HomeMy WebLinkAboutAgenda Packets - 2010/03/22CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, March 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
7. COUNCIL BUSINESS
A. Second Reading of Ordinance 835, an Ordinance Amending Title 500 of the City
Code about Lawful Gambling
B. Resolution 7599, Approving the 2010-2011 Public Works Collective Bargaining Unit
Labor Agreement
C. Resolution 7593, Awarding a Construction Contract for the 2010 Well No. 1 & 2
Rehabilitation Project
D. Resolution 7595, Awarding a Construction Contract for the Street and Utility
Improvement Project - Area B/C
E. Resolution 7596, Approving the Sale of Used Public Works Equipment
F. Resolution 7597, Adopting a Calendar for the Preparation of the 2011 Budget
G. Resolution 7594, Authorizing a Step Increase for Nick DeBar, Public Works Director
H. Resolution 7598 Authorizing Purchase of Lumber and Mailboxes for the 2010 SUIP
– Area B/C and Rescinding Resolution 7578
8. CONSENT AGENDA
A. Resolution 7600 Accepting Donation from Bethlehem Baptist Church
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. February 22, 2010, City Council Minutes
B. March 8, 2010, Executive Session Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Announce the Mounds View Town Hall Meeting on March 29, 2010, at
Mounds View City Hall
2. Report of Administrator
C. Reports of City Attorney
12. Next Council Work Session: Monday, April 5, 2010, at 7 p.m.
Next Council Meeting: Monday, April 12, 2010, at 7 p.m.
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, March 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
7. COUNCIL BUSINESS
A. Second Reading of Ordinance 835, an Ordinance Amending Title 500 of the City
Code about Lawful Gambling
B. Resolution 7599, Approving the 2010-2011 Public Works Collective Bargaining Unit
Labor Agreement
C. Resolution 7593, Awarding a Construction Contract for the 2010 Well No. 1 & 2
Rehabilitation Project
D. Resolution 7595, Awarding a Construction Contract for the Street and Utility
Improvement Project - Area B/C
E. Resolution 7596, Approving the Sale of Used Public Works Equipment
F. Resolution 7597, Adopting a Calendar for the Preparation of the 2011 Budget
G. Resolution 7594, Authorizing a Step Increase for Nick DeBar, Public Works Director
H. Resolution 7598 Authorizing Purchase of Lumber and Mailboxes for the 2010 SUIP
– Area B/C and Rescinding Resolution 7578
8. CONSENT AGENDA
A. Resolution 7600 Accepting Donation from Bethlehem Baptist Church
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. February 22, 2010, City Council Minutes
B. March 8, 2010, Executive Session Minutes
Monday, March 22, 2010
City Council Agenda
Page 2
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Announce the Mounds View Town Hall Meeting on March 29, 2010, at
Mounds View City Hall
2. Report of Administrator
C. Reports of City Attorney
12. Next Council Work Session: Monday, April 5, 2010, at 7 p.m.
Next Council Meeting: Monday, April 12, 2010, at 7 p.m.
Item No: 07A
Meeting Date: March 22, 2010
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jim Ericson, Clerk-Administrator
Item Title/Subject: Second Reading and Adoption of Ordinance 835, an
Ordinance Amending Title 500 of the Municipal Code
Regarding Charitable Gambling
Background:
Staff had identified many deficiencies in our City Code relative to Charitable Gambling and
initiated a process to amend Title 500 of the Code to remove the relevant charitable
gambling requirements from the two liquor license chapters and create a new, standalone
chapter addressing such issues. Staff has been working with the City Attorney on the
matter and at the September 2009 work session, the Council reviewed a draft of the
ordinance. While some questions remained unanswered, the ordinance was referred to
the September 14, 2009 Council meeting for a first reading.
Because of questions associated with the proposed “10% fund”, the ordinance was put on
hold and representatives from the two organizations licensed to conduct charitable
gambling in the City were invited to attend the Council’s December 2009 work session.
Representatives from Lake Region Hockey Association and Spring Lake Park Lions asked
the City to reconsider establishing a 10% Fund as there was very little gambling revenue
available and any further reduction after State taxes and other expenses would further
inhibit their ability to “give back” to the trade area.
Discussion:
The draft ordinance was brought back to the City Council at their March 2010 Work
session in an effort to get direction regarding the 10% Fund as well as local permits. The
Council consented to removing the 10% language from the ordinance but wanted to review
the matter again in a year to determine whether such an amendment would make sense.
(Staff has made note of this.) As for Local Permits, the City has the option of whether or
not it would like to approve such activity exempted or excluded by the State. After much
deliberation, a consensus was reached that exempt and excluded lawful gambling would
not need to be approved by the City. The other change proposed by the revised ordinance
would require that a licensed organization would be ineligible for a premises permit if their
organization was not local to the trade area.
The ordinance as revised based on direction expressed at the March work session was
presented for first reading on March 8, 2010. There have been no further changes or
revisions to the ordinance since the March 8 council meeting.
Ord 835 Report
March 22, 2010
Page 2
Recommendation:
Staff recommends approval of the second reading and adoption of Ordinance 835, an
ordinance amending Title 500 of the Mounds View City Code regarding charitable
gambling. Staff further recommends the City Council include in their motion the
authorization to publish the attached ordinance summary in the official newspaper
consistent with the City Charter.
Respectfully submitted,
________________________
James Ericson
Clerk – Administrator
Attachments:
1. Ord 835
ORDINANCE NO. 835
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500 OF THE MOUNDS VIEW
CITY CODE BY CREATING A NEW CHAPTER 518 REGULATING
LAWFUL GAMBLING AND AMENDING TITLE 500, SECTIONS 502.13
AND 503.09, TO BE CONSISTENT WITH THE NEW CHAPTER 518
THE CITY OF MOUNDS VIEW, MINNESOTA, ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 500 of the
Mounds View Municipal Code by adding Chapter 518 as follows:
Section
518.01 Adoption of State Law by Reference
518.02 Purpose
518.03 Definitions
518.04 Applicability
518.05 Lawful Gambling Permitted with Council Approval
518.06 Application and Local Approval of Premises Permits
518.07 Local Permits
518.08 Revocation and Suspension of Local Permit
518.09 License and Permit Display
518.10 Notification of Material Changes to Application
518.11 Designated Trade Area
518.12 Records and Reporting
518.13 Hours of Operation
518.14 Penalty
518.15 Severability
518.01: ADOPTION OF STATE LAW BY REFERENCE:
The provisions of Minnesota Statutes, Chapter 349, as they may be amended from time to time, with
reference to the definition of terms, conditions of operation, provisions relating to sales, and all other
matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this
ordinance as if set out in full. It is the intention of the Council that all future amendments of
Minnesota Statutes, Chapter 349, are hereby adopted by reference or referenced as if they had been in
existence at the time this ordinance was adopted.
518.02: PURPOSE:
The purpose of this ordinance is to regulate lawful gambling within the City of Mounds View to
ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes.
Page 1
518.03: DEFINITIONS:
In addition to the definitions contained in Minnesota Statutes, Section 349.12, as it may be amended
from time to time, the following terms are defined for purposes of this ordinance:
BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board.
CITY, as used in this ordinance, means the City of Mounds View.
COUNCIL, as used in this ordinance, means the City Council of the City of Mounds View.
LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the
Board.
LOCAL PERMIT, as used in this ordinance, means a permit issued by the City.
TRADE AREA, as used in this ordinance, means the City, Blaine, Shoreview, Arden Hills, New
Brighton, Fridley, and Spring Lake Park.
518.04: APPLICABILITY:
This ordinance shall be construed to regulate all forms of lawful gambling within the City except
bingo conducted pursuant to Minnesota Statutes, Sections 349.166, subdivisions 1(b), as amended
from time to time.
518.05: LAWFUL GAMBLING PERMITTED WITH COUNCIL APPROVAL:
Lawful gambling is permitted within the City provided it is conducted in accordance with Minnesota
Statutes, Sections 609.75-609.763, inclusive, as they many be amended from time to time;
Minnesota Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time to time;
and this ordinance. Lawful gambling shall not be conducted unless approved by the Council, with
the exception of exempt or excluded lawful gambling as provided for in Minnesota Statutes, Section
349.11.
518.06: APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS:
Subd. 1. Any organization seeking to obtain a premises permit or renewal of a premises permit
from the Board shall file with the clerk-administer an executed, complete duplicate application,
together with all exhibits and documents accompanying the application as will be filed with the
Board.
Subd. 2. Upon receipt of an application for issuance or renewal of a premises permit, the clerk-
administer shall transmit the application to the chief of police for review and recommendation.
Subd. 3. The chief of police shall investigate the matter and make the review and
recommendation to the City Council as soon as possible, but in no event later than forty-five (45)
days following receipt of the notification by the City.
Page 2
Subd. 4. Organizations applying for a state issued premises permit shall pay the City an annual
$100 investigation fee. This fee shall be refunded if the application is withdrawn before the
investigation is commenced.
Subd. 5. The applicant shall be notified in writing of the date on which the Council will
consider the recommendation.
Subd. 6. The Council shall receive the police chief's report and consider the application within
forty-five (45) days of the date the application was submitted to the clerk-administer.
Subd. 7. The Council shall, by resolution, approve or disapprove the application within sixty
(60) days of receipt of the application.
Subd. 8. The Council shall deny an application for issuance or renewal of a premises permit for
any of the following reasons:
(a) Violation by the gambling organization of any state statute, state rule, or city
ordinance relating to gambling within the last three (3) years.
(b) Violation by the on-sale establishment, or organization leasing its premises for
gambling, of any state statute, state rule, or city ordinance relating to the operation of the
establishment, including, but not limited to, laws relating to alcoholic beverages, gambling,
controlled substances, suppression of vice and protection of public safety within the last three (3)
years.
(c) Lawful gambling would be conducted at premises other than those for which an on-
sale liquor license has been issued.
(d) Lawful gambling would be conducted at more than two (2) premises within the City.
(e) Failure of the applicant to pay the investigation fee required by this Section within the
prescribed time limit.
(f) Operation of gambling at the site would be detrimental to health, safety, and welfare
of the community.
(g) The applicant’s registered place of business is not within the Trade Area. This
requirement may be waived by the Council for good or just cause, at the Council’s sole discretion, if
it is in the interest of the Community to do so.
Otherwise the Council shall pass a resolution approving the application.
518.07: LOCAL PERMITS:
The City of Mounds View does not require that organizations conducting lawful gambling excluded
or exempted from state licensure requirements (Minnesota Statutes, Section 349.166, as it may be
amended from time to time) obtain a Local Permit. The organization shall provide proof of state
exemption or exclusion if requested by the City.
518.08: REVOCATION AND SUSPENSION OF LOCAL PERMIT:
Subd. 1. A local permit may be revoked, or temporarily suspended for a violation by the
gambling organization of any state statute, state rule, or city ordinance relating to gambling.
Page 3
Subd. 2. A license shall not be revoked or suspended until written notice and an opportunity
for a hearing have first been given to the permitted person. The notice shall be personally served or
sent by certified or registered mail. If the person refuses to accept notice, notice of the violation shall
be served by posting it on the premises. Notice shall state the provision reasonably believed to be
violated and shall also state that the permitted person may demand a hearing on the matter, in which
case the permit will not be suspended until after the hearing is held. If the permitted person requests
a hearing, the Council shall hold a hearing on the matter at least one week after the date on which the
request is made. If, as a result of the hearing, the Council finds that an ordinance violation exists,
then the Council may suspend or revoke the permit.
518.09: LICENSE AND PERMIT DISPLAY:
All permits issued under state law or this ordinance shall be prominently displayed during the permit
year at the premises where gambling is conducted.
518.10: NOTIFICATION OF MATERIAL CHANGES TO APPLICATION:
An organization holding a state issued premises permit or a local permit shall notify the City within
ten (10) days in writing whenever any material change is made in the information submitted on the
application.
518.11: DESIGNATED TRADE AREA:
Subd. 1. Each organization licensed to conduct gambling within the City shall expend at least
seventy-five percent (75%) of its lawful purpose expenditures on lawful purposes conducted within
the City’s Trade Area.
Subd. 2. This section applies only to lawful purpose expenditures of gross profits derived from
gambling conducted at a premises within the City’s jurisdiction.
518.12: RECORDS AND REPORTING:
Subd. 1. Organizations conducting lawful gambling shall file with the clerk-administer one
copy of all records and reports required to be filed with the Board, pursuant to Minnesota Statutes,
Chapter 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they
may be amended from time to time. The records and reports shall be filed on or before the day they
are required to be filed with the Board.
Subd. 2. Organizations licensed by the Board shall file a report with the City proving
compliance with the trade area spending requirements imposed by Section 518.12 (Designated Trade
Area). Such report shall be made on a form prescribed by the City and shall be submitted annually
and in advance of application for renewal.
Page 4
518.13: HOURS OF OPERATION:
Lawful gambling shall not be conducted between 1 a.m. (or 2 a.m. if the premises has been approved
for the extended bar closing time) and 8 a.m. on any day of the week.
518.14: PENALTY:
Any person who violates:
(a) Any provision of this ordinance;
(b) Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time
to time; or
(c) Minnesota Statutes, Sections 349.11-349.21, as they may be amended from time to time or
any rules promulgated under those sections, as they may be amended from time to time shall be
guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or imprisonment for a
term not to exceed ninety (90) days, or both, plus in either case the costs of prosecution. In addition,
violations shall be reported to the Board and recommendation shall be made for suspension,
revocation, or cancellation of an organization’s license.
518.15: SEVERABILITY:
If any provision of this ordinance is found to be invalid for any reason by a court of competent
jurisdiction, the validity of the remaining provisions shall not be affected.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 502, of the Mounds View Municipal Code by amending Section 502.13, subdivision 2, as
follows:
Subd. 2. Gambling Devices:
a. No licensee shall keep, possess or operate or permit the keeping, possession or
operation of any slot machines, dice or any gambling device or apparatus equipment on
the licensed premises or in any room adjoining the licensed premises in violation of
Chapter 349 of Minnesota Statutes and Chapter 518 of the City Code. Licensee shall not
permit any gambling therein, except when in conjunction with an event licensed under
Minnesota Statutes 349 and sponsored by a fraternal, religious, veteran or other nonprofit
organization in the City, which has been in existence for at least three (3) years and has at
least thirty (30) active members.
b. No licensee shall conduct or permit to be conducted on any licensed premises “casino”
or “Las Vegas” events where guests are allowed to participate in gambling activities,
except when said guests are not required to provide monetary consideration for the right
to participate in the event.
Page 5
c. By December 31st of each calendar year, a licensed organization conducting lawful
gambling within the City shall expend seventy five percent (75%) of its expenditures for
lawful purposes conducted or located within the City's trade area. The City's “trade area”
is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden
Hills, New Brighton and Fridley.
d. Each organization licensed to conduct charitable gambling in the City shall report
monthly to the City its gross receipts, expenses, and profits from those activities in and
the distribution of those profits, itemized as to payee, purpose, amount and date of
payment. Organizations licensed to conduct charitable gambling at more than one (1) site
must provide the above-mentioned information for each site within the City. These
requirements may be satisfied by submission of copies of the monthly reports required by
the Gambling Control Board.
SECTION 3. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 503, of the Mounds View Municipal Code by amending Section 503.09, subdivision 8, as
follows:
Subd. 8. Gambling and Gambling Devices:
a. No licensee shall keep, possess or operate or permit the keeping, possession or
operation of any slot machines, dice or any gambling device or apparatus equipment on
the licensed premises or in any room adjoining the licensed premises in violation of
Chapter 349 of Minnesota Statutes and Chapter 518 of the City Code. Licensee shall not
permit any gambling therein, except when in conjunction with an event licensed under
Minnesota Statutes 349 and sponsored by a fraternal, religious, veteran or other nonprofit
organization in the City, which has been in existence for at least three (3) years and has at
least thirty (30) active members.
b. No licensee shall conduct or permit to be conducted on any licensed premises “casino”
or “Las Vegas” events where guests are allowed to participate in gambling activities,
except when said guests are not required to provide monetary consideration for the right
to participate in the event.
c. By December 31st of each calendar year, a licensed organization conducting lawful
gambling within the City shall expend seventy five percent (75%) of its expenditures for
lawful purposes conducted or located within the City's trade area. The City's “trade area”
is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden
Hills, New Brighton and Fridley.
d. Each organization licensed to conduct charitable gambling in the City shall report
monthly to the City its gross receipts, expenses, and profits from those activities in and
the distribution of those profits, itemized as to payee, purpose, amount and date of
payment. Organizations licensed to conduct charitable gambling at more than one (1) site
must provide the above-mentioned information for each site within the City. These
requirements may be satisfied by submission of copies of the monthly reports required by
the Gambling Control Board.
Page 6
SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and
publication, in accordance with Section 3.09 of the City Charter.
Reintroduction and First Reading: March 8, 2010
Second Reading and Adoption: March 22, 2010
Publication Date: April 1, 2010
Joe Flaherty, Mayor
Attest:
_______________________________
Jim Ericson, Clerk-Administrator
(seal)
Page 7
ORDINANCE SUMMARY
ORDINANCE 835
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500 OF THE MOUNDS VIEW CITY
CODE BY CREATING A NEW CHAPTER 518 REGULATING LAWFUL
GAMBLING AND AMENDING TITLE 500, SECTIONS 502.13 AND
503.09, TO BE CONSISTENT WITH THE NEW CHAPTER 518
On March 22, 2010, the Mounds View City Council approved Ordinance 835 which amends
the Title 500 of the Mounds View City Code by creating a new Chapter 518 regulating
lawful gambling and amending Chapters 502 and 503 relating to liquor licenses to clarify
and update the lawful gambling regulations. Three issues are worth noting for the
purposes of this summary:
• While discussed, the Council chose to NOT establish a “10% fund”
• Premises permits will only be approved for licensed organizations located
within the City’s trade area, defined as Mounds View and the surrounding
municipalities.
• Exempted or excluded lawful gambling activity as specified in MN Statutes
will no longer need a permit from the City
The Ordinance was first read on March 8, 2010, was adopted on March 22, 2010, was
published on April 1, 2010, and will become effective on April 30, 2010.
The ordinance is on file and available for public viewing at the office of the Clerk
Administrator. The ordinance is posted in its entirety on the City’s website, located at
www.ci.mounds-view.mn.us
Jim Ericson
Clerk-Administrator
1
LABOR AGREEMENT
BETWEEN
THE CITY OF MOUNDS VIEW
AND
PUBLIC WORKS COLLECTIVE BARGAINING UNIT
JANUARY 1, 2010 - DECEMBER 31, 2011
2
LABOR AGREEMENT .................................................................................................... 1
PUBLIC WORKS COLLECTIVE BARGAINING UNIT .................................................... 1
ARTICLE 1. PURPOSE OF AGREEMENT .................................................................... 3
ARTICLE 2. CITY AUTHORITY ..................................................................................... 3
ARTICLE 3. APPLICABILITY OF CITY PERSONNEL CODE ....................................... 4
ARTICLE 4. GRIEVANCE PROCEDURE ....................................................................... 4
ARTICLE 5. DEFINITIONS ............................................................................................ 4
ARTICLE 6. SAVINGS CLAUSE ..................................................................................... 4
ARTICLE 7. WORK SCHEDULE ................................................................................... 5
ARTICLE 8. HOLIDAYS ................................................................................................. 6
ARTICLE 9. VACATION ................................................................................................. 6
ARTICLE 10. OVERTIME PAY ...................................................................................... 7
ARTICLE 11. COMPENSATORY TIME ......................................................................... 7
ARTICLE 12. CALL BACK .............................................................................................. 8
ARTICLE 13. LEGAL DEFENSE .................................................................................... 8
ARTICLE 14. RIGHT OF SUBCONTRACT ..................................................................... 8
ARTICLE 15. DISCIPLINE .............................................................................................. 8
ARTICLE 16. SENIORITY ............................................................................................... 8
ARTICLE 17. PROBATIONARY PERIODS .................................................................... 9
ARTICLE 18. SAFETY .................................................................................................... 9
ARTICLE 19. JOB POSTING ......................................................................................... 9
ARTICLE 20. INSURANCE ........................................................................................... 10
ARTICLE 21. INJURY ON DUTY. ................................................................................. 10
ARTICLE 22. CLOTHING. ............................................................................................ 10
ARTICLE 23. STANDBY DUTY. ................................................................................... 11
ARTICLE 24. PERFORMANCE REVIEWS. ................................................................. 11
ARTICLE 25. JOB CLASSIFICATION SYSTEM. .......................................................... 11
ARTICLE 26. SEVERANCE .......................................................................................... 14
ARTICLE 27. RETIREMENT HEALTH SAVINGS PLAN .............................................. 14
ARTICLE 28. WAGES. ................................................................................................. 15
ARTICLE 29. INTERMITTENT LEAD WORKER .......................................................... 16
ARTICLE 30. DEPARTMENT LEAD DESIGNATION. .................................................. 16
ARTICLE 31. DURATION. ............................................................................................ 16
3
ARTICLE 1. PURPOSE OF AGREEMENT
This AGREEMENT is entered into by and between the City of Mounds View, hereinafter
called the CITY, and the named members of the City's Public Works and Parks
Division, hereinafter called the EMPLOYEES.
The intent and purpose of this AGREEMENT is to:
1.1 Establish the conditions that will govern the employment relationship between
the CITY and the EMPLOYEES in the Public Works Department including
Garage, Parks Maintenance, Street Maintenance, Sanitary Sewer Operations,
Water Operations, Storm Sewer/Surface Water Operations, Custodial Services
and other maintenance areas the CITY may add;
1.2 Establish hours, wages and other conditions of employment;
1.3 Establish procedures for the resolution of disputes concerning this
AGREEMENT's interpretation and/or application;
1.4 Specify the full and complete understanding of the parties; and
1.5 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this AGREEMENT.
The CITY and the EMPLOYEES, through this AGREEMENT, continue their dedication
to the highest quality of public service. Both parties recognize this AGREEMENT as a
pledge of this dedication.
ARTICLE 2. CITY AUTHORITY
2.1 The CITY retains the full and unrestricted right to operate and manage all labor
force, facilities, and equipment; to establish functions and programs; to set and
amend budgets; to determine the utilization of technology; to establish and
modify the organizational structure; to select, direct and determine the number of
personnel; to establish work schedules; and to perform any inherent managerial
function not specifically addressed or limited by the AGREEMENT.
2.2 Any term and condition of employment not specifically established or modified by
this AGREEMENT shall be governed by the Personnel Manual, which shall
remain solely within the discretion of the CITY to modify, establish, or eliminate.
In the event the City adopts a modification to the Personnel Manual, the City will
notify the Employees in a timely fashion and document their receipt of the
revisions.
4
ARTICLE 3. APPLICABILITY OF CITY PERSONNEL CODE
3.1 Except where specifically superseded by this agreement, the Personnel Manual
of the CITY shall regulate all conditions of employment.
ARTICLE 4. GRIEVANCE PROCEDURE
4.1 The grievance procedure for the EMPLOYEES shall be as prescribed by Section
1.20 of the Personnel Manual.
ARTICLE 5. DEFINITIONS
5.1 "EMPLOYEE" means an individual who has been hired by the City, and has
successfully passed all required tests and qualifications, and who is employed on
a schedule of at least 40 hours per week and 80 hours per pay period and who is
subject to the terms of this agreement.
5.2 “EMPLOYER” refers to the City of Mounds View.
5.3 "BASE PAY RATE" means an employee's hourly pay rate exclusive of any other
special allowances.
5.4 "SENIORITY" means length of continuous service with the CITY for purposes of
promotion, transfer, layoff and recall.
5.5 "CALL BACK" means return of an employee to a specified work site to perform
assigned duties at the express authorization of the CITY at a time other than an
assigned shift. An extension of or an early report to an assigned shift is not a
call back.
ARTICLE 6. SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota,
and the CITY. In the event any provision of this AGREEMENT shall be held to be
contrary to law by a court of competent jurisdiction from whose final judgement or
decree no appeal has been taken within the time provided, such provision shall be
voided. All other provisions of this AGREEMENT shall continue in full force and effect.
The voided provision may be renegotiated at the request of either party.
5
ARTICLE 7. WORK SCHEDULE
7.1 The sole authority for work schedules is the CITY. The normal workday for an
EMPLOYEE shall be eight (8) hours. The normal workweek shall be forty (40)
hours Monday through Friday. Hours per day and days of the week may be
varied if mutually agreed between the CITY and the EMPLOYEE.
The City will not prevent the employee from working up to 80 hours in any given
payroll period, except with two weeks advanced notice. The Collective
Bargaining Unit may suggest alternatives for proposed reductions in hours.
7.2 Service to the public may require the establishment of regular shifts for some
EMPLOYEES on a daily, weekly, seasonal or annual basis other than the normal
7:00 a.m. - 3:30 p.m. day. The CITY will give seven (7) days advance notice to
the EMPLOYEES affected by the establishment of workdays different from the
EMPLOYEES normal eight-hour workday.
7.3 In the event that work is required outside of the normal workday hours because
of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or
breakdown of municipal equipment or facilities, no advance notice need be
given. It is not required that an EMPLOYEE working other than the normal work
day be scheduled to work more than eight (8) hours, however, each EMPLOYEE
has an obligation to work overtime or call backs if requested unless unusual
circumstances prevent the EMPLOYEE from so working.
7.4 Service to the public may require the establishment of regular workweeks that
schedule work on Saturdays and/or Sundays.
7.5 Effective January 1, 2006, EMPLOYEES who are called in to work prior to the
starting time of the shift regularly assigned, due to, but not limited to, performing
snow and ice control operations, or due to utility emergencies, weather
emergencies, or a cargo spill that creates a hazard, shall be compensated at a
preshift premium of $7.00 per hour for the preshift hours worked not to exceed
$21.00 per event. When an employee qualifies for both overtime/comp time and
preshift premium on the same shift, each hour of preshift pay earned will be
eliminated for each hour of overtime/comp time earned. An EMPLOYEE called
in to work early shall be afforded the right to work until the end of the
EMPLOYEE’S otherwise normal shift.
6
ARTICLE 8. HOLIDAYS
8.1 Calendar Holidays
All members of the Collective Bargaining Unit will receive the following holidays
for 2010 and 2011:
1. New Year’s Day
2. Martin Luther King’s Birthday
3. President’s Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran’s Day
8. Thanksgiving Day
9. Day after Thanksgiving Day
10. Christmas Day
In the event that a holiday falls on a Saturday, the preceding Friday shall be a
paid holiday, and in the event that a holiday day falls on a Sunday, the following
Monday shall be a paid holiday.
8.2 Floating Holidays
In addition to the ten Calendar Holidays noted above, beginning in 2008,
EMPLOYEES will have two Floating Holidays to be used each year. Floating
Holidays not used by the end of the year shall be forfeited. Floating Holidays will
be paid out as regular vacation time and shall be requested off and approved by
the supervisor in the same manner as regular vacation time.
ARTICLE 9. VACATION
All members of the Collective Bargaining Unit shall accrue vacation as follows:
ACCRUAL SCHEDULE
Years of Service Days per Year
6 months - 1 year 10 days
1 through 5 years 10 days
After 5 years through 10 years 15 days
After 11 years 16 days
After 12 years 17 days
After 13 years 18 days
After 14 years 19 days
After 15 years 20 days
After 20 years 25 days
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ARTICLE 10. OVERTIME PAY
10.1 Hours worked in excess of either eight (8) hours within a twenty-four (24) hour
period (except for shift changes) or more than eighty (80) hours within a fourteen
(14) day pay period will be compensated for at one and one-half times the
EMPLOYEES regular base pay. Employee working on a Calendar Holiday will
be compensated at normal holiday pay plus two times the EMPLOYEE'S regular
base pay rate for hours worked. Overtime paid on holiday call-outs that fall on
weekends will be paid for the holiday itself, not the observed day off.
10.2 Holiday hours will be considered hours worked for computation of overtime.
10.3 Overtime will be distributed as equally as practicable based upon a list
maintained by the CITY and in consideration of any special skill requirements.
Work in progress will not be stopped merely to equalize overtime, but will
continue with the crew assigned.
10.4 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded, or paid twice for the same hours worked.
ARTICLE 11. COMPENSATORY TIME
All members of the Collective Bargaining Unit who DO NOT participate in Stand By
Duty as described in Article 23 of this agreement shall be allowed compensatory time
as described in the City Personnel Manual.
All members of the Collective Bargaining Unit who DO participate in Stand By Duty as
described in Article 23 of this agreement shall be allowed compensatory as described
as follows:
11.1. Compensatory time-off in lieu of cash payment is allowed only in
accordance with the Fair Labor Standards Act for all permanent non-
exempt employees. Compensatory time is compensated at a rate of one
and one-half times the hours worked in excess of the established work-
week.
11.2. An employee may not use any more than 160 hours of compensatory time
per year.
11.3. The maximum total accrued compensatory time balance shall not exceed
60 hours per employee.
11.4. The respective Department Head or the City Administrator must give prior
approval for any accumulation of compensatory time by an employee.
11.5. The respective Department Head or the City Administrator must give prior
approval for any use of compensatory time by an employee. If an
employee is terminated from employment they will be compensated for
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accumulated compensatory time earned up to the above stated
maximum.
11.6. Any accumulated compensatory time not used by the end of the last pay
period in November shall be cashed out.
ARTICLE 12. CALL BACK
Except as noted in Article 7.5 of this Agreement, an employee called in for work at a
time other than the employee's normal scheduled shift will be compensated for a
minimum of two (2) hour's pay at one and one-half (1 ½) the employee's base pay rate.
ARTICLE 13. LEGAL DEFENSE
13.1 EMPLOYEES involved in litigation because of gross negligence, ignorance of the
laws, or non-observance of laws, may not receive legal defense by the City.
13.2 An EMPLOYEE who is charged with a traffic violation, ordinance violation or
criminal offense arising from acts performed within the scope of the
EMPLOYEE's employment, when such act is performed in good faith and under
direct order of the CITY shall be reimbursed for reasonable attorney's fees and
court costs actually incurred by such EMPLOYEE in defending against such
charge.
13.3 All EMPLOYEES will be covered by the CITY's professional liability coverage
and, if necessary, named separately in the policy.
ARTICLE 14. RIGHT OF SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of the CITY from
subcontracting work performed by EMPLOYEES covered by this AGREEMENT.
ARTICLE 15. DISCIPLINE
The EMPLOYER will discipline employees only for just cause. Suspension, demotion
and dismissal actions shall be regulated by the Personnel Code.
ARTICLE 16. SENIORITY
16.1 Seniority will be the determining criterion for transfers, promotions and layoffs
only when all job-relevant qualification factors are equal.
16.2 Seniority will be the determining criteria for recall when all job-relevant
qualification factors are equal. Recall rights under this provision will continue for
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twenty-four (24) months after lay off. Recalled employees shall have ten (10)
working days after notification of recall by registered mail at the employee's last
known address to report to work or forfeit all recall rights.
ARTICLE 17. PROBATIONARY PERIODS
17.1 All newly hired or rehired EMPLOYEES will serve a twelve (12) month
probationary period.
17.2 Reclassified positions that have exhausted the twelve (12) month probationary
period will serve a six (6) month probationary period. All EMPLOYEES will
serve a six month (6) month probationary period in any job level in which the
EMPLOYEE has not served a probationary period.
17.3 At any time during the probationary period a newly hired or rehired EMPLOYEE
may be terminated at the sole discretion of the CITY.
17.4 At any time during the probationary period a promoted or reassigned
EMPLOYEE may be demoted or reassigned to the EMPLOYEE's previous
position at the sole discretion of the CITY.
ARTICLE 18. SAFETY
18.1 The CITY AND THE EMPLOYEES agree to jointly promote safe and healthful
working conditions, to cooperate in safety manners and to work in a safe
manner.
18.2 The City will reimburse an employee up to $ 265 for the two-year period for the
cost of a City approved purchase of prescription safety glasses to be used during
working hours.
18.3 If the safety glasses are damaged or destroyed in the course of City business,
the City will reimburse the employee for the cost of repairs to one pair of safety
glasses per year, not to exceed the original purchase price subject to approval by
the Employee’s Supervisor.
ARTICLE 19. JOB POSTING
19.1 The CITY agrees that permanent job vacancies within the department shall be
filled based on the concept of promotion from within provided that applicants
have the necessary qualifications to meet the standards of the job vacancy and
have the ability to perform the duties and responsibilities of the job vacancy.
19.2 Employees filling a higher job level based on the provisions of this ARTICLE
shall be subject to the conditions of ARTICLE 17 (PROBATIONARY PERIOD).
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19.3 The EMPLOYER has the right of final decision in the selection of employees to
fill posted jobs based on qualifications, abilities and experience.
19.4 Job vacancies within the designated bargaining unit will be posted for five (5)
working days so that members of the bargaining unit can be considered for such
vacancies. Only after the vacancy has been posted for five (5) working days and
no response received from a member of the bargaining unit will the City proceed
with filling the vacancy from an external source.
ARTICLE 20. INSURANCE
20.1 The EMPLOYER will contribute a maximum $842.20 to each full-time employee for
group health, dental, and life insurance including dependent coverage.
20.2 EMPLOYEES not choosing dependent coverage cannot be covered at CITY
expense for any additional insurance other than the individual group health and
group life insurance. Additional life insurance can be purchased by
EMPLOYEES at the EMPLOYEE's expense to the extent allowed under the
CITY's group policy.
ARTICLE 21. INJURY ON DUTY.
The City will abide by State Statute
ARTICLE 22. CLOTHING.
22.1 The CITY will contribute $96 for the two (2) year contract period for the purchase
of work related apparel. The work apparel is to be cleaned and kept in repair by
the employee.
22.2 The City will reimburse an employee up to $255 for the two-year period toward
the purchase of one pair of safety shoes per year of a type approved by the City
(above the ankle boot with a steel/composite reinforced toe).
22.3 The CITY will provide all necessary safety wear such as safety vests, safety
gloves, protective eye wear, hearing protection, etc. Excluding prescription
eyeglasses.
22.4 The CITY will provide work uniforms and the cleaning of said uniforms.
22.5 The CITY will provide new EMPLOYEES a reimbursement for the purchase of
coveralls not to exceed $100.00.
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ARTICLE 23. STANDBY DUTY.
23.1 Effective January 1, 2006, an EMPLOYEE assigned standby duty for a seven (7)
day period shall be compensated at the rate of ten (10) hours of overtime (1 hour
per weekday and 2 ½ hours for Saturday and Sunday). For each holiday that
falls within the seven (7) day period, an additional two hours at overtime rates
shall be paid. Such standby pay shall be in addition to other compensation the
EMPLOYEE is entitled to under this AGREEMENT including call back pay
should the EMPLOYEE be required to return to the City to perform emergency
work.
22.2 Standby duty is mandatory for all full-time employees who are no longer subject
to a probationary period . Employees are assigned standby duty based on a list
maintained by the CITY.
23.3 The EMPLOYEE on standby duty shall first be offered overtime for which he is
qualified. If it is refused, it shall be offered to other employees in accordance
with Article 8.2 of this AGREEMENT.
23.4 In further consideration of standby duty, the CITY shall furnish a vehicle for the
EMPLOYEE to take home during the period of standby duty.
23.5 A schedule of employees and their assigned standby duty assignment dates
shall be maintained by the Public Works Supervisor. EMPLOYEES may, with
the permission of the Public Works Supervisor, trade standby duty on a day-to-
day basis with other public works/parks maintenance employees.
ARTICLE 24. PERFORMANCE REVIEWS.
24.1 The CITY will perform a performance review on an annual basis to help guide
the employee in areas that need to be more fully developed and to determine
the job level to which the employee will be assigned for the next fiscal year.
24.2 Performance reviews will be prepared by each EMPLOYEE’S supervisor.
Appeals must follow normal City personnel rules.
ARTICLE 25. JOB CLASSIFICATION SYSTEM.
25.1 A three level job classification system designated as Levels A, B, and C will be
used to classify employees and establish wages. In the event that there is a
change in qualifications of an employee to meet all requirements, the employee
must contact his / her supervisor immediately. Examples include: loss or
expiration of driver’s license or endorsements, loss of sewer/ water operators
certificate, etc.
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25.1.1 Public Services Worker -LEVEL A Requirements (minimum requirements)
• High School Diploma GED, or equivalent.
• Valid Minnesota Class B Driver's License.
• Successful completion of City's physical examination.
• Ability to meet the physical demands of the job; including, but not limited
to, lifting, bending, climbing, reaching overhead, pushing, and pulling with
out restriction.
• Ability to read, understand, and follow written and oral instructions
including safety rules.
• Ability to perform job responsibilities in climatic extremes.
• Ability to perform routine repair and maintenance tasks in the following
sections: Streets, Parks, Building Maintenance, Sewer, Water, & Vehicle
Maintenance
25.1.2 Public Services Worker - LEVEL B Requirements
• Meet or exceed all Level A requirements; and
• Successful completion of one or more years with the City of Mounds View
as a Full-Time Employee.
• Possession of valid Minnesota Commercial Driver's license plus
endorsements required by the CITY. (Class B License with Tanker
Endorsement)
• For current Level A employees, the following areas must be satisfactory
on the most recent performance review:
o Safe work practices and safe driving record.
o Adherence to tardiness and sick leave policies.
o Demonstrated ability to deal effectively and tactfully with the
public.
o Demonstrated ability to work with a minimum of on-site
supervision.
o Working knowledge of job fundamentals.
o Adherence to all City policies and procedures.
25.1.3 Public Service Worker - LEVEL C Requirements
• Meet or exceed all Level B requirements; and
• Successful completion of three or more years with the City of Mounds
View as a Full-Time Employee.
• For Level B employees, the following areas must be satisfactory on the
most recent performance review in order to be classified as Level C.
o Demonstrated ability to lead a work crew.
o Demonstrated ability to assist in scheduling other employees,
materials, equipment and activities.
o Demonstrated ability to assist in training of other employees.
o Working knowledge of operations in all departments.
o Demonstrated ability to assume supervisory duties in the absence of
the Public Works Supervisor.
o Demonstrated ability to respond to and resolve complaints effectively.
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For employees with primary responsibility in the indicated area, the following
license/certificate will be required:
• For all areas –
o Successful completion of a certified heavy equipment training program
or equivalent training and experience.
o Class D Water Supply System Operator's Certificate
o Class S D Waste Water Operator's Certificate
o Working knowledge of all operations, preventive maintenance, and
routine repairs of equipment operated or assigned to operate.
o Working knowledge of methods and materials used in their areas of
responsibility.
o Demonstrated ability to work without direct on-site supervision and to
make on-site decisions related to work assignments.
• Mechanic - Certification of successful completion of training in brakes,
alignments, transmissions and driveline components, and vehicle
electrical systems; and demonstrated proficiency in welding. Certification
in computerized and electronic components, hydraulic systems.
• Streets - City certification in snow plowing, street patching, and
demonstrated proficiency in both. Continued training in signing, and street
repair. Attendance of work zone safety class, demonstrated ability to
supervise contract labor and perform all designated tasks of
accountability. Ability to formulate preliminary division budget and
maintain proper budgetary expenditures and completion of liability training
for public works operations (LMC Safety and Loss Control Workshop)
• Water- Ability to formulate preliminary division budget and maintain
budgetary expenditures.
• Sewer - Demonstrated ability to effectively and efficiently operate jet truck
for clearing sewers and cutting roots and inspection unit. Attendance of
confined space and competent person seminar. Ability to formulate
preliminary division budget and maintain budgetary expenditures.
• Surface Water - Demonstrated ability to effectively and efficiently operate
jet truck for clearing sewers and camera equipment. Posses computer
and database management skills. Ability to administrate the City’s
National Pollution Discharge Elimination System (NPDES) Permit and
Storm Water Pollution Prevention Program. Attendance of confined space
and competent person seminar. Ability to formulate preliminary division
budget and maintain budgetary expenditures.
• Parks - Basic proficiency in carpentry and plumbing demonstrated on the
job to the satisfaction of the Parks Supervisor. Minnesota Non-
Commercial Herbicide/Pesticide Applicator License/Certificate and
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completion of liability training in parks operations (LMC Safety and Loss
Control Workshop). Attendance at a workshop or seminar related to turf
management and demonstration of a working knowledge of those
principles.
ARTICLE 26. SEVERANCE
Upon separation from employment with CITY, an EMPLOYEE shall be provided
severance compensation of accrued and unused vacation hours and accrued
compensatory time. Unused Floating Holidays shall not be considered in the
computation of severance compensation. Upon death of an EMPLOYEE, the
beneficiary of the EMPLOYEE shall be paid any due severance. Severance benefits
will be paid at the employee’s regular rate of pay on the last date as an employee.
ARTICLE 27. RETIREMENT HEALTH SAVINGS PLAN
The City of Mounds View offers its employees a Retirement Health Savings Plan
pursuant to Internal Revenue Code regulations through a third party administrator
selected by the City. EMPLOYEES shall make the following contributions to the
Retirement Health Savings Plan:
27.1 Upon separation from employment with the CITY, EMPLOYEES who have
completed two years of service and leave in good standing shall contribute fifty
percent (50%) of unused sick leave to the Plan, up to a maximum lifetime
contribution of 960 hours. EMPLOYEES with more than ten years of continuous
service shall have an increased maximum contribution such that for every year of
completed service beyond ten, the maximum contribution shall be increased by
20 hours. For example, a fifteen-year employee’s maximum lifetime contribution
to the plan would be 1060 hours and a twenty year employee’s maximum lifetime
contribution would be 1160 hours, converted at a two-to-one rate.
27.2 All EMPLOYEES who are 45 years of age or older on January 1, 2008 shall
contribute 2% of their salary to the Plan. All EMPLOYEES under the age of 45
as of January 1, 2008 shall contribute 1% of their salary to the Plan.
Contributions to the Plan shall occur every pay period.
27.3 Subject to the maximum lifetime contribution as noted in Section 27.1,
EMPLOYEES shall annually contribute accumulated sick leave balances in
excess of 500 hours to the Plan, converted at a two-to-one rate. The maximum
annual contribution shall be limited to 50 hours (25 hours as converted.) The
annual contribution shall occur during the second to the last pay period of the
year.
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ARTICLE 28. WAGES.
28.1 The following wage schedule will be in effect for Public Works Maintenance
positions for the duration of this AGREEMENT. These rates will apply to all
member of the Collective Bargaining Unit except for the Lead Utility Worker and
the Custodial /Maintenance worker.
LEVEL A $21.66 per hour (90% of Level C)
LEVEL B $22.88 per hour (95% of Level C)
LEVEL C $24.07 per hour
28.2 An EMPLOYEE classified in Levels B and C will receive wages listed for that
level regardless of the area to which they are assigned, but will receive no less
than the level to which they are classified.
28.3 The following wage schedule will be in effect for the full-time Community Center
Custodial/Maintenance position for the duration of this AGREEMENT. The
person in this position will perform custodial duties at the Community Center
approximately 50% of their time. The remaining 50% will be spent performing
duties of a Public Works Maintenance Worker (which include building
maintenance).
STEP 1 $17.80 per hour
STEP 2 $18.91 per hour
STEP 3 $20.03 per hour
STEP 4 $21.15 per hour
STEP 5 $22.26 per hour
The Custodial/Maintenance position will start at Step #1.
28.4 The following wage schedule will be in effect for the Lead Utility Worker for the
duration of this AGREEMENT.
$27.28 per hour
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ARTICLE 29. INTERMITTENT LEAD WORKER
29.1 Under certain circumstances, the Employer may determine the need for an
Intermittent Lead Worker to be in charge of a work crew. This determination will
be made at the discretion of the Employer and may be based on the complexity
of a task, the number of workers involved, the experience level of the workers
assigned, or a combination of these factors. The determination of the Employer
is final and not grievable.
29.2 The CITY will maintain a sign-up list for those EMPLOYEES who are to be
considered for Intermittent Lead Worker assignments. Selections for Lead
Workers will be made from this list in accordance with the Public Works
Supervisor’s determinations of the best qualifications. There will be no attempt to
equalize distribution of Intermittent Lead Worker selections.
29.3 To be eligible on the sign-up list an employee must be classified as a Public
Services Worker - Level C. Selections will be only for those areas in which the
individual is classified.
29.4 The Lead Worker will receive a pay differential of $1.50 per hour while assigned
as the Lead Worker.
ARTICLE 30. DEPARTMENT LEAD DESIGNATION.
An employee who has been designated by the City to be Department Lead shall receive
$1.50 per hour additional compensation.
ARTICLE 31. DURATION.
This AGREEMENT shall be effective as of January 1, 2010 and shall remain in full
force and effect until December 31, 2011.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this
______ day of _____________, 2010.
CITY OF MOUNDS VIEW:
_________________________ ________________________
Joe Flaherty, Mayor James Ericson
Clerk - Administrator
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EMPLOYEES
Nick Fleischhacker
Timothy Fredberg
Brett Brisbois
John Hughes
Bruce Meehan
Nate Behlen
Michael Schnur
Peter Szurek
Steve Vacek
Jeffrey Wienke
Item No: 07B
Meeting Date: March 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 7599, Approving the 2010-2011 Public Works
Collective Bargaining Unit Labor Agreement
Background:
The Mounds View Public Works Collective Bargaining Unit approved the 2010-2011 Labor
Agreement. The terms of the Agreement are consistent with the terms discussed by Staff
and the City Council.
Discussion:
The revised Agreement includes the following:
1. Wages:
0% January 1, 2010
0% January 1, 2011
2. Insurance
$842.20 January 1, 2010
$842.20 January 1, 2011
3. Article 2. City Authority
2.2 Any term and condition of employment not specifically established or
modified by this AGREEMENT shall be governed by Chapter 300 of the
Municipal Code, entitled the Personnel Manual as dated April 1, 2006, which
shall remain solely within the discretion of the CITY to modify, establish, or
eliminate. In the event the City adopts a modification to the Personnel
Manual, the City will notify the Employees in a timely fashion and document
their receipt of the revisions.
4. Article 3. Applicability of City Personnel Code
3.1 Except where specifically superseded by this agreement, the Personnel
Code, Chapter 300 of the Municipal Code, Manual of the CITY shall regulate
all conditions of employment.
Item 07B
March 22, 2010
City Council Meeting
Page 2
5. Article 4. Grievance Procedure
4.1 The grievance procedure for the EMPLOYEES shall be as prescribed by
Section 308 1.20 of the Personnel Manual.
6. Article 11. Compensatory Time
11.3. The maximum total accrued compensatory time balance shall not exceed 50
60 hours per employee.
7. Article 31. Duration
The Agreement will be in force from January 1, 2010 – December 31, 2011.
Recommendation:
It is recommended the City Council approve Resolution 7599, approving the 2010-2011
labor agreement with the Mounds View Public Works Collective Bargaining Unit.
Respectfully submitted,
________________________
Desaree Crane
Assistant City Clerk – Administrator
RESOLUTION 7599
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE 2010 – 2011 LABOR AGREEMENT
WITH THE MOUNDS VIEW PUBLIC WORKS COLLECTIVE BARGAINING UNIT
WHEREAS, the previously approved Mounds View Public Works Collective
Bargaining Unit Labor Agreement expired at the end of 2009; and
WHEREAS, the City and the Public Works Bargaining Unit held a series of
negotiating sessions in an effort to ratify a new two year agreement; and
WHEREAS, the City Council met in Executive Sessions to consider revised
terms associated with he 2010 – 2011 Labor Agreement; and
WHEREAS, the Mounds View Public Works Collective Bargaining Unit has
reviewed and approved the terms as represented in the attached 2010 – 2011 Labor
Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Mounds View does hereby approve the Public Works Collective Bargaining Unit Labor
Agreement effective for two (2) years from January 1, 2010 until December 31, 2011.
Adopted this 22nd day of March, 2010.
_________________________________
Joe Flaherty, Mayor
ATTEST:
_________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 7C
Meeting Date: March 22, 2010
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director
Item Title/Subject: Resolution 7593, Awarding a Construction Contract for the 2010
Municipal Well No. 1 & 2 Rehabilitation Project
Background:
The City established a maintenance program whereby well, pump, and motors for municipal wells
would be evaluated and rehabilitated on a seven-year cycle. A longer period of eleven years was
attempted; however, it was discovered that this period was too long to identify minor problems and
correct them before they became major replacements. Wells No. 1 and 2 were last rehabilitated in
March 2003 and are now due for rehabilitation. Both wells draw water from the same aquifers.
Well No. 1 has started to pump a larger amount of sand compared to historical trends and needs to
be examined as to why this is occurring and take the necessary steps to correct the problem. If this
problem is not corrected, deterioration of the well line shaft, column pipe, and other well production
parts will continue. In addition, the filter media in the Water Treatment Plant (WTP) tanks, which is
used to treat the raw ground water, could be displaced which may result in a lower quality of water.
Well No. 2 is also showing similar characteristics as Well No. 1, but not to the same severity as Well
No. 1 due to its lower running time.
Discussion:
Rehabilitation of Wells No. 1 and 2 were discussed with the Council at the February 1, 2010 Work
Session. At that meeting, Staff informed Council that plans and specifications would be prepared in-
house and quotes would be obtained from qualified well contractors. The quote proposal included a
separate base schedule for each well and further divided each schedule into basic work items (items
that will be done) and extended work items (items that are likely to be done pursuant on inspection
of well components). An alternate schedule was also used to solicit prices for advanced work items
(work that might be required in lieu of extended work). The base schedules were combined to
determine the lowest successful quote.
Quotes were solicited from five well contractors and all five contractors returned quote proposals.
Combined base schedule quotes ranged from $79,015 to $99,350. The low quote was submitted by
Keys Well Drilling Company of St. Paul, Minnesota. Keys performed the last rehabilitation on these
same wells in March 2003 and are very familiar with our well configurations. A quote summary is
attached to this report.
Rehabilitation for Wells No. 1 and 2 have been included in the Capital Improvement Program and in
the adopted 2010 budget in the combined amount of $60,000 and funded under the water enterprise
fund (700-4823-7050). Although the low quote exceeds this amount by nearly $20,000, this
difference is likely due to one “extended” work item on each schedule to replace the lineshaft of the
pump ($13,090 for each well totaling $26,180). This work may be needed for Well No. 1 but it’s
unlikely that the lineshaft for Well No. 2 has degraded to the point of replacement.
If awarded, Keys will begin scheduling the rehabilitation work as soon as possible. The contract
documents require that Well No. 1 work be complete and back on-line by May 28, 2010 and Well No.
2 work complete by July 30, 2010. Well No. 1 is needed to supplement the summer demand and
Well No. 2 will remain unused until the motor is replaced (a 2010 project). Work performed under
the rehabilitation project will assist with determining the proper course of action and options for the
Resolution 7593 Awarding Construction Contract for 2010 Well No. 1 & 2 Rehabilitation Project
March 22, 2010
Page 2
motor replacement.
City Staff recommends accepting the combined base schedule quote of $79,015. In addition, it is
recommended that the City Council consider adding a 5% construction contingency to the quote for
minor work associated with unknowns that could occur during construction. This contingency would
add an additional $3,950 (5%x$79,015) to the $79,015 for a grand total authorized amount not to
exceed $82,965.
Recommendation:
Staff recommends that the City Council consider adopting Resolution 7593 that will award the
construction contract to Keys Well Drilling Company of St. Paul, Minnesota for the 2010 Municipal
Well No. 1 & 2 Rehabilitation Project. If adopted, construction will begin in early April 2010.
Respectfully submitted,
Nick DeBar
Public Works Director
Attachments:
Summary of Quotes
Resolution 7593
(Project Manual available upon request to PW Director)
1 KEYS WELL DRILLING COMPANY (ST. PAUL, MN) $39,838.00.*$39,177.00*$79,015.00*2 E.H. RENNER & SONS, INC. (ELK RIVER, MN) $ 42,060.00 $ 37,144.00 $ 79,204.00 3 THEIN WELL COMPANY, INC. (SPICER, MN) $ 42,525.00 $ 40,725.00 $ 83,250.00 4 BERGERSON-CASWELL, INC. (MAPLE PLAIN, MN) $ 44,775.00 $ 42,570.00 $ 87,345.00 5 MARK J. TRAUT WELLS, INC. (WAITE PARK, MN) $ 51,460.00 $ 47,890.00 $ 99,350.00 *CORRECTED QUOTES ARE ITALIZIEDQUOTE DUE DATE: MARCH 17, 2010CONTRACTOR NAME (CITY, STATE)SCHEDULE A SCHEDULE BTOTAL QUOTE SCH. A + BQUOTE PRICE AMOUNTRANK LOW TO HIGHSUMMARY OF QUOTES2010 MUNICIPAL WELL NO. 1 & 2 REHABILITATIONCITY PROJECT NO. 2010-001
RESOLUTION 7593
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AWARDING A CONSTRUCTION CONTRACT FOR THE 2010 MUNICIPAL
WELL NO. 1 & 2 REHABILITATION PROJECT
WHEREAS, the City established a maintenance program whereby municipal
wells, pumps, and motors would be rehabilitated on a seven-year cycle; and
WHEREAS, Municipal Well No. 1 and 2 were last rehabilitated in March 2003 and
are showing symptoms requiring rehabilitation; and
WHEREAS, the City prepared a project manual for the rehabilitation work in
accordance with industry standards; and
WHEREAS, the City solicited and received five quotes ranging from $79,015 to
$99,350 by contractors to perform the rehabilitation work; and
WHEREAS, Keys Well Drilling Company of St. Paul, Minnesota submitted the
lowest total combined quote in the amount of $79,015; and
WHEREAS, monies for rehabilitating Well No. 1 and 2 has been planned for in the
Capital Improvement Program and in the adopted 2010 Budget under Water
Infrastructure and Equipment Maintenance (700-4823-7050).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
1. The City hereby accepts the total combined quote proposal of $79,015
submitted by Keys Well Drilling Company or St. Paul, Minnesota for the
rehabilitation of two municipal wells.
2. City Staff is authorized to prepare a construction contract agreement between
the City of Mounds View and Keys Well Drilling Company in the amount of
$79,015.
3. Upon satisfactory review of the prepared construction contract agreement by
the City Attorney, the Mayor and Clerk-Administrator are hereby authorized
and directed, for and on behalf of the City, to execute and enter into a
construction contract agreement with Keys Well Drilling Company for the 2010
Municipal Well No. 1 & 2 Rehabilitation Project (City Project No. 2010-001).
4. Payment for construction of the 2010 Municipal Well No. 1 & 2 Rehabilitation
Project shall be funded by the Water Enterprise Fund account (700-4823-
7050) in an amount not to exceed $82,965, which includes a 5% construction
contingency for minor work associated with unknowns that could occur during
construction.
Adopted this 22nd day of March, 2010.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(SEAL)
Item No: 7D
Meeting Date: March 22, 2010
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director
Item Title/Subject: Resolution 7595 Awarding a Construction Contract for the 2010
Street and Utility Improvement Project - Area B/C
Background:
Detailed background information for the Street and Utility Program and the Area B/C project is
included as a reference at the end of this report. Much of this information was presented to the
Council on previous Staff Reports associated with prior approvals for the Area B/C project.
Discussion:
The City Council approved plans/specifications and authorized advertisement for bids for a
combined Area B/C of the Street and Utility Improvement Program on February 8, 2010 (Res. 7575).
Thirteen bids were received and publicly read aloud at 2:00 pm on March 11, 2010 in the Council
Chambers. The bids have been tabulated, checked for mathematical errors, and corrected in
accordance with the contract requirements by the City’s consulting engineer, Bonestroo.
Bids ranged from $2,961,311.05 to $3,797,843.50 and the engineer’s estimate was $3,400,000. The
low bid amount was received by Northwest Asphalt, Inc. of Shakopee, Minnesota. The general
contractor that performed construction on Area A was the second low bid at $3,003,157.83. The
bidding environment continues to be excellent for this type of work. The low bid is over $400,000
below that of the engineer’s estimate.
Attached to this report is a letter from Bonestroo that summarizes the bids received. Bonestroo, as
well as Public Works Staff, have previous working relations with Northwest Asphalt, and both
recommend awarding the construction contract to Northwest Asphalt in the total bid amount of
$2,961,311.05. Construction is anticipated to begin in late April or early May 2010.
City Staff are in negotiations with Bonestroo to obtain a fee estimate for construction services
required to administer, inspect, survey, and closeout the Area B/C project. City Staff will provide the
Council an update in the near future on the results of these negotiations.
Recommendation:
Staff recommends that the City Council consider adopting Resolution 7595 that will award the
construction contract to Northwest Asphalt, Inc. of Shakopee, Minnesota for the 2010 Street and
Utility Improvement Project - Area B/C. By adopting this resolution, construction for the project will
begin in spring 2010.
Respectfully submitted,
Nick DeBar
Public Works Director
Attachments:
Bonestroo Letter to City of Mounds View (dated March 15, 2010) with bid summary
Resolution 7595
Resolution 7595 Awarding a Construction Contract for the 2010 SUIP-Area B/C
March 22, 2010
Page 2
Other Project Timeline and Prior City Council Action Summary:
A Streets and Utilities Improvement Program was created in response to petitioned opposition to the
2007-2008 Street and Utility Improvement Project. Details of the Program were largely developed
by a Task Force group during 2007, with much input by residents, City Staff, and consultants, and
ultimately adopted by the City Council on October 22, 2007 (Res. 7176). The adopted Program
includes design standards, a financing plan, a prioritization/implementation (staging) plan, and a
communication plan for implementing reconstruction of approximately 26 miles of City-owned streets
and associated utilities over a 9-year period (2009-2018), with an estimated program cost of $28
million.
Other aspects relating to the Program were subsequently adopted, including the following:
• Streets and Utilities Committee: Adopted on February 11, 2008 (Res. 7223) to make
recommendations to the City Council on issues relating to the Program or specific projects in
areas of the Program.
• Stormwater Infiltration Program (SIP): Adopted on August 11, 2008 (Res. 7319) creating
components of the Program to install infiltration features to meet stormwater regulations. An
appeals process and parameters for the SIP was established on August 25, 2008 (Res. 7328).
• Non-Conforming Driveways: A policy was adopted on September 22, 2008 (Res. 7338) to
address non-conforming driveways in the Program areas.
• Private Improvement Program (PIP): Adopted on February 23, 2009 (Res. 7415) to allow property
owners adjacent to street projects the opportunity to perform private property improvements in
conjunction with the street project.
The first project in the Program (Area A) was substantially constructed during 2009. Five miles of
street and utility reconstruction was successfully performed in Area A. In addition, the successful
bidder was approximately $600,000 lower than anticipated by the engineer’s estimate. Furthermore,
actual construction costs may be close to $400,000 under the construction contract amount.
Area B of the Program includes the streets between County Road H and H2, Silver Lake Road, and
the western city limits. Area B of the Program was previously called the 2005 Street Improvement
Project but was never designed or constructed due to resident opposition through petition. Area C
includes the streets between County Road H and H2, Long Lake Road, and County Road 10
(excluding Wooddale Drive east of Edgewood Drive). Area C was accelerated and combined with
Area B since monies were available and to provide significant savings.
The City Council has taken the following steps, thus far, specifically for the 2010 Street and Utility
Improvement Project – Area B/C:
• Feasibility Report-Area B: Ordered on October 13, 2003 (Res. 6110) as 2003 Street Improvement
Project-Phase II and later called 2005 Street Improvement Project.
• Preliminary Survey-Area C: Approved on September 22, 2008 (Res. 7339).
• Feasibility Report-Area C: Ordered on March 9, 2009 (Res. 7420) and approved on July 13, 2009
(Res. 7477).
• Plans and Specs for Combined Area B/C: Adopted on July 13, 2009 (Res. 7478).
• Approved Non-Standard Street Recommendations: Approved on July 13, 2009 (Res. 7479) for
various non-standard street and bicycle/pedestrian recommendations in Areas B and C.
• Springview Lane Design Configuration: Approved September 14, 2009 (Res. 7500).
• Edgewood Drive Non-Standard Street Design Configuration: Approved September 28, 2009 (Res.
7501) approving typical street section.
• Edgewood Drive Design Enhancement Options: Approved October 26, 2009 (Res. 7519)
approving various design enhancements including crosswalks, sidewalk location, school zones,
and turn lanes.
In addition to the above, various neighborhood meetings were held to get input from residents
regarding non-standard street designs, both as stand-alone meetings and as part of the Street and
Utility Committee meetings. A SIP appeal period occurred between July 20 and August 15, 2009 in
which no appeals were received.
RESOLUTION 7595
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AWARDING A CONSTRUCTION CONTRACT FOR THE 2010 STREET AND UTILITY
IMPROVEMENT PROJECT – AREA B/C
WHEREAS, on October 13, 2003 the City Council adopted Resolution 6110
authorizing the preparation of a Preliminary Feasibility Report and consultant selection
for the 2003 Street Improvement Project – Phase II, which later became known as the
2005 Street Improvement Project; and
WHEREAS, on March 14, 2005 the City Council held a Public Hearing on the
Feasibility Report for the 2005 Street Improvement Project; and
WHEREAS, on May 9, 2005 the City Council adopted Resolution 6520 approving
the sufficiency of petition in opposition to the 2005 Street Improvement Project,
suspending the project; and
WHEREAS, on October 22, 2007 the City Council adopted Resolution 7176
establishing the Street and Utility Improvement Program, which includes nine Street and
Utility Improvement Projects identified as Areas A through I; and
WHEREAS, Area B of the Street and Utility Improvement Program is the area
formerly identified as the 2005 Street Improvement Project; and
WHEREAS, Area B of the Street and Utility Improvement Program is scheduled
for construction in 2010; and
WHEREAS, on September 22, 2008 the City Council adopted Resolution 7339
Authorizing Preliminary Survey Activities for Area C of the Street and Utility
Improvement Program; and
WHEREAS, on March 9, 2009 the City Council adopted Resolution 7420
authorizing the preparation of a Preliminary Feasibility Report for Area C of the Street
and Utility Improvement Program and selecting Bonestroo as the engineering consultant
for the project; and
WHEREAS, on July 13, 2009 the City Council adopted Resolution 7477
approving the Preliminary Feasibility Report for Area C of the Street and Utility
Improvement Program; and
WHEREAS, on July 13, 2009 the City Council adopted Resolution 7478
authorizing preparation of plans and specification for a combined Area B and C of the
Street and Utility Improvement Program; and
WHEREAS, on July 13, 2009 the City Council adopted Resolution 7479
approving non-standard street design recommendations for Area B and C of the Street
and Utility Improvement Program; and
WHEREAS, on September 14, 2009 the City Council adopted Resolution 7500
approving the design configuration of Springview Lane in Area B of the Street and Utility
Improvement Program; and
WHEREAS, on September 28, 2009 the City Council adopted Resolution 7501
approving the non-standard street design configuration of Edgewood Drive in Area C of
the Street and Utility Improvement Program; and
WHEREAS, on October 26, 2009 the City Council adopted Resolution 7519
approving enhanced design options for Edgewood Drive in Area C of the Street and
Utility Improvement Program; and
WHEREAS, on February 8, 2010 the City Council adopted Resolution 7575
approving the plans and specifications, setting the bid date, and authorizing the
advertisement for bids for the 2010 Street and Utility Improvement Project – Area B/C;
and
WHEREAS, on March 11, 2010 at 2:00 pm, thirteen sealed bids were received
ranging from $2,961,311.05 to $3,797,843.50 for construction of the 2010 Street and
Utility Improvement Project – Area B/C; and
WHEREAS, the lowest responsive base bid of $2,961,311.05 was received by
Northwest Asphalt, Inc. of Shakopee, Minnesota.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. The Bid Proposal submitted by Northwest Asphalt, Inc. in the total base bid amount
of $2,961,311.05 for constructing the 2010 Street and Utility Improvement Project –
Area B/C is the lowest responsive bid.
2. A construction contract to perform said work is awarded to Northwest Asphalt, Inc. in
the base bid amount of $2,961,311.05.
3. The City Attorney is authorized to review the prepared construction contract
agreements and any associated documentation submitted by Northwest Asphalt,
Inc.
4. Upon satisfactory review of the prepared construction contract agreements and
documentation by the City Attorney, the Mayor and Clerk-Administrator are hereby
authorized and directed for and on behalf of the City to execute and enter into a
construction contract agreement with Northwest Asphalt, Inc. of Shakopee,
Minnesota for the construction of the 2010 Street and Utility Improvement Project –
Area B/C.
Adopted this 22nd day of March, 2010.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(SEAL)
Item No: 7E
Meeting Date: March 22, 2010
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director
Item Title/Subject: Resolution 7596, Approving the Sale of Used Public Works
Equipment
Background:
Public Works has been evaluating the need of various pieces of equipment and other items in and
around the Public Works Facility in an effort to either create more space or sell before the value
deflates too quickly. Staff has identified the two fabricated pedestrian bridges salvaged from the
former City-owned golf course and an older skid steer v-plow implement as good candidates to sell.
Staff advertised the sale of these items on the League of Minnesota Cities website under “For
Sale/Fee” of the Marketplace section. The bridges were advertised for $10,000 per bridge or best
offer, and the v-plow was $1,000 of best offer. A copy of the ads are attached to this report.
Discussion:
The bridges were fabricated around 1993 and used at the former City-owned golf course until they
were moved in April 2006 to make way for the Medtronic redevelopment. The bridges were moved
to the PW Facility where they remain today. The City incurred no cost to salvage and move the
bridges to the PW Facility.
Bonestroo prepared a Feasibility and Cost Analysis Report for re-use of the bridges in November
2007 (see attached). Two options were recommended: 1) re-use the bridges at new locations, and
2) sell the bridges. The estimated cost to re-use the bridges was $90,000 per bridge. Bonestroo
estimated a resale value in the range of $10,000 to $15,000 assuming a new purchase of $30,000.
However, PW Staff recently contacted the bridge manufacturer, Continental Bridge, to get an
estimate of what an identical bridge would cost new. Continental provided an estimate of $15,000
with a freight charge of $1,500.
The v-plow was used for many years on the bobcat skid steer to remove snow and ice from
sidewalks and other narrower areas. Currently, PW uses a different piece of equipment (Aebi) that
the v-plow is not compatible. Therefore, the v-plow is not needed anymore.
Bids were received from the following parties:
• Metropolitan Council Environmental Services: $7,000 for one bridge
• Town of Hassan, Minnesota: $7,800 for one bridge
• City of Ham Lake, Minnesota: $800 for v-plow
Recommendation:
Staff recommends that the City Council consider adopting Resolution 7596 that will approve the sale
of the two pedestrian bridges and a skid steer v-plow. If approved, Staff will prepare a “as-is”
purchase agreement provided by the City Attorney’s office.
Respectfully submitted,
Nick DeBar - Public Works Director
Attachments: 1) For Sale Ads; 2) Bonestroo Report; 3) Resolution 7596
Bridge Deck Bridge End Bridge Profile Bridge Connection FFoorr SSaallee:: The City of Mounds View has two used pedestrian/utility bridges to be sold together or separately. The matching bridges are steel-framed, wood-planked with a 5-ton capacity and dimensions of 10’ wide by 40’ span length. The bridges were manufactured by Continental Bridge in 1993 and used at the former city-owned golf course. The bridges are in good shape and have been stored outdoors in non-use for the past 5 years. Asking price is $10,000/bridge or best offer. Offers will be considered beginning March 9, 2010 until sold. For more information or to schedule an appointment to inspect, please contact Steve Dazenski at 763-286-2064 or steve.dazenski@ci.mounds.view.mn.us. Bridge Placard
FFoorr SSaallee:: The City of Mounds View has a used 96” Bobcat hydraulically adjustable V-plow for sale for use by skid steers. The V-plow is in working condition but needs minor repair and maintenance. Asking price is $1,000 or best offer. Offers will be considered beginning March 9, 2010 until sold. For more information or to schedule an appointment to inspect, please contact Steve Dazenski at 763-286-2064 or steve.dazenski@ci.mounds.view.mn.us. Front Back Hydraulics
Feasibility & Cost Analysis
for
Pedestrian Bridge Re-use
Mounds View, Minnesota
November 19, 2007
Bonestroo File No. 435-07000-0
INTRODUCTION
The City of Mounds View currently has two prefabricated pedestrian bridges stored at its public works
facility. The City has requested a brief report discussing the scope of work and costs that would be
associated with reusing the bridges within the City.
BACKGROUND
The two bridges came from the former City-owned golf course near the intersection of I-35W and U.S.
Highway 10. The bridges were no longer needed at that location after the site was redeveloped into an
office complex by Medtronic. Bonestroo performed a cursory inspection of the bridges on November 8,
2007, and observed the following:
x The two bridges appear to be identical
x The bridges are prefabricated truss structures approximately 40 feet long and 10 feet wide
x The bridges are made of self-weathering steel (“rusty” look, no painting needed), with timber
decking
x The bridges were designed for a 10,000 pound vehicle, and presumably pedestrian loads
x The bridges appear to be in good condition, except for the timber decking
x The bridges appear to have been manufactured by Contech (formerly Continental Bridge) in
Alexandria, MN. Specific design information can probably be obtained from Contech.
Mounds View, Minnesota Project No: 435-07000-0
Pedestrian Bridge Re-use Page 2
OPTIONS
The two primary options for dealing with the stored bridges are 1) re-use the bridges at new locations
within Mounds View, and 2) sell the bridges.
Re-use of the bridges will be discussed in detail later in this report. If the City chose to sell the bridges, a
rough estimate of their resale value would probably be in the range of $10,000 to $15,000 each. This
resale value is based on an estimated cost of approximately $30,000 for each bridge if they were to be
purchased new. There would be no guarantee of finding a willing buyer, as the geometry of the bridges
would need to be an exact match for the buyer’s site requirements.
RE-USE BRIDGES
Re-using the bridges is feasible, provided the new locations match the bridge geometry. The process that
would need to be followed involves several tasks, including both design and construction phases. The
following is a brief discussion of the tasks that are typically required for the design and construction of a
pedestrian bridge crossing, along with estimated costs for each task.
DESIGN (PRE-CONSTRUCTION) TASKS
x Site Survey. Determine topography, locate utilities and possible construction conflicts, define
floodplain for hydraulic analysis.
x Wetland Delineation. Determine presence and type of wetlands that could be impacted by
construction.
x Geotechnical Exploration. Determine subsurface soil conditions and obtain recommendations for
bridge foundation support.
x Hydraulic Analysis. Determine effect structure will have on channel flow, and possible impacts to
floodplain zoning.
x Hazardous Materials Investigation. If replacing an existing structure, conduct an investigation to
determine presence and disposal requirements of hazardous materials.
x Structure Design. Design concrete abutments, prepare construction plan sheets, prepare
construction specifications, thorough inspection of existing bridges, coordinate inclusion of
salvaged bridge superstructure.
CONSTRUCTION TASKS
x Deliver Bridge. Bridge must be moved from storage location to new project location.
x Abutment Construction. Build new concrete abutments to support bridge, including excavation,
backfill, and placement of riprap for scour protection.
x Drive Piling. Mobilize pile driving equipment, furnish and drive piling (piling may or may not be
required, depending on results of geotechnical exploration).
x Install Bridge. Install existing bridge onto new abutments.
x Redeck. Replace worn timber decking with new naturally durable timber decking.
x Construction Administration. Construction survey, observe and document construction activities,
review payment submittals from contractor, and coordination as necessary with the City.
Mounds View, Minnesota Project No: 435-07000-0
Pedestrian Bridge Re-use Page 3
COSTS
The costs for some of the tasks can be estimated fairly accurately, while other costs would be dependent on
the proposed bridge location. The following breakdown gives approximate costs for the various tasks. It
must be emphasized that these costs are based on averages from previous projects, and could vary
significantly for a specific bridge re-use project considered.
Design (Pre-construction) Costs
Site Survey $ 2,000
Wetland Delineation $ 1,000
Geotechnical Exploration $ 5,000
Hydraulic Analysis $ 1,500
Haz. Materials Investigation (if required) $ 1,500
Structure Design $ 8,000
Design Subtotal $19,000
Construction Costs
Mobilization $ 7,500
Furnish Bridge Superstructure $ 0
Deliver Bridge $ 2,500
Abutment Construction $25,000
Drive Piling (if required) $20,000
Install Bridge $ 7,000
Redeck $ 3,000
Construction Observation $ 4,000
Construction Administration $ 2,000
Construction Subtotal $71,000
Project Total $90,000
The costs shown are for one bridge. The cost to re-use both bridges would be approximately double the
total shown, unless both bridges were used on the same project, in which case some overlap of tasks could
result in a slight cost reduction. Costs could also be reduced if City staff were able to complete some of the
work tasks, such as delivering the bridges to their new locations. Costs do not include any aesthetic
features, such as textured or colored concrete.
SUMMARY
The two bridges currently being stored by the City of Mounds View appear to be in good condition and
structurally adequate for re-use at new locations. While the City would not incur any costs for the bridges
themselves, re-use of the bridges would result in a significant expenditure by the City due to the many tasks
required in the design and construction processes.
RESOLUTION 7596
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE SALE OF USED PUBLIC WORKS EQUIPMENT
AND PEDESTRIAN BRIDGES
WHEREAS, the Public Works Department has evaluated the need of continuing
ownership of used equipment and items including two prefabricated pedestrian bridges and
a v-plow implement for a skid steer; and
WHEREAS, the City advertised the sale of the bridges and v-plow on the League of
Minnesota Cities website for over 7 days; and
WHEREAS, the City received the following bids:
• $7,000 from Metropolitan Council Environmental Services for one bridge;
• $7,800 from Town of Hassan, Minnesota for one bridge; and
• $800 from City of Ham Lake for the v-plow implement; and
WHEREAS, the Public Works Department recommends awarding the sale of the two
pedestrian bridges and v-plow implement to the above said parties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
1. The City hereby accepts the bid from Metropolitan Council Environmental
Services for $7,000 to buy one used prefabricated pedestrian bridge.
2. The City hereby accepts the bid from the Town of Hassan, Minnesota for $7,800
to buy one used prefabricated pedestrian bridge.
3. The City hereby accepts the bid from the City of Ham Lake for $800 to buy one
used Bobcat v-plow implement.
4. “As-is” purchase agreements will be prepared by City Staff for the above sales
and the Mayor and Clerk-Administrator are hereby authorized and directed, for
and on behalf of the City, to execute the purchase agreements.
Adopted this 22nd day of March, 2010.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(SEAL)
Item No. 7.F.
Meeting Date: March 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 7597 Adopting a Calendar for the Preparation of the
2011 Budget
Attached is resolution 7597 which adopts a calendar for preparation of the 2011 Budget.
There are several requirements in the City Charter and State Statutes that need to be met.
The calendar listed many staff work start and due dates. Items in bold type are City
Council meetings or actions.
Resolution 7597 only lists City Council meeting dates or other dates of significance to the
City Council. Staff published a copy of the calendar in the Mounds View Matters and on
our web site.
Respectfully Submitted,
Mark Beer
RESOLUTION NO. 7597
CITY OF MOUNDS VIEW
County of Ramsey
State of Minnesota
ADOPTING A CALENDAR FOR THE PREPARATION OF THE 2011 BUDGET
WHEREAS , the City’s Charter and Code as well as State Statutes set forth various
requirements for considering and adopting the City’s budget; and
WHEREAS, Section 7.04 of the City Charter requires the Clerk-Administrator to submit to
the City Council a budget calendar to be established by resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View
that the following budget and long tern financial plan calendar is hereby adopted:
June 7, 2010 City Council discusses budget priorities at a work session.
July 22, 2010 Summary of General Fund operating budget requests delivered to City
Council.
August 2, 2010 City Council reviews General Fund budget at work session.
Sept. 13, 2010 City Council adopts preliminary 2011 property tax levy and sets date for the
Truth in Taxation Public Hearing.
Oct. 4, 2010 City Council reviews other funds and utility rate study at a work session.
Nov. 8, 2010 City Council adopts utility rates for 2011.
Dec. 6, 2010 Truth in Taxation Public Hearing.
Dec. 13, 2010 Continuation Hearing and adoption of 2011 budget and tax levy.
Adopted March 22, 2010.
___________________________
Joe Flaherty, Mayor
ATTEST:
___________________________
Jim Ericson, City Administrator
(SEAL)
City of Mounds View
2011 Budget Calendar
May 10, 2010 Finance Department begins preparing budget work papers.
May 24, 2010 Departments begin preparing operating budget requests.
June 7, 2010 City Council discusses budget priorities and strategies.
June 18, 2010 Operating budget requests due from departments.
June 28, 2010 Summary of operating budget requests due to City Administrator.
June 28, 2010 Capital items needs list due.
July 1-16, 2010 Administrator reviews operating budget requests and capital projects.
July 22, 2010 Summary of operating budget requests due to City Council.
August 2, 2010 City Council reviews General Fund budget at a work session.
August 9, 2010 Work on utility rate study begins.
Sept. 13, 2010 City Council adopts preliminary 2011 property tax levy and sets
date for the Truth in Taxation Public Hearing.
Sept. 23, 2010 Utility rate study due to City Council.
October 4, 2010 City Council reviews other funds and utility rate study at work
session.
Oct 11 - Nov 22 Additional City Council work sessions as needed.
November 8, 2010 City Council adopts utility rates for 2011.
December 6, 2010 Truth in Taxation Public Hearing
Dec. 13, 2010 Continuation hearing and adoption of 2010 Budget and tax levy.
Item No: 07G
Meeting Date: March 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 7594 Authorizing a Step Increase for Nick DeBar,
Public Works Director
Background:
Public Works Director Nick DeBar is a current employee with the City of Mounds View. His
supervisor, Clerk-Administrator Ericson, has reviewed his performance as it relates to his
responsibilities outlined in the job description.
Discussion:
It was determined that Public Works Director Nick DeBar has satisfactorily performed in the
capacity of his position, and therefore, a step wage adjustment is consistent with the Personnel
Manual.
Recommendation:
Staff recommends approving a Step Wage Adjustment for Nick DeBar, consistent with the
Personnel Manual.
Respectfully Submitted,
________________________
Desaree Crane
RESOLUTION 7594
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 supervisor has reviewed his performance as it relates to the
responsibilities outlined in the job description; and
WHEREAS, his supervisor 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 Mounds View Personnel
Manual.
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
Nick DeBar PW Director March 30, 2010 Step 3: $41.09/hr Step 4:
$43.37/hr
March 30, 2010
Adopted this 22d day of March, 2010.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 7H
Meeting Date: March 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 7598 Authorizing the purchase of
lumber and mailboxes for the 2010 SUIP – Area B/C and
Rescinding Resolution Number 7578
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.
Discussion:
On February 22, 2010 Staff presented a staff report for the purchase of lumber and mailboxes for the
project. Staff realized that the staff report and resolution only reflected the cost of the lumber. The
previous report stated the following:
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
New Discussion:
To reflect the correct information for the purchase of lumber and mailboxes, please see below:
Vendor Lumber and Mailbox Costs Comments
Lowe’s of Blaine $11,214.21
Scherer Bros. Lumber $7,342.08 Company does not have
mailboxes
Menards $11,842.96
Spring Lake Park Lumber $11,820.21
Lowe’s of Blaine remained the low quote for this purchase.
Recommendation:
Staff recommends rescinding Resolution Number 7578. 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 $11,214.21. Staff
recommends that the City Council consider a 5% contingency to the quote for minor hardware
supplies such as lag bolts. This contingency would add an additional $560.00 to the quote amount
of $11,214.21 for a total of $11,774.92 to be funded from account number 410-4650-7050-312.
Respectfully submitted,
________________________
Tracy Juell, Administrative Assistant
RESOLUTION NO. 7598
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 AND
RESCINDING RESOLUTION NUMBER 7578
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, On February 22, 2010 Staff presented a staff report with the cost of
lumber only, inadvertently excluding the cost of the mailboxes, and;
WHEREAS, Lowe’s of Blaine quoted an amount of $11,214.21, and;
WHEREAS, Staff recommends that the City Council consider a 5% contingency
to the quote for minor hardware supplies in the amount of $560.00, 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 $11,774.92 to be funded from
account number 410-4650-7050-312 and to rescind Resolution Number 7578.
Adopted this 22nd day of March, 2010
________________________________
Joe Flaherty, Mayor
ATTEST:
_________________________________
James Ericson, Clerk-Administrator
(SEAL)
Item No: 8A
Meeting Date: March 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 7600 Accepting a Donation from Bethlehem
Baptist Church
Background
Bethlehem Baptist Church purchased the building located at 5151 Program Avenue in
2004 and received City zoning approval to renovate the former office / warehouse
space for church usage. At the same time, the Church expressed its desire to sponsor
and support worthy community endeavors and created the Mounds View Service
Project Fund pledging annual donations totaling $25,000. They envisioned the fund to
be used to help meet certain community needs jointly identified by the city and the
Church that would be “in harmony” with their mission and values.
Discussion
Representatives from the City, the Community Center and the Park & Rec Commission
met with representatives from Bethlehem Baptist Church facility on February 17, 2010
to discuss potential funding opportunities for the first half 2010 service project fund
donation which totaled $16,892. A number of programs and improvements were
highlighted for Bethlehem’s consideration. Subsequent to the meeting, staff put
together various cost estimates associated with the projects and programs discussed,
forwarding this information to the Church on February 22, 2010. The Church responded
with a letter dated March 4, 2010, recommending the following disbursement schedule:
1. $6000 YMCA's Club Mid program
2. $2000 Laptops for Homework Help (Community Center)
3. $6000 Ice Rink Improvements at Hillview Park
4. $2892 Trailway amenities, benches, park sign landscaping, etc.
Recommendation:
Attached for your consideration is Resolution 7600, a resolution which accepts the
donations from Bethlehem Baptist Church in the amount of $16,892 and authorizes the
distribution of the donations according to the Church’s recommendations.
Respectfully submitted,
James Ericson
Clerk-Administrator
RESOLUTION 7600
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ACCEPTING A DONATION FROM BETHLEHEM BAPTIST CHURCH
WHEREAS, Bethlehem Baptist Church has generously supported activities that
have benefited the residents of Mounds View; and
WHEREAS, Bethlehem Baptist Church would like to continue that support by
making a contribution to the City of Mounds View of $16,892 to support the following
programs and activities:
1. $6000 YMCA's Club Mid program
2. $2000 Laptops for Homework Help (Community Center)
3. $6000 Ice Rink Improvements at Hillview Park
4. $2892 Trailway amenities, benches, park sign landscaping, etc.
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council
gratefully acknowledges and accepts the donation of $16,892 from Bethlehem Baptist
Church and amends the 2009 Budget accordingly.
Adopted this 22nd day of March, 2010
_____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(seal)
Corrections made by Councilmember Mueller, Councilmember Hull, Clerk -Administrator Ericson, Community Development Director Roberts, and Assistant City Clerk -Administrator Crane.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
February 22, 2010 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:01 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, February 22, 2010, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To approve the Monday, February 22, 2010, agenda as 23
amended to remove Item 11.B.5., Police Chief Search Update. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
William Werner, 2765 Sherwood Road, questioned the purpose of the Council retreat. Mayor 30
Flaherty stated it provided an opportunity for the Council to meet with staff and residents to 31
discuss and set goals for this year for the coming years. He read the goals that the Council set at 32
the meeting. 33
34
1. Address Immediate Budget Constraints and Achieve Budget Sustainability 35
2. Enhance City Revenue Streams 36
3. Focus on County Highway 10 Development and Redevelopment 37
4. Continue implementing the Street and Utility Improvement Program 38
5. Continue Emphasis on Code Enforcement throughout the City 39
6. Ensure Long-Term Municipal I-net Backbone Connectivity 40
7. Continue Focus on Issues Relating to Home Foreclosures and Vacancies 41
8. Assess and Improve Community Center Operations 42
9. Continue to Encourage Public Participation and Improve Communications 43
Mounds View City Council February 22, 2010
Regular Meeting Page 2
Mr. Werner stated his taxes will be increased next year and he had hoped the City goals were set 1
to cut more costs. Mayor Flaherty stated the tax increase relates to the street improvement 2
project. 3
4
Clerk-Administrator Ericson stated the Council agreed with the need to minimize impact to 5
residents. He noted the total cost for the Street and Utility Improvement Program is $28 million 6
and the City has levied about $4 million toward the project. The majority of the cost will be 7
funded from other sources to minimize the direct cost to residents to the maximum extent 8
possible. 9
10
Mr. Werner stated again his support for the City to use other funds, such as the Levy Reduction 11
Fund, to cover the costs for streets. Mayor Flaherty explained those funds are being used to 12
offset the loss of Local Government Aid (LGA). Finance Director Beer stated if the Levy 13
Reduction Fund was used to cover the cost of the streets, the City would have to levy to make up 14
the loss in LGA. Mr. Werner suggested that things have changed considerably and encouraged 15
the City to be more frugal and use existing funds instead of raising taxes. 16
17
Naja Werner, 2765 Sherwood Road, asked how the City will meet its goal to find other revenue 18
sources. Mayor Flaherty stated the City will work to attract new and additional businesses and 19
residents. Ms. Werner doubted that businesses will come to the City during these difficult 20
economic times. She emphasized this is a time of frugality in how the Council runs the City and 21
maybe positions and some services, such as a new building at Greenfield Park, can be eliminated. 22
She recommended reading The New Frugality by Chris Farrell to get more information. Finance 23
Director Beer explained the Greenfield Park building will be paid from park dedication fees 24
which, by law, can only be used for park capital improvements. 25
26
6. SPECIAL ORDER OF BUSINESS 27
A. Presentation by the YMCA, Update on MVCC Programs and Operations. 28
29
Pat Prindle, YMCA, provided the Council with a copy of the 2008 and 2009 Utilization Report, 30
which had information on revenues, and program enrollment. He presented an overview of 2009 31
activities and levels of participation. 32
33
Council Member Stigney referenced the information in the Report on Lambert Park reservations 34
and usage. Mr. Prindle stated that information is not correct. Council Member Stigney stated he 35
would like the report to include revenues received for rental of the park buildings. Mr. Prindle 36
stated he would provide that information to the Council. Mr. Prindle announced that this 37
weekend will be the Sixth Annual Garage Sale. 38
39
Mayor Flaherty stated his support for programs offered by the YMCA at the Community Center 40
for the City’s youth and commended their vision and steps taken to grow the programs. Mr. 41
Prindle commented on the Y Partners Program and financial assistance available to Mounds 42
View residents to assure everyone can use the programs. Mayor Flaherty reviewed how 43
notification is made should the YMCA need to cancel a program. 44
45
Mounds View City Council February 22, 2010
Regular Meeting Page 3
Council Member Mueller asked about resurfacing of the gym floor. Mr. Prindle stated that has 1
not yet been done but will work around the scheduled events. Council Member Mueller noted 2
the City usually holds the Town Hall meeting at the Community Center but this year it will be 3
held at City Hall so the Community Center can be rented out. 4
5
7. COUNCIL BUSINESS 6
A First Reading of Ordinance 841, an Ordinance Amending the Mounds View 7
City Charter by Changing Title of Clerk-Administrator to City 8
Administrator. 9
10
Clerk-Administrator Ericson presented the recommendation of the Charter Commission, after 11
many meetings held in 2009, to update the title of “Clerk-Administrator” to a more commonly 12
used title of “City Administrator.” He described the research conducted by the Charter 13
Commission to assure the proposed change to the Charter would be clear so it would not cause 14
any confusion. Clerk-Administrator Ericson noted a recommended revision to Section 6.03, to 15
strike all roles and responsibilities since they are already articulated in City Code and at the 16
discretion of the City Council. Section 6.04 relates to the City Treasurer position, which is 17
appointed by the Council at the first meeting of each year, and the recommended revision 18
clarifies that process. 19
20
Council Member Gunn asked if the Minnesota State Statute number should be incorporated into 21
the Charter. Clerk-Administrator Ericson estimated 100 different State Stature references, 22
making it difficult to encapsulate all of those references. The Charter Commission felt it would 23
be adequate to reference “Minnesota Statutes” without citing the actual number. 24
25
Council Member Gunn asked if the title of “Assistant Clerk-Administrator” should also be 26
changed. Clerk-Administrator Ericson stated if his title changed it would be likely to make the 27
same change to that title, but is not a requirement since it is not referenced in the Charter. 28
29
Council Member Mueller stated her appreciation to the Charter Commission for this thorough 30
research and recommendation. She asked if the City Attorney has reviewed this amendment. 31
City Attorney Riggs answered in the affirmative. 32
33
Council Member Stigney pointed out that changing the Charter requires a unanimous vote of the 34
Council or a referendum, which is a safeguard. If the job responsibilities are moved from the 35
Charter to the Code, changing them would require a simple majority of three affirmative votes. 36
37
Mayor Flaherty asked for a legal opinion about referencing Minnesota State Statutes and if the 38
word “current” should be included. City Attorney Riggs stated “current” is assumed and noted 39
that even if the duties are not included in the Charter, it is required that the City employee 40
perform. He advised that the City’s Code does not include everything with regard to duties as 41
contained in the Statutes. 42
43
Council Member Stigney asked whether the Code should be updated if it does not include 44
everything within Statute. City Attorney Riggs stated there may be things the Council wants the 45
Mounds View City Council February 22, 2010
Regular Meeting Page 4
City Administrator to oversee but would not be within State Statutes. He noted that if desired, all 1
inclusive language could be included such as “all required statutory provisions.” 2
3
MOTION/SECOND: Mueller/Gunn. To Waive the First Reading of Ordinance 841, Amending 4
the Mounds View City Charter by Changing All Occurrences of “Clerk-Administrator” to “City 5
Administrator” and Revising Sections 6.03 and 6.04 Regarding Duties of the Administrator and 6
Treasurer. 7
8
Ayes – 5 Nays – 0 Motion carried. 9
10
B. Resolution 7580, Re-approval of the Final Plat for the Select Senior Living 11
Development at Highway 10 & Groveland Road. 12
13
Community Development Director Roberts reviewed the past Council action to approve the final 14
plat and development agreement for the Select Senior Living development and advised that the 15
City’s approvals became void because the project was not started within the allowed 120 days. 16
The Council has granted two 120-day time extensions and Select Senior Living is again asking 17
the Council for a 120-day re-approval of the final plat and development agreement which would 18
expire on June 22, 2010. He explained the tight financial market and change in lending practices 19
has made it difficult for this project to obtain funding, as indicated in Mr. Larson’s letter to the 20
Council. Community Development Director Roberts stated staff recommends adoption of the 21
draft resolution that would approve an extension for the project. 22
23
Joel Larson, Select Senior Living, updated the Council regarding the Select Senior Living project 24
and the difficulty that occurred when the rules in the banking industry changed. He stated they 25
have secured additional cash through investors and anticipate that by the end of this month they 26
will receive a financing commitment so the could move the project forward. Mr. Larson 27
requested the Council act favorably on their request for a 120-day extension. 28
29
Council Member Mueller asked about Select Senior Living’s other two projects. Mr. Larson 30
stated that Select Senior Living at Coon Rapids received occupancy permits one year ago and is 31
currently 96% full. Because of the banking issues, their Fridley project is currently on hold after 32
completing the City process and preliminary approval with conditions. Community 33
Development Director Roberts asked how long construction would take. Mr. Larson stated it 34
takes ten months from the time they start until they open the doors. 35
36
Council Member Mueller asked about part- and full-time jobs. Mr. Larson stated construction 37
creates over 100 temporary jobs and after it is open, there would be some part-time and about 25 38
full-time positions. 39
40
Mayor Flaherty stated this Council has been in support of the project. 41
42
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7580, Re-43
Approving the “Select Senior Living” Final Plat and Development Agreement: Mounds View 44
Planning Case No. MA2008-002. 45
Mounds View City Council February 22, 2010
Regular Meeting Page 5
1
Ayes – 5 Nays – 0 Motion carried. 2
3
C. Resolution 7578, Authorizing the Purchase of Lumber and Mailboxes for the 4
2010 SUIP – Area B/C. 5
6
Public Works Director DeBar presented staff’s recommendation to award the quote for purchase 7
of lumber and mailboxes as part of the 2010 Street and Utility Improvement Project, Area B/C, 8
to Lowe’s of Blaine, which submitted the low quote of $6,857.34. This fabrication would be 9
done in-house to create condensed mailbox areas on a common post, as required by the 10
Ordinance. The street contractor will install the mailboxes. 11
12
Mayor Flaherty asked if a resident can use their own mailbox. Public Works Director DeBar 13
answered in the affirmative and explained the process to do so. 14
15
Council Member Stigney stated this is an opportunity to standardize the mailbox numbers, 16
creating a better aesthetic. Public Works Director DeBar stated that was looked at last year but 17
the schedule didn’t allow time to do it. He agreed this would be a good opportunity and the City 18
can standardize the numbers this year. Council Member Stigney noted the resolution also 19
includes the purchase of mail boxes. 20
21
MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7578, 22
Authorizing the Purchase of Mailboxes and Lumber for Mailbox Posts for the 2010 Street and 23
Utility Improvement Project – Area B/C. 24
25
Council Member Mueller asked if it is possible to have an example or illustration of a group 26
mailbox at the Town Hall meeting. Public Works Director DeBar stated staff will bring an actual 27
post/mailbox model so residents can see what it looks like at the neighborhood meetings and 28
Town Hall meeting. 29
30
Ayes – 5 Nays – 0 Motion carried. 31
32
D. Resolution 7581, Authorizing a Step Increase for James Ericson, Clerk-33
Administrator. 34
35
Clerk-Administrator Ericson explained the resolution would approve a step increase for him. He 36
noted the City Council had recently reviewed his performance and determined he has 37
satisfactorily performed in the capacity of his position so a step wage adjustment is appropriate. 38
However, due to the budget deficit and the potential for a $400,000 shortfall, he would like to 39
defer action on his step increase for six months. Clerk-Administrator Ericson stated the Council 40
has indicated it did not intend to freeze step increases but he did not feel comfortable receiving a 41
step increase at this time. 42
43
Mayor Flaherty stated Clerk-Administrator Ericson is entirely deserving of this step increase, 44
which shows maturity and learning process within a position and so far, this Council has been 45
Mounds View City Council February 22, 2010
Regular Meeting Page 6
amenable to step increases. 1
2
Council Member Mueller asked if this would be reviewed in September when the budget is being 3
considered and if it would be retroactive to March 11, 2010. Clerk-Administrator Ericson stated 4
his recommendation would be that the increase is not retroactive since his intent is to save the 5
City some money. 6
7
Mayor Flaherty stated this is admirable of Clerk-Administrator Ericson. He noted the City has a 8
contract with Mr. Ericson and questioned if there would be an impact if they do not approve the 9
step increase. City Attorney Riggs stated there would not be an impact since it is being 10
considered at the requet of Mr. Ericson. 11
12
Council Member Mueller stated she understands Mr. Ericson is offering the delay genuinely and 13
no one on the Council or in the community has influenced him in making this recommendation, 14
it is of Mr. Ericson’s own free will due to the budget deficit. Clerk-Administrator Ericson stated 15
that is correct, no one has approached him to make this recommendation, which he feels strongly 16
about and hopes will send a message. 17
18
MOTION: Mueller. To Waive the Reading and Adopt Resolution 7581, Approving Step Wage 19
Adjustment and postpone action until August of 2010. 20
21
City Attorney Riggs recommended a motion to defer action to a date certain. 22
23
MOTION WITHDRAWN: Council Member Mueller withdrew the motion on the floor. 24
25
MOTION/SECOND: Mueller/Gunn. To defer action on a step wage adjustment for Jim Ericson 26
until the last meeting in August of 2010. 27
28
Council Member Stigney commended Clerk-Administrator Ericson for taking this stance, noting 29
it was not necessary but sends the signal that he cares for Mounds View and is concerned with 30
the budget. 31
32
Council Member Mueller emphasized that Clerk-Administrator Ericson has performed admirably 33
in his responsibilities and duties and this step increase is due now. Mayor Flaherty concurred 34
and noted that Mr. Ericson’s performance was highly ranked and this action shows the Council 35
that promoting him to this position was the correct decision. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
E. Resolution 7583, Amending Policy Requiring Cable Broadcasting of City 40
Business Conducted at Open Public Meetings at Mounds View City Hall. 41
42
Assistant Clerk-Administrator Crane reviewed that the role of the Cable Committee had been 43
discussed at the January Council Work Session. It was the consensus of the Council that the 44
present cable productions are appropriate for MVTV and to revise the role of the Cable 45
Mounds View City Council February 22, 2010
Regular Meeting Page 7
Committee to a more informal format that would not require meetings to be televised. Staff met 1
with the Cable Committee on February 16, 2010, and it supported revising its role to a more 2
informal committee to allow open creative participation of residents without being televised live 3
on MVTV. Assistant Clerk-Administrator Crane explained that making this change would 4
require amending the City’s Policy about broadcasting City meetings. The meetings will 5
continue to be open to the public, agendas posted and advertised on the City’s website, and 6
conducted at the Mounds View City Hall. 7
8
Council Member Mueller stated this would also be a cost saving measure and commended staff 9
for bringing this forward for the Council’s consideration. 10
11
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7583, 12
Requiring Cable Casting of City Business Conducted at Open Public Meetings at Mounds View 13
City Hall. 14
15
Council Member Stigney stated there is nothing wrong with making the meetings informal, but it 16
is a bit ironic not broadcasting a Cable Committee meeting. He stated this is part of the City’s 17
government and he felt it should be broadcast to assure open and accountable government. 18
19
Mayor Flaherty referenced a letter submitted by resident Barbara Haake and explained the intent 20
was to add to the wealth of talent already on the Cable Committee through a more relaxed (not 21
televised) and less formal format. 22
23
Council Member Stigney stated a goal of the City is to increase communication and broadcasting 24
this meeting is a method of communicating to the public. 25
26
Ayes – 4 Nays – 1 (Stigney) Motion carried. 27
28
F. Resolution 7584, Approving Transfers between Funds for the Year 2009. 29
30
Finance Director Beer presented staff’s recommendation to approve transfer between funds that 31
were made as part of the 2009 budget, noting the transfers are listed in the draft resolution as well 32
as transfers that will be increased, reduced, or not made to facilitate the Street and Utility 33
Improvement Project. 34
35
Council Member Hull referenced the transfer from the General Fund to pay for the Community 36
Center banquet facility was proposed to be $185,000 and reduced to $160,000. He asked 37
whether the transfer amounts would be reduced further in ensuing years. Finance Director Beer 38
stated weekend events are at a capacity but should there be infill of events during the week and 39
the economy recovers, revenues may improve and lower the amount of the transfer. Council 40
Member Hull stated this is moving in the right direction but the City’s General Fund is still 41
subsidizing the Community Center. 42
43
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7584, 44
Approving Transfers between Funds for the Year 2009. 45
Mounds View City Council February 22, 2010
Regular Meeting Page 8
1
Mayor Flaherty asked when it is prudent to move the TIF dollars into the Street and Utility Fund. 2
Finance Director Beer explained that at the recommendation of the City’s TIF advisors, the Street 3
and Utility Construction project is paid from TIF as the work occurs. 4
5
Council Member Mueller stated the dollar amount from budgeted transfers to actual transfers, is 6
$500,000 less. Finance Director Beer stated that is correct and mostly deferred capital costs. 7
8
Ayes – 5 Nays – 0 Motion carried. 9
10
8. CONSENT AGENDA 11
12
Council Member Stigney asked to remove Item 8B. Council Member Mueller asked to remove 13
Item 8C. 14
15
A. Licenses for Approval. 16
B. Resolution 7582, Authorizing Support of the Mounds View Community Theatre 17
Consistent with the City's Policy in Support of Artistic Organizations. 18
C. Resolution 7579, Approval to Purchase 800 MHz Radios in Accordance with 19
Federal UASI Grant Funds Awarded to Ramsey County Emergency Management. 20
D. Set a Public Hearing for 7:05 pm, Monday, March 8, 2010, to Consider the Second 21
Reading and Adoption of Ordinance 841, an Ordinance Changing the Title of 22
Clerk-Administrator to City Administrator and Amending Sections 6.03 and 6.04 of 23
the Mounds View City Charter. 24
E. Resolution 7585, Approving a Policy Establishing Reservation Priority for Use of 25
City Athletic Fields. 26
27
MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda Items A, D, and E. 28
29
Ayes – 5 Nays – 0 Motion carried. 30
31
B. Resolution 7582, Authorizing Support of the Mounds View Community Theatre 32
Consistent with the City's Policy in Support of Artistic Organizations. 33
34
Council Member Stigney asked about the impact of this request to the City’s photocopier. 35
Finance Director Beer stated the City’s contract is for a certain number of photocopies and 36
overages are .67 per copy, which would equal $50 for these copies. 37
38
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7582, 39
Authorizing Support of the Mounds View Community Theatre Consistent with the Policy for the 40
Support of Artistic Organizations. 41
42
Mayor Flaherty read the playbill and encouraged residents to take advantage of this wonderful 43
community theater. 44
45
Mounds View City Council February 22, 2010
Regular Meeting Page 9
Ayes – 5 Nays – 0 Motion carried. 1
2
C. Resolution 7579, Approval to Purchase 800 MHz Radios in Accordance with 3
Federal UASI Grant Funds Awarded to Ramsey County Emergency Management. 4
5
Council Member Mueller noted that Interim Police Chief Kinney found a Ramsey County grant 6
to apply Federal UASI grant funds to purchase 800 MHz radios for law enforcement and the 7
Public Works Department so they can communicate with each other. She read Resolution 7579 8
and extended her appreciation to Interim Police Chief Kinney for finding this grant. 9
10
MOTION/SECOND: Mueller/Hull. To Adopt Resolution 7579, Approving the Purchase of Five 11
800 MHz Radios in Accordance with Federal Urban Area Security Initiative (UASI) Grant Funds 12
Awarded to Ramsey County Emergency Management. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
9. JUST AND CORRECT CLAIMS 17
18
Finance Director Beer answered the Council's questions related to claims. Staff was asked to 19
provide additional details on the claim from Strikers for Police Department equipment. 20
21
MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as Presented. 22
23
Ayes – 5 Nays – 0 Motion carried. 24
25
10. APPROVAL OF MINUTES 26
A. January 11, 2010, City Council Meeting Minutes. 27
28
The Council requested the following correction: Page 9, Line 3-4, “…suggested this 29
organization be invited to the spring Town Hall meeting and Festival in the Park as well.” 30
31
MOTION/SECOND: Mueller/Hull. To Approve the January 11, 2010, City Council Meeting 32
Minutes as corrected above. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
11. REPORTS 37
A. Reports of Mayor and Council. 38
39
Council Member Hull thanked Clerk-Administrator Ericson for his action to defer his step 40
increase. He stated that he was not surprised by Clerk-Administrator Ericson’s recommendation 41
because he has and continues to be very loyal to Mounds View and justifies why he wanted to 42
hire Mr. Ericson in the first place. He thanked Mr. Ericson on behalf of the Council and all 43
residents. 44
45
Mounds View City Council February 22, 2010
Regular Meeting Page 10
Council Member Gunn congratulated the Irondale Girls hockey team who will be playing in the 1
State Tournament. She advised of the fan bus that has been organized and encouraged all to 2
support the Irondale School. 3
4
Council Member Mueller stated she will be at the State Capital on Wednesday to meet with 5
Senator Betzold and Representative Tillberry. She encouraged staff and residents to contact her 6
if they would like her to address any topics with the City’s representatives. 7
8
B. Reports of Staff. 9
1. Town Hall Meeting – Monday, March 29, 2010. 10
11
Assistant Clerk-Administrator Crane announced the Town Hall Meeting is scheduled for 12
Monday, March 29, 2010, at the Mounds View City Hall. She presented the agenda and advised 13
where it will be advertised to encourage public attendance. 14
15
2. 2009 Volunteer Coach of the Year and 2009 Citizenship Award. 16
17
Assistant Clerk-Administrator Crane announced the City is accepting nominations for the 2009 18
Volunteer Coach of the Year and 2009 Citizenship Award. She advised that a nomination has 19
not yet been received for either category. Nominations will be accepted through Friday, 20
February 26, 2010. 21
22
3. Minnesota Metro North Tourism Update. 23
24
Community Development Director Roberts presented an update on actions by the newly formed 25
Minnesota Metro North Tourism, noting Economic Development Specialist Steinzman was 26
elected as their secretary. 27
28
Community Development Director Roberts announced the Home and Garden Show will be held 29
this Saturday at the Schwan Super Rink from 9 a.m. to 2 p.m., and admission is free. 30
31
4. Public Works Annual Report. 32
33
Public Works Director DeBar presented the 2009 Public Works Annual Report and advised of 34
work completed. 35
36
Council Member Mueller stated a few residents have contacted her to ask when the City will 37
order memorial trees for the parks. Public Works Director DeBar stated residents can make 38
application for a memorial tree at any time. The spring tree sale will be advertised in the Mounds 39
View Matters and the memorial trees will be planted as part of the Arbor Day Celebration. 40
41
Public Works Director advised that a Public Works Supervisor finalist has been selected, 42
references are being checked, and staff will present a recommendation at the March 8, 2010, 43
meeting. 44
45
Mounds View City Council February 22, 2010
Regular Meeting Page 11
5. Police Chief Search Update. 1
2
This item was removed upon adoption of the agenda. 3
4
6. Review Draft 2010 Goals and Priorities. 5
6
Clerk-Administrator Ericson read the goals and priorities discussed at the February 12, 2010, 7
Council retreat and requested Council input. 8
9
Mayor Flaherty stated a comment had been made about the need to enhance the City’s revenue 10
stream and difficulty to do so in this economic environment. However, he believed it still needed 11
to remain a goal so the City is always looking for that opportunity. 12
13
Council Member Mueller clarified that “enhancing the City’s revenue stream” does not mean the 14
City will increase business or residential taxes. The Council wants to fill vacant buildings and 15
turn over homes in foreclosure so the community gets back to growing again. She stated the City 16
is fortunate that the Council and staff have good ideas, such as grants, to pursue. 17
18
The Council concurred with the goals and policies as presented. 19
20
7. Review March 2010 Work Session Agenda. 21
22
The Council agreed with the suggestion of Council Member Mueller to add the Code of Ethics 23
since it was not discussed at the retreat due to time constraints. 24
25
C. Reports of City Attorney. 26
27
City Attorney Riggs stated his report is included in the Council’s meeting packet. It was noted 28
the City Code is being codified and will be available shortly. 29
30
12. Next Council Work Session: Monday, March 1, 2010, at 7:00 p.m. 31
Next Council Meeting: Monday, March 8, 2010, at 7:00 p.m. 32
33
13. ADJOURNMENT 34
35
The meeting was adjourned at 9:14 p.m. 36
37
Transcribed by: 38
39
Carla Wirth 40
TimeSaver Off Site Secretarial, Inc. 41
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Executive Session
Date: March 8, 2010
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
Time: 9:25 p.m.
1. EXECUTIVE SESSION IS CALLED TO ORDER
2. ROLL CALL:
Mayor Flaherty, Council Members Stigney, Hull, Mueller, and Gunn, and Clerk-
Administrator Ericson.
3. CLOSED EXECUTIVE SESSION
DISCUSS UNION CONTRACT NEGOTIATIONS
Clerk-Administrator Ericson and Council reviewed and discussed the status of the LELS
Police union contract negotiation.
MEETING ADJOURNED AT 9:35p.m.
Respectfully Submitted,
Desaree Crane
Assistant City Clerk-Administrator
Item No: 11B(2)
Meeting Date: March 22, 2010
Type of Business: Admin Reports
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Clerk - Administrator
Item Title/Subject: Administrator Reports
1. Mounds View Town Hall Meeting
As a final reminder, the 6th annual Town Hall Meeting will be held here at Mounds View City
Hall on March 29, 2010 from 6:00 pm to 8:30 pm. The change in venue was made to make
use of the existing cable equipment and to better accommodate the attendees. Previous
Town Hall Meetings were held on Saturday mornings with minimal attendance, so we’re
hoping a Monday evening might be more convenient for residents. The meeting provides
residents the opportunity to ask questions of the City Council and to become aware of new
goals and priorities. The coach of the year and citizen of the year awards are presented at
this meeting as well.
2. Employee Appreciation Luncheon and Gift Certificates
In 2001, the City Council approved Resolution 5617 establishing a program to provide
eligible employees with service awards upon reaching five-year employment milestones. In
addition, the City has also provided a luncheon to show its appreciation for the hard work
and dedication of city employees, at which time the service awards are presented. These
service awards (in the form of gift cards) have been awarded to the eligible employees
during the annual employee appreciation luncheon. In 2010, eight employees will reach five-
year milestones. The City has budgeted $850 for the employee appreciation luncheon and
$850 for the service awards. Given the anticipated loss of LGA and other funding
deficiencies, I am recommending we significantly scale back expenditures for the luncheon
but retain the service awards as a means to recognize those employees who have dedicated
their time and efforts to the City. I am suggesting we reduce expenditures by $900, leaving
$800 for both the luncheon and service awards.
3. Labor Negotiations Update
Desaree Crane and I have met with representatives from AFSCME and the officers’ union in
mediation sessions held here at Mounds View City Hall. While neither mediation session
resulted in a contract settlement, the process was informative and productive, if only as a
means to an end. We received notice from the sergeants’ union they also intend to file for
mediation which is scheduled for April 12. The Public Works bargaining unit executed their
2010 – 2011 contract which is on the Council’s agenda for approval. Finally, the officers’
union indicates they will be filing for arbitration, however we have not received an such
notice.
Administrator Report
March 22, 2010
Page 2
4. ClearWire Request
As the Council will recall, the City recently approved a lease agreement with ClearWire to
locate antennae on the City’s water tower. The terms of the lease provide the City with
annual payments totaling $21,000 with a 4% annual inflator. ClearWire also paid $2,000 up
front to cover our legal and engineering review of the agreement and the plans. In an effort
to achieve sufficient coverage for their services, ClearWire is requesting to construct a
monopole in Silverview Park. The pole could replace one of the existing light standards
already in the park or could be located in the wooded area. The City Code allows for
telecommunication poles in parks by conditional use permit, however because the City is the
owner, there should be some level of agreement reached before any such application is
made. Given its acreage, Silverview Park might be a good location for a cell tower and
would provide the city with additional revenue. Is the Council open to consider such a
proposal?
5. Ramsey County League of Local Governments Meeting
At the last City Council meeting, Council Member Mueller announced that the Ramsey
County League of Local Governments (RCLLG) would be holding a meeting at the Mounds
View Community Center on March 25, 2010. The meeting topic is “Partnering with
Nonprofits and Foundations to Strengthen Your Community.” RSVP’s are needed by March
23, so please let me know if you intend to attend. If three or more Council members attend,
we will post a quorum notice. We have been notified that an elected official from Roseville,
New Brighton, Mounds View, Falcon Heights or Lauderdale is needed to serve on the
County’s Dispatch Policy Committee. The RCLLG will appoint this person, so let me know if
one of you is interested. (Please refer to the correspondence from Scott Williams, Ramsey
County’s Director of Emergency Communications, for more information.) The board meeting
agenda and the meeting flyer is attached for your reference.
6. Election Calendar
As the Council is aware, the MN Legislature changed the date for the primary election to the
second Tuesday in August to be consistent with federal legislation. The Governor signed
this into law. This year, the primary election will be on August 10th. The primary reason for
the change is to allow sufficient time for military personnel to submit absentee ballots.
Attached for your reference is the election calendar for this year.
7. Charter Commission Meeting
The Charter Commission met on March 10, 2010. The Commission continues to discuss
possible changes to Chapter 8 of the Charter relating to special assessments and local
improvements. Some changes being proposed are substantial which should raise some
concern for the City from a procedural and financial standpoint. (I have put together a memo
outlining my concerns which is attached for your review.) Two potential changes would allow
for petitions against projects that do not include special assessments and would allow a
petition FOR an improvement that did not include special assessments. Finance Director
Beer and I met with one of the Charter Commission members prior to the March 10 meeting
to get a better understanding of what’s driving the discussion.
Administrator Report
March 22, 2010
Page 3
8. Cable Committee Meeting
I met with Cable Committee chairperson Barbara Haake on February 24, 2010 to discuss the
function of the Cable Committee in light of the Council’s consent that the committee be more
informal. It was a productive meeting and it gave us an opportunity to outline several
procedural issues. We discussed the “History of the Cable Committee” document Ms.
Haake put together and I suggested I should meet with the rest of the Committee—
informally—to communicate my thoughts. That meeting occurred on March 9 at a local
restaurant.
I acknowledged that some of the committee members may have been frustrated with the
additional oversight and the City’s push to make the committee more formal and structured.
While structure is beneficial, I agreed that it may have been overkill to require the group to
adopt Bylaws, and that there was no need for the City to make appointments, assign term
limits, no need for minutes, etc., because the reality is that the Cable Committee was started
as a group of residents with a unified goal to bring Cable programming to the residents—it
was never formally recognized by the City. The Committee has acted independently for
years as an ad-hoc advisory body to the Council, providing “talent” for video productions and
has often been the creative genius behind programs run on MVTV.
Because they are NOT an official City committee, they are not subject to open meeting laws
and can meet off-site if they wish. I indicated however that if they were serious about gaining
new members, a consistent meeting schedule would help in that regard. I suggested that
they could still meet at City Hall and we would be happy to attend their meetings if there was
a need. For now, Vanessa and Desaree will not attend their meetings unless one or both is
invited. The Committee—much like any resident or staff member--will continue to submit
production requests to Vanessa, however I pointed out that Vanessa’s time is limited and
City requests would take priority over committee requests. It is hoped that a return to an
independent committee structure will re-instill with the members the pleasure and satisfaction
they once felt as members of this citizen committee. I will keep you posted as to how this
works out.
9. Coventry Senior Living Proposal
The developers behind the latest senior housing proposal made an informal presentation to
the Planning Commission Wednesday evening, March 17, 2010. They are proposing a 95
unit building between County Highway 10 and O’Connell Drive. They also held a
neighborhood meeting on March 18 here at City Hall to present the project to neighbors with
the intent to gather feedback and respond to questions and concerns before a formal
application is submitted. They would like to present their plan to you at your April 5th work
session, assuming you would be willing to hear their informal presentation.
Administrator Report
March 22, 2010
Page 4
10. 2010 Conference Schedule
There are three conferences scheduled this year which were identified in the City
Administrator’s budget—The MCFOA Clerk’s Conference (needed to obtain Clerk
certification), the League of MN Cities annual conference and the Minnesota City / County
Managers Association conference. Before I register for any of the conferences, I wanted to
review these with the Council to ensure support remained to attend the three. The amount
for this line item in the 2010 budget is $2,900, which was decreased by $1,150 from 2009.
While I do not have costs yet for the MCFOA conference, the MCMA leadership conference
in May will cost $662 (registration, lodging and meals) and the LMC conference will cost
$600. The LMC and MCFOA conferences were budgeted at $750 each; the MCMA
conference was budgeted at $700. While I believe professional development is important,
perhaps especially so during these times of struggling city budgets, I would understand if the
loss of LGA this year necessitate even further reductions in this budgeted line item. That
being said, I seek your direction regarding the three referenced professional development
opportunities.
11. TCAAP Meeting
We have confirmed that all Council members are invited to attend the TCAAP information
meeting being held in Arden Hills on April 14th. If anyone is interested in attending, please let
me know and I will coordinate the RSVP. If three or more of you express an interest, we will
post notice of a quorum.
12. Liquor at the MVCC “Event Center”
Staff and the City Attorney have been working on code amendments concerning the City’s
liquor code. In May of 2009, the Minnesota legislature revised sections of Minnesota Statute
pertaining to liquor (MN Stat. §340A). One such revision clarified that a liquor permit or
license is not needed to serve liquor in a public facility when no commercial transaction is
taking place other than possible rental of the facility. According to the 2009 LMC Law
Summaries, one example of this is when someone rents a municipally owned community
center or park shelter for a family reunion, and intends to serve alcohol, but is not selling the
alcohol. The only commercial transaction is the renting of the facility, and therefore, a liquor
permit or license isn’t needed. The event center coordinator has received requests from
clients who wish to provide champagne at receptions or other alcoholic beverages. While
state law mow permits this, the City can be more restrictive. Presently, any client who
wishes to provide alcohol at the event center is required to bring in a licensed liquor
caterer—even if the alcohol is provided freely. I have asked the City Attorney what the City’s
liabilities are if we permit contract-holders to bring in alcohol without a licensed liquor caterer,
and his response is limited to none. It was suggested that if we intend to allow this to occur,
the person booking the space will need to sign an additional waiver of liability and perhaps
pay an additional deposit. Desaree checked with other cities to see if they have changed
their policies, thus far none has, although it should be stated that those contacted restrict
alcohol to certain vendors—the City of Mounds View does not and has not since the
Mermaid managed the facility. Staff seeks the Council’s direction on this issue.
Administrator Report
March 22, 2010
Page 5
13. Work Session Agenda – April 5, 2010
The following items are presently scheduled for the April 5th worksession agenda:
1. Review Concept plan for Coventry Senior Living proposal (County Highway 10)
2. Mermaid Reimbursement Request
3. Review Proposed New Floodplain Ordinance
If there is anything else the Council would like to have presented or discussed at the April
worksession, please let me or Desaree know.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
2010 Election Calendar
May 28 Last day to certify text of ballot questions for primary. If the City were to place a question
on the ballot for the primary, then the City Council should have the questions approved
by Resolution no later than the first City Council Meeting in May. Please be aware that
the ballot question(s) must be approved by the City Attorney as well. (205.16, subd 4;
205A.07, subd 3)
Jun 25 Begin absentee voting for city and school district primary. (204B.35, subd 4)
Aug 3 First day to file affidavits of candidacy for city offices without municipal primaries and for
school district offices. This is the first day that residents can file for City office for the
general election on November 2nd. (205.13, subd 1a; 205A.06, subd 1a)
Aug 7 Extended hours for absentee voting: 10:00am – 3:00pm – City Hall must be open on
Saturday, August 7th to allow residents the opportunity to vote absentee in person.
(203B.085)
Aug 9 Extended hours for absentee voting: 8:00am – 5:00pm. City Hall must be open extended
hours on Monday, August 9th to allow residents the opportunity to vote absentee.
(203B.085)
Aug 10 State primary – polls open 7:00am – 8:00pm – Mounds View Community Center.
(204D.03, subd 1)
Aug 17 Last day to file affidavits of candidacy for city offices without municipal primaries and for
school district offices (5 pm). City Hall must stay open until 5pm on August 17th. This is
the last day that residents can file for City Offices. (205.13, subd 1a; 205A.06, subd 1a)
Aug 19 Last day to file affidavits of withdrawal for city offices for cities without municipal primaries
(5 pm). City Hall must stay open until 5pm on August 17th to allow residents to withdraw
their affidavits for city offices. (205.13, subd 6)
Aug 20 Last day to certify text of ballot questions for general election ballot. If the City Council
wishes to place a question on the ballot, then the City Council should have the questions
approved by Resolution no later that the 1st City Council Meeting in August. Please be
aware that the ballot question(s) must be approved by the City Attorney as well. (205.16,
subd 4; 205A.07, subd 3)
Sept 17 Begin absentee voting for general election (204B.35, subd 4)
Oct 30 Extended hours for absentee voting: 10:00am – 3:00pm. City Hall must be open on
Saturday, October 30th to allow residents the opportunity to vote absentee in person.
(203B.085)
Nov 1 Extended hours for absentee voting: 8:00am – 5:00pm. City Hall must be open extended
hours to allow residents the opportunity to vote absentee in person. (203B.085)
Nov 2 State general election – polls open 7:00am to 8:00pm – Mounds View Community Center
(204D.03, subd 2)
365896v2 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: March 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 and revise Chapters 502 and 503 of the City Code regarding intoxicating
liquor and 3.2 percent malt liquor licenses; prepare comments and Code
amendment. Matter is presently pending.
MU125-14: Public Works Dept. Draft Used Equipment Purchase Agreement and forward to
City staff. Consult with City staff. Matter is presently pending.
MU125-65: General Licensing Matters. Consult with City staff regarding charitable
gambling. Consult with City staff regarding charitable organizations’ local
operations. Research same. Matter is presently pending.
MU210-54: City Code Updates/Revisions. Update City Code. Matter is presently pending.
MU210-62: Police Civil Service Commission. Review Commission hiring, authority, etc.
Consult with City staff. 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.
MU210-180: Sommers v. City of Mounds View. Review status report and e-mail from the
League. Matter is presently pending.
SJR:jms