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HomeMy WebLinkAboutAgenda Packets - 2010/05/24 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, May 24, 2010 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. 2009 Audit presentation by Aaron Nielsen, CPA, Principal - Malloy, Montague, Karnowski, Radosevich, & Co., P.A. B. Senator Betzold and Representative Tillberry would like to speak to the City Council about the 2010 State legislative session 7. COUNCIL BUSINESS A. 7:05pm Public Hearing to Review and Consider Resolution 7612, Adopting the Five Year Financial Plan for the years 2011 thru 2015 B. 7:10pm Public Hearing for the Introduction and First Reading of Ordinance 845, a Zoning Code Amendment to Chapter 1112, B-1 Neighborhood Business District, adding Thrift Store and other additional permitted uses C. 7:15pm Public Hearing to Consider Resolution 7621, a Conditional Use Permit for Outdoor Sales-Farmers Market, at 2430 Highway 10 (Wynnsong Movie Theater parking lot) D. Resolution 7620, Approving the Hire of Don Burda as Seasonal Building Inspector in the Community Development Department E. Resolution 7616, Revising Section 3.01 of the Mounds View Personnel Manual Pertaining to Compensation F. Resolution 7617, Approving Step Increase for Officer Kirsten Lafean, MVPD G. Resolution 7618, Establishing the Absentee Ballot Board for the 2010 Primary and General Elections H. Resolution 7622, Authorizing an Agreement with Rick Wriskey for Urban Forestry Services 8. CONSENT AGENDA A. Licenses for Approval B. Schedule a Public Hearing for June 14, 2010, at 7:05pm, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 County Highway 10 C. Schedule a Public Hearing for June 14, 2010, at 7:10pm, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located at 2400 County Road H2 D. Schedule a Public Hearing for June 14, 2010, at 7:15pm, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 County Highway 10 E. Schedule a Public Hearing for June 14, 2010, at 7:20pm, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 County Highway 10 F. Schedule a Public Hearing for June 14, 2010, at 7:25pm, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2 G. Schedule a Public Hearing for June 14, 2010, at 7:30pm, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor located at 2577 County Highway 10 H. Schedule a Public Hearing for June 14, 2010, at 7:35pm, a Resolution to Consider an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi Bar located at 2394 County Highway 10 I. Schedule a Public Hearing for June 14, 2010, at 7:40pm, a Resolution to Consider an Off-Sale 3.2 Malt Liquor License for SuperAmerica located at 2840 County Road I J. Resolution 7619, Approving the Computer Technology Use and Access Policies 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. April 26, 2010, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Update On Robert’s Conditional Use Permit C. Reports of City Attorney 12. Next Council Work Session: Monday, June 7, 2010, at 7:00 p.m. Next Council Meeting: Monday, June 14, 2010, at 7:00 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, May 24, 2010 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. 2009 Audit presentation by Aaron Nielsen, CPA, Principal - Malloy, Montague, Karnowski, Radosevich, & Co., P.A. B. Senator Betzold and Representative Tillberry would like to speak to the City Council about the 2010 State legislative session 7. COUNCIL BUSINESS A. 7:05pm Public Hearing to Review and Consider Resolution 7612, Adopting the Five Year Financial Plan for the years 2011 thru 2015 B. 7:10pm Public Hearing for the Introduction and First Reading of Ordinance 845, a Zoning Code Amendment to Chapter 1112, B-1 Neighborhood Business District, adding Thrift Store and other additional permitted uses C. 7:15pm Public Hearing to Consider Resolution 7621, a Conditional Use Permit for Outdoor Sales-Farmers Market, at 2430 Highway 10 (Wynnsong Movie Theater parking lot) D. Resolution 7620, Approving the Hire of Don Burda as Seasonal Building Inspector in the Community Development Department E. Resolution 7616, Revising Section 3.01 of the Mounds View Personnel Manual Pertaining to Compensation F. Resolution 7617, Approving Step Increase for Officer Kirsten Lafean, MVPD G. Resolution 7618, Establishing the Absentee Ballot Board for the 2010 Primary and General Elections H. Resolution 7622, Authorizing an Agreement with Rick Wriskey for Urban Forestry Services City Council Agenda Monday, May 24, 2010 Page 2 8. CONSENT AGENDA A. Licenses for Approval B. Schedule a Public Hearing for June 14, 2010, at 7:05pm, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 County Highway 10 C. Schedule a Public Hearing for June 14, 2010, at 7:10pm, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located at 2400 County Road H2 D. Schedule a Public Hearing for June 14, 2010, at 7:15pm, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 County Highway 10 E. Schedule a Public Hearing for June 14, 2010, at 7:20pm, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 County Highway 10 F. Schedule a Public Hearing for June 14, 2010, at 7:25pm, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2 G. Schedule a Public Hearing for June 14, 2010, at 7:30pm, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor located at 2577 County Highway 10 H. Schedule a Public Hearing for June 14, 2010, at 7:35pm, a Resolution to Consider an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi Bar located at 2394 County Highway 10 I. Schedule a Public Hearing for June 14, 2010, at 7:40pm, a Resolution to Consider an Off-Sale 3.2 Malt Liquor License for SuperAmerica located at 2840 County Road I J. Resolution 7619, Approving the Computer Technology Use and Access Policies 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. April 26, 2010, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Update On Robert’s Conditional Use Permit C. Reports of City Attorney 12. Next Council Work Session: Monday, June 7, 2010, at 7:00 p.m. Next Council Meeting: Monday, June 14, 2010, at 7:00 p.m. THIS PAGE LEFT BLANK INTENTIONALLY City of Mounds ViewFive Year Financial PlanGeneral Fund Multi-year Operating Budget 2011 thru 20150%3%3%3%3%200720082009AdoptedProjectedProjectedProjectedProjectedProjectedActualActualActual201020112012201320142015Revenues:Levy increase percentage4.00%4.00%4.00%4.00%4.00%Property taxes - Base levy3,376,307$ 3,363,818$ 3,168,022$ 3,212,525$ 3,436,771$ 3,574,242$ 3,717,212$ 3,865,900$ 4,020,536$ Property taxes - Special levies76,145 76,145 241,822 242,704 242,704 242,704 242,704 242,704 242,704 Property taxes - Fire debt levies161,327 158,370 158,895 154,606 93,341 93,667 93,119 93,293 93,373 Franchise tax273,540 283,796 235,002 287,000 245,000 252,350 259,921 267,718 275,750 Other taxes47,092 47,138 40,130 45,000 45,000 46,350 47,741 49,173 50,648 Hotel/motel tax52,615 51,263 43,835 51,000 45,000 46,350 47,741 49,173 50,648 Licenses and permits212,041 193,929 175,815 180,270 180,270 185,678 191,248 196,986 202,895 Intergovernmental348,800 380,603 816,716 557,807 304,881 314,027 323,448 333,152 343,146 Charges for services18,576 11,459 23,302 22,190 22,190 22,856 23,541 24,248 24,975 Fines & forfeitures41,833 38,617 29,819 40,800 40,800 42,024 43,285 44,583 45,921 Interest118,620 187,181 96,267 104,000 104,000 107,120 110,334 113,644 117,053 Miscellaneous175,305 189,263 124,177 86,656 107,656 110,886 114,212 117,639 121,168 Transfers: DARE Special Revenue Fund- 4,393 4,393 4,393 4,393 - - - - Special Projects Fund- 90,000 - 90,000 90,000 - - - - Water Fund56,422 58,115 59,859 61,655 63,505 65,410 67,372 69,394 71,475 Sewer Fund44,688 46,030 47,411 48,833 50,298 51,807 53,361 54,962 56,611 Street Light Fund2,000 2,060 2,122 2,186 2,253 2,321 2,390 2,462 2,536 Levy Reduction291,600 329,000 249,315 250,000 350,000 350,000 350,000 350,000 350,000 Vehicle & Equipment Fund141,500 117,250 44,000 65,600 450,500 28,000 236,000 137,800 175,000 Use of reserves- - - - - - - - - Total revenues5,438,411 5,628,430 5,560,902 5,507,225 5,878,562 5,535,792 5,923,629 6,012,828 6,244,439 Operating Expenditures:Legislative Services:City Council51,469 49,409 44,342 49,974 49,974 51,473 53,017 54,608 56,246 Advisory Commissions16,018 22,244 9,575 11,900 11,900 12,257 12,625 13,003 13,394 Subtotal67,487 71,653 53,917 61,874 61,874 63,730 65,642 67,611 69,640 Administrative Services:City Administrator178,551 181,283 214,640 217,232 217,232 223,749 230,461 237,375 244,497 Elections14,408 32,048 11,848 38,210 38,210 39,356 40,537 41,753 43,006 Finance222,326 232,688 238,674 249,270 249,270 256,748 264,451 272,384 280,556 Central Services236,211 217,990 187,197 213,082 213,082 219,474 226,059 232,840 239,826 Subtotal651,496 664,009 652,359 717,794 717,794 739,328 761,508 784,353 807,883 Community Development471,136 459,520 438,046 486,119 486,119 500,703 515,724 531,195 547,131 Police2,032,576 2,146,106 2,240,589 2,279,632 2,279,632 2,348,021 2,418,462 2,491,015 2,565,746 Fire251,119 279,649 282,977 282,750 285,495 294,060 302,882 311,968 321,327 Public Works Administration95,374 113,958 106,795 120,436 149,103 153,576 158,183 162,929 167,817 1 Operating Expenditures: (continued)Parks, Recreation & Forestry:Recreation122,566 136,343 108,647 125,600 125,600 129,368 133,249 137,247 141,364 Parks296,693 310,233 310,389 306,586 306,586 315,784 325,257 335,015 345,065 Forestry62,945 49,675 50,496 61,450 61,450 63,294 65,192 67,148 69,163 Subtotal482,204 496,251 469,532 493,636 493,636 508,445 523,698 539,409 555,592 Public Works Building & Grounds Mtnce122,568 138,152 132,439 136,185 136,185 140,271 144,479 148,813 153,277 Vehicle & Equipment Mtnce81,510 87,695 84,828 84,738 84,738 87,280 89,899 92,596 95,373 Subtotal204,078 225,847 217,267 220,923 220,923 227,551 234,377 241,409 248,651 Streets:Pavement Management162,750 202,004 211,453 191,215 191,215 196,951 202,860 208,946 215,214 Snow & Ice Control119,757 124,272 120,925 128,811 128,811 132,675 136,656 140,755 144,978 Sign Maintenance34,753 37,262 35,320 36,696 36,696 37,797 38,931 40,099 41,302 Subtotal317,260 363,538 367,698 356,722 356,722 367,424 378,446 389,800 401,494 OtherConvention & Visitor's Bureau50,071 48,715 40,171 48,450 42,750 44,033 45,353 46,714 48,116 Social Service Coordination17,927 18,375 18,926 18,926 18,926 19,494 20,079 20,681 21,301 Miscellaneous/contingency- 5,402 6,263 106,500 106,500 131,000 156,000 156,000 156,000 Transfers to Comm Ctr fund175,000 175,000 160,000 175,000 175,000 175,000 175,000 175,000 175,000 Transfers to Vehicle fund175,000 175,000 175,000 50,000 175,000 175,000 175,000 175,000 175,000 Debt service - Fire Bonds203,724 150,625 149,283 147,195 88,896 89,207 88,685 88,850 88,927 Subtotal621,722 573,117 549,643 546,071 607,072 633,733 660,117 662,245 664,344 Total operating expenditures5,126,965 5,321,995 5,324,906 5,504,083 5,596,496 5,772,840 5,953,397 6,114,323 6,279,985 Percent increase(decrease) over PY2.15%3.80%0.05%3.36%1.68%3.15%3.13%2.70%2.71%Capital Expenditures:Administrative23,996 24,651 7,683 25,000 53,000 28,000 29,000 45,000 31,000 Police54,532 89,805 36,239 40,600 87,000 - 117,000 58,000 30,000 Fire32,613 13,048 35,789 46,452 46,452 35,846 36,921 38,029 39,169 Park & Recreation12,024 5,845 - - 55,500 - 90,000 - 114,000 Public Works27,250 13,044 949 - 255,000 - - 34,800 - Subtotal150,415 146,393 80,660 112,052 496,952 63,846 272,921 175,829 214,169 Total expenditures5,344,867 5,540,041 5,459,483 5,678,009 6,155,322 5,900,416 6,291,960 6,357,763 6,563,794 Revenue over (under) expenditures93,544 88,389 101,419 (170,784) (276,760) (364,624) (368,331) (344,935) (319,355) Beginning Fund Balance2,473,164 2,566,708 2,655,097 2,756,516 2,585,732 2,308,972 1,944,348 1,576,016 1,231,081 Ending Fund Balance2,566,708$ 2,655,097$ 2,756,516$ 2,585,732$ 2,308,972$ 1,944,348$ 1,576,016$ 1,231,081$ 911,727$ 2 City of Mounds ViewVehicle and Equipment Replacement FundTarget ActualEstimated Age Replacement Replacement Balance NewVeh. Year Original Replace Replacement In Balance Balance Surplus Remain To Be AnnualDept. Manufacturer Model No. Vin Acq. Cost Year Life Cost 2010 as of 12/10 as of 12/10 (Deficit) Life Funded CostComD FORD Crown Victoria (Police 2003) 508 2FAHP71W04X103085 2008 24,510.67 2013 5 - 2 - - - 3- - ComD FORD Crown Victoria (Police 2003) 509 2FAHP71W04X158054 2008 22,635.47 2013 5- 2- - - 3- - ComD CHEVY Cavalier506 1G1JC52F357170189 2004 9,750.00 2014 10 15,000 6 9,000.00 9,000.00 - 4 6,000.00 1,500.00 ComD FORD Ranger Pickup507 1FTYR10U26PA83660 2006 12,287.50 2016 10 18,000 4 7,200.00 7,200.00 - 6 10,800.00 1,800.00 Total Community Development3,300.00 Cent Ser Various Computers & switches Various 2008 24,650.78 2013 5 29,000 2 11,600.00 11,600.00 - 3 17,400.00 5,800.00 Cent Ser Various Computers & switchesVarious2009 12,082.75 2014 5 30,000 1 6,000.00 6,000.00 - 4 24,000.00 6,000.00 Cent Ser Various Computers & switchesVarious2005 16,030.90 2010 5 26,000 5 26,000.00 26,000.00 - 0- - Cent Ser Various Computers & switchesVarious2006 18,004.78 2011 5 27,000 4 21,600.00 21,600.00 - 1 5,400.00 5,400.00 Cent Ser Various Computers & switchesVarious2007 23,996.28 2012 5 28,000 3 16,800.00 16,800.00 - 2 11,200.00 5,600.00 Total Central Services22,800.00 Police CHEVY IMPALA (Dep Police Chief) 022 2G1WF52E929320773 2002 18,455.22 2010 8 27,000 8 27,000.00 27,000.00 - 0- - Police FORD Crown Victoria (CSO) 051 2FAHP71W25X159949 2005 20,725.50 2013 8 27,000 5 16,875.00 16,875.00 - 3 10,125.00 3,375.00 Police CHEVY IMPALA (Detectives) 061 2G1WB58K569361240 2006 15,507.00 2014 8 28,000 4 14,000.00 14,000.00 - 4 14,000.00 3,500.00 Police FORD Crown Victoria062 2FAHP71W66X142783 2006 21,437.00 2011 5 30,000 4 24,000.00 24,000.00 - 1 6,000.00 6,000.00 Police FORD Crown Victoria063 2FAHP71W96X166785 2006 20,600.00 2011 5 30,000 4 24,000.00 24,000.00 - 1 6,000.00 6,000.00 Police CHEVY IMPALA LS (Police Chief) 071 2G1WB58K079377475 2007 19,252.33 2015 8 30,000 3 11,250.00 11,250.00 - 5 18,750.00 3,750.00 Police FORD Crown Victoria082 2FAFP71V08X175487 2008 23,990.40 2013 5 30,000 2 12,000.00 12,000.00 - 3 18,000.00 6,000.00 Police FORD Crown Victoria083 2FAFP71V28X175488 2008 26,705.85 2013 5 30,000 2 12,000.00 12,000.00 - 3 18,000.00 6,000.00 Police FORD Crown Victoria084 2FAHP71V48X168888 2008 26,705.85 2013 5 30,000 2 12,000.00 12,000.00 - 3 18,000.00 6,000.00 Police FORD Crown Victoria085 2FAHP71V28X168890 2008 26,705.85 2013 5 30,000 2 12,000.00 12,000.00 - 3 18,000.00 6,000.00 Police FORD Crown Victoria091 2FAHP71V79X143551 2009 21,852.36 2014 5 30,000 1 6,000.00 6,000.00 - 4 24,000.00 6,000.00 PoliceCivil Defense Siren2006 15,220.00 2031 25 23,000 4 3,680.00 3,680.00 - 21 19,320.00 920.00 PoliceCivil Defense Siren2007 15,593.00 2032 25 23,000 3 2,760.00 2,760.00 - 22 20,240.00 920.00 PoliceCivil Defense Siren2008 15,749.00 2033 25 23,000 2 1,840.00 1,840.00 - 23 21,160.00 920.00 Total Police55,385.00 Street KBAR Sign trailer118 4K1KT4C13PK002148 1993 4,078.00 2018 25 1,800 17 1,224.00 1,224.00 - 8 576.00 72.00 Street REDIHAUL WOLFPAC Trailer119 47SS121T5K1005396 1989 2,129.75 2014 25 4,800 21 4,032.00 4,032.00 - 4 768.00 192.00 Street CASE 621D Loader123 JEE01257022003 89,800.39 2018 15 130,000 7 60,666.67 60,666.67 - 8 69,333.33 8,666.67 Street STERLING L 8500 (dump truck) 124 2FZAAWAK34AM16187 2003 95,782.84 2018 15 140,000 7 65,333.33 65,333.33 - 8 74,666.67 9,333.33 Street LE ROI Q1-85-DP (roll-pack) 126 3119X3721980 6,295.00 2010 30 15,000 30 15,000.00 15,000.00 - 0- - Street BOB CAT BCA125 Compactor 127 6814146-4916-11082 2003 14,052.50 2018 15 20,000 7 9,333.33 9,333.33 - 8 10,666.67 1,333.33 Street BOB CAT BCA125 Compactor 127 6814146-4916-11082 2003 14,052.50 2018 15 20,000 7 9,333.33 9,333.33 - 8 10,666.67 1,333.33 Street FORD F150 Pickup131 1FTEF15N9RLA70851 1994 17,154.69 2010 16- 16- - - 0- - Street FORD L8000 (dump truck) 133 IFDYK82EOTVA31983 1996 96,988.65 2011 15 140,000 14 130,666.67 130,666.67 - 1 9,333.33 9,333.33 Street FORD 4X4 1 TON F578134 1FDAF57F9XEB96751 1999 36,494.44 2010 11 40,000 11 40,000.00 40,000.00 - 0- - Street FORD F250 4X4 Pickup135 1FTNF21L9YEA48779 2000 21,959.00 2010 10 30,000 10 30,000.00 30,000.00 - 0- - Street STERLING L 8500 (dump truck) 137 2FZAAWAK34AM16187 2004 95,782.84 2019 15 140,000 6 56,000.00 56,000.00 - 9 84,000.00 9,333.33 Street FORD F150 Pickup138 1FTRF1458N857852 2004 26,235.15 2014 10 30,000 6 18,000.00 18,000.00 - 4 12,000.00 3,000.00 Street BIG TOW Bobcat trailer139 4KNUB16284L161539 2004 4,024.25 2029 25 8,000 6 1,920.00 1,920.00 - 19 6,080.00 320.00 Street CHEVY Pickup 3/4 ton141 1GCGK24R9WZ270376 1998 24,682.50 2010 12 30,000 12 30,000.00 30,000.00 - 0- - Street FORD F350 Pickup142 1FDWF3657GED35714 2006 27,012.54 2016 10 36,000 4 14,400.00 14,400.00 - 6 21,600.00 3,600.00 Street SPAULDING RMV Road Saver (Hot Box) 143 T2DRS-07-0205-37 2007 19,191.30 2022 15 19,500 3 3,900.00 3,900.00 - 12 15,600.00 1,300.00 Street REDIHAUL Trailer (tilt bed)144 47SS121T881023934 2008 3,414.00 2033 25 6,000 2 480.00 480.00 - 23 5,520.00 240.00 Total Streets48,057.33 ParkFORD F250 XLT Pickup404 1FTNF20LOXEC36753199927,152.78 2010 11 32,000 11 32,000.00 32,000.00 - 0- - Park FORD F250 4X4 Pickup428 1FTNF215X5ED18387 2005 25,723.77 2015 10 36,000 5 18,000.00 18,000.00 - 5 18,000.00 3,600.00 Park JACOBSEN HR9016 mower440 70528017032006 73,297.69 2016 10 90,000 4 36,000.00 36,000.00 - 6 54,000.00 9,000.00 Park WALKER MTGHS mower441 829732006 10,079.82 2016 10 13,500 4 5,400.00 5,400.00 - 6 8,100.00 1,350.00 3 City of Mounds ViewVehicle and Equipment Replacement FundTarget ActualEstimated Age Replacement Replacement Balance NewVeh. Year Original Replace Replacement In Balance Balance Surplus Remain To Be AnnualDept. Manufacturer Model No. Vin Acq. Cost Year Life Cost 2010 as of 12/10 as of 12/10 (Deficit) Life Funded CostPark CUSHMAN Turf-Truckster442 24290532007 12,023.85 2022 15 17,000 3 3,400.00 3,400.00 - 12 13,600.00 1,133.33 Park TORO Groundmaster443 2100003482002 29,765.69 2022 20- 8- - - 12- - Park JACOBSEN Turfcat T628D444 946714023462007 18,277.22 2017 10 24,000 3 7,200.00 7,200.00 - 7 16,800.00 2,400.00 Park EXEL HUSTL 4400464 0043401995 17,296.25 NA 10- 15- - - 0- - Park AEBI TERRATRAC TT705 465 90982003 78,214.25 2013 10 90,000 7 63,000.00 63,000.00 - 3 27,000.00 9,000.00 Park AEBI TERRATRAC TT75 466 140042005 74,839.81 2015 10 78,000 5 39,000.00 39,000.00 - 5 39,000.00 7,800.00 Park READY HAUL Tandem trailer467 475F192T9P1008317 1993 4,078.00 2018 25 7,000 17 4,760.00 4,760.00 - 8 2,240.00 280.00 Park JACOBSEN 084019471 84019031441997 15,550.59 2010 13 13,000 13 13,000.00 13,000.00 - 0- - Park WALKER MC 426HS472 4095981998 6,400.00 2010 12 10,500 12 10,500.00 10,500.00 - 0- - Park HOW PRICE 180 Aeriator477 HP-688-EC1995 47,496.87 NA 15- 15- - - 0- - Park TORO 328D Groundmaster 478 2200002342002 19,964.49 2022 20- 8- - - 12- - Park US CARGO Cargo trailer479 4X4UTS2103W012414 2003 2,923.00 2028 25 4,200 7 1,176.00 1,176.00 - 18 3,024.00 168.00 Park FORD Sterling/Precision480 2FZACHDC66AV96438 2005 126,221.86 2020 15 130,000 5 43,333.33 43,333.33 - 10 86,666.67 8,666.67 Park FORDF350 Pickup4811FDWF35586ED96586 2006 21,678.60 2016 10 24,000 4 9,600.00 9,600.00 - 6 14,400.00 2,400.00 Total Parks45,798.00 Total General Fund175,340.33 Storm STERLING SC-8000/ElginCrosswind 140 49HAADBV06DV11077 2005 126,082.37 2020 15 170,000 5 56,666.67 56,666.67 - 10 113,333.33 11,333.33 Storm CHEVY 3500 Flatbed122 1GCGK34K0JE197911 1988 12,463.75 2010 22 34,000 22 34,000.00 34,000.00 - 0- - Storm Water Fund Total:11,333.33 Water Interstate PoweGeneratorOrdered2008 83,125.61 2033 25 133,000 2 10,640.00 10,640.00 - 23 122,360.00 5,320.00 Water Water tower (fluted column) 500,000 gallon 1991 987,998.00 2011 20 800,000 19 760,000.00 288,973.00 (471,027.00) 1 511,027.00 511,027.00 Water GMC 2500 702 1GCGC24K6NE183394 1992 23,660.48 NA 0 - 18 - - - -18- - Water CAT446B Backhoe703 05BL006721995 88,281.05 2015 20 128,000 15 96,000.00 96,000.00 - 5 32,000.00 6,400.00 Water FORD 4X2 3/4 ton704 1FTNX20L93EA38826 2003 22,421.41 2013 10 28,000 7 19,600.00 19,600.00 - 3 8,400.00 2,800.00 Water ONAN Booster Station (generator) 705 J91043128819902011 21 125,000 20 119,047.62 119,047.62 - 1 5,952.38 5,952.38 Water FORD 4X2 3/4 Ton Pickup 706 1FTNF20L32EC81193 2002 25,761.85 2012 10 30,000 8 24,000.00 24,000.00 - 2 6,000.00 3,000.00 Water BOBCAT Hydraulic Frost Breaker 707 A00Y023172007 5,888.39 2022 15 6,000 3 1,200.00 1,200.00 - 12 4,800.00 400.00 Water Fund Total:534,499.38 Sewer FORD LT-8000 Vactor732 1FDZU82E2PVA40009 1993 235,716.85 2010 17 350,000 17 350,000.00 350,000.00 - 0- - Sewer FORD F250 4X2734 1FTNF20L11EA62781 2001 35,500.30 2011 10 30,000 9 27,000.00 27,000.00 - 1 3,000.00 3,000.00 Sewer FORD E350 Televising 735 1FTSS34P44HB43679 2004 122,300.49 2018 15 140,000 6 56,000.00 56,000.00 - 9 84,000.00 9,333.33 Sewer Fund Total:12,333.33 3,431,763.923,918,300 2,608,417.95 2,137,390.95 (471,027.00) 1,780,909.05 733,506.38 4 THIS PAGE LEFT BLANK INTENTIONALLY CITY OF MOUNDS VIEWPAVEMENT MANAGEMENT PROGRAM - FINANCIAL ANALYSIS(A)TotalTotalEstimatedEstimatedUse ofExistingEstimatedEstimatedMSACost to FundMSAFranchiseWaterSanitaryStorm WaterNewPropertyFundYearLocationLength(ft) Length(miles) Length(ft) ReconstructBalanceFundingFeeUtility Sewer UtilityTIFLevyTax LevyBalance2009A26,609 5.0 7,164 4,343,745 (1,838,805) 1,349,531 240,000 90,000 150,000 40,000 4,313,019 - - 7,411,268 2010B&C21,775 4.1 2,632 4,347,814 2,477,814 365,000 240,000 100,000 160,000 40,000 665,000 300,000 - 5,118,735 2011D12,294 2.3 2,650 2,454,743 (1,223,000) 383,000 240,000 100,000 160,000 40,000 2,454,743 300,000 - 6,495,298 2012E20,883 4.0 2,624 4,169,709 1,429,709 400,000 240,000 100,000 160,000 40,000 1,400,000 400,000 - 5,260,448 2013F15,827 3.0 3,822 3,160,177 805,177 415,000 240,000 100,000 160,000 40,000 1,000,000 400,000 - 4,613,084 2014G&H22,102 4.2 8,323 4,413,106 2,550,106 423,000 240,000 100,000 160,000 40,000 - 900,000 - 2,201,370 2015I17,461 3.3 2,774 3,486,438 1,427,438 429,000 240,000 100,000 160,000 40,000 - 900,000 190,000 839,974 2016- - - - (240,000) 240,000 - 1,105,173 2017- (240,000) 240,000 - 1,378,328 2018- - - - (240,000) 240,000 - 1,659,678 Totals136,951 25.9 29,989 27,249,826 5,398,990 3,764,531 2,683,543 720,000 1,170,000 290,000 9,832,762 3,200,000190,000 Cost per linear Foot:2003156.71$ 2005172.18 23-Apr-102007/08199.67 2009/10A - includes interest @ 2.5 % for 2009, 2010 and 3% thereafter.5 CAPITAL IMPROVEMENT PROGRAM CITY OF MOUNDS VIEW, MINNESOTA Year Improvement Total Cost Utility Funds Franchise City Bonds Special Projects Fund Park Dedication Fund 2010 City Hall Electrical Modifications for Emergency Power $ 50,000 $ 50,000 2010 Groveland & Hillview Park Drainage & Irrigation Improvements 25,000 25,000 2010 New Lambert Park Building (Preconstruction) 30,000 15,000 15,000 2010 Park Improvement Program (CH Playground Media Imp.) 25,000 25,000 2010 Trailway Development Program 104,000 104,000 2010 Trailway Maintenance Program 40,000 40,000 2010 Public Works Facility Environmental Improvements 60,000 60,000 2010 Booster Station Building Exterior Brick Wall Tuckpointing 40,000 40,000 2010 Booster Station Building Roof Repair 8,500 8,500 2010 Reservoir Building Exterior Brick Wall Tuckpointing & Repairs 100,000 100,000 2010 Reservoir Building Landscaping Improvements 2,500 2,500 2010 Reservoir Building Roof Repair 60,000 60,000 2010 Slip Lining Improvements 100,000 100,000 2010 Groveland Wastewater Lift Station Wet Well Rehabilitation 27,500 27,500 2010 Stormwater Management Improvements - Subdistrict EW-4 25,000 25,000 2010 Stormwater Management Improvements - Subdistrict SC-1 3,000 3,000 2010 Stormwater Management Improvements - Subdistrict SC-3 20,000 20,000 2010 Street and Utility Improvement Program (Area B/C) 3,593,129 300,000 240,000 2010 Street and Utility Improvement Program (Area D pre const.) 368,211 - 2010 CR 10 / CR H Intersection Improvements (Preconstruction) 100,000 2010 Street Sweeping Disposal 10,000 10,000 2010 Well No. 1 & No. 2 Pump Rehabilitation 60,000 60,000 2010 Well No. 2 Building Exterior Improvements 9,000 9,000 2010 Well No. 2 Motor replacement 100,000 100,000 2010 WTP No. 1 Exterior Wall Repainting 5,500 5,500 2010 WTP No. 1/Well No. 5 Building Gutter Downspout Replacement 1,500 1,500 2010 WTP No. 1/Well No. 5 Building Interior Panel Repairs 3,700 3,700 2010 WTP No. 3 Building Interior Panel Repairs 3,000 3,000 Totals $ 4,974,540 $ 879,200 $ 240,000 $ - $ 269,000 $ 65,000 2011 City Hall Irrigation System 13,000 13,000 2011 City Hall Landscaping 18,000 18,000 2011 City Hall and Community Center Roof Replacement 100,000 100,000 2011 GPS Equipment Procurement (for Utility Locates) & Mapping 10,000 10,000 2011 CR 10 / CR H Intersection Improvements (Construction) 1,500,000 2011 Mustang Drive Improvements (Pavement & Stormwater) 400,000 50,000 2011 Street and Utility Improvement Program (Area D) 2,437,974 300,000 240,000 2011 Street and Utility Improvement Program (Area E)(pre const.) 625,456 2011 Edgewood Drive Concrete Boulevard Improvements 30,000 30,000 2011 Fire Truck Procurement (2 Trucks) 250,000 250,000 2011 New Lambert Park Building (Construction) 260,000 260,000 2011 Park Improvement Program 25,000 25,000 2011 Water Tower Rehabilitation 800,000 800,000 2011 Portable Emergency Generator Procurement 100,000 60,000 40,000 2011 Slip Lining Improvements 100,000 100,000 2011 Traffic Counter System Procurement 7,000 2011 Trailway Development Program 104,000 104,000 2011 Trailway Maintenance Program 20,000 20,000 Totals $ 6,800,430 $ 1,320,000 $ 240,000 $ 250,000 $ 325,000 $ 285,000 6 MSAS Street Improvement Fund Federal Funds DNR Trail Grants City TIF Mn/DOT Co-Op Agreement Ramsey County CSAH CR 10 Turnback Funds Tax Levy Unfunded 365,000 2,091,340 296,789 300,000 368,211 100,000 $ 365,000 $ 2,091,340 $ - $ - $ 765,000 $ - $ - $ - $ 300,000 $ - 630,000 375,000 300,000 70,000 125,000 262,500 87,500 383,000 (614,313) 1,829,287 300,000 625,456 7,000 $ 383,000 $ (351,813) $ 630,000 $ - $ 2,829,743 $ 300,000 $ 70,000 $ 125,000 $ 300,000 $ 94,500 7 CAPITAL IMPROVEMENT PROGRAM CITY OF MOUNDS VIEW, MINNESOTA Year Improvement Total Cost Utility Funds Franchise City Bonds Special Projects Fund Park Dedication Fund 2012 CR 10 / Woodale Dr Intersection Improvements $ 400,000 2012 Street and Utility Improvement Program (Area E) 3,944,253 300,000 240,000 2012 Street and Utility Improvement Program (Area F)(pre const.) 474,027 2012 Community Center Energy Improvements 65,000 65,000 2012 Community Center Parking Lot Improvements 30,000 30,000 2012 Police Department Parking Lot Improvements 50,000 2012 Park Improvement Program 25,000 25,000 2012 Trailway Development Program 104,000 104,000 2012 Trailway Maintenance Program 20,000 20,000 2012 Well No. 3 & No. 5 Pump Rehabilitation 60,000 60,000 Totals $ 5,172,280 $ 360,000 $ 240,000 $ - $ 219,000 $ 25,000 2013 CR 10 / CR I Intersection Improvements $ 500,000 2013 CR 10 / Silver Lake Rd Intersection Improvements 400,000 2013 Street and Utility Improvement Program (Area F) 2,686,150 300,000 240,000 2013 Street and Utility Improvement Program (Area G/H)(pre const.) 441,311 2013 Park Improvement Program 25,000 25,000 2013 Parking Lot Rehabilitation at Greenfield Park 50,000 50,000 2013 Stormwater Management Improvements - Subdistrict NW-1 22,500 22,500 2013 CR 10 Trail - Segment 11 150,000 2013 CR 10 Trail - Segment 6 600,000 2013 Trailway Development Program 104,000 104,000 2013 Trailway Maintenance Program 20,000 20,000 Totals $ 4,998,961 $ 322,500 $ 240,000 $ - $ 124,000 $ 75,000 2014 City Hall Monument Sign $ 12,000 $ 12,000 2014 CR 10 / CR H2 Intersection Improvements 500,000 2014 CR 10 / Groveland Rd. Intersection Improvements 250,000 2014 Street and Utility Improvement Program (Area G/H) 3,971,795 300,000 240,000 2014 Street and Utility Improvement Program (Area I)(pre const.) 348,644 2014 Street Pavement Management - Mill/Overlay 350,000 2014 Street Pavement Management - Seal Coat 350,000 2014 CR 10 / Spring Lake Road Intersection 250,000 2014 CR 10 Gateway Entry Features (NW End) 165,000 2014 CR 10 Gateway Entry Features (SE End) 300,000 2014 CR 10 Gateway Features 105,600 2014 Exterior Shell Improvements for Random Park Building 20,000 20,000 2014 Irrigation System Construction at Random Park 15,000 15,000 2014 Park Improvement Program 25,000 25,000 2014 Stormwater Management Improvements - Subdistrict GF-5 15,000 15,000 2014 CR 10 Trail - Segment 7 307,000 2014 CR 10 Trail - Segment 8 284,100 2014 Trailway Development Program 104,000 104,000 2014 Trailway Maintenance Program 20,000 20,000 Totals $ 7,393,139 $ 315,000 $ 240,000 $ - $ 136,000 $ 60,000 8 MSAS Street Improvement Fund Federal Funds DNR Trail Grants City TIF Mn/DOT Co-Op Agreement Ramsey County CSAH CR 10 Turnback Funds Tax Levy Unfunded $ 113,000 $ 287,000 400,000 1,678,280 925,973 400,000 474,027 50,000 $ 400,000 $ 1,678,280 $ - $ - $ 1,400,000 $ - $ - $ 113,000 $ 400,000 $ 337,000 $ 113,000 $ 387,000 120,000 12,000 268,000 291,000 995,460 459,690 400,000 441,311 150,000 50,000 200,000 350,000 $ 291,000 $ 995,460 $ - $ 50,000 $ 1,251,001 $ - $ 120,000 $ 125,000 $ 400,000 $ 1,005,000 113,000 387,000 250,000 291,000 2,240,795 900,000 348,644 350,000 350,000 250,000 - 165,000 300,000 105,600 150,000 - 157,000 150,000 - 134,100 $ 291,000 $ 3,289,439 $ 300,000 $ - $ - $ - $ - $ 113,000 $ 900,000 $ 1,748,700 9 CAPITAL IMPROVEMENT PROGRAM CITY OF MOUNDS VIEW, MINNESOTA Year Improvement Total Cost Utility Funds Franchise City Bonds Special Projects Fund Park Dedication Fund 2015 CR 10 / Edgewood Intersection Improvements $ 250,000 2015 CR 10 / Long Lake Rd Intersection Improvements 600,000 2015 Street and Utility Improvement Program (Area I) 3,137,794 300,000 240,000 2015 Park Improvement Program 25,000 25,000 2015 Trailway Maintenance Program 20,000 20,000 2015 Stormwater Management Improvements - Subdistrict AA-4 3,000 3,000 2015 Stormwater Management Improvements - Subdistrict AA-5 511,000 511,000 2015 Reservoir Building New Built-up Roof System 160,000 160,000 2015 Well No. 6 Pump Rehabilitation 30,000 30,000 2015 WTP No. 1 ADA Compliant Restrooms Improvements 6,500 6,500 2015 WTP No. 1 Building Roof Replacement 37,500 37,500 2015 WTP No. 1/Well No. 5 Building Exterior Brick Wall Tuckpointing 35,000 35,000 2015 WTP No. 3 Building Exterior Brick Wall Tuckpointing 35,000 35,000 Totals $ 4,850,794 $ 1,118,000 $ 240,000 $ - $ 20,000 $ 25,000 2016 Park Improvement Program $ 25,000 $ 25,000 2016 CR 10 Gateway Features 316,000 2016 CR 10 Median Enhancements 350,000 2016 Stormwater Management Improvements - Subdistrict AA-3 5,000 5,000 2016 Street Pavement Management - Seal Coat (Area A) 100,000 2016 Trailway Maintenance Program 20,000 20,000 Totals $ 816,000 $ 5,000 $ - $ - $ 20,000 $ 25,000 2017 Municipal Impound Lot $ 30,000 2017 New Public Works Facility (Preconstruction) 150,000 150,000 2017 Park Improvement Program 25,000 25,000 2017 Stormwater Management Improvements - Subdistrict GF-6 21,000 21,000 2017 Street Pavement Management - Seal Coat (Area B/C) 85,000 2017 Trailway Maintenance Program 20,000 20,000 Totals $ 331,000 $ 21,000 $ - $ 150,000 $ 20,000 $ 25,000 2018 New Public Works Facility (Construction) $ 2,850,000 $ 2,850,000 2018 Stormwater Maintenance Program 60,000 60,000 2018 Stormwater Management Improvements - Subdistrict EW-2/3 25,000 25,000 2018 Street Pavement Management - Seal Coat (Area D) 50,000 2018 Wastewater Collection Maintenance Program 60,000 60,000 2018 Water Maintenance Program 180,000 180,000 Totals $ 3,225,000 $ 325,000 $ - $ 2,850,000 $ - $ - Grand Total $ 38,562,144 $ 4,665,700 $ 1,440,000 $ 3,250,000 $ 1,133,000 $ 585,000 10 MSAS Street Improvement Fund Federal Funds DNR Trail Grants City TIF Mn/DOT Co-Op Agreement Ramsey County CSAH CR 10 Turnback Funds Tax Levy Unfunded $ 250,000 108,000 12,000 480,000 291,000 1,216,794 1,090,000 $ 291,000 $ 1,216,794 $ - $ - $ - $ - $ 108,000 $ 12,000 $ 1,090,000 $ 730,000 - 316,000 - 350,000 100,000 $ - $ 100,000 $ - $ - $ - $ - $ - $ - $ - $ 666,000 $ 30,000 85,000 $ - $ 85,000 $ - $ - $ - $ - $ - $ - $ - $ 30,000 50,000 $ - $ 50,000 $ - $ - $ - $ - $ - $ - $ - $ - $ 2,021,000 $ 9,154,500 $ 930,000 $ 50,000 $ 6,245,744 $ 300,000 $ 298,000 $ 488,000 $ 3,390,000 $ 4,611,200 11 City of Mounds View Capital Improvement Plan 2011 thru 2015 Impact on Capital Projects Funds' Cash Balances Special Street Park Community Projects Improvement Dedication Fund Total Cash balance, Dec. 31, 2009 1,339,863$ 5,254,515$ 910,226$ 2,689,312$ 10,193,916$ 2010 Revenues: Taxes 540,000 540,000 Tax increment 765,000 765,000 Special assessments - Intergovernmental: State 365,000 365,000 Federal - County - Miscellaneous: Investment income 30,000 72,500 20,000 60,688 183,188 Developer payments 6,000 6,000 Operating transfer in 300,000 300,000 Total revenue 30,000 2,042,500 26,000 60,688 2,159,188 Available Resources 1,369,863 7,297,015 936,226 2,750,000 12,353,104 2010 Expenditures: General government 449,000 449,000 Government buildings - Streets and highways 1,311,340 2,750,000 4,061,340 Sidewalks & trails - Parks & recreation 65,000 65,000 Operating transfers out 90,000 90,000 Total expenditures 539,000 1,311,340 65,000 2,750,000 4,665,340 Surplus of revenues over (under) expenditures (509,000) 731,160 (39,000) (2,689,312) (2,506,152) Cash balance, Dec. 31, 2010 830,863$ 5,985,675$ 871,226$ -$ 7,687,764$ 12 City of Mounds View Capital Improvement Plan 2011 thru 2015 Impact on Capital Projects Funds' Cash Balances Special Street Park Community Projects Improvement Dedication Fund Total Cash balance, Dec. 31, 2010 830,863$ 5,985,675$ 871,226$ -$ 7,687,764$ 2011 Revenues: Taxes 540,000 540,000 Tax increment 2,829,743 2,829,743 Special assessments 8,750 8,750 Intergovernmental: State 683,000 683,000 Federal 630,000 630,000 County 195,000 195,000 Miscellaneous: Investment income 24,926 179,570 26,137 230,633 Developer payments 6,000 6,000 Proceeds from bond sale 250,000 250,000 Operating transfer in 300,000 300,000 Total revenue 274,926 5,366,063 32,137 - 5,673,126 Available Resources 1,105,789 11,351,738 903,363 - 13,360,890 2011 Expenditures: Government buildings 131,000 131,000 Public Safety 250,000 250,000 Streets and highways 40,000 4,963,430 5,003,430 Sidewalks & trails 124,000 124,000 Parks & recreation 30,000 285,000 315,000 Operating transfers out 90,000 90,000 Total expenditures 665,000 4,963,430 285,000 - 5,913,430 Surplus of revenues over (under) expenditures (390,074) 402,633 (252,863) - (240,304) Cash balance, Dec. 31, 2011 440,789$ 6,388,308$ 618,363$ -$ 7,447,460$ 13 City of Mounds View Capital Improvement Plan 2011 thru 2015 Impact on Capital Projects Funds' Cash Balances Special Street Park Community Projects Improvement Dedication Fund Total Cash balance, Dec. 31, 2011 440,789$ 6,388,308$ 618,363$ -$ 7,447,460$ 2012 Revenues: Taxes 640,000 640,000 Tax increment 1,400,000 1,400,000 Special assessments 8,750 8,750 Intergovernmental: State 400,000 400,000 Federal - County 113,000 113,000 Miscellaneous: Investment income 13,224 191,649 18,551 - 223,424 Developer payments 6,000 6,000 Proceeds from bond sale 337,000 337,000 Operating transfer in 300,000 300,000 Total revenue 13,224 3,390,399 24,551 - 3,428,174 Available Resources 454,013 9,778,707 642,914 - 10,875,634 2012 Expenditures: Government buildings - Public safety - Streets and highways 4,818,280 4,818,280 Sidewalks & trails 124,000 124,000 Parks & recreation 95,000 25,000 120,000 Operating transfers out - Total expenditures 219,000 4,818,280 25,000 - 5,062,280 Surplus of revenues over (under) expenditures (205,776) (1,427,881) (449) - (1,634,106) Cash balance, Dec. 31, 2012 235,013$ 4,960,427$ 617,914$ -$ 5,813,354$ 14 City of Mounds View Capital Improvement Plan 2011 thru 2015 Impact on Capital Projects Funds' Cash Balances Special Street Park Community Projects Improvement Dedication Fund Total Cash balance, Dec. 31, 2012 235,013$ 4,960,427$ 617,914$ -$ 5,813,354$ 2013 Revenues: Taxes 640,000 640,000 Tax increment 1,100,000 1,100,000 Special assessments 8,750 8,750 Intergovernmental: State 415,000 415,000 Federal 640,000 640,000 County 245,000 245,000 Miscellaneous: Investment income 7,050 148,813 18,537 - 174,401 Developer payments 6,000 6,000 Proceeds from bond sale 1,005,000 1,005,000 Operating transfer in 300,000 Total revenue 7,050 4,502,563 24,537 - 4,234,151 Available Resources 242,063 9,462,990 642,451 - 10,047,504 2013 Expenditures: Government buildings - Public safety - Streets and highways 4,248,116 4,248,116 Sidewalks & trails 124,000 750,000 874,000 Parks & recreation 75,000 75,000 Operating transfers out - Total expenditures 124,000 4,998,116 75,000 - 5,197,116 Surplus of revenues over (under) expenditures (116,950) (495,553) (50,463) - (962,965) Cash balance, Dec. 31, 2013 118,063$ 4,464,874$ 567,451$ -$ 4,850,388$ 15 City of Mounds View Capital Improvement Plan 2011 thru 2015 Impact on Capital Projects Funds' Cash Balances Special Street Park Community Projects Improvement Dedication Fund Total Cash balance, Dec. 31, 2013 118,063$ 4,464,874$ 567,451$ -$ 4,850,388$ 2014 Revenues: Taxes 1,330,000 1,330,000 Tax increment - Special assessments 8,750 8,750 Intergovernmental: State 423,000 423,000 Federal 300,000 300,000 County 113,000 113,000 Miscellaneous: Investment income 3,542 133,946 17,024 - 154,512 Developer payments 6,000 6,000 Proceeds from bond sale 1,748,700 1,748,700 Operating transfer in 300,000 300,000 Total revenue 3,542 4,357,396 23,024 - 4,383,962 Available Resources 121,605 8,822,271 590,475 - 9,234,350 2014 Expenditures: Government buildings 12,000 12,000 Public safety - Streets and highways 6,591,039 6,591,039 Sidewalks & trails 109,605 591,000 700,605 Parks & recreation 60,000 60,000 Operating transfers out - Total expenditures 121,605 7,182,039 60,000 - 7,363,644 Surplus of revenues over (under) expenditures (118,063) (2,824,643) (36,976) - (2,979,682) Cash balance, Dec. 31, 2014 (0)$ 1,640,232$ 530,475$ -$ 1,870,706$ 16 City of Mounds View Capital Improvement Plan 2011 thru 2015 Impact on Capital Projects Funds' Cash Balances Special Street Park Community Projects Improvement Dedication Fund Total Cash balance, Dec. 31, 2014 -$ 1,640,232$ 530,475$ -$ 1,870,706$ 2015 Revenues: Taxes 1,330,000 1,330,000 Tax increment - Special assessments 8,750 8,750 Intergovernmental: State 429,000 429,000 Federal - County 120,000 120,000 Miscellaneous: Investment income - 49,207 15,914 - 65,121 Developer payments 6,000 6,000 Proceeds from bond sale 730,000 730,000 Operating transfer in 300,000 300,000 Total revenue - 2,966,957 21,914 - 2,988,871 Available Resources - 4,607,188 552,389 - 4,859,577 2015 Expenditures: Government buildings - Public safety - Streets and highways 3,987,794 3,987,794 Sidewalks & trails - Parks & recreation 25,000 25,000 Operating transfers out - Total expenditures - 3,987,794 25,000 - 4,012,794 Surplus of revenues over (under) expenditures - (1,020,837) (3,086) - (1,023,923) Cash balance, Dec. 31, 2015 -$ 619,394$ 527,389$ -$ 846,783$ 17 City of Mounds ViewWater Utility 2010 Rate Study4.95% 3.00% 3.00% 3.00% 3.00%ActualActualActual Budget Projected Projected Projected Projected Projected2007 2008 2009 2010 2011 2012 2013 2014 2015ExpensesPersonnel services 284,860$ 272,944$ 280,284$ 298,647$ 300,140$ 309,144$ 318,419$ 327,971$ 337,810$ Supplies & materials 40,308 54,186 56,103 61,711 62,328 64,198 66,124 68,108 70,151 Contractual services 173,169 153,371 180,996 205,617 207,673 213,903 220,320 226,930 233,738 Water service line repairs 39,935 55,824 41,271 50,000 50,000 51,500 53,045 54,636 56,275 Depreciation 208,320 209,839 230,375 215,000 228,000 230,000 240,000 245,000 245,000 Debt service - interest 42,349 37,431 30,919 28,195 21,475 14,380 6,725 - - Transfers to other funds 76,422 108,115 169,859 181,655 223,505 225,410 227,372 229,393 231,475 Contingency - - - 15,000 15,000 15,000 15,000 15,000 15,000 Total Expenses865,363 891,710 989,807 1,055,825 1,108,122 1,123,536 1,147,005 1,167,038 1,189,450 Revenues6.25% 2.94% 2.86% 2.78% 0.00%Metered water sales 710,279 734,709 764,101 787,052 841,235 865,978 890,720 915,462 915,462 Meter charge44,305 1,859 2,451 - - - - - - Water tower space rental55,480 60,390 62,832 59,197 67,959 70,677 73,504 76,445 79,502 Water service line repair fee47,310 47,587 50,547 51,500 51,500 51,500 51,500 51,500 51,500 Investment income107,137 72,980 33,770 31,250 22,181 14,822 9,955 6,719 10,668 Miscellaneous revenues4,906 5,964 5,288 3,250 3,250 3,348 3,448 3,551 3,658 Capital contributions- - 42,475 - - - - - - Transfers from vehicle fund- - - - 389,000 30,000 28,000 - - Total Revenues969,417 923,489 961,464 932,249 1,375,126 1,036,324 1,057,128 1,053,677 1,060,791 Net Income104,054 31,779 (28,343) (123,576) 267,004 (87,211) (89,877) (113,361) (128,659) Net assets - begining of year4,467,968 4,572,022 4,603,801 4,575,458 4,451,882 4,718,886 4,631,675 4,541,797 4,428,436 Net assets - end of year4,572,022$ 4,603,801$ 4,575,458$ 4,451,882$ 4,718,886$ 4,631,675$ 4,541,797$ 4,428,436$ 4,299,777$ Cash flowsDeduct:Capital outlays - equipment 28,644$ 341,323$ 47,836$ 13,000$ 100,000$ 30,000$ 28,000$ -$ -$ Construction - 17,530 - 393,700 800,000 60,000 - - 144,000 Debt service - principal 185,000 190,000 200,000 205,000 210,000 215,000 230,000 - - Add back:Depreciation208,320 209,839 230,375 215,000 228,000 230,000 240,000 245,000 245,000 Change in receivables/payables15,473 (7,378) (12,227) - - - - - - Cash - Beginning of Year1,887,772 2,001,975 1,687,362 1,629,331 1,109,055 494,059 331,848 223,971 355,609 Cash - End of Year2,001,975$ 1,687,362$ 1,629,331$ 1,109,055$ 494,059$ 331,848$ 223,971$ 355,609$ 327,950$ ResidentialWater rate 1st 15,000 gallons used 1.50$ 1.55$ 1.60$ 1.60$ 1.70$ 1.75$ 1.80$ 1.85$ 1.85$ Water rate 2nd 15,000 gallons used 1.76 1.87 1.93 1.98 2.04 2.04 Water rate over 30,000 gallons used 2.02 2.15 2.21 2.28 2.34 2.34 Residential annual based on 20,000 gal. per quarter 120.00 124.00 128.00 131.20 139.40 143.50 147.60 151.70 151.70 18 City of Mounds ViewSewer Utility 2010 Rate Study1.96% 3%3%3%3%ActualActualActual Budget Projected Projected Projected Projected Projected2007 2008 2009 2010 2011 2012 2013 2014 2015ExpensePersonnel services 237,048$ 219,075$ 248,314$ 278,963$ 280,358$ 288,769$ 297,432$ 306,355$ 315,545$ Supplies & materials 19,793 13,126 15,421 21,463 22,107 22,770 23,453 24,157 24,881 Contractual services 62,738 96,484 62,134 252,371 259,942 67,895 69,932 72,030 74,191 MCES disposal charges 637,078 696,031 733,120 776,845 800,150 824,155 848,880 874,346 900,576 Depreciation 153,063 153,931 157,989 165,000 165,000 165,000 165,000 165,000 165,000 Transfers to other funds 80,688 142,030 233,411 244,833 246,297 247,806 249,360 250,962 252,611 Contingency- - - 15,000 15,000 15,000 15,000 15,000 15,000 Total Expenses1,190,408 1,320,677 1,450,389 1,754,475 1,788,854 1,631,395 1,669,056 1,707,849 1,747,805 Revenues6.00% 6.00% 6.00% 6.00% 6.00%Sanitary sewer service 1,038,677 1,113,907 1,150,058 1,138,145 1,209,106 1,281,652 1,358,551 1,440,064 1,526,468 Contractual wastewater30,391 12,891 74 - - - - - - Service availability charges (3,251) 7,405 (15,480) 4,000 4,000 4,120 4,120 4,120 4,120 Investment income 187,916 149,549 77,662 72,500 75,778 80,893 77,911 76,016 75,346 Miscellaneous revenues 579 1,789 2,125 300 300 309 318 328 338 Capital contributions - - 42,475 - - - - - - Transfers from vehicle fund - - - - 380,000 - - - - Total Revenues1,254,312 1,285,541 1,256,914 1,214,945 1,669,183 1,366,974 1,440,900 1,520,528 1,606,272 Net Income63,904 (35,136) (193,475) (539,530) (119,671) (264,420) (228,156) (187,321) (141,533) Net assets - beginning of year5,685,273 5,749,177 5,714,041 5,714,041 5,174,511 5,054,840 4,790,420 4,562,264 4,374,943 Net assets - end of year5,749,177 5,714,041 5,520,566 5,174,511 5,054,840 4,790,420 4,562,264 4,374,943 4,233,410 Cash FlowsNet Income63,904 (35,136) (193,475) (539,530) (119,671) (264,420) (228,156) (187,321) (141,533) Deduct:Capital outlays - equipment (37,455) (4,758) (42,475) (25,000) (380,000) - - - - Construction - - - - - - - - - Add back:Depreciation 153,063 153,931 157,989 165,000 165,000 165,000 165,000 165,000 165,000 Change in receivables/payables27,514 (48,527) (74,456) - - - - - - Cash - Beginning of Year3,158,110 3,365,136 3,430,646 3,430,646 3,031,116 2,696,445 2,597,025 2,533,869 2,511,548 Cash - End of Year3,365,136$ 3,430,646$ 3,278,229$ 3,031,116$ 2,696,445$ 2,597,025$ 2,533,869$ 2,511,548$ 2,535,015$ Residential equivalent connection rate47.00$ 53.00$ 54.06$ 55.14$ 58.45$ 61.96$ 65.67$ 69.61$ 73.79$ Residential fixed rate21.58 21.58 22.01 22.45 23.80 25.23 26.74 28.34 30.04 Residential variable rate1.72 1.72 1.75 1.79 1.90 2.01 2.13 2.26 2.39 Annual based on 20,000 gal. per quarter223.92 223.92 228.04 232.96 246.94 261.76 277.46 294.11 311.75 MCES Rate increase -0.20% 9.25% 5.33% 5.96% 3.00% 3.00% 3.00% 3.00% 3.00% 19 City of Mounds ViewStorm Water Utility 2010 Rate Study0.15% 3%3%3%3%ActualActualActual Budget Projected Projected Projected Projected Projected2007 2008 2009 2010 2011 2012 2013 2014 2015ExpensesPersonnel services 78,929 85,715 85,800 84,475 84,897 87,444 90,068 92,770 95,553 Supplies & materials 2,827 9,905 9,929 12,876 12,876 13,262 13,660 14,070 14,492 Contractual services 24,200 69,456 23,761 92,993 92,993 95,783 98,656 101,616 104,664 Depreciation 34,337 31,878 31,878 35,000 35,000 36,000 37,000 38,000 39,000 Transfers to other funds 6,000 16,000 46,000 56,000 56,000 56,000 56,000 56,000 56,000 Total Expenses146,293 212,954 197,368 281,344 281,766 288,489 295,384 302,456 309,709 Revenues0% 0% 0% 0% 0%Storm water service fee 208,411 224,391 243,342 250,718 250,718 250,718 250,718 250,718 250,718 Investment income 67,448 57,985 33,176 25,000 28,472 42,181 43,394 43,791 44,242 Transfers from vehicle fund - - - - 34,000 - - - - Total Revenues275,859 282,376 276,518 275,718 313,190 292,899 294,112 294,509 294,960 Net Income129,566 69,422 79,150 (5,626) 31,424 4,410 (1,272) (7,947) (14,749) Net assets - beginning of year2,513,042 2,642,608 2,712,030 2,712,030 2,706,404 2,737,828 2,742,238 2,740,966 2,733,019 Net assets - end of year2,642,608 2,712,030 2,791,180 2,706,404 2,737,828 2,742,238 2,740,966 2,733,019 2,718,270 Cash Flows Net Income129,566$ 69,422$ 79,150$ (5,626)$ 31,424$ 4,410$ (1,272)$ (7,947)$ (14,749)$ Deduct:Capital outlays - equipment - - (2,046) - (34,000) - - - - Construction - - - (48,000) (50,000) - (22,500) (15,000) (514,000) Add back:Depreciation 34,337 31,878 31,878 35,000 35,000 36,000 37,000 38,000 39,000 Change in receivables/payables2,575 6,167 (5,865) - - - - - - Cash - begining of Year1,065,187 1,231,665 1,339,132 1,442,249 1,423,623 1,406,047 1,446,457 1,459,685 1,474,738 Cash - end of year1,231,665$ 1,339,132$ 1,442,249$ 1,423,623$ 1,406,047$ 1,446,457$ 1,459,685$ 1,474,738$ 984,989$ Quarterly residential service fee7.50$ 8.25$ 9.00$ 10.00$ 10.00$ 10.00$ 10.00$ 10.00$ 10.00$ Annual fee30.00 33.00 36.00 40.00 40.00 40.00 40.00 40.00 40.00 20 City of Mounds ViewStreet Light Utility 2010 Rate Study2.88% 3%3%3%3%ActualActualActual Budget Projected Projected Projected Projected Projected2007 2008 2009 2010 2011 2012 2013 2014 2015ExpensesPersonnel services 3,254$ 3,473$ 3,654$ 3,633$ 3,651$ 3,761$ 3,874$ 3,990$ 4,109$ Contractual services 63,982 66,862 76,045 69,600 71,688 73,839 76,054 78,335 80,685 Transfer to other funds 2,000 2,060 2,122 2,186 2,252 2,319 2,389 2,460 2,534 Total Expenses69,236 72,395 81,821 75,419 77,591 79,918 82,316 84,786 87,329 Revenues0% 0% 7.69% 0% 0%Street light service fee 75,619 77,865 77,208 74,000 74,698 74,698 80,444 80,444 80,444 Investment income 7,399 6,222 3,318 2,000 2,889 4,333 4,307 4,380 4,381 Miscellaneous revenues - - - - - - - - - Transfers from other funds - - - - - - - - - Total Revenues83,018 84,087 80,526 76,000 77,587 79,031 84,751 84,824 84,825 Net Income 13,782 11,692 (1,295) 581 (4) (887) 2,434 38 (2,504) Net assets - begining of year133,761 147,543 159,235 157,940 158,521 158,517 157,630 160,065 160,103 Net assets - end of year147,543$ 159,235$ 157,940$ 158,521$ 158,517$ 157,630$ 160,065$ 160,103$ 157,598$ Cash flows Net Income13,782$ 11,692$ (1,295)$ 581$ (4)$ (887)$ 2,434$ 38$ (2,504)$ Add back:Change in receivables/payables3,614 (726) 475 - - - - - - Cash - Beginning of Year116,318 133,714 144,680 143,860 144,441 144,437 143,550 145,985 146,023 Cash - End of Year133,714$ 144,680$ 143,860$ 144,441$ 144,437$ 143,550$ 145,985$ 146,023$ 143,518$ Quarterly residential service fee3.25$ 3.25$ 3.25$ 3.25$ 3.25$ 3.25$ 3.50$ 3.50$ 3.50$ Annual fee13.00$ 13.00$ 13.00$ 13.00$ 13.00$ 13.00$ 14.00$ 14.00$ 14.00$ 21 Item No. 7.A Meeting Date: May 24, 2010 Type of Business: Council Business City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7612, Adopting a Five Year Financial Plan for 2011 thru 2015 Introduction: The City Charter, Chapter 7.05, requires that a five year financial plan be prepared annually. It must be presented at a public hearing and adopted by motion or resolution. The City Council reviewed the plan at the May 3rd work session. Notice of the public hearing was published in the Sun Focus. The components of the Five Year Financial Plan are attached for Council consideration. There are several components to the Five Year Financial Plan. These are the General Fund Multi-year Operating Budget, the Vehicle & Equipment Replacement Plan, the Capital Improvement Program, the Impact on Capital Projects Funds’ Cash Balance, and Utility Rate Studies. Staff also included the financing plan for the Street and Utility Improvement Program with acceleration of the last three projects. This five year plan should be considered a work-in-progress and a guide for Council and Staff to make longer range decisions. As new information becomes available and conditions change we can update the components to determine the longer range affect. General Fund Multi-year Operating Budget: The multi-year operating budget for the General Fund excludes any consideration of Local Government Aid for 2011 and beyond. The plan reflects a 0% increase in expenditures for 2011 and a 3% increase in expenditures for the remainder of years. A 4% levy increase is reflected for all years. The General Fund runs deficits for the five years under consideration. This indicates that there will be some difficult choices ahead. When possible staff used known amounts instead of a projection. The levy amount may be adjusted as we develop the 2011 budget and better information becomes available. This version of the budget assumes that there will be no additions to personnel or other major changes in operating expenditures. Capital Improvement Program (CIP): The Capital Improvement Program has been updated to reflect changes in the project list and is presented for your consideration. There are a number of projects that were anticipated to be funded with unobligated tax increment, but will have to have another funding source and are reflected as unfunded in the CIP. Vehicle and Equipment Replacement Plan The schedule has been updated to reflect retirements and new acquisitions. The current amounts transferred to the Vehicle and Equipment Fund from the participating funds is sufficient to maintain replacement levels. The water tower was added this year to smooth out expenses for future major maintenance which occurs about every 20 years. Impact on Capital Projects Funds’ Cash Balances: This presents the sources and uses and impacts to cash for the Capital Improvement Program on the four capital projects funds for the five year period of this report, 2011 thru 2015. Utility Rate Studies Utility rate studies are included and there are mixed results. The storm water and street light rates can be maintained at the current level. Future rate increases will depend on the cost of electricity, additional lights, (trail segments 1 – 5 and 9 &10) and future storm water projects that have been greatly reduced as a result of the use of infiltration basins. The water and sewer rates should be considered for an increase in 2011. The water rate is proposed to increase by a dime in 2011, which will add about $8 a year to the average bill based on 20,000 gallons per quarter. The sewer rate is proposed to be increased by 6% in 2011, which will add $14 a year to the average residential bill. Future increases will need to be considered until the funds stabilize. The need for an increase is generated by significant capital expenses during 2011 for the water fund (water tower maintenance) and significant increases in disposal charges by Metropolitan Council Environmental Services. Five Year Financial Plan Adoption: The Five Year Plan is a blueprint for future years and is only one possible scenario. It is intended to be changed as priorities change and more current information becomes available. Staff welcomes Council comments and direction on any desired changes. Respectfully Submitted, Mark Beer RESOLUTION NO. 7612 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ADOPTING THE FIVE YEAR FINANCIAL PLAN FOR 2011 thru 2015 WHEREAS, the City Charter, Section 7.05 subdivision 1, calls for the City Council to have prepared a five year financial plan commencing with the ensuing calendar year; and WHEREAS, the City Council and staff have reviewed the plan at a work session; and WHEREAS, the City Council shall hold a public hearing and adopt by motion or resolution the five year financial plan, with or without amendment; and WHEREAS, the five year financial plan is a work-in-progress and a guide for Council and staff to make longer range decisions but does not bind or obligate future Councils. NOW THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby adopt the Five Year Financial Plan for the period 2011 thru 2015, as attached. Adopted this 24th day of May, 2010. ___________________________ Joe Flaherty, Mayor ATTEST ___________________________ James Ericson, City Administrator (SEAL) ADOPTING THE FIVE YEAR FINANCIAL PLAN FOR 2011 thru 2015 On May 24, 2010, the Mounds View City Council adopted a five year financial plan for the years 2011 thru 2015. A copy of the plan is on file and available for public viewing at the office of the Clerk- Administrator. The plan is also posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us/finance. __________________________________ James Ericson, City Administrator Item No: 7B Meeting Date: May 24, 2010 Type of Business: Public Hearing Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing for the Introduction and First Reading of Ordinance 845, a Zoning Code Text Amendment to Add “Thrift Store” and Other Types of Businesses as Permitted Uses in the B-1 Zoning District Introduction: Dawn Huffman has applied to the City for a zoning code text amendment to add “thrift store” as a permitted use in the B-1, Neighborhood Business district. She wants the City to make this change so she may open a thrift store in the vacant space at 2408 County Road I. City staff recently noticed remodeling work occurring in the former laundromat space in the building at 2408 County Road I. (This property is zoned B-1, Neighborhood Business). After talking to the people working in this space, City staff learned that they planned to open a thrift store. After reviewing the B-1 zoning code, City staff informed this potential new business owner, along with the building owner, that the existing B-1 zoning code does not allow thrift stores. In fact, there are now only five permitted uses in the B-1 zoning district: barbershops, beauty parlors, convenience grocery stores (not supermarket type), self-service laundromats and essential services (utility or government uses). The City may allow a daycare center in the B-1 district with the approval of a conditional use permit. City staff spoke to the thrift storeowner about this situation, and she has now applied to the City for a zoning code text amendment for the B-1 zoning district. Discussion: According to the Zoning Code, the purpose of the B-1 district is as follows: The purpose of the B-1, Neighborhood Business District, is to provide for the establishment of local centers for convenient, limited office, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods for the surrounding neighborhoods and are not intended to draw customers from the entire community. Staff researched what other cities allow in zoning districts that are comparable to Mounds View’s B-1 district. All seven of the zoning codes from the other cities that staff reviewed allow several uses in their similar neighborhood business districts. In general, all of the other cities zoning codes allow service businesses such as medical clinics and offices, along with several different types of retail in their respective neighborhood or limited business district zoning districts. B-1 Zoning Code Text Amendment Page 2 Both of the B-1 zoned properties in Mounds View are very small – approximately ½ acre in size, with one building and a parking lot. The small building and lot sizes alone will limit the type of businesses that would open in these locations. As with many commercial properties in Mounds View, both of these B-1 properties are directly adjacent to residential land uses. The property at 2408 County Road I has a building that is about 4,800 square feet and has 21 parking spaces (with room for a few more). The other B-1 zoned property is at 7295 Silver Lake Road (at corner of County Road H2) and the building is about 2,200 square feet with 15 parking spaces. Neither property would probably meet the required number of parking spaces for most common land uses (see Chapter 1121.13 for parking requirements). Both of these properties are located on main roads and have access points that are capable of handling more customer traffic than currently exists. Planning Commission Action: Based upon the discussion of the Planning Commission on April 21, 2010, staff drafted a resolution that recommends an amendment to the Zoning Code that adds more permitted uses to the B-1 district. The Planning Commission unanimously approved Resolution 924-10 on May 5, 2010, recommending the addition of thrift store along with other permitted uses to the B-1 zoning district. Recommendation: Staff recommends adding more permitted uses to the B-1 Zoning District. The Council should review and discuss the list of additional uses proposed for the B-1 District. Staff has prepared Ordinance 845 that adds more uses to the B-1 Zoning District for the Council’s consideration. Sincerely, Heidi Heller - Planning Associate Attachments 1. Zoning Map 2. Aerial View 3. Ordinance 845 Zoning Map – B-1 zoned parcels 7295 Silver Lake 2408 Cty Rd I Aerial View of B-1 zoned parcels County Road I Edgewood Dr County Road H2 Silver Lake Rd ORDINANCE 845 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1112.02 OF THE MOUNDS VIEW ZONING CODE TO ADD ADDITIONAL PERMITTED USES TO THE B-1, NEIGHBORHOOD BUSINESS, ZONING DISTRICT The City of Mounds View ordains: SECTION 1: Chapter 1112.02 of the Mounds View Municipal Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: Chapter 1112.02: PERMITTED USES: The following are permitted uses in a B-1 District: Barber shops Beauty parlors Convenience grocery stores (not supermarket type) Essential services Laundromat, self-service washing and drying Thrift or second-hand store Retail business for local or neighborhood needs subject to the following limits: - The sale of dry goods, clothing, notions and variety merchandise. - The sale of books, magazines, newspapers, gifts, jewelry, music, stationery or office supplies. Dry cleaning and laundry receiving and pick-up stations (with no cleaning or pressing done on site) Florist shop Candy and ice cream stores (shall not include drive-through and/or window pick-up services) Tailor shop, dress making, clothing rental store Ordinance 845 Page 2 Professional and service business offices such as accountant, architect, broker, engineer, attorney, realtor, appraiser, finance agency, insurance agency, investment agency, travel agency, mortgage company Medical, dental, chiropractic, counseling or other health-related office or clinic Repair store that provides services for the repair of home, garden, yard and personal use appliances, tool or equipment (except for motorized vehicles or gas-powered equipment). All repair work shall be done inside the building and there shall not be any outdoor sales or storage. The City will allow uses similar to those listed above in this section if the proposed use would not create a nuisance and if the use would not be noxious or hazardous. The City Council shall review uses that are not clearly similar to those listed in this section for a determination of compatibility. SECTION 2. 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. Public Hearing, Introduction and First Reading by the Mounds View City Council on May 24, 2010. Second Reading and Adoption by the Mounds View City Council on June 14, 2010. PUBLICATION DATE: June 24, 2010 __________________________ Joe Flaherty, Mayor ATTEST: __________________________ James Ericson, Clerk-Administrator (seal) Item No: 7C Meeting Date: May 24, 2010 Type of Business: Public Hearing Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 7621, Consideration of a Conditional Use Permit for Outdoor Sales in the Parking Lot of the Wynnsong Movie Theater, 2430 Highway 10; Planning Case CU2010-002 Introduction: The applicant, Amaya Basumatary with PMY Management, is requesting city approval of a conditional use permit to have outdoor seasonal sales in the parking lot of the Wynnsong movie theater. She is proposing to have a farmers market on Saturdays in the parking lot of the movie theater at 2430 Highway 10 from June 19 until October 16 each year. This property is zoned PUD (Planned Unit Development). Discussion: Ms. Basumatary is proposing to hold a farmers market in the movie theater parking lot on Saturdays from 8:00 am until 2:00 pm. The market would run from mid-June to mid-October each year. According to the submitted site plan, the market would use about 10-12 parking spaces for vendors in the southern end of the parking lot near Moe’s restaurant. Ms. Basumatary plans to start small this year with a few vendors to see if a farmers market is successful in Mounds View. If the market is successful, she would add more vendors to this location in the future. She has organized other farmers markets and has six vendors ready to participate in Mounds View this year. The City Code limits the outside services and sales to 30 percent of the gross floor area of the building. In this case, the movie theater is a very large building so there is no problem with the small area of the parking lot that she is proposing for the market. City staff will monitor the parking situation with the market and the theater - especially if the market is successful and becomes larger. CUP Considerations: Chapter 1125 of the Zoning Code requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each of these potential adverse effects is addressed below. Relationship with the Comprehensive Plan. The Comprehensive Plan encourages existing businesses to remain in the city along with the introduction of new businesses within Mounds View when compatible with surrounding uses. The movie theater is primarily surrounded by other commercial uses (Moe’s Restaurant, strip mall with Subway, office building, and Walgreen’s across Highway 10). There is a residential neighborhood on the south side of the movie theater building, but the area where the farmers market is proposed is not directly adjacent to any residential uses. If the City Council approves the conditional use permit as requested, this CUP would be in line with the Comprehensive Plan “Regional Commercial” land use designation for the theater site. CUP- Farmers Market Report May 24, 2010 Page 2 The Location and Character of the Surrounding Area. The Wynnsong movie theater is located on the south side of Highway 10 at Edgewood Drive. The applicant is proposing to locate the market at the south end of the parking lot, closest to Highway 10 for the best visibility. There are residential properties to the south of the theater building, but they are probably not within sight of where the farmers market would be located in the parking lot. Depreciation. The proposed outdoor sales activities would operate one day a week for about four months during the year – from mid-June through mid-October. It would only be open during daylight hours so there would be no new lighting that could bother or disturb neighbors. Every summer, Merryville Farms operates a seasonal produce stand in the Mermaid parking lot, Linder’s Flower Mart is at Mounds View Square, and Robert’s Sports Bar holds a weekly flea market. Both Merryville Farms and Linder’s are open every day and have been operating in Mounds View for many years, and their outdoor seasonal sales do not appear to have had an adverse affect on surrounding properties. The Demonstrated Need for Such a Use. The applicant is proposing a farmers market as a service to the residents to be able to shop in their own community, and to have access to fresh, locally grown produce. As noted above, the outdoor sales would occur one day a week for about four months a year and only during daylight hours. City staff is unable to determine if there is a “demonstrated need” for the proposed use as the City Code requires. The nearest farmers market to Mounds View is held at the Shoreview Community Center on Tuesday evenings during the summer. If Ms. Basumatary is successful with the farmers market, that would demonstrate a need for her proposal. Summary: Staff has drafted the resolution for the conditional use permit in such a way so that the applicant would not need to appear before the Planning Commission and City Council each year. The CUP will remain in effect indefinitely as long as there are no changes to the operation and there have been no problems or reasons that would warrant the City Council to re-examine the CUP. The applicant will need to submit a letter of intent and letter of permission from the property owner to the City each year before the start of the farmers market. The Planning Commission unanimously approved Resolution 926-10 on May 19, 2010, recommending approval of the conditional use permit for a farmers market. Alternatives: As with all planning applications, the City Council may recommend approval of the request, recommend denial of the request or table taking action. In this case, staff is recommending approval of the request. If the City Council wants to recommend denial of this request, city staff would want direction from the Council to draft a resolution of denial with findings of fact appropriate to support the denial. If the City Council needs more information before making a decision or if they need to discuss the matter further, the Council can move to table the request until the applicant provides the City with such information. Because of 60-day requirements, the Council would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. CUP- Farmers Market Report May 24, 2010 Page 3 Recommendation: City staff recommends approval of the conditional use permit as requested. Staff has prepared Resolution 7621, approving the conditional use permit if the Council chooses this action. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial Photos 3. Proposed location of market-site plan 4. Resolution 7621 Zoning Map Movie theater parcels * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial View Movie theaterArea for Farmers Market Walgreens Robert’sMoe’sVacant office bldg Movie theater Site Plan RESOLUTION NO. 7621 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR SALES OPERATION AT 2430 HIGHWAY 10 (WYNNSONG MOVIE THEATER PARKING LOT); PLANNING CASE CU2010-002 WHEREAS, Amaya Basumatary with PMY Management, has applied for a conditional use permit to operate a seasonal outdoor sales (farmers market) in the parking lot of 2430 Highway 10 (Wynnsong Movie Theater); and, WHEREAS, the subject property, located at 2430 Highway 10, is zoned PUD (Planned Unit Development), and legally described as follows: Anthony Properties Addition, Lot 3, Block 1 PIN 08-30-23-23-0006 WHEREAS, the Mounds View Zoning Code conditionally allows open and outdoor sales in B-3 and higher zoning districts; and, WHEREAS, the applicant is proposing to operate the outdoor sales from about June 16 to October 19 each year; and, WHEREAS, the City Council has reviewed the following documents about this proposal: a. Staff Report b. Zoning Map c. Aerial Photo d. Site Plan of Proposed Location e. Letter from Applicant NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: 1. The proposed outdoor sales (farmers market) meets the requirements as outlined in Chapters 1125 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the outdoor sales would be a type of land use that is consistent with the “Regional Commercial” land use designation for the movie theater site. Resolution 7621 Page 2 3. The seasonal farmers market would not be out of place given the existing character of the surrounding area. 4. The proposed farmers market should not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists for this land use. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit for the seasonal outdoor sales (farmers market), with conditions as follows: 1. The City allows the farmers market to operate from June 1 to October 30 of each year. 2. The hours of operation of the farmers market shall be between 8:00 am and 2:00 pm. 3. The farmers market shall only be held one day per week. 4. The applicant or sales operator shall provide adequate security and traffic control to ensure the safety of the vendors, buyers and all others on the site. 5. The farmers market shall be allowed two signs that may be placed at the entrances to the movie theater site on the day of the market, and up to six small signs (max of 4 square feet). Each vendor may have one sign for their booth or display area that does not exceed 16 square feet. 6. The existing parking lot standards shall supply the lighting for the farmers market. 7. The owner or operator shall ensure that after every market day, the parking lot is cleaned up and completely cleared of everything from the market. The City does not allow anything to remain on the site after the market closes, and outdoor storage is not allowed on this property. 8. The applicant shall provide the following on an annual basis to the City of Mounds View Community Development Director before the market begins each year: a. Letter of intent and description of the proposal. b. Letter of permission from the movie theater or current tenant. c. Site plan, including the parking spaces that the sales area will use. Resolution 7621 Page 3 9. The Planning Commission and the City Council may review this Conditional Use Permit if any problems develop or if there are any changes to the operation that the City deems substantial enough to warrant such a review. NOW THEREFORE, BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the owner or operator meets the required conditions. Adopted this 24th day of May, 2010. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, Clerk-Administrator (SEAL) 42 This Section of the Personnel Manual establishes policies governing compensation. The objectives of this Section are as follows: 1. To develop and maintain a Comprehensive Policy which will attract and retain competent personnel. 2. To provide an environment in which employees will be encouraged to develop their abilities and effectiveness in performing assigned duties. 3. To recognize the quality of job performance demonstrated by each employee. 4. To provide compensation levels which are competitive with those provided by comparable communities. There are three Phases of the Compensation Policy: Phase I. Five-Step Compensation Plan Phase II. Annual Compensation Adjustment; and Phase III. Pay Equity Compliance PHASE I. FIVE-STEP COMPENSATION PLAN The City shall use a five step compensation plan for regular, full-time and part-time employees not represented by a collective bargaining unit. The five step plan is the first phase of the overall compensation policy and shall consist of five increments with the highest step, Step 5, representing 100% of the position’s maximum compensation rate. The steps shall descend from Step 5 (100%) in increments of 5%, as shown below. STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 80% 85% 90% 95% 100% Progress through the Steps Generally, new employees will begin at Step 1 of the five step plan. However, the City Council may authorize a new employee to start at a subsequent step in consideration of experience and qualifications. Assuming an employee begins employment at Step 1, advancement to Step 2 would occur at six months after employee's date of hire. Subsequent advancements through the steps would occur on the employee’s anniversary date thereafter until the employee reaches Step 5. Advancement to each subsequent step necessitates (1) a performance evaluation rated satisfactory or better by the employee's supervisor, (2) approval by the Department Head and City Administrator, and (3) approval by the City Council. PHASE II. ANNUAL COMPENSATION ADJUSTMENT POLICY: COMPENSATION SECTION 3.01 43 The Annual Compensation Adjustment (ACA) is the Council-approved annual adjustment often referred to as a Cost of Living Adjustment (COLA). Implementation When deemed appropriate by the City Council, the wages for each regular full-time and part-time employee not represented by a collective bargaining may be adjusted, effective January 1 of each year. The percentage increase approved by the Council represents the second phase in the overall compensation policy. Adjustment Criteria The ACA shall be granted only when earned based on demonstrated on-the-job performance, supported by the recommendation of the immediate Supervisor and preceded by a year-end performance evaluation rated satisfactory or above. All recommendations will be reviewed by the City Administrator who will recommend approval or denial of the ACA to the City Council for final approval. If a performance evaluation is rated less than satisfactory or it is determined that the employee has areas of job performance which need improvement, the employee may receive less than the full ACA percentage increase. PHASE III. PAY EQUITY COMPLIANCE The State of Minnesota's Pay Equity Law requires that "every political subdivision of this state shall establish equitable compensation relationships between female-dominated, male-dominated, and balanced classes of employees in order to eliminate sex-based wage disparities in public employment in this state." (Minn. Stat. § 471.992, subd. 1) The term “equitable compensation relationship” means that the compensation for female- dominated classes is not consistently below the compensation for male-dominated classes of comparable work value . . . (Minn. Stat. §. 471.991, subd. 5). A. In order to comply with the Pay Equity Law, the City Administrator shall annually conduct an analysis of compensation using the job evaluation study method determined by the City Council. B A Pay Equity Adjustment may be necessary if the annual analysis indicates a pattern of compensation for female and male-dominated classes which is inconsistent with the requirements of State Law and the Pay Equity Regulations as set forth by the Department of Employee Relations. C. The Pay Equity Analysis and any subsequent compensation adjustment represents the final Step in the overall compensation process. The City may consider conducting a market compensation study of all City job classifications in conjunction with the state-mandated Pay Equity Compliance Report. If the City Council so chooses to implement a job market compensation study in conjunction 44 with the state-mandated Pay Equity Report, then the criteria for this study must be established and approved by the City Council prior to the completion of the Pay Equity Compliance Report. Item No: 07E Meeting Date: May 24, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7616, Revising Section 3.01 of the Mounds View Personnel Manual Pertaining to Compensation Introduction: Section 3.01 of the Personnel Policy governs salary compensation. The objective of this policy was to: 1. To develop and maintain a Comprehensive Policy which will attract and retain competent personnel. 2. To establish and maintain a compensation schedule consistent with the Pay Equity Act of 1984 and its subsequent amendments. 3. To provide a climate in which employees will be encouraged to develop their abilities and effectiveness in performing assigned duties. 4. To recognize the quality of job performance demonstrated by each employee. 5. To establish and maintain compensation levels which are competitive with those provided by comparable jurisdictions. 6. To maintain an overall compensation policy with sufficient flexibility to meet changing economic and competitive conditions. On December 22, 2008, the Mounds View City Council approved a Salary Compensation Study, which was completed by Springsted. This approval implemented a 2% wage adjustment for job classifications below the market, effective January 1, 2009. The Salary Compensation Study completed by Springsted used comparable cities to Mounds View to define the market for each position. The City’s current Personnel Policy references “Stanton” as a means of defining the market. Since the Stanton Survey is no longer being published, the current policy is outdated. Item 07D May 24, 2010 Page 2 Discussion: The City’s current compensation policy consists of three (3) phases: Phase 1: The Five-Step Compensation Plan Phase 2: The Annual Compensation Adjustment; and Phase 3: Pay Equity Act Phase 1 of the Compensation Policy covers progression through the five (5) step compensation program, annual market adjustments using DCA Stanton Mean. Phase 2 covers Cost of Living Adjustments (COLA), and how COLA should be factored into the total Compensation Policy. Phase 3 covers Pay Equity. Pay Equity is a state mandated program, which requires a compliant pay equity report to the Department of Employee Relations every three (3) years. The City must follow this policy in accordance with Minnesota state law. During the May Work Session, the City Council reviewed the present policy and directed Staff to draft a general compensation policy for City Council consideration. It was City Council consensus to maintain the present five-step policy, and to review salary market compensation in conjunction with Pay Equity, only if the Council feels it is necessary to conduct such a study. The revised policy only gives the option for the Council to conduct a salary compensation study. It does not mandate the Council to conduct a salary compensation study. Recommendation: Attached is revised Section 3.01 of the Personnel Manual pertaining to Compensation. If the revised policy meets the City Council’s expectations, then Resolution 7616 will need to be approved allowing Staff to revise this section of the Personnel Manual. Respectfully submitted, ________________________ Desaree Crane Assistant City Administrator . RESOLUTION 7616 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REVISING SECTION 3.01 OF THE MOUNDS VIEW PERSONNEL MANUAL PERTAINING TO COMPENSATION WHEREAS, Section 3.01 of the Personnel Policy governs salary compensation; and WHEREAS, the City’s current Personnel Policy uses “Stanton” as a means of defining the market; and WHEREAS, the Stanton Survey is no longer being published, and therefore, Section 3.01 of the Mounds View Personnel Manual is outdated; and WHEREAS, during the May 3, 2010, Work Session, the City Council reviewed the present policy and directed Staff to draft a general compensation policy for City Council consideration; and WHEREAS, during the May 3, 2010, Work Session, it was City Council consensus to maintain the present five-step policy, and to review salary market compensation in conjunction with Pay Equity, only if the Council feels it is necessary to conduct such a market compensation study. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council approves the attached revised Section 3.01 of the Mounds View Personnel Manual pertaining to Compensation and authorizes Staff to revise Section 3.01 of the Mounds View Personnel Manual. Adopted this 24th day of May, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07F Meeting Date: May 24, 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 7617 Approving a Step Increase for Officer Kirsten Lafean of the Mounds View Police Department. Background: Officer Kirsten Lafean is a current employee with the City of Mounds View. Her supervisor, Sgt Steve Menard, has reviewed her performance as it relates to her responsibilities outlined in the job description. Discussion: It was determined that Officer Lafean has satisfactorily performed in the capacity of her position, and therefore, a step increase wage adjustment is consistent with the LELS Police Officers Union Contract. Recommendation: Staff recommends approval of Resolution 7617, approving Officer Lafean’s wage increase. Respectfully Submitted, __________________________ Desaree Crane Assistant City Administrator RESOLUTION 7617 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENT WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, her supervisor reviewed her performance as it relates to the responsibilities outlined in the job description; and WHEREAS, her supervisor determined that the following employee below has satisfactorily performed in the capacity of her position documented in her performance review on file; and WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart. NAME CURRENT POSITION DATE OF EMPLOYMENT/ CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Officer Kirsten Lafean MV Police Officer June 1, 2009 Step 2: $22.29/hr Step 3: $25.47 June 1, 2010 Adopted this 24th day of May, 2010. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No: 07G Meeting Date: May 24, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7618, Establishing the Absentee Ballot Board for the 2010 Primary and General Election Background: The Military and Overseas Empowerment (MOVE) Act, which was signed into law by President Obama on October 28, 2009, required Minnesota to move the Primary Election to August 10, 2010. This provided for a 45-day absentee balloting period. There is no change to the General Election date, which is scheduled for Tuesday, November 2, 2010. Both elections for all four (4) precincts will be conducted at the Mounds View Community Center from 7 a.m. to 8 p.m. Section 203B.23 of the Minnesota Election Law, requires the City to establish an Absentee Ballot Board by resolution. The purpose of the Absentee Ballot Board (ABB) is to allow election judges to reject or accept absentee ballots that are received within 45 days of the election. The election law has changed for 2010, and the City is now required to convene an ABB every five days to accept and reject absentee ballots, and at least once every three days during the two (2) weeks before the election. Discussion: Minnesota election law states that the ABB must examine all return absentee envelopes and accept or reject ballots received. The ABB must convene at a minimum of every five (5) days, and convene every three (3) at least two (2) weeks before the election. Each ABB member must examine all return absentee ballot envelopes and accept or reject absentee ballots. The ABB must consist of either City staff trained as election judges, city trained election judges, or a combination of both. Each absentee ballot must be examined by two (2) trained election judges of different major political parties. The new language in the election law requires the ABB to track all ballots using a web based program called SVRS (Statewide Voter Registration System). In addition, the ABB will be required to track all rejected absentee ballots. When a ballot is rejected, the official in charge of the ABB must mail the voter a written notice of absentee ballot rejection, and this is tracked through the SVRS system and a City generated Excel spreadsheet. Due to the extensive new absentee ballot requirements, Staff is recommending that the ABB consist of City staff trained as election judges. The ABB would consist of myself, Jim Ericson, Heidi Heller, Heidi Steinmetz and Mary Springer. By using City staff, the City can easily schedule ABB meetings ahead of time, and post them on the website as they are open to the public. If the ABB feels that more help is needed, then the ABB may call upon more trained election judges to help. Attached is a summary of all the new election laws that were in adopted in 2010 for your reference. Item 07G Mary 24, 2010 Page 2 Recommendation: Staff recommends approval of 7618, establishing the Absentee Ballot Board for the 2010 Primary and General Election. Staff has an added a provision to the resolution which authorizes the City Administrator to appoint additional election judges to serve on the ABB should there be a need. Respectfully submitted, _____________________ Desaree Crane Assistant City Administrator RESOLUTION NO. 7618 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA A RESOLUTION ESTABLSHING AN ABSENTEE BALLOT BOARD FOR THE 2010 PRIMARY AND GENERAL ELECTION WHEREAS, the Military and Overseas Empowerment (MOVE) Act, which was signed into law by President Obama on October 28, 2009, required Minnesota to move the Primary Election to August 10, 2010; and WHEREAS, the MOVE Act provided for a 45-day absentee balloting period; and WHEREAS, the Minnesota Election Law provides authority to a municipality to establish an Absentee Ballot Board in accordance with the provisions of the law; and WHEREAS, the purpose of the Absentee Ballot Board is to allow election judges to reject or accept absentee ballots that are received within 45 days of the election; and WHEREAS, City staff trained as election judges will serve on the Absentee Ballot Board. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council authorizes an Absentee Ballot Board for the purpose of reviewing all absentee ballots and marking the absentee ballot envelopes as “accepted” or “rejected”, and tracking all Absentee Ballots in accordance with federal and state election laws. BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View authorizes the City Administrator to appoint additional election judges to serve on the Absentee Ballot Board should there be a need. Adopted this 24th day of May, 2010. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, City Administrator (seal) Item No: 7H Meeting Date: May 24, 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 7622, Authorizing an Agreement with Rick Wriskey for Urban Forestry Services Background/Discussion: The City has been without a City Forester since September 30, 2009. At that time, Mr. Rick Wriskey retired after 28 years of service through the joint powers agreement with New Brighton. Mr. Wriskey worked 1-1/2 days, on average, each week on Mounds View forestry needs with the remainder for New Brighton. Due to uncertainty with future financial commitment toward the position beyond 2010, the City of New Brighton decided to reclassify the position to a full-time, temporary forestry intern, whereby officially ending the joint powers agreement. The City Council discussed the status of the City Forester position at their May 3, 2010 work session. The Parks and Recreation and Forestry Commission also discussed this at their April 22, 2010 meeting. Staff and Council discussed short-term solutions and long-term options for providing these services. The following is a summary of that discussed: Short-term Solution: Mr. Wriskey has indicated his willingness to assist Mounds View with forestry-related services. His involvement would be limited to an average of 8 hours per week and could extend the next several years. This alone will not be enough to provide the same level of service that existed before his retirement. The Commission recommends that an emphasis be placed on trees on public property over trees on private property. Staff is recommending that the City enter into a professional services agreement with Mr. Wriskey. Under this scenario, Mr. Wriskey would focus on public property only (right-of-way, parks, grounds, etc.) with exception to abating diseased trees on private property (as required by City ordinance). Long-term Options: Options for the long-term solution that were discussed included: • Cost share with another city through joint powers agreement; • Job split with parks maintenance worker (eliminate full-time seasonal parks position); • Hire entry-level forester or intern (with Mr. Wriskey’s services); or • Do Nothing (not recommended) The City Council suggested having Mr. Wriskey perform forestry services for a short-term solution. Mr. Wriskey would work (on average) 8 hours per week; however, he will spend more time during peak season (April through October) and less during other months. The Council indicated that a long-term solution is needed and options should be investigated and evaluated further. It is expected that these options will be reviewed and discussed by the Council at a future meeting this summer. Mr. Wriskey desires to limit the income from this position as to not exceed the threshold that triggers his PERA to be affected. This limit is around $14,000. The adopted 2010 City Budget will not be impacted since there is $16,000 included under Forestry (100-4380-3033) in anticipation that the JPA with New Brighton would be continued. Attached to this report is a draft agreement between the City and Mr. Wriskey. There are several items being worked out regarding the indemnification and insurance articles. Staff is waiting to hear back from the City Attorney and insurance agent to finalize the agreement and is hopeful that this will be Resolution 7622, Authorizing an Agreement with Rick Wriskey for Urban Forestry Services May 24, 2010 Page 2 resolved by the May 24, 2010 Council meeting. If Mr. Wriskey is required to carry his own liability insurance, then he will be reimbursed for those costs. Otherwise, there will be no anticipated expenses for vehicle use, equipment, and the like since Mr. Wriskey will be allowed to use City-owned vehicles and equipment. Exhibit A of the draft agreement itemizes the typical tasks and services that are associated with this agreement. Recommendation: Staff recommends that the City Council consider adopting Resolution 7622 authorizing an independent contractor agreement allowing Mr. Wriskey to provide Urban Forestry Services. If adopted, the draft agreement will be finalized after the insurance issue is resolved (if needed) and Mr. Wriskey is anticipated to begin on Wednesday, May 26, 2010. Respectfully submitted, Nick DeBar Public Works Director Attachments: • Resolution 7622 • Draft Independent Contractor Agreement RESOLUTION 7622 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING AN AGREEMENT WITH RICK WRISKEY FOR URBAN FORESTRY SERVICES WHEREAS, proper forest management has many positive effects including increasing property values, aesthetics, reducing energy costs, attracting wildlife, reducing stormwater runoff, and providing an overall higher quality of life; and WHEREAS, Mounds View is currently without any means or expertise to provide the regular maintenance and oversight needed to provide proper forest management and to diagnose and enforce current ordinances regarding diseased trees; and WHEREAS, Mr. Rick Wriskey served 28 years as the Mounds View City Forester until his retirement on September 30, 2010; and WHEREAS, Mr. Rick Wriskey has the expertise and is willing to assist the City with urban forestry services as an independent contractor; and WHEREAS, an agreement has been drafted between the City and Mr. Rick Wriskey to allow Mr. Wriskey to provide urban forestry services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The terms and conditions of the independent contractor agreement between the City and Mr. Rick Wriskey are to be finalized. 2. The City Attorney is authorized to review the independent contractor agreement and any supporting documentation. 3. Upon satisfactory review of the independent contractor agreement and any supporting documentation by the City Attorney, the Mayor and City Administrator are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with Mr. Rick Wriskey to provide urban forestry services. Adopted this 24th day of May, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (SEAL) URBAN FORESTRY SERVICES AGREEMENT 1 CITY OF MOUNDS VIEW INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made on the 24th day of May, 2010, between the CITY OF MOUNDS VIEW (“City”), a Minnesota municipal corporation, whose business address is 2401 Highway 10, Mounds View, MN 55112, and RICK WRISKEY (“Contractor”) whose address is 6218 Glen Circle, Lino Lakes, MN 55014. THE CITY AND CONTRACTOR AGREE AS FOLLOWS: 1. Independent Contractor. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is an independent contractor and not an employee of the City. The Contractor is free to contract with other entities as provided herein. The Contractor shall be responsible for selecting the means and methods of performing the work. The City will furnish any and all vehicles, supplies, tools, equipment, materials, and incidentals necessary for the Contractor’s performance under this Agreement. The Contractor shall be exclusively responsible under this Agreement for the Contractor’s own FICA payments, workers’ compensation insurance, unemployment compensation insurance, withholding amounts, or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 2. Contractor’s Services. The Contractor agrees to provide Urban Forestry Services for the City as described on the attached Exhibit A. The Contractor shall, in the execution of the services, conform to all applicable federal, state, and local laws, codes, ordinances, and regulations. 3. Compensation for Services. The City agrees to pay the Contractor for the services for $45 per hour. The Contractor shall submit to the City, on a monthly basis, itemized bills for the services performed under this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. 4. Termination. Either party, without cause, may terminate this Agreement by seven days’ written notice delivered to the other party at the address written above. After termination, the City shall have no further obligation to the Contractor except to compensate the Contractor for services performed prior to the date of the notice of termination. 5. Subcontractors. The Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. 6. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 7. Indemnification. The City agrees to defend, indemnify and hold the Contractor harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor in the performance of the services provided by this Agreement. 8. Workers’ Compensation Insurance. The Contractor shall have workers’ compensation insurance coverage that meets the requirements of Minnesota law. The Contractor shall execute the form attached hereto prior to commencing work under this Agreement. 9. Records Access. The Contractor shall provide the City access to any books, documents, papers, and records which are directly pertinent to the Agreement, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this Agreement are closed. URBAN FORESTRY SERVICES AGREEMENT 2 CITY OF MOUNDS VIEW 10. General Liability Insurance. The City shall maintain adequate insurance to protect the City and Contractor from claims and liability for injury or damages to persons or property for all work performed by the Contractor under this Agreement. 11. Data Privacy. The Contractor shall comply with Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act. The Contractor shall not disclose non-public information except as authorized by the Act. 12. Governing Law. The laws of the State of Minnesota shall control this Agreement. 13. Entire Agreement; Amendments. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 14. No Waiver by the City. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CONTRACTOR By: _________________________________ Rick Wriskey CITY OF MOUNDS VIEW By: _________________________________ Joe Flaherty Its: Mayor ATTEST: By: _________________________________ James Ericson Its: City Administrator (SEAL) 368203v1 SJS MU210-111 URBAN FORESTRY SERVICES AGREEMENT 3 CITY OF MOUNDS VIEW PROOF OF WORKERS’ COMPENSATION INSURANCE COVERAGE Minnesota Statutes Section 176.182 requires every governmental subdivision entering into a contract for doing any public work to obtain acceptable evidence of compliance with the workers’ compensation insurance coverage requirement of Minnesota Statutes Section 176.181, subdivision 2. This information will be furnished, upon request, to the Department of Labor and Industry to check for compliance with Minnesota Statutes Section 176.181, subdivision 2. This information is required by law, and a contract for the doing of any public work may not be entered into if it is not provided or is falsely reported. Furthermore, if this information is not provided or is falsely reported, it may result in a penalty assessed against your business by the Commissioner of the Department of Labor and Industry. Provide the information specified above in the spaces provided, or certify the precise reason your business is excluded from compliance with the insurance coverage requirement for workers’ compensation. INSURANCE COMPANY NAME: ______________________________________________ (NOT the insurance agent) POLICY NO. OR SELF-INSURANCE PERMIT NO.: _______________________________ DATES OF COVERAGE: ______________________________________________________ - OR - I am not required to have workers’ compensation liability coverage because: I have no employees covered by the law. Other (specify): ________________________________________________ _____________________________________________________________ I HAVE READ AND UNDERSTAND MY RIGHTS AND OBLIGATIONS WITH REGARD TO PUBLIC CONTRACTS AND WORKERS’ COMPENSATION COVERAGE, AND I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE AND CORRECT. ________________________________ (Signature) URBAN FORESTRY SERVICES AGREEMENT A-1 CITY OF MOUNDS VIEW EXHIBIT A DESCRIPTION OF SERVICES TO BE PERFORMED BY CONTRACTOR The Contractor will perform the following services, in part or wholly, as assigned by the City on a daily, weekly, seasonal, project-by-project, or as-needed basis to assist the City in promoting a safe and high quality urban forest environment. 1. Monitor and inspect trees, shrubs, and landscaping located on City-owned public lands (rights-of-way, parks, grounds, etc.) for damage, hazards, disease, invasive/exotic plants and species, and other unsafe or undesirable conditions. Determine and recommend appropriate treatment or remedial activities and assist with carrying out approved actions. 2. Assist with administering and implementing the Dutch Elm, Oak Wilt, and Emerald Ash Borer Disease control per City ordinance and policies, including detection, inspection, and diagnosis. Coordinate and oversee diseased tree removals or treatments on both City-owned public land and private property. 3. Coordinate closely with City personnel on various tree and landscaping issues for City-owned public lands and occasionally private properties. 4. Assist with planning, bidding, and administering contracts between City and other independent contractors for removing, maintaining, and planting of trees, shrubs, plants, and landscaping on City- owned public lands. 5. Perform removals, trimming, maintenance, and planting of trees, shrubs, plants, and landscaping on City-owned public lands alone or with other City personnel. 6. Review construction plans and provide recommendations for tree and landscaping issues associated with City projects and private development/improvements. 7. Assist with developing, administering, and implementing the City’s urban forestry activities and programs, including Tree City USA, Arbor Day, master plans, tree sales, budgeting, grants, articles/newsletters, billings, ordinances, procedures and policies, meetings, reports, storm clean up and recovery, and other urban forestry actions and programming. 8. Performs other urban forestry related duties and assignments as apparent or assigned. Item No: 08A Meeting Date: May 24, 2010 Type of Business: CA Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Community Development Technician Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2010. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2009. The majority of the licenses are renewals, so at a minimum, they were licensed in 2009. The type of license they are applying for follows the company name. Dirtworks Sewer/Water/Excavation New German Quality Masonry Cement New Master Mobile Home Service HVAC Renewal Pierce Masonry, Inc. Cement New Pipeline Industries, Inc. Sewer/Water/Excavation New Timberline Design, LLC HVAC New Recommendation: Approve license applications as requested. Computer Technology Use and Access Policies 2 Computer Use Policy Purpose To set provisions for securing desktop and notebook computers, related computer media and peripheral equipment. Background Most of City business is conducted with the use of desktop or notebook computers dedicated to a single user's activity. It is essential to protect City information assets created, gathered, shared or stored with desktop and notebook computers, related computer media (e.g. diskettes, CDROMs, Personal Digital Assistants (PDAs), flash drives, etc.) and peripheral equipment such as fax machines, printers and copiers. Scope of the Policy This policy applies to all individuals granted access to the City network and information systems including but not limited to full and part-time employees, temporary workers, volunteers, contractors, and those employed by others to perform City work. This policy includes all computers (e.g., desktops and notebooks), stand alones as well as those connected to the City network. The same physical and technical security measures shall be implemented for mobile and remote computers. Policy 1. General a. The City will ensure reasonable physical safeguards to maintain desktop and notebook computers and peripheral equipment in such a way to avoid inadvertent disclosure of City information. b. The City IT Department shall be responsible for secure installations, configurations, distribution, management and removal from service, of City desktop and notebook computers. c. The City may withdraw permission for any or all business or personal uses of its network or information systems at any time. 2. Securing Desktop and Notebook Computers a. When leaving a desktop or notebook computer unattended, users shall apply the "Lock Workstation" feature (ctrl/alt/delete, enter) where systems allow. b. Unattended desktop and notebook computers shall be secured from viewing by password protected screen savers which should be set to automatically activate after a period of non-use. The period of non-use shall be for no more than fifteen (15) minutes 3 c. Desktop computer users shall store confidential and sensitive information on a networked drive (shared directory on the City network) and not the user’s hard drive. d. Desktop and notebook computers and monitors shall be turned off at the end of each workday unless instructed otherwise by the IT Department to perform routine maintenance. e. Desktop and notebook computer users shall not disable or alter security safeguards, such as virus detection software, installed on City desktop or notebook computers. f. Additional security requirements may be required for computers containing data governed by other applicable State and Federal laws including law enforcement data and data associated with the Health Insurance Portability and Accountability Act (HIPPA). 3. Physical Security Measures Physical security measures shall be used to secure notebooks, computer media, and other forms of information storage media containing confidential or sensitive information. a. Mobile notebook computers actively connected to the network or information systems must not be left unattended. b. Notebook computers left in a vehicle shall not be visible except in police, utility department, code enforcement or fire emergency vehicles where the device is mounted to the vehicle console. If possible, the notebook should be stored in a locked trunk. (Weather conditions should be considered when leaving electronic equipment in a vehicle for long periods of time.) Unattended vehicles shall be locked at all times. c. Mobile notebook computers, computer media and any other forms of removable storage (e.g. diskettes, CD ROMs, zip disks, PDAs, flash drives) should be stored in a secure location, attached to the workstation by a locking cable or stored in a locked cabinet when not in use. d. Other information storage media containing confidential data such as paper, files, tapes, etc. shall be stored in a secure location or locked cabinet when not in use. 4. Peripheral Equipment Peripheral equipment (e.g. printers, faxes, copiers) that store, produce and/or transfer confidential or sensitive information shall be protected from inadvertent or unauthorized access. a. Fax and telex machines that store or transmit confidential or sensitive information shall be placed in secure locations and monitored. b. All documents containing confidential or sensitive information shall be cleared from printers and copiers immediately. 4 5. Unauthorized Software a. Individual users shall not install or download software applications and/or executable files to any City desktop or notebook computer without prior authorization from the IT Department. b. The IT shall make available to users, a list of authorized and accepted software and applications approved by the City. 6. Viruses a. Desktop and notebook computer users shall not write, compile, copy, knowingly propagate, execute, or attempt to introduce any computer code designed to self- replicate, damage, or otherwise hinder the performance of any computer system (e.g. virus, bacteria, worm, Trojan horse, or the like). b. Suspected viruses should be reported immediately to the IT Department. c. Viruses shall not be deleted without expert assistance unless instructed by the IT Department. 7. Monitoring of desktop and notebook computers. a. The City reserves the right to monitor individual user desktop and notebook computers at random or for cause. 8. Technical Security Desktop and notebook computers shall be configured to reduce the risk of inadvertent or unauthorized access to City information and systems. a. All City desktop and notebook computers shall be configured according to City desktop and notebook configuration standards. b. Without exception, a user’s standard login account cannot be a member of the local machine administrator’s group on the user’s assigned desktop or notebook computer. c. User identification (name) and authentication (password) shall be required to access the operating system of all desktop and notebook computers whenever turned on or booted. d. Local hard drives shall not be accessible when a desktop or notebook computer is booted from mobile media, e.g., a diskette or compact disk. e. City standard virus detection software shall be installed on all desktop and notebook computers, mobile, and remote devices and shall be configured to check files when read and routinely scan the system for viruses. f. Desktop and notebook computers shall be configured to log all significant computer security relevant events. (e.g., password guessing, unauthorized access attempts or modifications to applications or systems software.) 5 9. Policy exceptions a. The IT Department Network Manager shall be authorized to approve or deny policy exceptions regarding elements of any security policy. Policy exception requests shall be submitted electronically or in hard copy form to the Network Manager. Failure to Comply Violations of this policy will be treated like other allegations of wrongdoing at the City. Allegations of misconduct will be adjudicated according to established procedures. Sanctions for inappropriate use of any City desktop computer, notebook computer or related computing device, software, or services may include, but are not limited to, one or more of the following: 1. Temporary or permanent revocation of use of computing equipment and network access; 2. Termination of employment; and/or 3. Legal action according to applicable laws and contractual agreements. Acceptance: Computer Use Policy I hereby acknowledge that I have read and understand the Computer Use Policy of the City. I agree to abide by these policies and ensure that persons working under my supervision abide by these policies. I understand that if I violate such rules, I may face legal or disciplinary action according to applicable law or departmental policy. I hereby agree to indemnify and hold the City and its officers, trustees, employees, and agents harmless for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to the user’s use of the City owned computer resources and the network, including reasonable attorney fees. Such claims shall include, without limitation, those based on trademark or service mark infringement, trade name infringement, copyright infringement, unfair competition, defamation, unlawful discrimination or harassment, and invasion of privacy. Name _______________________________________ Signature _______________________________________ Date ________________________________________ 6 Password Policy Purpose To set a standard for creating, protecting, and changing passwords such that they are strong, secure, and protected. Background Passwords are a critical part of information and network security. Passwords serve to protect user accounts, but a password, if compromised, could put the entire network at risk of unauthorized access and loss of electronic data. As a result, all employees are required to take appropriate steps to ensure that they create strong, secure passwords and keep them safeguarded at all times. Scope of the Policy This policy applies to all employees, volunteers or contractors of the City who have or are responsible for a computer account, or any form of access that supports or requires a password, on any system that resides at any City facility, has access to the City network, or stores any non-public City information. Policy General 1. Passwords must be changed every 120 days. 2. Old passwords cannot be re-used for a period of 12 months. 3. Users will be notified by system prompts two weeks in advance of password expiration date. At this time, users will be prompted to select a new password. 4. All passwords must conform to strong password guidelines outlined below. Password Construction Guidelines Passwords are used to access any number of City information systems, including the network, database applications, email, and the Internet. Poorly designed passwords are easily cracked, and put the entire system at risk. Therefore, strong passwords are necessary to protect the integrity of the network and data. Try to create a password that is also easy to remember. 1. Passwords should not be based on well-known or easily accessible personal information. 2. Passwords must contain at least 8 characters. A strong password will contain a series of numbers, letters and special characters and would contain the following: • At least 1 (one) uppercase letters (e.g. N) and 1 (one) lowercase letters (e.g. t). • At least 1 (one) numerical characters (e.g. 5). 7 • At least 1 (one) special characters (e.g. $). 3. Passwords must not be based on a users’ personal information or that of his or her friends, family members, or pets. Personal information includes logon I.D., name, birthday, address, phone number, social security number, or any permutations thereof. 4. Passwords must not be words that can be found in a standard dictionary (English or foreign) or are publicly known slang or jargon. 5. Passwords must not be based on publicly known fictional characters from books, films, and so on. 6. Passwords must not be based on the company’s name or geographic location. Password Protection Guidelines 1. Passwords should be treated as confidential information. No employee is to give, tell, or hint at their password to another person, including IT staff, administrators, superiors, other co-workers, friends, and family members, under any circumstances. 2. If someone demands your password, refer them to this policy or have them contact the IT Department. 3. Passwords are not to be transmitted electronically over the unprotected Internet, such as via e-mail. However, passwords may be used to gain remote access to company resources via the City’s IPsec-secured Virtual Private Network or SSL-protected Web site. 4. No employee is to keep an unsecured written record of his or her passwords, either on paper or in an electronic file. If it proves necessarily to keep a record of a password, then it must be kept in a controlled access safe if in hardcopy form or in an encrypted file if in electronic form. 5. Do not use the “Remember Password” feature of applications. 6. Passwords used to gain access to City systems should not be used as passwords to access non-City accounts or information. 7. If possible, don’t use the same password to access multiple databases or network systems. 8. If an employee either knows or suspects that their password has been compromised, it must be reported to the IT Department and the password changed immediately. 9. The IT Department may attempt to crack or guess users’ passwords as part of its ongoing security vulnerability auditing process. If a password is cracked or guessed during one of these audits, the user will be required to change his or her password immediately. Failure to Comply Violations of this policy will be treated like other allegations of wrongdoing at the City. Allegations of misconduct will be adjudicated according to established procedures. Sanctions for 8 inappropriate use on the City’s email systems and services may include, but are not limited to, one or more of the following: 1. Temporary or permanent revocation of network access; 2. Termination of employment; and/or 3. Legal action according to applicable laws and contractual agreements. Acceptance: Password Policy I hereby acknowledge that I have read and understand the Password Policy of the City. I agree to abide by these policies and ensure that persons working under my supervision abide by these policies. I understand that if I violate such rules, I may face legal or disciplinary action according to applicable law or departmental policy. I hereby agree to indemnify and hold the City and its officers, trustees, employees, and agents harmless for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to the user’s use of the City owned computer resources and the network, including reasonable attorney fees. Such claims shall include, without limitation, those based on trademark or service mark infringement, trade name infringement, copyright infringement, unfair competition, defamation, unlawful discrimination or harassment, and invasion of privacy. Name _______________________________________ Signature ____________________________________ Date ________________________________________ 9 Email Acceptable Use Policy (EAUP) Purpose To establish an outline of appropriate and inappropriate use of the City’s email system and services in order to minimize disruptions to services and activities, as well as comply with applicable policies and laws. Background Email is a critical mechanism for business communications. However, the improper use of electronic mail systems and services can compromise the security of the network or result in unnecessary legal liability. As a result, the provision of email to an employee is a privilege, not a right, and therefore must be used with respect and in accordance with the goals and policies of the City Scope of the Policy The City provides some, if not all, employees with electronic access, consisting of an email system, a network connection, and Internet/Intranet access. This policy governs the use of the City’s network and email system at all City locations and offices. The following are covered by this policy: 1. Full or part-time employees of the City who have been provided a city email address. 2. Volunteers who are authorized to use the City email system and have been provided a city email address. Policy Email access is controlled through individual accounts and passwords. Each user of the City’s email system is required to read and sign a copy of this Email Acceptable Use Policy prior to receiving an email access account and password. It is the responsibility of the employee to protect the confidentiality of their account and password information. All full-time employees of the City of Mounds View are entitled to an email account. Temporary email accounts will be granted to third party non-employees on a case-by-case basis. Applications for these temporary accounts must be submitted in writing to the Network Manager. All terms, conditions, and restrictions governing email use must be in a written and signed agreement. Email access will be terminated when the employee or third party terminates their association with the City, unless other arrangements are made. The City is under no obligation to store or forward the contents of an individual’s email inbox/outbox after the term of their employment has ceased. General Expectations of End Users Important official communications are often delivered via email. As a result, employees of the City with email accounts are expected to check their email in a consistent and timely manner so 10 that they are aware of important City announcements and updates, as well as for fulfilling business and assigned tasks. Email users are responsible for mailbox management, including organization and cleaning. If a user subscribes to a mailing list, he or she must be aware of how to remove their email address from the list, and is responsible for doing so in the event that their current email address changes. Email users are also expected to comply with normal standards of professional and personal courtesy and conduct. Appropriate Use Individuals at the City are encouraged to use email to further the goals and objectives of the City. The types of activities that are encouraged include: 1. Communicating with fellow employees, business partners of the City, and clients within the context of an individual’s assigned responsibilities. 2. Participating in educational or professional development activities. Inappropriate Use The City’s email systems and services are not to be used for purposes that could be reasonably expected to cause excessive strain on systems. Individual email use will not interfere with others’ use of the City’s email system and services. Email use at the City will comply with all applicable laws, all the City policies, and all City contracts. The following activities are deemed inappropriate uses of the City systems and services and are prohibited: 1. Use of email in any way that violates the City’s policies, rules, or administrative orders. 2. Viewing, copying, altering, or deletion of email accounts or files belonging to the City or another individual without authorized permission. 3. Sending of unreasonably large email attachments. The total size of an individual email message sent or received (including attachment) must be 100Mb or less. 4. Opening email attachments from unknown or unsigned sources. Attachments are the primary source of computer viruses and should be treated with utmost caution. 5. Sharing email account passwords with another person, or attempting to obtain another person’s email account password. Email accounts are only to be used by the registered user. 6. Excessive personal use of the City email resources. The City allows limited personal use for communication with family and friends, independent learning, and public service so long as it does not interfere with staff productivity, pre-empt any business activity, or consume more than a trivial amount of resources. The City prohibits personal use of its email systems and services for unsolicited mass mailings, non-City commercial activity, political campaigning, dissemination of chain letters, and use by non-employees. Email Retention – Please refer to the Email Archiving and Retention Policy 11 Reporting Misuse Any allegations of misuse should be promptly reported to Network Manager. If you receive an offensive email, do not forward, delete, or reply to the message. Instead, report it directly to the individual named above. Failure to Comply Violations of this policy will be treated like other allegations of wrongdoing at the City. Allegations of misconduct will be adjudicated according to established procedures. Sanctions for inappropriate use on the City’s email systems and services may include, but are not limited to, one or more of the following: 1. Temporary or permanent revocation of email access; 2. Disciplinary action according to applicable the City policies; 3. Termination of employment; and/or 4. Legal action according to applicable laws and contractual agreements. Monitoring and Confidentiality The email systems and services used at the City are the property of the City. As such, the City has the right to monitor any and all email traffic passing through its email system. While the City does not actively read end-user email, email messages may be read by IT staff during the normal course of managing the email system. In addition, backup copies of email messages may exist, despite end-user deletion, in compliance with the City’s records retention policy. The goals of these backup and archiving procedures are to ensure system reliability and prevent business data loss. If the City discovers or has good reason to suspect activities that do not comply with applicable laws or this policy, email records may be retrieved and used to document the activity in accordance with due process. All reasonable efforts will be made to notify an employee if his or her email records are to be reviewed. Notification may not be possible, however, if the employee cannot be contacted, as in the case of employee absence due to vacation. Use extreme caution when communicating confidential or sensitive information via email. Keep in mind that all email messages sent outside of the City become the property of the receiver. A good rule is to not communicate anything that you wouldn’t feel comfortable being made public. Demonstrate particular care when using the “Reply” command during email correspondence. Disclaimer The City assumes no liability for direct and/or indirect damages arising from the user’s use of the City’s email system and services. Users are solely responsible for the content they disseminate. The City is not responsible for any third-party claim, demand, or damage arising out of use the City’s email systems or services. Acceptance: Email Acceptable Use Policy (EUAP) I hereby acknowledge that I have read and understand the Email Acceptable Use Policy of the City. I agree to abide by these policies and ensure that persons working under my supervision 12 abide by these policies. I understand that if I violate such rules, I may face legal or disciplinary action according to applicable law or departmental policy. I hereby agree to indemnify and hold the City and its officers, trustees, employees, and agents harmless for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to the user’s use of the City owned computer resources and the network, including reasonable attorney fees. Such claims shall include, without limitation, those based on trademark or service mark infringement, trade name infringement, copyright infringement, unfair competition, defamation, unlawful discrimination or harassment, and invasion of privacy. Name _______________________________________ Signature _______________________________________ Date ________________________________________ 13 Internet Acceptable Use Policy (IAUP) Purpose To establish a policy to ensure efficient, ethical, and legal use of Internet resources. Background The Internet is a worldwide, publicly accessible network of interconnected computer networks that transmit data by packet switching using the standard Internet Protocol (IP). It is a "network of networks" that consists of millions of smaller domestic, academic, business, and government networks, which together carry various information and services, such as electronic mail, online chat, file transfer, and the interlinked Web pages and other documents of the World Wide Web. Access to the Internet provides employees with the opportunity to locate and use current and historical data from multiple sources worldwide in their decision-making processes. Employees are encouraged to develop the skills necessary to effectively utilize these tools in the performance of their jobs. Scope of the Policy The following are covered by this policy: 1. Full or part-time employees of the City. 2. Volunteers who are authorized to use City resources to access the Internet. 3. Contractors who are authorized to use City-owned equipment or facilities to access the Internet. Policy Internet access at the City is controlled through individual accounts and passwords. Department managers are responsible for defining appropriate Internet access levels for the persons in their department and conveying that information to the Network Manager. Each user of the City system is required to read this Internet policy and sign an Internet use agreement prior to receiving an Internet access account and password. Appropriate Use Individuals at the City are encouraged to use the Internet to further the goals and objectives of the City. The types of activities that are encouraged include: 1. Acquiring or sharing information necessary or related to the performance of an individual’s assigned responsibilities; 2. Participating in educational or professional development activities. Inappropriate Use Individual Internet use will not interfere with others’ use and enjoyment of the Internet. Users will not violate the network policies of any network accessed through their account. Internet use 14 at the City will comply with all Federal and State laws, all City policies, and all the City contracts. This includes, but is not limited to, the following: 1. The Internet may not be used in any way that violates the City’s policies, rules, or administrative orders including, but not limited to, the City’s employee code of conduct policies. Use of the Internet in a manner that is not consistent with the mission of the City, misrepresents the City, or violates any the City policy is prohibited. 2. Individuals should limit their personal use of the Internet. The City allows limited personal use for communication with family and friends, independent learning, and public service. The City prohibits use for mass unsolicited mailings, access for non- employees to the City resources or network facilities, competitive commercial activity unless pre-approved by the City, and the dissemination of chain letters. Security For security purposes, users may not share account or password information with another person. Internet accounts are to be used only by the assigned user of the account for authorized purposes. Attempting to obtain another user’s account password is strictly prohibited. Users are required to change or obtain a new password if they have reason to believe that any unauthorized person has learned their password. Users are required to take all necessary precautions to prevent unauthorized access to Internet services. Monitoring The City may monitor any Internet activity occurring on the City equipment or accounts. If the City discovers activities which do not comply with applicable law or departmental policy, records retrieved may be used to document the violation of this policy statement. Website Blocking and Filtering The City currently does employ filtering software to limit access to sites on the Internet. Restricted sites typically contain adult or pornographic material. To preserve Internet bandwidth websites that use an inordinate amount of bandwidth will be filtered. These sites typically contain streaming video and audio but also includes sites that contain large file downloads. Exceptions to the filtering policy can be submitted to the Network Manager for review. Failure to Comply Violations of this policy will be treated like other allegations of wrongdoing at the City. Allegations of misconduct will be adjudicated according to established procedures. Sanctions for inappropriate use of the Internet may include, but are not limited to, one or more of the following: 1. Temporary or permanent revocation of access to the Internet. 2. Disciplinary action according to applicable the City policies; 3. Legal action according to applicable laws and contractual agreements; Disclaimer The City assumes no liability for any direct or indirect damages arising from the user’s connection to the Internet. The City is not responsible for the accuracy of information found on the Internet and only facilitates the accessing and dissemination of information through its systems. Users are solely responsible for any material that they access and disseminate through the Internet. 15 We encourage you to use your Internet access responsibly. Should you have any questions regarding this Internet Acceptable Use Policy, feel free to contact the Network Manager at 651- 792-7092. Acceptance: Internet Acceptable Use Policy (IUAP) I hereby acknowledge that I have read and understand the Internet Acceptable Use Policy of the City. I agree to abide by these policies and ensure that persons working under my supervision abide by these policies. I understand that if I violate such rules, I may face legal or disciplinary action according to applicable law or departmental policy. I hereby agree to indemnify and hold the City and its officers, trustees, employees, and agents harmless for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to the user’s use of the City owned computer resources and the network, including reasonable attorney fees. Such claims shall include, without limitation, those based on trademark or service mark infringement, trade name infringement, copyright infringement, unfair competition, defamation, unlawful discrimination or harassment, and invasion of privacy. Name _______________________________________ Signature _______________________________________ Date ________________________________________ Item No: 08J Meeting Date: May 24, 2010 Type of Business: CA Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7619 Approving the Computer Technology Use and Access Policies Background: The City’s current Computer Use Policy, dated July 20, 2000, is very outdated and does not address present day technologies. The purpose of having computer and technology policies is to assist in protecting the quality and integrity of the City’s computer systems and to provide employees with standards of behavior when using the computer, email and the internet. Discussion: The Metro-INET group developed a series of computer, Internet and email use policies. Since the City is part of the Metro-INET group, Metro-INET is requesting that all agencies that utilize this shared network adopt the same policies. Attached are the Metro-INET policies, which covers computer use, password policy, email policy and Internet policy. These policies will be communicated to the employees, and each employee would be required to read the policies and sign each policy acknowledging receipt. Recommendation: Staff recommends approving Resolution 7619, approving the Computer Technology Use and Access Policies in accordance with Metro-INET’s policies. Respectfully Submitted, __________________________ Desaree Crane Assistant City Administrator RESOLUTION 7619 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APP ROVING THE COMPUTER TECHOLOGY USE AND ACCESS POLICIES WHEREAS, the City’s current Computer Use Policy, dated July 20, 2000, is very outdated and does not address present day technologies; and WHEREAS, the purpose of having computer and technology policies is to assist in protecting the quality and integrity of the City’s computer systems and to provide employees with standards of behavior when using the computer, email and the internet; and WHEREAS, the Metro-INET group developed a series of computer, password, Internet and email use policies; and WHEREAS, since the City is part of the Metro-INET group, Metro-INET is requesting that all agencies that utilize this shared network adopt the same policies. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council approves the attached Computer Technology Use and Access Policies in accordance with Metro-INET’s policies. Adopted this 24th day of May, 2010. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (seal) Correctiosn made by City Administrator Ericson, Assistant City Administrator Crane, and Community Deve Director Roberts PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 April 26, 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, April 26, 2010, City Council Agenda. 21 22 Council Member Mueller noted the Council was presented with a revised Agenda. The revised 23 agenda added Consent Agenda Item 8B, Schedule a Public Hearing for Monday, May 10, 2010, 24 at 7:05 p.m. for a Conditional Use Permit for an Oversize Garage for the Property Located at 25 7406 Spring Lake Road. 26 27 MOTION/SECOND: Mueller/Hull. To approve the revised agenda as of Monday, April 26, 28 2010 at 10:30 a.m. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 5. PUBLIC INPUT 33 34 Peter Bergstrom, 5133 Irondale Road, asked the Council to add him to the agenda to appeal the 35 storm infiltration basin in his front yard. He indicated he sent emails to the Council and had 36 submitted additional information to the City. 37 38 Mayor Flaherty asked if the City was aware of Mr. Bergstrom’s appeal. Director of Public 39 Works DeBar stated he was made aware of Mr. Bergstrom’s concerns. Staff met with Mr. 40 Bergstrom three weeks ago and discussed where the infiltration basin would be located. The 41 appeal was being made at this time to potentially modify the location or size of the basin. 42 43 Mounds View City Council April 26, 2010 Regular Meeting Page 2 Mayor Flaherty questioned the reason for the appeal at this time. Mr. Bergstrom stated he was 1 appealing for the reason of a hardship. He presented the Council with written documentation 2 explaining his reasoning in detail. 3 4 Mayor Flaherty explained the City needs a certain amount of square footage to comply with Rice 5 Creek Watershed’s standards and he did not know if the City was able to alter or amend the size 6 of this infiltration basin. Director of Public Works DeBar stated the City did not have any 7 additional square footage to spare. He explained to the south of Mr. Bergstrom’s driveway was a 8 low point that spills into the adjacent lake. 9 10 Mr. Bergstrom read through the detailed documentation with the Council to explain the hardship 11 on his lot. He reviewed the current water runoff flow with elevations and reported his lot has 12 received water damage in the past. 13 14 Council Member Mueller indicated Mr. Bergstrom told her he has paid thousands of dollars out 15 of pocket to try to remedy the water situation on his lot. She requested this information be shared 16 with the Council. Mr. Bergstrom noted he was approaching $30,000 in funds spent on drain tile 17 and other expenses to eliminate the seepage flowing into his home. 18 19 Council Member Gunn asked if two smaller infiltration basins might be a better option for this 20 lot versus one large basin. Director of Public Works DeBar stated this was discussed as a 21 possibility and Mr. Bergstrom was in favor of the catch basin on the south side of his lot. The 22 basin on the north side of his lot was not as certain. 23 24 Mr. Bergstrom expressed concern for all water flowing from the north as it flows directly into his 25 basement. The water from the south goes to a channel to the lake. 26 27 Council Member Gunn questioned if the proposed infiltration basin would eliminate the water 28 concerns for the lot. Mr. Bergstrom stated the additional water flow in his lot could continue to 29 run into his basement. He would rather have the water flow past his lot and into the City sewer. 30 31 Mayor Flaherty suggested staff continue to speak with Mr. Bergstrom to reach an alternative 32 solution and report back to Council with additional information at a future meeting. The Council 33 agreed stating this lot did have a hardship due to the current and past water concerns. 34 35 Harvey Kowalzek, 2756 Sherwood Road, stated he wanted the City to fill in the hole in his front 36 yard that was created by the City street project. He invited the Council and staff to view the hole 37 in his yard and stated he would like to have it fixed immediately. Mr. Kowalzek did not want to 38 see excess water flowing into his yard and then into his home. 39 40 Mayor Flaherty noted he had been to Mr. Kowalzek’s property and asked staff what progress was 41 made with the engineers or contractor. Director of Public Works DeBar stated it was still early in 42 the season and noted he would be speaking with the contractor to have the hole rounded out to 43 have it look bettery. He stated Bonestroo was completing a punch list at this time for the projects 44 that were completed last fall. 45 Mounds View City Council April 26, 2010 Regular Meeting Page 3 1 Tom Winiecke, 2748 Sherwood Road stated he has been mowing Mr. Kowalzek’s grass for the 2 past seven years. With the alterations made to the front of his yard, he was not able to maintain 3 the deep hole that the City has created and he requested the City to maintain the right-of-way. 4 5 6. SPECIAL ORDER OF BUSINESS 6 A. Resolution 7609, Proclaiming April 30, 2010, as “Arbor Day.” 7 8 Mayor Flaherty read in full a resolution proclaiming April 30, 2010, as “Arbor Day.” He noted 9 Mounds View has been recognized as a Tree City USA Community for 28 consecutive years. 10 11 MOTION/SECOND: Gunn/Mueller. To Adopt Resolution 7609, Proclaiming April 30, 2010, as 12 “Arbor Day.” 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 B. Proclamation – Building Safety Month – May 2010. 17 18 Clerk-Administrator Ericson explained Building Safety Month is celebrated nationally in the 19 month of May to raise awareness of the need for building safety along with fire prevention codes. 20 Mayor Flaherty read in full a proclamation declaring May, 2010, as “Building Safety Month.” 21 22 MOTION/SECOND: Mueller/Stigney. To Approve a Proclamation Declaring May, 2010, as 23 “Building Safety Month.” 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 7. COUNCIL BUSINESS 28 A. 7:05 p.m. Public Hearing to Consider Resolution 7606, Approving an Interim 29 Use Permit for the Temporary Tent at The Mermaid, 2200 Highway 10. 30 31 Community Development Director Roberts explained that after the completion of the AmericInn 32 Hotel construction and renovation of the existing facility, The Mermaid erected a temporary 33 outdoor membrane structure for banquets and other events. At the time it was first erected, there 34 were no zoning regulations to address such a structure. In 2004, the City adopted new provisions 35 for temporary tent structures in business zoned districts and created an Interim Use Permit (IUP). 36 In March of 2005, the City approved a 5-year IUP for The Mermaid’s tent. The Mermaid has 37 applied for a new IUP in order to continue using the tent. 38 39 Community Development Director Roberts presented the City Code requirements for 40 consideration of an IUP, noting it is the same as the process to consider a Conditional Use Permit 41 (CUP). He noted the City code has eleven different conditions the IUP must meet to be 42 approved. The Mermaid’s tent does meet all conditions at this time and Staff recommends 43 approval for an indefinite period so long as the owner gets the necessary annual permits from the 44 City. 45 Mounds View City Council April 26, 2010 Regular Meeting Page 4 1 Mayor Flaherty opened the public hearing at 7:44 p.m. 2 3 Hearing no public input, Mayor Flaherty closed the public hearing at 7:44 p.m. 4 5 Council Member Gunn asked if the tent required an inspection by the fire department before use. 6 Community Development Director Roberts stated the tent was erected prior to Council approval 7 and a letter was sent to The Mermaid regarding these concerns. He indicated they were notified 8 the permit was going to be discussed at tonight’s meeting and that an inspection by the City 9 would follow. 10 11 Council Member Mueller questioned if the tent would be inspected on a yearly basis after 12 approval of the IUP. Community Development Director Roberts stated this would be the case 13 and that a permit would have to be applied for on a annual basis as well. 14 15 Council Member Mueller asked if the Council could approve the tent permit for another five 16 years versus the indefinite IUP. Community Development Director Roberts explained this would 17 be entirely up to the Council but staff did not object to the tent use at The Mermaid. 18 19 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7606, 20 Approving an Interim Use Permit for the Temporary Outdoor Tent Structure at The Mermaid 21 located at 2200 County Highway 10; Planning Case No. IU2010-001. 22 23 Council Member Mueller asked for an amendment to the motion limiting the length of the 24 Interim Use Permit to five years. 25 26 AMENDMENT MOTION/SECOND: Mueller/Hull. To Revise Resolution 7606, Limiting the 27 Interim Use Permit to Five Years for The Mermaid. 28 29 Council Member Stigney stated he was in favor of limiting the outdoor tent structure permit. 30 31 Mayor Flaherty agreed with limiting the permit to five years versus the indefinite request. 32 33 Mayor Flaherty called for a vote on the Resolution amendment. 34 35 Ayes – 5 Nays – 0 Amendment motion carried. 36 37 Mayor Flaherty called for a vote on the original motion as amended. 38 39 Council Member Stigney asked that The Mermaid setbacks on the tent location be verified 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 B. 7:10 p.m. Public Hearing to Consider Resolution 7607, to Approve an 44 Outdoor Liquor Consumption Endorsement for The Mermaid, 2200 45 Mounds View City Council April 26, 2010 Regular Meeting Page 5 Highway 10. 1 2 Assistant Clerk-Administrator Crane presented the request of The Mermaid for an Outdoor 3 Liquor Consumption Endorsement to allow the sale and consumption of liquor or wine outdoors 4 when service is immediately adjacent to and contiguous with the licensed premises. She advised 5 that The Mermaid currently has an On-sale Intoxicating Liquor License and is constructing a 6 patio located next to the front entrance of the establishment. Assistant Clerk-Administrator 7 Crane stated The Mermaid has met all requirements and this permit would expire June 30, 2010. 8 9 Mayor Flaherty opened the public hearing at 7:56 p.m. 10 11 Hearing no public input, Mayor Flaherty closed the public hearing at 7:56 p.m. 12 13 Council Member Mueller indicated the information provided to Council shows the deck 14 construction has already begun. She questioned if the City has inspected the deck to date. 15 Assistant Clerk-Administrator Crane stated the deck was almost finished and explained the Fire 16 Marshall has been in contact with The Mermaid regarding the occupancy allowed on the outdoor 17 patio. 18 19 Mayor Flaherty stated he did not object to the permit. 20 21 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7607, 22 Approving an Outdoor Liquor Endorsement for The Mermaid located at 2200 Highway 10. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 C. Resolution 7605, Authorizing the Hire of Jaren Zech to the Position of Public 27 Service Officer (PSO). 28 29 Deputy Police Chief Kinney presented staff’s recommendation to hire Jaren Zech to a three-30 fourths non-sworn position of Public Service Officer (PSO) at the step one pay rate according to 31 the AFSCME labor union contract, $12.73 per hour, effective May 3, 2010. This position 32 became open with the resignation of Tyler Martin on January 4, 2010. The Police Civil Service 33 Commission reviewed the eligibility list and recommended Jaren Zech for the position. 34 35 Council Member Stigney asked how the billing for the Public Services Officer would be divided 36 between City departments. Deputy Police Chief Kinney explained two-thirds of his time will be 37 spent with the police department and one-third of the time will be for community development. 38 Community Development Director Roberts explained the budget has allotted 20 hours per week 39 for the police department and 10 hours per week for community development. 40 41 Council Member Mueller questioned if step increases would be expected for this position. 42 Deputy Police Chief Kinney stated this would be expected over time through the Labor 43 agreement. 44 45 Mounds View City Council April 26, 2010 Regular Meeting Page 6 Mayor Flaherty felt this was a valuable position in the City and offered additional code 1 enforcement to the City. 2 3 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7605, 4 Authorizing the Hire of Jaren Zech to the Position of Public Service Officer (PSO). 5 6 Council Member Stigney stated he would be in favor of hiring this position at half time to 7 eliminate the need of paying for benefits. He suggested the City look at this position in a most 8 cost effective manner. 9 10 Ayes – 4 Nays – 1 (Stigney) Motion carried. 11 12 D. First Reading and Introduction of Ordinance 843, an Ordinance Amending 13 Chapters 502 and 503 of the City Code Relating to Liquor Licenses. 14 15 Clerk-Administrator Ericson presented recommended amendments to Chapters 502 and 503 of 16 the City Code relating to liquor licenses that would eliminate confusing or inconsistent 17 provisions and incorporate new legislation. He explained there were substantial changes to the 18 Chapters and all were summarized thoroughly by staff. Staff recommended Council support and 19 to approve the First Reading and Introduction of the Ordinance. 20 21 Council Member Gunn asked why “minor” was changed to person under 21. Attorney Riggs 22 stated “minor” could be understood as a person under 18 and needs to be clarified as a person 23 under 21. He indicated the review of this document was very thorough and greater reflected the 24 most current codes and statutes. 25 26 Mayor Flaherty thanked Staff for the time spent updating and revising the Chapters 502 and 503. 27 He indicated support for setting the Sunday sales of alcohol and food to 12:00 p.m. 28 29 MOTION/SECOND: Mueller/Hull. To Waive the First Reading and Introduce Ordinance No. 30 843, An Ordinance Amending Chapters 502 and 503 of the Mounds View City Code Regarding 31 Business License Regulations. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 E. First Reading and Introduction of Ordinance 842, Flood Plain Regulation 36 Update. 37 38 Community Development Director Roberts explained that the Minnesota Department of Natural 39 Resources (DNR) and Federal Emergency Management Agency (FEMA) have informed the City 40 that it needs to adopt new floodplain regulations by June 4, 2010. This ordinance update is 41 necessary to keep the City and affected properties eligible for federal flood insurance. He noted 42 the last major floodplain regulations were adopted in 1994 and 1996. Approval of this Ordinance 43 would replace Chapter 1301 of the current City Code. Staff recommended Council support and 44 approve the First Reading and Introduction of the Ordinance. 45 Mounds View City Council April 26, 2010 Regular Meeting Page 7 1 Council Member Mueller indicated the letter dated April 20, 2010, stated there may be some 2 changes in FEMA that would apply to manufactured housing in the City. She questioned how 3 the City would pass along this information to the manufactured housing parks. Community 4 Development Director Roberts stated the City did have lists to assure they were in compliance. 5 6 Mayor Flaherty questioned how the City would notify property owners they were now located in 7 a floodplain. Community Development Director Roberts stated this was his next task, to 8 compare the two maps and create a list of affected properties to ensure they were notified. 9 10 MOTION/SECOND: Mueller/Hull. To Waive the First Reading and Introduce Ordinance No. 11 842, An Ordinance Amending Title 1300 of the Mounds View City Code by Repealing all of 12 Existing Chapter 1301 (Flood Plain Zoning) and Adding a New Chapter 1301 (Flood Plain 13 Management) to the City Code. 14 15 Council Member Mueller asked if this Ordinance would be posted on the City’s website. Clerk-16 Administrator Ericson stated the Ordinance would be posted on the website once approved by 17 Council. 18 19 Council Member Mueller requested the floodplain map also be posted on the website for the 20 residents to review. Community Development Director Roberts stated he would have to see if 21 this was possible, given the fact it was a large document. He indicated a link may be created to 22 FEMA with the necessary information. The City did have paper copies of the new map available 23 to residents. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 F. Resolution 7608, Approving Insurance Contribution Adjustment for Non-28 Union Employees. 29 30 Assistant Clerk-Administrator Crane indicated the Council has traditionally awarded the same 31 insurance contribution to all employee groups in order to maintain internal equity. She presented 32 staff’s recommendation for a monthly contribution of $842.20 for all non-union employees, 33 effective January 1, 2010. This is the same contribution in the 2010-2011 Public Works 34 Collective Bargaining Agreement. 35 36 Council Member Mueller asked how many non-union employees would be affected with this 37 increase. Assistant Clerk-Administrator Crane explained there were seven non-union employees. 38 39 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7608, 40 Approving Insurance Contribution Adjustment for Non-Union Employees. 41 42 Mayor Flaherty felt this was the correct and proper thing to do. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council April 26, 2010 Regular Meeting Page 8 1 G. First Reading and Introduction of Ordinance 844, An Ordinance Amending 2 the Mounds View Municipal Code by Changing all References of “Clerk-3 Administrator” to “City Administrator.” 4 5 Clerk-Administrator Ericson reviewed that on March 8, 2010, the Council had adopted 6 Ordinance 841 that revised the City Charter by replacing all instances of “Clerk-Administrator” 7 with “City Administrator.” He explained the ordinance under consideration tonight is needed to 8 effectuate the same change throughout the municipal code. The ordinance was prepared by 9 Kennedy & Graven for the City and was reviewed by staff. The change would be effective 30 10 days after publication of the ordinance. 11 12 Council Member Mueller asked if the Assistant Clerk-Administrator’s title could be changed to 13 Assistant City Administrator at the same time. Clerk-Administrator Ericson stated Council could 14 direct staff to make this change to remain consistent with the City Administrator’s title. 15 16 MOTION/SECOND: Mueller/Hull. To Waive the First Reading and Introduce Ordinance 844, 17 An Ordinance Amending the Mounds View City Code by Changing all Occurrences in the City 18 Code of “Clerk-Administrator” to “City Administrator.” 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 MOTION/SECOND: Mueller/Gunn. To direct staff to change all occurrences in City Code and 23 documentation of “Assistant Clerk-Administrator” to “Assistant City Administrator” and that 24 this be effective May 10, 2010. 25 26 Mayor Flaherty asked how the motion would be published. Clerk-Administrator Ericson stated 27 the motion would be reflected in the minutes; however, if Council preferred staff could draft a 28 Resolution. 29 30 Council Member Mueller felt a Resolution wasn’t necessary as this was a logical change. 31 32 Council Member Stigney was in favor of approving this through Resolution. 33 34 Mayor Flaherty suggested staff bring this back as a Resolution under the Consent Agenda. 35 36 SUBSTITUTE MOTION/SECOND: Mueller/Gunn To direct staff to draft a resolution 37 changing the title of “Assistant Clerk-Administrator” to “Assistant City Administrator” effective 38 May 10, 2010. 39 40 Mayor Flaherty called for a vote on the substitute motion. 41 42 Ayes – 5 Nays – 0 Substitute motion carried. 43 44 Council Member Hull left the Council Chambers. 45 Mounds View City Council April 26, 2010 Regular Meeting Page 9 1 8. CONSENT AGENDA 2 3 A. Licenses for Approval. 4 B. Schedule a Public Hearing for Monday, May 10, 2010, at 7:05 p.m. for a 5 Conditional Use Permit for an Oversize Garage for the Property Located at 6 7406 Spring Lake Road. 7 8 MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as Presented. 9 10 Ayes – 4 Nays – 0 Motion carried. 11 12 Council Member Hull returned to the Council Chambers. 13 14 9. JUST AND CORRECT CLAIMS 15 16 Finance Director Beer answered the Council's questions related to claims. 17 18 MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as Presented. 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 10. APPROVAL OF MINUTES 23 A. March 22, 2010 City Council Meeting Minutes. 24 25 MOTION/SECOND: Gunn/Hull. To approve the March 22, 2010, City Council Meeting 26 Minutes as corrected on Page 1, Line 38, asked that “Sun Times” be changed to “Sun Focus.” 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 11. REPORTS 31 A. Reports of Mayor and Council. 32 33 There were no reports at this time. 34 35 B. Reports of Staff. 36 37 1. Police Department Quarterly Report. 38 39 Deputy Police Chief Kinney presented the Police Department first quarter report. He reviewed 40 several highlights with the Council stating that arrests and calls for service were up in 2010 41 compared to 2009. Theft and fraud continue to be the top crimes in the City. Discussion ensued 42 regarding the concerns of bullying in the City schools. 43 44 Mounds View City Council April 26, 2010 Regular Meeting Page 10 Deputy Police Chief Kinney noted the City hosted a Ramsey County Traffic Safety Saturation 1 Initiative event on March 26, 2010. He indicated 29 officers within the County stopped 400 2 vehicles in an eight hour period in the City and the next event is scheduled for July. It was 3 reported that Officer Greg Neumann was hired February 1, 2010, and is nearing the completion 4 of his field training period. 5 6 Council Member Mueller asked how unwelcomed text messages should be addressed. Deputy 7 Police Chief Kinney indicated the phone carrier should be contacted and immediate threats 8 should be brought to the attention of the police department. 9 10 Council Member Mueller questioned how the slight increase in overtime would be covered by 11 the budget. Deputy Police Chief Kinney stated the Night Cap events would be reimbursed 12 quarterly by the County. 13 14 Mayor Flaherty asked the Chief about the rising instances of arrests. Deputy Police Chief Kinney 15 noted there was more traffic action on behalf of the department which has created more arrests. 16 17 2. Finance Department Quarterly Report. 18 19 Finance Director Beer presented the Finance Department first quarter report. He noted the 20 general fund has taken in 3.6% of the budgeted revenues for the year in the first quarter. The 21 second quarter would see increased revenues due to property taxes. The City would need to 22 maintain a revenue balance until that the property taxes were collected. 23 24 Finance Director Beer explained the Chamber of Commerce has moved and the City was seeking 25 a new tenant. He was not optimistic this space would be filled quickly given the state of the 26 economy. 27 28 Finance Director Beer noted the State Legislature was still in session and the LGA issues have 29 not been resolved. Staff was beginning to plan for the 2011 budget and understood LGA funds 30 would continue to decrease along with the five-year financial plan. He reported the City received 31 a bond increase rating from Moody’s. The street financing plan has been reviewed and the City 32 could complete the City streets by 2015 by combining G and H. 33 34 Council Member Mueller asked if the City had considered offering low interest loans to 35 homeowners to assist with the current financial crisis. Finance Director Beer indicated this 36 would be a risk the City could not take on at this time. Mayor Flaherty agreed that this may not 37 be the best time for the City to assume such a risk and explained there were other organizations 38 available to assist with financial support for homeowners. 39 40 3. Totino’s Italian Kitchen – Voluntary Surrender of Liquor License. 41 42 Assistant Clerk-Administrator Crane advised that Totino’s Italian Kitchen has been delinquent in 43 payment of its liquor sales taxes since September 2009. Non-payment of liquor taxes prevents 44 active liquor establishments from purchasing liquor, beer, or wine to resell. She noted that 45 Mounds View City Council April 26, 2010 Regular Meeting Page 11 Totino’s had requested a payment plan from the Minnesota Department of Revenue, which 1 requested Totino’s to immediately surrender its On-Sale Intoxicating Liquor License. This action 2 occurred on April 21, 2010. Assistant Clerk-Administrator Crane explained that Council action 3 is not required for a voluntary surrender of a liquor license and as soon as Totino’s becomes 4 current on their liquor sales taxes, it will be authorized to re-apply for a liquor license. 5 6 4. Other 7 8 Assistant Clerk-Administrator Crane noted she would be revising the Personnel Policies and 9 Computer Use Policy which was vastly outdated. 10 11 Clerk-Administrator Ericson noted the City of Arden Hills held a jurisdictional TCAAP meeting 12 on April 14, 2010 to provide an update as to the most recent information. He explained the GSA 13 will be holding an online public auction at the end of June or early July for 400+ acres of land 14 and the City of Arden Hills will continue to work on updating their zoning code to address the 15 redevelopment of the site. 16 17 Mayor Flaherty indicated he had attended the meeting and felt it was very informative. He hoped 18 to see mixed use on this site. 19 20 Clerk-Administrator Ericson congratulated the Irondale Winter Drumline as they finished 15th 21 out of 53 drumlines at the 2010 WGI Championships held in Dayton, Ohio. 22 23 Clerk-Administrator Ericson stated he attended the Leadership Forum last week and found the 24 information extremely useful regarding future negotiations. 25 26 Clerk-Administrator Ericson explained the Chamber of Commerce would be moving out this 27 Friday. The Chamber has been a wonderful tenant and the City would seek a new tenant, but 28 noted this would be difficult given the small amount of space available. 29 30 Mayor Flaherty read through a Pay Equity Notice of Compliance that was awarded to the City 31 from the Minnesota Management and Budget Department. He explained that all positions within 32 the City of Mounds View are paid at an equitable wage for the work that is being done. 33 34 C. Reports of City Attorney. 35 36 City Attorney Riggs reported the City adopted resolutions at the last meeting to sell excess 37 property to the Met Council. He noted an as-is purchase agreement was presented to Met 38 Council, and the sale was still pending. 39 40 12. Next Council Work Session: Monday, May 3, 2010, at 7:00 p.m. 41 Next Council Meeting: Monday, May 10, 2010, at 7:00 p.m. 42 Mounds View City Council April 26, 2010 Regular Meeting Page 12 1 13. ADJOURNMENT 2 3 The meeting was adjourned at 9:33 p.m. 4 5 Transcribed by: 6 7 Carla Wirth 8 TimeSaver Off Site Secretarial, Inc. 9 368024v2 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: May 20, 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. Consult with City staff regarding questions about the liquor ordinance. Revise liquor ordinance. Draft ordinance regarding changing "clerk-administrator" references in the City Code to "city administrator". Matters are presently pending. MU125-14: Public Works Matters. Review Sale of Used Equipment Agreement. Consult with Met Council and City staff regarding same. Legal research regarding trade publication requirement for contracts and recent legislation. Consult with City staff regarding same. Consult with City staff regarding street sweeping disposal contract; send contract samples to City staff. Matters are presently pending. MU210-4: Charter Commission. Legal research regarding advocating charter amendment issue. Draft opinion memorandum regarding same. Consult with City staff. 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. Mr. Jim Ericson May 20, 2010 Page 2 368024v2 SJR MU125-11 MU210-111: General Employment Matters. Telephone conference with City staff regarding forestry service contract. Draft independent contractor agreement. Consult with City staff regarding employment matter. Matter is presently pending. MU210-156: Noel David Collis v. City of Mounds View. Review recent status report concerning matter and Plaintiff’s dismissal of the action. Matter may be considered complete. MU210-179: 2009-2010 Street Improvement Project. Review contract documents regarding street improvement project. Consult with City staff, City’s insurance agent and contractor’s insurance agent regarding requested revisions that need to be made to certificate of insurance. Review revised certificates of insurance. Matter is presently pending. MU210-180: Sommers v. City of Mounds View. Review status report and e-mail from the League. Review scheduling order which has been filed with district court. Matter is presently pending. MU210-190: 2010 LELS Arbitration. Consult with City staff regarding arbitration matter. Matter is presently pending. SJR:jms