civil Service Commission would be involved and would ultimately need to certify an eligibility list for the position for Council action. Recommendation: Direct staff to initiate the background investigation and schedule examinations and to work with the Police Civil Service Commission regarding the potential appointment of Deputy Chief Tom Kinney as the City’s permanent Police Chief. Respectfully submitted, ________________________ James Ericson Clerk - Administrator Item No: 11B6 Meeting Date: Feb 22, 2010 Type of Business: Reports Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Review Draft Goals and Priorities for 2010 Introduction: The Mounds View City Council held a retreat at Random Park on February 12, 2010 with the department heads to discuss goals and priorities for 2010. Discussion: Attached is a summary of the goals and priorities as we discussed. They are ranked in order of importance, according to the votes of the City Council members. If the document accurately and adequately captures the spirit of what we discussed, we will adopt a resolution on March 8, 2010 approving said goals and priorities. Recommendation: Please review the attached goals and priorities and communicate any potential changes or revisions so that they may be brought back for formal approval on March 8, 2010. Respectfully submitted, ________________________ James Ericson Clerk - Administrator 2010 Goals and Priorities On February 12, 2010, the City Council and Department Heads held a strategic planning and goal setting retreat at Random Park. After reviewing the goals set by the City in 2008 and reapproved in 2009, the Council identified a new set of goals and priorities which are as follows: o Address Immediate Budget Constraints and Achieve Budget Sustainability o Enhance City Revenue Streams o Focus on County Highway 10 Development and Redevelopment o Continue implementing the Street and Utility Improvement Program o Continue Emphasis on Code Enforcement Throughout the City o Ensure Long-Term Municipal I-net Backbone Connectivity o Continue Focus on Issues Relating to Home Foreclosures and Vacancies o Assess and Improve Community Center Operations o Continue to Encourage Public Participation and Improve Communications These goals and priorities represent a combination of both short and long term issues and serve as a framework and guide for future actions by the City Council. The highest priority identified by the Council relates to the budget and dealing with the unplanned additional unallotment of intergovernmental aid. With the prospect of such aid unlikely in subsequent years, the City Council will need to develop a budget that is affordable, reasonable and sustainable over the long-term; sheltered from future state budget deficiencies. To achieve these goals, the City will need to explore opportunities for enhanced revenues, encourage additional development and redevelopment, continue working on the street and utility reconstruction program and maintain its emphasis on code enforcement activity. The City needs to do all these while providing the core public services to the residents and property owners they expect and depend upon. Item No: 11B7 Meeting Date: Feb 22, 2010 Type of Business: Reports Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Review March 2010 Worksession Agenda Introduction: Attached is the agenda for the March, 1, 2010 worksession, for your information, however additional items might be added to the agenda between now and then, as is often the case. Agenda Items Discussed by Consensus 1. Liquor Code Amendment Discussion 2. Charitable Gambling Code Amendment Discussion 3. Courtesy Benches - Possible Code Amendment Discussion 4. 2010 Budget Review with Proposed State Aid Reductions Respectfully submitted, ________________________ James Ericson Clerk - Administrator 364023v1 SJR MU125-11 Kennedy 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: February 18, 2010 To: Jim Ericson, City Clerk-Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters, Review request for an audit letter and draft same. MU210-5: General Real Estate Matters. Review information regarding possible deed restrictions on a lot. Legal research regarding same and consult with City staff. Consult with City staff regarding use of City property issues, etc. Matters are presently pending. MU210-26: The Mermaid. Review data practices request from Mermaid owners regarding a purported 1977 project. Review and consult with City staff regarding same. Work on response. Further consultation with City staff regarding matter. Draft response regarding matter. Matter is presently pending. MU210-31: City Hall Renovations. Review contract and certificate of insurance regarding City Hall Electrical Service Entrance Modifications project. Consult with City staff. Matter is presently pending. MU210-54: City Code Updates/Revisions. Update City Code. Matter is presently pending. MU210-106: General Labor Matters. Review and consult with City staff regarding mediation of labor contract, labor negotiations, etc. Matter is presently pending. MU210-107: Telecommunications Matters. Review City staff inquiry regarding FCC Order. Provide memorandum to City staff regarding same. Will continue to monitor status of the FCC Order. Matter is presently pending. SJR:jms