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HomeMy WebLinkAboutAgenda Packets - 2010/06/28CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, June 28, 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. Annual Public Information Meeting for MS4 SWPPP 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing, to Consider Resolution 7636, to Consider Approval of a Temporary 3.2 On-Sale Liquor License for the Anoka/Blaine Jaycees to Serve Liquor during the Mounds View Festival in the Park on Saturday, August 21, 2010 B. 7:10 p.m. Public Hearing, to Consider a Revision or a Revocation of the Conditional Use Permit for an Outside Sales Operation for Robert’s Sports Bar at 2400 County Road H2 C. Continued Public Hearing, Resolution 7625, 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. Continued Public Hearing, Resolution 7626, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 County Highway 10 E. Resolution 7635, Ratifying the Mounds View Election Judges for the 2010 Primary and General Elections F. Resolution 7637, Resolution of Denial for Second Driveway Access for property at 2832 Woodcrest Drive G. Resolution 7634, Authorization to Advertise and Create an Eligibility List to Fill a Police Officer Position in the Mounds View Police Department H. Resolution 7640, Approving a Construction Contract for 2010 Miscellaneous Concrete Repairs 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7638, Approving Mounds View Business Licenses C. Resolution 7633, a Resolution Approving a Joint Powers Agreement for Development of the North East Metropolitan Area Municipal Network, A Regional Broadband Network Collaborative D. Resolution 7639, Approving Independent Contractor Agreements for 2010 Tree Removals with Upper Cut Tree Services and 4 Seasons Tree Care 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. May 24, 2010, City Council Minutes B. June 14, 2010, Executive Session Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Administrator Report C. Reports of City Attorney 12. Next Council Work Session: Tuesday, July 6, 2010, at 7 p.m. Next Council Meeting: Monday, July 12, 2010, at 7 p.m. 13. ADJOURNMENT CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, June 28, 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. Annual Public Information Meeting for MS4 SWPPP 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing, to Consider Resolution 7636, to Consider Approval of a Temporary 3.2 On-Sale Liquor License for the Anoka/Blaine Jaycees to Serve Liquor during the Mounds View Festival in the Park on Saturday, August 21, 2010 B. 7:10 p.m. Public Hearing, to Consider a Revision or a Revocation of the Conditional Use Permit for an Outside Sales Operation for Robert’s Sports Bar at 2400 County Road H2 C. Continued Public Hearing, Resolution 7625, 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. Continued Public Hearing, Resolution 7626, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 County Highway 10 E. Resolution 7635, Ratifying the Mounds View Election Judges for the 2010 Primary and General Elections F. Resolution 7637, Resolution of Denial for Second Driveway Access for property at 2832 Woodcrest Drive G. Resolution 7634, Authorization to Advertise and Create an Eligibility List to Fill a Police Officer Position in the Mounds View Police Department H. Resolution 7640, Approving a Construction Contract for 2010 Miscellaneous Concrete Repairs City Council Agenda Monday, June 28, 2010 Page 2 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7638, Approving Mounds View Business Licenses C. Resolution 7633, a Resolution Approving a Joint Powers Agreement for Development of the North East Metropolitan Area Municipal Network, A Regional Broadband Network Collaborative D. Resolution 7639, Approving Independent Contractor Agreements for 2010 Tree Removals with Upper Cut Tree Services and 4 Seasons Tree Care 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. May 24, 2010, City Council Minutes B. June 14, 2010, Executive Session Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Administrator Report C. Reports of City Attorney 12. Next Council Work Session: Tuesday, July 6, 2010, at 7 p.m. Next Council Meeting: Monday, July 12, 2010, at 7 p.m. 13. ADJOURNMENT Item No: 6A Meeting Date: June 28, 2010 Type of Business: Special Order of Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Annual Public Information Meeting for MS4 SWPPP Background/Discussion: The City is required to have a public information meeting each year to present and solicit feedback regarding it’s Storm Water Pollution Prevention Program (SWPPP). The SWPPP is a requirement of the Municipal Separate Storm Sewer System (MS4) general permit. This permit is mandated by the federal regulations under the Clean Water Act and administered by the Minnesota Pollution Control Agency. The MS4 permitting program gives owners or operators of municipal separate storm sewer systems approval to discharge stormwater to lakes, rivers and wetlands in Minnesota. An overview of the MS4 program is attached to this report. The SWPPP is available for review on the City’s webpage and printed copies are available for review at the Public Works counter at City Hall. The MS2 general permit also requires completion of a reporting form and is typically due on June 30 each year. The annual public meeting was advertised in the legal section in the May 20th, 2010 edition of the Sun- Focus. Recommendation: Staff encourages input and feedback from Council and citizens on the City’s SWPPP and stormwater issues in general. No official motion or action is required by the Council for this meeting. Respectfully submitted, Nick DeBar - Public Works Director Attachment: • Municipal Stormwater Program – An Overview (MPCA) Municipal Stormwater Program An Overview wq-sw1-04 • April 2008 Minnesota Pollution Control Agency • 520 Lafayette Rd. N., St. Paul, MN 55155-4194 • www.pca.state.mn.us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-sw1-04 he Municipal Separate Storm Sewer System (MS4) general permit is mandated by the federal regulations under the Clean Water Act and administered by the Minnesota Pollution Control Agency. The MS4 permitting program gives owners or operators of municipal separate storm sewer systems approval to discharge stormwater to lakes, rivers and wetlands in Minnesota. Environmental harm Urban stormwater frequently contains litter, oil, chemicals, toxic metals, bacteria, and excess nutrients, like nitrogen and phosphorous. Polluted stormwater contributes to swimming-beach closings, fish-eating advisories, excess algae growth and poor water clarity in urban water resources, especially lakes. In addition to human effects, poorly managed urban stormwater can drastically alter the natural flow and infiltration of water, scour stream banks and harm or eliminate aquatic organisms and ecosystems. The primary goal of the MS4 general permit is to improve water quality by reducing pollutants in stormwater discharges. Specifically, the program aims to ensure proper management of stormwater discharges into waters of the state. Defining MS4s In general terms, MS4s are publicly owned or operated stormwater infrastructure, used solely for stormwater, and which are not part of a publicly owned wastewater treatment system. Examples of stormwater infrastructure include curbs, ditches, culverts, stormwater ponds and storm sewer pipes. Common owners or operators of MS4s include cities, townships and public institutions. The MS4 general permit focuses on reducing the pollution that enters these public systems and discharges to wetlands, streams and lakes (“waters of the state”). Owners and operators of MS4s which are required to get a permit are created in one of three ways: By federal rule, 40 CFR § 122.34 (a) and (b) (the Clean Water Act), state rule (Minnesota Rules Chapter 7090), or by public petition to the Minnesota Pollution Control Agency. By federal rule, stormwater systems in urban areas are labeled Mandatory MS4s. In addition to these, Minnesota added other stormwater systems (Designated MS4s) to the list. These MS4s are only added if the stormwater system is located in an urban area that meets the criteria established in the State Rule for population and discharge points. The number of MS4s in Minnesota is growing as urban areas expand. As of April 2008, there were 243 MS4s in Minnesota. Public Process After a term of five years, the MS4 general permit is improved and revised, if necessary, and re-issued. Public comment T Municipal Separate Stormwater Sewer System (MS4) Program Overview • wq-sw1-04 • March 2008 page 2 is encouraged before the re-issuance of new MS4 general permits and before the creation of new MS4s. In addition, the public is asked each year to share its opinion on plans the owner or operator of their local MS4 has made to manage stormwater. These opinions are shared at local meetings required by the permit. Requirements of the MS4 General Permit All owners or operators of MS4s are required to satisfy the requirements of the MS4 general permit; Minneapolis and St. Paul are required to meet customized individual permits, which are similar but which contain additional requirements. Basically, the MS4 general permit requires the MS4 operator or owner to create a Stormwater Pollution Prevention Program with six important components: 1. Public education and outreach, which includes teaching citizens about better stormwater management 2. Public participation: Include citizens in solving stormwater pollution problems. This includes a required public annual meeting and an annual report. 3. A plan to detect and eliminate illicit discharges to the stormwater system (like chemical dumping and wastewater connections) 4. Construction-site runoff controls 5. Post-construction runoff controls 6. Pollution prevention and municipal “good housekeeping” measures, like covering salt piles and street-sweeping. Reducing Stormwater Pollution The MS4 general permit is a requirement, but also a tool in the hands of city, township and county officials who want to improve the quality of lakes and rivers that receive their stormwater discharges. MS4 administrators have can improve the quality of life for their citizens by protecting and restoring local water quality. Citizens served by an MS4 are invited to encourage the owner or operator (normally their city, township or county) to tackle stormwater pollution problems, but the responsibility for water quality is not left in the hands of public officials. Public and private spaces contribute to urban stormwater pollution. While MS4 administrators control the public sources of stormwater pollution, it’s ultimately in the hands of private citizens to change the way they do small things that will have a dramatic effect on the quality of their favorite fishing spot or swimming beach. Simple Steps for Better Water Quality You can make simple changes to reduce stormwater pollution and improve the quality of your local lake or river by following these tips: • Fertilize established lawns with phosphorous-free fertilizer and don’t overspray fertilizer into the street. • Rake leaves and sweep grass clippings away from curbs. Clean curbs mean clean water. • When you wash your car or truck, direct water onto your lawn to soak up soap. • Find attractive alternatives to large, impervious driveways and sidewalks. • Direct your home’s gutters onto your lawn. Water that doesn’t make it to the curb can’t carry pollutants to lakes and streams. Detailed Information For more detailed information about the MS4 general permit or for further information about reducing stormwater pollution, please visit the MPCA stormwater program Web site: www.pca.state.mn.us/stormwater Item No: 07A Meeting Date: June 28, 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: Public Hearing, Resolution 7636, a Resolution to Approve a Temporary On-Sale 3.2 Malt Liquor License for the Anoka/Blaine Jaycees to Serve Liquor during the Mounds View Festival in the Park on August 21, 2010 Background: In accordance with §503.03 of the Mounds View City Code, temporary 3.2 Malt Liquor Licenses may be issued to a club, charitable, religious or non-profit organization for not more than two (2) consecutive days. The Anoka/Blaine Jaycees are a non-profit organization that is requesting to serve liquor during the Mounds View Festival in the Park on August 21, 2010. A public hearing is required for all liquor licenses, and this public hearing was published in the City’s official newspaper. Discussion: The Mounds View Festival in the Park Committee approved the Anoka/Blaine Jaycees to serve liquor during the Mounds View Festival in the Park, contingent on City Council approval of a temporary liquor license. All applications, fees and liquor liability insurance have been submitted. Staff submitted a background check on the member of the Anoka/Blaine Jaycees responsible for the liquor and management of the liquor distribution. The background check returned as satisfactory from the Minnesota Bureau of Criminal Apprehension (BCA). Anoka/Blaine Jaycees have served liquor at surrounding festivals to include the Blazin’ 4th in Blaine and festivals in Isanti. Staff contacted the cities of Blaine and Isanti, and Staff received no negative reports on Anoka/Blaine Jaycees. Members of the Anoka/Blaine Jaycees will be present at this meeting to answer any questions you may have in regard to management, security and distribution of liquor during the Mounds View Festival in the Park. Recommendation: Staff recommends approval of a temporary On-Sale 3.2 Malt Liquor License for the Anoka/Blaine Jaycees to serve liquor on August 21, 2010, during the Mounds View Festival in the Park, located at Mounds View City Hall Park. Respectfully Submitted, ___________________________ Desaree Crane Assistant City Administrator RESOLUTION 7636 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving a Temporary On-Sale 3.2 Malt Liquor License for the Anoka/Blaine Jaycees to Serve Liquor During the Mounds View Festival in the Park on August 21, 2010 at Mounds View City Hall Park WHEREAS, in accordance with §503.03 of the Mounds View City Code, temporary 3.2 Malt Liquor Licenses may be issued to a club, charitable, religious or non-profit organization for not more than two (2) consecutive days.; and WHEREAS, Anoka/Blaine Jaycees are a non-profit organization that is requesting to serve liquor during the Mounds View Festival in the Park on August 21, 2010; and WHEREAS, the Mounds View Festival in the Park Committee approved the Anoka/Blaine Jaycees to serve liquor during the Mounds View Festival in the Park, contingent on City Council approval of a Temporary On-Sale 3.2 Malt Liquor License; and WHEREAS, all City of Mounds View liquor licenses must be approved by the City Council; and WHEREAS, staff has reviewed all application materials; and WHEREAS, staff recommends approval of temporary On-Sale 3.2 Malt Liquor License to the Anoka/Blaine Jaycees to serve liquor during the Mounds View Festival in the Park on Saturday, August 21, 2010. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve a Temporary On-Sale 3.2 Malt Liquor License to the Anoka/Blaine Jaycees to serve liquor during the Mounds View Festival in the Park on Saturday, August 21, 2010. Adopted this 28th day of June, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07C Meeting Date: June 28, 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: Continued Public Hearing, Resolution 7625, a Resolution to Consider an On Sale Intoxicating Liquor License for Robert’s Sports Bar and Entertainment, located at 2400 County Road H2 Background: In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. This public hearing was originally scheduled for the July 14, 2010, City Council Meeting, but was postponed because Staff did not receive the application materials and fees. At the June 14, 2010, City Council Meeting, the City Council opened the hearing for public comment, and no public comments were made. Discussion: Robert’s Sports Bar and Entertainment did submit the city liquor license application during the June 14, 2010, City Council Meeting. Fees, Certificate of Liability Insurance and the background check application were received on Friday, June 18, 2010. Staff checked with Ramsey County Property Tax Records, and this property is up to date on property tax payments. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny the application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Robert’s Sports Bar and Entertainment. Staff submitted a background check application on the owner of Robert’s Sports Bar and Entertainment to the Minnesota Bureau of Criminal Apprehension (BCA), and received a satisfactory background check back from BCA on Thursday, June 24, 2010. Attached are the police calls for your reference. City Billing (Mounds View Finance Department) The Finance Department issued an unsatisfactory report. Robert’s Sports Bar and Entertainment owes the City $1,610.69 for a past due utility bill and another $639.00 for attorney fees associated with the Conditional Use Permit for outdoor sales. In accordance with §502.04, subd. 2a of the City Code: “No intoxicating liquor or wine license shall be granted for operation on any premises on which taxes, assessments, utility bills or other financial claims of the City are delinquent or unpaid. “ Staff contacted Robert’s Sports Bar and Entertainment (Floyd Halverson) on June 22, 2010 to inform the establishment of this delinquency. Staff was informed by Mr. Floyd Halverson that the owner (Kevin Halverson), is aware of what is owed, and that the City should “…take it up with the owner. That is between the City and Kevin Halverson.” Staff further informed Mr. Floyd Halverson that this delinquency will have to be reported to the City Council and this delinquency may jeopardize their liquor license renewal. Again, Mr. Floyd Halverson stated to Staff that this was between Mr. Kevin Halverson and the City and not him. Staff has tried numerous attempts to contact Mr. Kevin Halverson, and no contact has been made. Item 07C June 28, 2010 City Council Meeting Page 2 Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has issued an unsatisfactory report for Robert’s Sports Bar and Entertainment. Attached is the inspection report from the Fire Marshal. Recommendation: The City Council could either not renew the liquor license due to the delinquency and failed fire inspection or renew the license contingent on full payment of utility bill, attorney fees, and a satisfactory fire inspection by a deadline set by the City Council. If delinquencies are not paid, and no corrections have been made since the last fire inspection by the deadline, then the City Council could choose to suspend or revoke the liquor license at a later City Council Meeting. If the City Council wishes to approve the liquor license renewal, then the license period would be from July 1, 2010 to June 30, 2011. Respectfully Submitted, ___________________________ Desaree Crane Assistant City Administrator RESOLUTION 7625 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an On-Sale Intoxicating Liquor License for Robert’s Sports Bar and Entertainment Located at 2400 County Road H2 WHEREAS, Robert’s Sports Bar and Entertainment’s Intoxicating Liquor License expires June 30, 2010; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff has reviewed all application materials; and WHEREAS, staff recommends approval of Roberts Sports Bar and Entertainment On-Sale Intoxicating Liquor License contingent on full payment of their utility bill, full payment of attorney fees associated with a Conditional Use Permit (CUP) on file with the City, and a satisfactory fire inspection by __________________. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale Intoxicating Liquor License to Roberts Sports Bar and Entertainment for the period of July 1, 2010 to June 30, 2011, contingent on full payment of their utility bill, full payment of attorney fees owed to the City in accordance with a CUP on file, and a satisfactory fire inspection by ____________________. NOW, THEREFORE, BE IT FURTHER RESOLVED, that if full payment is not made on their utility bill and attorney fees, and a satisfactory fire inspection is not completed by ____________________ then these may be grounds for Suspension or Revocation under §502.16 of the Mounds View City Code. Adopted this 28th day of June, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07D Meeting Date: June 28, 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: Continued Public Hearing, Resolution 7626, a Resolution to Consider an On Sale Intoxicating Liquor License for The Mermaid, located at 2200 County Highway 10 In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. This public hearing was originally scheduled for the July 14, 2010, City Council Meeting, but was postponed because Staff did not receive the application materials and fees. At the June 14, 2010, City Council Meeting, the City Council opened the hearing for public comment, and no public comments were made. Discussion: The Mermaid did submit the city liquor license application materials and fees on June 21, 2010. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny the application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for The Mermaid. Staff submitted a background check application on the owner of The Mermaid to the Minnesota Bureau of Criminal Apprehension (BCA) on June 22, 2010, and have not received a background check from the BCA. This liquor license will be contingent on receiving a satisfactory background check. Attached are the police calls for your reference. City Billing (Mounds View Finance Department) The Mermaid is up to date on payment of all utility bills. However, The Mermaid currently owes money for the first half of 2010 property taxes in the amount of $121,987, and for Sewer Availability Charge (SAC) fees for the outdoor patio in the amount of $4,200. In accordance with §502.04, subd. 2a of the City Code: “No intoxicating liquor or wine license shall be granted for operation on any premises on which taxes, assessments, utility bills or other financial claims of the City are delinquent or unpaid. “ The Mermaid is aware of these delinquencies. Fire Inspection (Mounds View Fire Marshal) The City’s Fire Marshal has issued an unsatisfactory report for The Mermaid. Attached is the inspection report from the Fire Marshal. Recommendation: The City Council could either not renew the liquor license due to the delinquencies and failed fire inspection or renew the license contingent on full payment of all outstanding fees, a satisfactory background check from the BCA, and a satisfactory fire inspection at a Item 07D June 28, 2010 Page 2 Recommendation - Continued: deadline set by the City Council. If corrections are not made by the deadline, then the City Council could choose to suspend or revoke the liquor license at a later City Council Meeting. If the City Council wishes to approve the liquor license renewal, then the license period would be from July 1, 2010 to June 30, 2011. Respectfully Submitted, ___________________________ Desaree Crane Assistant City Administrator RESOLUTION 7626 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an On-Sale Intoxicating Liquor License for The Mermaid Located at 2200 County Highway 10 WHEREAS, The Mermaid’s Intoxicating Liquor License expires June 30, 2010; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff has reviewed all application materials; and WHEREAS, staff recommends approval of The Mermaid’s On-Sale Intoxicating Liquor License contingent on a satisfactory background check with the Minnesota Bureau of Criminal Apprehension (BCA), full payment of their property taxes and Sewer Availability Charge Fee (SAC) fee by ____________, and a satisfactory fire inspection by __________________. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale Intoxicating Liquor License to The Mermaid for the period of July 1, 2010 to June 30, 2011, contingent on a satisfactory background check with BCA, full payment of property taxes and SAC fees by ___________________, and a satisfactory fire inspection by ____________________. NOW, THEREFORE, BE IT FURTHER RESOLVED, that if full payment is not made to the delinquencies above by _______________, and a satisfactory fire inspection is not completed by ____________________ then these may be grounds for Suspension or Revocation under §502.16 of the Mounds View City Code. Adopted this 28th day of June, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07E Meeting Date: June 28, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Assistant City Administrator Item Title/Subject: Resolution 7635 Ratifying the Mounds View Election Judges for the 2010 Primary and General Election Background: State law requires that election judges for the Primary and General Elections be appointed by the municipal governing body. Resolution 7316 contains a finalized list of election judges for the 2010 Primary Election (August 10, 2010), and the General Election (November 2, 2010). Discussion: Election Judges perform many duties including opening and closing the polling place, distribute ballots to residents, responsible for election materials, obtain results after polls are closed, register and sign-in voters, and certify election results at the polling place. Minimum requirements for being an Election Judge for Mounds View are: • Be at least 18 years of age • Be a citizen of the United States • Be able to read, write and speak English • Be eligible to vote in Minnesota • Not be related to any candidate at this election. The City currently has trained enough judges for the Primary Election and General Election. Recommendation: Approve the appointment of election judges for the 2010 Primary and General Election. Respectfully submitted, __________________________ Desaree M. Crane Assistant City Administrator RESOLUTION 7635 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RATIFYING THE APPOINTMENT OF ELECTION JUDGES FOR THE 2010 PRIMARY AND GENERAL ELECTION WHEREAS, the City of Mounds View is required by law to hold a Primary and General Election; and WHEREAS, all proposed election judges listed on the attached sheet have met all of the State qualifications for the position of election judge. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby ratify the appointments of the individuals listed in the attachment. BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View authorizes the City Administrator to appoint additional election judges should there be a need. Adopted this 28th day of July, 2010. ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, City Administrator (seal) 2010 ELECTION JUDGES 2010 PRIMARY AND GENERAL ELECTION PAGE 1 OF 2 NAME Ahles, Marilyn Ahlstrom, Jane Amundsen, Brian Biltonen, Gladys Bosard, Joan Boyer, Chris Bulmer, Nancy Carlson, Sherril Cermak, Shawn Cermak, Theresa Christ, Lillian Cramer, Ken Croon, Sharon Cuddigan, Robert Dreshar, Judy Enga, Judith Erickson, Rita Fisher, Susan Foss, Irene Groberg, Dawn Herdecker, Midge Hodges, Don Houle, Helen Johnson, Jacqueline Johnson, Marilyn Johnson, Roger Kudebeh, Anne Kudebeh, Darrell Little, Joshua Maciona, Gerald MacRunnels, Kathleen Martin, Susan Miller, Jim Mitchell, Susan Norton, Arlene Norton, Ladean Partridge, Glenn Renshaw, Barbara Rielley, Deb Robinson, Patricia Sandell, Leonard Schlichtmann, Alice Schuldt, Janet Shoberg, Don Sims, Connie 2010 ELECTION JUDGES 2010 PRIMARY AND GENERAL ELECTION PAGE 2 OF 2 NAME Skrbich, Barbara Stage, Jeanine Steiner, Annette Strauss, Janet Strivers, Marlene Thompson, Anita Thorson, Linda Tietz, Marlys Toy, Betty Toy, Boy Urbanski, William Vasilakes, Jake Vasilakes, Patti Wick, Pat Wright, Jean York, Carol Item No: 7G Meeting Date: June 28, 2010 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Deputy Police Chief Item Title/Subject: Resolution 7634, Authorization to Advertise and Create an Eligibility List to Fill a Police Officer Position Background: The Mounds View Police Civil service eligibility list for Police Officer is no longer current, and the police department anticipates an additional opening on July 31, 2010 due to a retirement of a current police sergeant. The purpose of this staff report is to seek approval to create an active Civil Service eligibility list for police officer and seek approval to begin the process to hire a police officer to fill the future vacancy. This most recent vacancy will reduce the number of sworn officers to 17 from the department authorized strength of 19 officers. Discussion: The police officer position is an essential public safety position within the city, and ideally, having a replacement officer in place, ready to hire, at the time of retirement of the current officer is critical to maintaining uninterrupted continuity of policing services in the city. Delaying the replacement of this patrol officer position will result in a reduction of police service, and could result in additional expenses in terms of overtime cost to backfill the vacancy. Significant cost savings will be realized with the hire of a new police officer who would likely start at the step one rate of pay at $20.70/hour, when compared to the step five rate of the patrol sergeant being replaced at $37.83/hour. Upon comparing the annual wages of each position, a savings of $35,630 is achieved for the first year. The cost of advertising and holding a written exam is minimal, as the expense of the written exam administered is passed on to the applicant in the form of a test fee payable upon the examination date. The process of hiring a police officer is anticipated to take approximately three months, so in order to have an eligibility list for hire at the time of retirement the process will need to be started as soon as practical. The Mounds View Police Civil Service Commission has approved the process for hiring a police officer for the current opening. The commission also approved the dissolution of the old eligibility list at a previous meeting and favors the establishment of a new eligibility list by advertising and moving forward with the hiring process. This begins with advertising to fill the positions. Minnesota rules, 6700.0700 set legal requirements for selection standards for peace officers, and The State of Minnesota Peace Officer Standards and Training Board regulates the procedures for hiring a peace officer. The required hiring process has several steps including: Item 07G June 28, 2010 City Council Meeting Page 2 1. Advertisement of positions 2. Police Civil Service Testing (written exam) 3. Interviews of applicants 4. Scoring of written tests and interviews 5. Final selection of candidates 6. Psychological Examination of selected candidates 7. Test of physical strength and agility to measure job related skills 8. Medical examination by a licensed physician 9. Candidate fingerprints to be sent to the BCA and FBI for clearance. 10. Applicants are checked to confirm they have successfully completed all training and licensing examinations. 11. Applicants must submit to a thorough background investigation including searches by local, state, and federal agencies. 12. Final appointment Recommendation: I recommend approval be granted to advertise for a Police Officer Position to create a current eligibility list and authorization be granted to hire one replacement police officer for a retiring police officer. Respectfully Submitted, __________________ Thomas Kinney Deputy Police Chief RESOLUTION NO. 7634 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZATION TO ADVERTISE AND CREATE AN ELIGIBILITY LIST TO FILL A POLICE OFFICER POSITION WHEREAS, an opening will exist for a police officer position due to the resignation of Sgt. Mike Kampa and WHEREAS, the Mounds View Police Civil Service Commission decided to dissolve the old eligibility list and create a new current eligibility list for a police officer position; and WHEREAS, in order to establish a new list the City of Mounds View must advertise for the hiring of a new police officer; and WHEREAS, to maintain adequate patrol coverage for the public safety of the community, the timely replacement of a police officer will ensure proper coverage is provided and will avoid interrupting the continuity of functional police operations; and WHEREAS, the replacement officer shall be hired from the new Civil Service eligibility list; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that approval is granted to advertise and create a new eligibility list for the position of police officer for the City of Mounds View and approval is granted for the filling of the police officer vacancy by hiring an officer consistent with the hiring rules of the Mounds View Police Civil Service Commission. Adopted this 28th day of June 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ Jim Ericson, City Administrator (seal) Item No: 7H Meeting Date: June 28, 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 7640, Awarding a Construction Contract for the 2010 Miscellaneous Concrete Repairs Background: Each winter the City experiences breaks in the water distribution system. Much of the City’s watermain is located in turfed boulevard areas, however, excavating to repair the breaks often requires removal of concrete curbing, driveways, and hot-mixed asphalt to provide safe trenches. Restoration of the damaged curbing, pavement, sidewalk, turf, etc. is typically performed the following spring/summer. Public Works typically handle all the restoration except concrete repairs. Of the 11 break locations, only two require concrete repairs. One location (8132 Long Lake Road) requires minor work involving constructing concrete curb and gutter. The other location (2612 County Road I) requires significantly more work. The County Road I repair was the location of the New Year’s Eve watermain break that leaked approximately 1.2 million gallons and drained the water tower and a portion of the ground reservoir, leaving the entire City with low water pressure. Discussion: A quote proposal package was prepared by Public Works and distributed to five local concrete contractors to submit quotes. Quotes were received by four of the five and ranged from $15,362.50 to $25,925.76. However, the lowest three quotes only had a difference of $984.50. The low quote was submitted by Neeck Construction, Inc. of Minneapolis, MN. A quote summary is attached to this report. Monies for the concrete repairs caused by water system breaks are funded under the street repairs account of the water enterprise fund (700-4823-5140). The adopted 2010 budget has $10,000 in this account, which is under the low quote amount of $15,362.50. The restoration of the watermain break on County Road I is much more significant than those in the past since the road is concrete and Ramsey County requires specific measures in the repair. In addition, one-half of the concrete driveway entrance to Mounds View Square also needs replacement. Based upon the more complex repair and the tight range of the lowest three quotes, Public Works believes the quote amount is appropriate. If awarded, Neeck Construction is interested in completing the work as soon as their schedule permits. The contract documents require that all work be substantially complete by July 31, 2010 and ready for final payment by August 15, 2010. Recommendation: Staff recommends that the City Council consider adopting Resolution 7640 that will award the construction contract for $15,362.50 to Neeck Construction, Inc. of Minneapolis, Minnesota for the 2010 Miscellaneous Concrete Repairs. In addition, it is recommended that the City Council consider adding a 10% construction contingency to the authorized amount for minor work associated with unknowns that could occur during construction. This contingency would add an additional $1,536 (10%x$15,362.50) to the $15,362.50 for a grand total authorized amount not to exceed $16,898.50. Resolution 7640 Awarding Construction Contract for 2010 Miscellaneous Concrete Repairs June 28, 2010 Page 2 Respectfully submitted, Nick DeBar Public Works Director Attachments: Summary of Quotes Resolution 7640 (Project Manual available upon request to PW Director) 1 NEECK CONSTRUCTION, INC. (MINNEAPOLIS, MN) $15,362.50 2 STEVE ZEBRO CEMENT CO. (MOUNDS VIEW, MN) $ 15,790.00 3 MIDWEST CONCRETE SPECIALTIES, INC. (ROSEMOUNT, MN) $ 16,347.00 4 JOHN DALNES MASONRY (NEW BRIGHTON, MN) $25,925.76 *CORRECTED QUOTES ARE ITALIZIED SUMMARY OF QUOTES 2010 MISCELLANEOUS CONCRETE REPAIRS CITY PROJECT NO. 2010-00I QUOTE DUE DATE: JUNE 24, 2010 CONTRACTOR NAME (CITY, STATE) RANK LOW TO HIGH QUOTE PRICE AMOUNT RESOLUTION 7640 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AWARDING A CONSTRUCTION CONTRACT FOR THE 2010 MISCELLANEOUS CONCRETE REPAIRS TO NEECK CONSTRUCTION WHEREAS, the City experiences water system breaks that damage concrete infrastructure that requires the City to contract with concrete contractors to repair; and WHEREAS, there were two watermain break locations during the 2009/2010 winter season that require concrete repairs to be made; and WHEREAS, the City prepared a project manual for the concrete repair work in accordance with industry standards; and WHEREAS, the City solicited and received four quotes ranging from $15,362.50 to $25,925.76 by contractors to perform the repair work; and WHEREAS, Neeck Construction, Inc. of Minneapolis, Minnesota submitted the lowest responsible quote in the amount of $15,362.50; and WHEREAS, monies for street repairs caused by water system breaks have been planned for and are included in the adopted 2010 Budget under Water Infrastructure and Equipment Maintenance (700-4823-5140). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The City hereby accepts the quote proposal of $15,362.50 submitted by Neeck Construction, Inc. of Minneapolis, Minnesota for the 2010 Miscellaneous Concrete Repairs. 2. City Staff is authorized to prepare a construction contract agreement between the City of Mounds View and Neeck Construction, Inc. in the amount of $15,362.50. 3. Upon satisfactory review 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 a construction contract agreement with Neeck Construction, Inc. (City Project No. 2010-001). 4. Payment for construction of the 2010 Miscellaneous Concrete Repairs shall be funded by the Water Enterprise Fund account (700-4823-5140) in an amount not to exceed $16,898.50, which includes a 10% construction contingency for minor work associated with unknowns that could occur during construction. Adopted this 28th day of June, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (SEAL) Item No: 08A Meeting Date: June 28, 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. Fireside Hearth & Home HVAC Renewal Liberty Comfort Systems, Inc. HVAC Renewal Recommendation: Approve license applications as requested. Item No: 08B Meeting Date: June 28, 2010 Type of Business: CA Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Assistant City Administrator Item Title/Subject: Resolution 7638 Approving Mounds View Business Licenses All City of Mounds View business licenses will expire on June 30, 2010. Staff is recommending that the Council approve business licenses for the businesses listed in Resolution 7638 contingent upon the City’s receipt of the appropriate fees, applications, proof of insurance and satisfactory reports from the appropriate departments and organizations. Respectfully Submitted, ________________________ Desaree M. Crane Assistant City Administrator RESOLUTION 7638 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution Approving Business Licenses for 2010-2011 WHEREAS, all City of Mounds View Business Licenses expire June 30, 2010; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of the business licenses for the businesses listed in Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve business licenses for the businesses listed in Exhibit A contingent upon the City’s receipt of the appropriate fees, application materials, proof of insurance and satisfactory reports from the Ramsey County Health Department and the Fire Marshal. NOW, THEREFORE, BE IT FURTHER RESOLVED that the time period for these licenses will be from July 1, 2010 to June 30, 2011. Adopted this 28th day of June, 2010 Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (seal) EXHIBIT A Local Company License Local Address Ace Solid Waste, Inc Garbage and Rubbish Hauler License Anoka, MN Allied Waste Systems Garbage and Rubbish Hauler License Circle Pines, MN Aspen Waste Systems, Inc. Garbage and Rubbish Hauler License Minneapolis, MN Big Top Discount Liquors Cigarette and Tobacco License 2577 Highway 10 Burger King #4116 Restaurant License 2651 County Rd I Caribou Coffee Restaurant License 2585 Highway 10 Carlson, William Neitz, Georganne Residential Kennel License 8041 Long Lake Rd CVS Pharmacy #5999 Cigarette and Tobacco License 2800 County Road 10 Dominos Pizza Restaurant License 2548 Highway 10 Fedor's Market Cigarette and Tobacco License 5491 Adams St. North Holiday Gasoline License 2732 Highway 10 Holiday Cigarette and Tobacco License 2732 Highway 10 Keith Krupenny & Son Garbage and Rubbish Hauler License West St. Paul, MN KFC #Y067042 Restaurant License 2213 Highway 10 Little Caesars Restaurant License 2581 Highway 10 Moe’s Amusement Devices and Centers License 2400 Highway 10 Moe’s Restaurant License 2400 Highway 10 Mounds View Best Steak House Restaurant License 2555 Highway 10 Long John Silvers/Taco Bell Restaurant License 2219 Highway 10 Mounds View BP, Inc. Cigarette and Tobacco License 2155 Highway 10 Mounds View BP, Inc. Gasoline License 2155 Highway 10 McDonald's Restaurant License 2201 Highway 10 Pink Flower Vietnamese Restaurant Restaurant License 2563 Highway 10 R.J. Riches Restaurant Restaurant License 2145 Highway Avenue Randy's Sanitation Garbage and Rubbish Hauler License Delano, MN Ray Anderson & Sons Co. Inc. Garbage and Rubbish Hauler License St. Paul, MN Robert's Sports Bar and Entertainment Amusement Devices and Centers License 2400 County Road H2 Robert's Sports Bar and Entertainment Restaurant License 2400 County Road H2 Saturn of St. Paul (Motor Trend) Automobile Sales License 2375 Highway 10 Local Company License Local Address Seehafer, Wayne Residential Kennel License 8009 Red Oak Drive Sham-O-Jets Kennels Commercial Dog Kennel 7700 Long Lake Stern, Craig and Karen Residential Kennel License 2317 Hillview Road SuperAmerica #4264 Cigarette and Tobacco License 2640 County Road I SuperAmerica #4264 Gasoline License 2640 County Road I Subway Restaurant License 2546 Highway 10 Taiko Sushi Bar Restaurant License 2394 Highway 10 The Mermaid (Arcade) Amusement Devices and Centers License 2200 Highway 10 The Mermaid Restaurant License 2200 Highway 10 The Mermaid Bowling License 2200 Highway 10 Totino’s Italian Kitchen Restaurant License 2535 Highway 10 Tobacco View Cigarette and Tobacco License 2359 Highway 10 The Station Gasoline License 2280 County Rd I The Station Cigarette and Tobacco License 2280 County Rd I Wynnsong 15 Amusement Devices and Centers License 2430 Highway 10 Twin City Refuse Garbage and Rubbish Hauler License St. Paul, MN VASKO Solid Waste Garbage and Rubbish Hauler License 309 Como Avenue Veit Corporation Garbage and Rubbish Hauler License ogers, MN Veolia ES Garbage and Rubbish Hauler License St. Paul, MN View Market (aka Sam’s Market) Cigarette and Tobacco License 2408 County Rd I Vino & Stogies (to include the Cigar Shop) Cigarette and Tobacco License 2345 County Road H2 Walgreens #06447 Cigarette and Tobacco License 2387 Highway 10 Walter's Recycling and Refuse Garbage and Rubbish Hauler License ircle Pines, MN Waste Management of Minnesota Garbage and Rubbish Hauler License laine, MN EXHIBIT A 1 JOINT POWERS AGREEMENT FOR DEVELOPMENT OF THE NORTH EAST METROPOLITAN AREA MUNICIPAL NETWORK, A REGIONAL BROADBAND NETWORK COLLABORATIVE The parties to this agreement are governmental units of the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, Section. 471.59. I. GENERAL PURPOSE The general purpose of this agreement is to provide for an organization through which the parties may jointly and cooperatively provide for the development and operations of advanced networking and data services for the use and benefit of the parties and others. To the extent permitted by law, the Members will support the establishment of the network and seek to expand the number of participating agencies. II. DEFINITION OF TERMS Section 1. For the purposes of this agreement, the terms defined in this article shall have the meanings given them. Section 2. "North East Metropolitan Area Municipal Internetworking Collaborative" means the organi- zation created pursuant to this agreement, which organization is hereafter referred to as "METRO-INET" Section 3. "Board" means the Board of Directors of METRO-INET, consisting of one director from each governmental unit which is a member of METRO-INET. Section 4. "Council" means the governing body of the member governmental unit. Section 5. "Member" means a governmental unit which enters into this agreement and is at the time involved, a party in good standing. Section 6. "Governmental unit" means any city, township, independent public safety organization, watershed district, or other political subdivision of the State of Minnesota. III. MEMBERSHIP Section 1. Any governmental unit is eligible to be a member of METRO-INET. Section 2. A governmental unit desiring to be a member shall execute a copy of this agreement and shall pay the established charges. Section 3. The initial members shall be those members who have an established joint powers agreement with the City of Roseville - Minnesota on or prior to December 31, 2009. 2 Section 4. Governmental units joining METRO-INET after January 1, 2010, shall be admitted only upon the favorable vote of two-thirds of the members of the board. The board may impose conditions upon the admission of members other than the initial members. IV. GOVERNANCE Section 1. METRO-INET shall be governed by a Board consisting of the manager/administrator of the Member, as defined. Each member shall be entitled to one director, who shall have one vote. Section 2. Each member shall also be entitled to one alternate director consisting of an appointed official, who shall be entitled to attend meetings of the board and who may vote in the absence of the member’s director. Section 3. There shall be no voting by proxy, but all votes must be cast in person at board meetings by the director or his alternate. Section 4. Change of the director or alternate director requires notice of such appointment to METRO- INET in writing. Such notice shall include the mailing address of the persons so appointed. The names and addresses shown on such notices will be used as the official names and addresses for the purposes of giving any notices required by this agreement or by the bylaws of METRO-INET. Section 5. A majority of the votes of the members shall constitute a quorum of the board. Section 6. At the first meeting of the board and in April of each even numbered year after 2010, the board shall elect from its directors a Chair, a vice-chair and a secretary-treasurer. Section 7. At the organizational meeting, or as soon thereafter as it may reasonably be done, the board shall adopt bylaws governing its, procedures including the time, place and frequency of its regular meetings. Such bylaws may be amended from time to time. V. MEETINGS AND ELECTION OF OFFICERS Section 1. Any governmental unit desiring to enter into this agreement may do so by, the duly authorized execution of a copy of this agreement by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the agreement, together with a certified copy of the authorizing resolution or other action, with the city manager of the City of Roseville. The resolution authorizing the execution of the agreement shall also designate the first director and alternate for the member. The agreement shall become effective when it has been authorized by five (5) governmental units and when executed copies from such governmental units, together with certified copies of the authorizing resolutions, have been duly filed asset out herein. Within thirty (30) days after the effective date of this agreement, the manager of the City of Roseville shall call the first meeting of the board, which shall be held not later than fifteen days after the notice has been delivered. Section 2. A director (or their alternate) shall not be eligible to vote on behalf of his governmental unit during the time that such governmental unit is in default on any contribution to METRO-INET or on any contract with it. During the existence of such default, the vote or votes of such governmental unit shall not be counted as eligible votes for the purposes of this agreement; If a governmental unit remains in default for a period of more than 45 days on any billing from METRO-INET, the membership of such governmental unit may be terminated by a majority vote of the Board. 3 Section 3. Special meetings of the board may be called (a) by the chair, (b) by the executive committee or (c) by the executive committee upon the written request of a majority of the directors. Five days' written notice of special meetings shall be given to the directors and alternates. Such notice shall include the agenda for the special meeting. Section 4. The specific date, time and location of regular and special meetings of the board shall be determined by the executive committee. Section 5. Notice of regular meetings of the board shall be given to the directors and alternates by the secretary-treasurer of the board at least fifteen (15) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the board need not be limited to matters set forth in the agenda. VI. POWERS AND DUTIES OF THE BOARD Section 1. The powers and duties of the board shall include the powers set forth in this article. Section 2. It shall take such action as it deems necessary and appropriate to accomplish the general purposes of the organization including the establishment of data processing and information systems, en- gaging in the development and implementation of the necessary programs therefore, acquiring any necessary site, purchasing any necessary supplies, equipment and machinery, employing any necessary personnel and operating and maintaining any systems for the handling of data processing and management information for the members and for others. Any of the foregoing activities, or any other activities authorized by this agreement, may be accomplished by entering into contracts, leases or other agreements with others, whenever the board shall deem this to be advisable. Section 3. The board shall designate a member to serve as operations and fiscal agent of METRO-INET. The agent shall be responsible for the management of the affairs of METRO-INET including the power to make contracts as it deems necessary to make effective any power to be exercised by METRO-INET pursuant to this agreement; to provide for the prosecution and defense or other participation in actions or proceedings at law in which it may have an interest; to employ such persons as it deems necessary to accomplish its duties and powers on a full-time, part-time or consulting basis; to conduct such research and investigation as it deems necessary on any matter related to or affecting the general purposes of the organization; to acquire, hold and dispose of property both real and personal as the board deems necessary; and to contract for space, materials, supplies and personnel either with a member or with a number of members or elsewhere. Section 4. It may establish and collect charges for its services to members and to others. Section 5. It may accept gifts, apply for and use grants, or use property from the state, or any other governmental units or organizations and may enter into agreements required in connection therewith and may hold, use and dispose of such moneys or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. Section 6. It shall establish the annual budget for the organization as provided in this agreement. Section 7. It shall make its data processing and management information systems available to its members, subject to reasonable charges for the development and processing thereof. 4 Section 8. It may exercise any other power necessary and incidental to the implementation of its powers and duties. VII. OFFICERS Section 1. The officers of the board shall consist of a chair, a vice-chair and a secretary-treasurer who shall be elected at the regular annual meeting of the board held in even numbered years after 2010. New officers shall take office at the adjournment of the annual meeting of the board at which they are elected. Section 2. A vacancy shall immediately occur in the office of any officer upon his resignation, death or upon his ceasing to be an employee of his member governmental unit. Upon vacancy occurring in any office, the executive committee shall fill such position until the next meeting of the board. Section 3. The three officers shall all be members of the executive committee. Section 4. The chair shall preside at all meetings of the board and the executive committee. The vice- chair shall act as chair in the absence of the chair. Section 5. The secretary-treasurer shall be responsible for keeping a record of all of the proceedings of the board and executive committee. Section 6. The fiscal agent shall be responsible for custody of all funds, for the keeping of all financial records of the organization and for such other matters as shall be delegated to him by the board. Any persons may be engaged to perform such services under his supervision and direction, when authorized by the board. He shall post a fidelity bond or other insurance against loss of organization funds in an amount approved by the board, at the expense of the organization. VIII. EXECUTIVE COMMITTEE Section 1. The board shall have an executive committee consisting of the three officers as defined in Section VII, one director, and the fiscal and operating agent, all of whom shall be elected at the annual meetings of the board held in even numbered years after 2010. Vacancies of members on the executive committee may be filled by the board of directors at any regular or special meeting. Section 2. The executive committee may adopt bylaws governing its own procedures, which shall be subject to this agreement, the bylaws of the board, and any resolutions or other directives of the board. Section 3. A quorum at a meeting of the executive committee is three (3). Section 4. The executive committee shall meet at the call of the chair or upon the call of any two other members of the executive committee. The date and place of the meeting shall be fixed by the person or persons calling it. At least forty-eight (48) hours advance written notice of such meeting shall be given to all members of the executive committee by the person or persons calling the meeting. Such notice, however, may be waived by any or all members who actually attend the meeting or who give written waiver of such notice for a specified meeting. Section 5. The executive committee shall have the following duties; (a) It shall exercise the powers and perform the duties delegated to it by the board of directors subject to such conditions and limitations as may be imposed by the board. 5 (b) It shall cause to be prepared a proposed annual budget each year which shall be submitted to the board of directors at least thirty days before the annual meeting. (c) It shall present a full report of its activities at each regular meeting of the board. Section 6. It shall have authority to fix charges for the use of the programs and facilities of METRO- INET, both as to members and nonmembers consistent with policies and guidelines established by the board. IX. FINANCIAL MATTERS Section 1. The fiscal year of METRO-INET shall be the calendar year. Section 2. An annual budget shall be adopted by the board at the annual meeting in April of each year. Copies shall be mailed, promptly thereafter, to the chief administrative officer of each member. Such budget shall be deemed approved by the member unless, prior to October 1st of the year involved, the member gives notice in writing to the METRO-INET secretary-treasurer that it is withdrawing from the organization. Section 3. The board shall have authority to fix cost sharing charges for all members in an amount sufficient to provide the funds required by the budgets of the organization. It shall advise the chief administrative officer of each member, on or before April 1 of each year, of the amounts of such charges. Section 4. Billings for all charges shall be made by the fiscal agent and shall be due when rendered. Any member whose charges have not been paid within 45 days after billing shall be in default and shall not be entitled to further voting privileges nor to have its director hold any office nor to use any METRO-INET facilities or programs until such time as no longer in default. In the event that such charges have not been paid within 45 days after such billing, the membership of such governmental unit may be terminated by a majority vote of the Board. In the event of a bona fide dispute between the member and the board as to the amount which is due and payable, the member shall nevertheless make such payment in order to preserve its status as a member, but such payment may be made under protest and without prejudice to its right to dispute the amount of the charge and to pursue any legal remedies available to it. Section 5. The charges of METRO-INET shall be divided, for cost sharing purposes, into three classes; (a) Class 1 Charges. These charges shall be made to cover the organization's general, administrative and operational expenses not falling within Classes 2 and 3. Class 1 charges shall be made as fixed monthly, quarterly or annual membership dues. They shall be determined annually by the board of directors. They shall not be retroactively applied to new members. (b) Class 2 Charges. These charges shall be made to cover the costs of design and development of computer programs and systems and other capital costs. The initial members of METRO- INET shall pay such portion of the Class 2 charges as shall be established by the board, provided that the board shall attempt in good faith to pro rate such Class 2 charges among the members in as equitable a manner as possible, giving consideration among other things, to anticipated use of the programs, systems and facilities of the organization. Any new members joining METRO-INET after January 1, 2010, shall pay a prorated share of the accumulated Class 2 charges which have been charged to or incurred by all members, as computed by the board on the same formula as for initial members as the price of membership; and such charges, when paid by such new members, shall be apportioned among the then existing members in cash or credit on unpaid or future billings in proportion 6 to the Class 2 charges which such existing members have thus far paid or incurred. (c) Class 3 Charges. These charges shall be to cover the costs of system operation and maintenance in serving members (and others) on a “as requested" basis. The amount of such charges shall be determined by the board and such amounts shall be computed on the basis of the actual workload utilized by each member. Class 3 charges shall not be retroactively applied to new members. Section 6. It is anticipated that certain members may be in a position to extend special financial assistance to METRO-INET in the form of grants, or other in-kind payments including use of facilities or other infrastructure deemed beneficial to METRO-INET. The board may credit any such in-kind payment against any charges which the granting member would otherwise have to pay. The board may also enter into an agreement, as a condition to any such grant, that it will credit all or a portion of such grant towards charges which have been made or in the future may be made against one or more specified members. X. ADMINISTRATOR Section 1. The fiscal and operating agent of the board shall be designated as the administrator of the board. Section 2. The fiscal and operating agent shall designate an employee of their agency to serve as the Administrator. XI. WITHDRAWAL Section 1. Any member may at any time give written notice of withdrawal from METRO-INET. The nonpayment of charges as set forth herein, and the refusal, or declination of any member to be bound by any obligation to the organization shall also constitute notice of withdrawal. (a) Actual withdrawal shall not take effect for a period of forty-five (45) days from the date of such notification. (b) Upon effective withdrawal the member shall continue to be responsible for all of its prorated share of any unpaid Class 2 obligations and for its share of Class 1 charges in accordance with Chapter IX. Section 2. A member withdrawing from membership at a time when such withdrawal does not result in dissolution of the organization shall forfeit its claim to any assets of the organization except that it shall have access to any software developed for its use while it was a member in accordance with and subject to the provisions of Article XIII, Section 5, Paragraph (b). XII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) a sufficient number of members withdraws from the organization to reduce the total number of members to less than five (5), or (b) by two-thirds vote of all members of the board. Section 2. In the event of dissolution the board shall determine the measures necessary to affect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit and subject to the provisions of this agreement. Section 3. Upon dissolution the remaining assets of METRO-INET, after payment of all obligations, shall 7 be distributed among the then existing members in proportion to their contributions, as determined by the board J \ provided that computer software prepared for such members shall be available to them, subject to such reasonable rules and regulations as the board shall determine. Section 4. If, upon dissolution, there is an organizational deficit such deficit shall be charged to and paid by the members on a pro rata basis, based upon the Class 1, 2 and 3 charges incurred by such members during the two years preceding the event which gave rise to the dissolution. XIII. DURATION This agreement shall continue in effect indefinitely until terminated in accordance with its terms. ________________________________________ Joe Flaherty, Mayor City of Mounds View ________________________________________ James Ericson, City Administrator City of Mounds View Item No. 8.C. Meeting Date: June 28, 2010 Type of Business: Council Consent City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7633 Approving a Joint Powers Agreement for Development of the North East Metropolitan Area Municipal Network, A Regional Broadband Network Collaborative Background: The City is a member of the Metro I-Net user’s group. This group was formed thru collaboration with the City of Roseville for sharing Information Technology (IT) services. The purpose of the group was to provide a forum for the users to discuss and receive information on the shared use of the institutional network and other IT services. The group also has discussed ways in which we could further share services to reduce IT costs. The group consists of 17 cities, 1 township, and 2 service agencies. There are several other benefited agencies and groups. (NSCC, NSAC, State of MN, County GIS, County Sheriff, County Library, and ISD 623) Discussion: The City Council discussed this JPA at the June 7, 2010 work session and Council direction was to move forward with approving the JPA. This will formalize the Metro I-net Group. The Metro I-Net group has been discussing how to formalize the group to better leverage the size of the group. A sub-group studied other organizations that perform in a similar ways, to develop a Joint Powers Agreement (JPA) and the attached JPA is a product of those other organization’s agreements. This would be similar in nature to our JPA with the Ramsey County GIS users group. The draft document has been reviewed by the North Saint Paul City Attorney and the Roseville City Attorney. By formalizing the group, it will provide a governance structure that will give the sponsoring entities more control over the activities and shared costs of the group. If the Council does not wish to be a member of the JPA there are provisions that would allow the City to be a customer but not a voting member. Recommendation: Resolution 7633 is attached along with the Joint Powers Agreement for Council approval. Respectfully Submitted, Mark Beer RESOLUTION NO. 7633 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A JOINT POWERS AGREEMENT FOR DEVELOPMENT OF THE NORTH EAST METROPOLITAN AREA MUNICIPAL NETWORK, A REGIONAL BROADBAND NETWORK COLLABORATIVE WHEREAS, a number of North East suburban municipalities and other governmental entities share network and technology services as part of a group collaboration; and WHEREAS, this group has been informally known as the “METRO-INET” User’s Group; and WHEREAS, to enable the group to leverage its size, the group established a sub-group to study and develop a Joint Powers Agreement; and WHEREAS, membership in the group will provide the City formal input on group direction and budgetary issues; and WHEREAS, the City has realized financial savings by being a member of the group and will continue to benefit from technology and network services that save time and improve services while reducing costs to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that the City does hereby adopt Resolution 7633, approving a Joint Powers Agreement for Development of the North East Metropolitan Area Municipal Network, A Regional Broad Band Network Collaborative and authorizes the Mayor and City Administrator to sign the attached Joint Powers Agreement. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Administrator and the Finance Director will represent the City pursuant to sections 1 and 2 of the joint powers agreement as director and alternate. Adopted this 28th day of June 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Administrator (seal) Item No: 8D Meeting Date: June 28, 2010 Type of Business: Consent Agenda Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 7639, Reauthorizing Contract Agreements for 2010 Tree Removals with Upper Cut Tree Services and 4 Seasons Tree Care Background: As part of the Urban Forestry activities, the City removes trees on public property (rights-of-way and parkland) that pose hazardous conditions to the public. Some common hazards from these trees include dead trees or branches, located too close to roadway or too overgrown making traffic signs difficult to see or interfering with vehicles, and miscellaneous tree defects from improper growth, lightning strikes, etc. Diseased trees on public property are also removed as part of Chapter 605, Tree Disease Control, of the Municipal Code. Private property owners are also required to remove any trees infected with Dutch Elm Disease or Oak Wilt. If the trees are not removed in a timely manner, the City will remove the diseased tree and invoice the private property owner for the removal costs. The City contracts with licensed tree contractors to perform the above tree removals. Separate contracts are typically given for tree removals with good vehicular access (boulevard, front yard, parks, etc.) and without good vehicle access (back yards, etc.). Removal costs are based upon tree diameter at 4.5 feet off the ground. Quotes were solicited in March 2009 and contracts were approved by the Council on March 23, 2009 (Res. 7424) for 2009 tree removals as follows: Tree Locations Without Vehicular Access: Upper Cut Tree Services - $23/dia.-in. (0 up to 28.5 in.), $33.50/dia.-in. (28.5 in. up to 40 in.) Tree Locations With Vehicular Access: 4 Seasons Tree Care - $15/dia.-in. (0 up to 35 in.) and $25/dia. inch (35 in. up to 40 in.) Discussion: The contract agreements for the 2009 tree removals expired on December 31, 2009. City staff has recently discussed tree removal pricing for 2010 with Upper Cut Tree Services and 4 Seasons Tree Care. Both contractors are amenable to reauthorizing contract agreements for 2010 tree removals without any increase in 2009 unit prices. The City has favorable past experience with each contractor, and each has licensed arborists on staff and possess the equipment and ability to perform the work. Recommendation: Staff recommends that the City Council consider adopting Resolution 7639 reauthorizing contract agreements with Upper Cut Tree Services and 4 Seasons Tree Care for 2010 tree removals. Tree removal costs are budgeted for 2010 under 100-4380-3630 for $28,000. Respectfully submitted, Nick DeBar - Public Works Director Attachments: • Resolution 7639 • Independent Contractor Agreements RESOLUTION 7639 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING INDEPENDENT CONTRACTOR AGREEMENTS FOR 2010 TREE REMOVALS WITH UPPER CUT TREE SERVICES AND 4 SEASONS TREE CARE 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, tree removals are necessary to avoid hazardous conditions to the public and to control spreading of tree disease as part of Chapter 605 of the Municipal Code; and WHEREAS, quote proposals were solicited in 2009 from contractors for tree removals in areas with and without vehicular access; and WHEREAS, the lowest responsible quotes were received by Upper Cut Tree Services for tree removals in locations without vehicular access and 4 Seasons Tree Care for tree removals in locations with vehicular access; and WHEREAS, the City entered into independent contractor agreements with Upper Cut Tree Services and 4 Seasons Tree Care for 2009 tree removals on March 23, 2009 (Res. 7424); and WHEREAS, the terms for 2009 tree removal independent contractor agreements ended on December 31, 2009; and WHEREAS, Upper Cut Tree Services and 4 Seasons Tree Care have agreed to renew independent contractor agreements with the City of Mounds View for 2010 tree removals without any increase in unit prices; and WHEREAS, independent contractor agreements have been prepared for the 2010 tree removals between the City and Upper Cut Tree Services and 4 Seasons Tree Care with contract terms ending December 31, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The contract with Upper Cut Tree Services for 2009 tree removals in locations without vehicular access is hereby renewed for 2010 tree removals. 2. The contract with 4 Seasons Tree Care for 2009 tree removals in locations with vehicular access is hereby renewed for 2010 tree removals. 3. The Mayor and City Administrator are hereby authorized and directed, for and on behalf of the City, to execute and enter into an independent contractor agreements dated June 28th, 2010 with Upper Cut Tree Services and 4 Seasons Tree Care upon satisfactory review by the City Attorney. Adopted this 28th day of June, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (SEAL) 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS 1 INDEPENDENT CONTRACTOR AGREEMENT FOR 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS THIS AGREEMENT is made on the 28th day of June 2010, between the CITY OF MOUNDS VIEW (“City”), a Minnesota municipal corporation, whose business address is 2401 Highway 10, Mounds View, MN 55112, and UPPER CUT TREE SERVICES (“Contractor”), whose business address is 8841 167th Lane, Forest Lake, MN 55025. 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 Contractor shall furnish any and all supplies, tools, equipment, materials and incidentals necessary for the Contractor’s performance under this Agreement at his/her/its own expense. The City and the Contractor agree that the Contractor shall not at any time or in any manner represent that the Contractor or any of the Contractor’s agents or employees are in any manner agents or employees of the City. 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 services for tree removals in public and private property locations without good vehicular access to trees (backyards, etc.) on behalf of the City. The Contractor shall perform the work in accordance with the specifications set forth in Exhibit A of this Agreement. The Contractor has become familiar with and is satisfied as to the general nature of the work and typical site conditions that may affect cost, progress, and performance of the work. 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 tree removal services on a per tree basis with unit prices based upon tree diameter measured at 4.5 feet above existing ground level as follows: Tree Dia. (in.) Unit Price 0 up to 28.5 in. $23/dia.-in. 28.5 to 40 in. $33.50/dia.-in. Over 40 in. Negotiable 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. 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS 2 4. Contract Time for Completion. The Contractor’s services for removing trees will be completed within 20 calendar days after the date indicated on each work order, with stump removal and restoration within 10 calendar days thereafter. The Contractor recognizes that time is of the essence of this Agreement and that City may suffer financial loss if the services are not completed within the times specified. An extension of time for completion may be granted by the City for excusable delays beyond the control of the Contractor. 5. Term. The term of this Agreement shall be from the date indicated above until December 31, 2010 unless first terminated in accordance with this Agreement. 6. 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. 7. Subcontractors. The Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. 8. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 9. Indemnification. The Contractor agrees to defend, indemnify and hold the City, its officials, employees, agents and contractors 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, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of the Contractor fully to perform, in any respect, all obligations under this Agreement. 10. 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. 11. 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. 12. General Liability Insurance. The Contractor shall maintain adequate insurance with limits acceptable to the City to protect him/her/itself and the City from claims and liability for injury or damages to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its policy. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is in effect. 13. 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. 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS 3 14. Governing Law. The laws of the State of Minnesota shall control this Agreement. 15. 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. 16. 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. UPPER CUT TREE SERVICES By: _________________________________ Its: _________________________________ CITY OF MOUNDS VIEW By: _________________________________ Joe Flaherty Its: Mayor By: _________________________________ Jim Ericson Its: City Administrator 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS 4 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) Mounds View Project No. 2009-005 EXHIBIT A Technical Specifications 2010 TREE REMOVALS WITH VEHICULAR ACCESS 1 INDEPENDENT CONTRACTOR AGREEMENT FOR 2010 TREE REMOVALS WITH VEHICULAR ACCESS THIS AGREEMENT is made on the 28th day of June 2010, between the CITY OF MOUNDS VIEW (“City”), a Minnesota municipal corporation, whose business address is 2401 Highway 10, Mounds View, MN 55112, and 4 SEASONS TREE CARE, INC. (“Contractor”), whose business address is 26884 153rd Street, Pierz, MN 55364. 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 Contractor shall furnish any and all supplies, tools, equipment, materials and incidentals necessary for the Contractor’s performance under this Agreement at his/her/its own expense. The City and the Contractor agree that the Contractor shall not at any time or in any manner represent that the Contractor or any of the Contractor’s agents or employees are in any manner agents or employees of the City. 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 services for tree removals in public and private property locations with good vehicular access to trees (right-of-ways, front yards, parks, etc.) on behalf of the City. The Contractor shall perform the work in accordance with the specifications set forth in Exhibit A of this Agreement. The Contractor has become familiar with and is satisfied as to the general nature of the work and typical site conditions that may affect cost, progress, and performance of the work. 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 tree removal services on a per tree basis with unit prices based upon tree diameter measured at 4.5 feet above existing ground level as follows: Tree Dia. (in.) Unit Price 0 up to 35 in. $15/dia.-in. 35 to 40 in. $25/dia.-in. Over 40 in. Negotiable 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. 2010 TREE REMOVALS WITH VEHICULAR ACCESS 2 4. Contract Time for Completion. The Contractor’s services for removing trees will be completed within 20 calendar days after the date indicated on each work order, with stump removal and restoration within 10 calendar days thereafter. The Contractor recognizes that time is of the essence of this Agreement and that City may suffer financial loss if the services are not completed within the times specified. An extension of time for completion may be granted by the City for excusable delays beyond the control of the Contractor. 5. Term. The term of this Agreement shall be from the date indicated above until December 31, 2010 unless first terminated in accordance with this Agreement. 6. 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. 7. Subcontractors. The Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. 8. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 9. Indemnification. The Contractor agrees to defend, indemnify and hold the City, its officials, employees, agents and contractors 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, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of the Contractor fully to perform, in any respect, all obligations under this Agreement. 10. 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. 11. 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. 12. General Liability Insurance. The Contractor shall maintain adequate insurance with limits acceptable to the City to protect him/her/itself and the City from claims and liability for injury or damages to persons or property for all work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its policy. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is in effect. 13. 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. 2010 TREE REMOVALS WITH VEHICULAR ACCESS 3 14. Governing Law. The laws of the State of Minnesota shall control this Agreement. 15. 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. 16. 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. 4 SEASONS TREE CARE, INC. By: _________________________________ Its: _________________________________ CITY OF MOUNDS VIEW By: _________________________________ Joe Flaherty Its: Mayor By: _________________________________ Jim Ericson Its: City Administrator 2010 TREE REMOVALS WITH VEHICULAR ACCESS 4 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) Mounds View Project No. 2009-005 EXHIBIT A Technical Specifications Revised as of June 28, 2010 at 130pm; Corrections made by Community Development Director Roberts and Assistant City Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 May 24, 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, May 24, 2010, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, May 24 , 2010, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Tom Winiecki, 2748 Sherwood Road, thanked the Council along with the Streets and Utilities 30 Commissioner for completing the intersection at Groveland and Sherwood Road. He indicated 31 his front yard still needed some work and asked how long he and his neighbors would have to 32 wait on this issue. 33 34 Director of Public Works DeBar stated a punch list was created to complete the natural gas 35 coverage and an Xcel Energy contractor would be addressing these concerns yet this spring. 36 37 Pat Stampfle, 7074 Knollwood Drive, stated he purchased a security system for his home from 38 Apex four or five years ago, which was then bought out by Pinnacle Security. New equipment 39 was brought and installed in his home and this past March by Pinnacle. He has since tried to 40 cancel his services with Pinnacle and was told he was locked into a 39 month contract. After 41 completing some research, he contacted the Attorney General and she was looking into the 42 concerns. Mr. Stampfle read through a letter sent to Pinnacle Security by the Attorney General’s 43 office. The conduct of Pinnacle is in question and wanted to warn the residents of the City to be 44 aware of the dishonest behavior of the salesman. 45 Mounds View City Council May 24, 2010 Regular Meeting Page 2 1 Mayor Flaherty thanked Pat for bringing this information to the City and encouraged residents to 2 request to see a City permit from any solicitor in the City. All those approved to sell in Mounds 3 View will have a permit with them at all times. 4 5 6. SPECIAL ORDER OF BUSINESS 6 A. 2009 Audit Presentation by Aaron Nielsen, CPA, Principal – Malloy, 7 Montague, Karnowski, Radosevich, & Co., P.A. 8 9 Aaron Nielsen, CPA with Malloy, Montague, Karnowski, Radosevich & Co., introduced himself 10 to the Council and reviewed the 2009 year-end audit in detail. Mr. Nielsen reviewed the 11 management report under the audit summary stating the audit was offering a clear and unbiased 12 opinion to the City. He further discussed the taxable income trends over the past 10 years. The 13 average tax rate was below the 2008 rate and below the state-wide averages. 14 15 Mr. Nielsen stated the overall financial position of the City at the end of 2009 was great. The 16 2009 budget was only off by $101,000 as revenues were under-budget by $320,000. Expenses 17 were reduced in 2009 by $65,000. The City has posted positive equity for 2009 and the net 18 assets increased over the year. He reviewed several accounting updates the Council should 19 expect to be implemented in 2011 and with that asked the Council for any questions or 20 comments. 21 22 Council Member Stigney asked if the public safety expenses included both the police and fire 23 department. Mr. Nielsen explained both entities were included in the public safety expenditures. 24 25 Mayor Flaherty thanked Mr. Nielsen for the report, along with the entire Finance Department for 26 the great work completed for the City. 27 28 B. Senator Betzold and Representative Tillberry Speak to the City Council 29 about the 2010 State Legislative Session 30 31 Representative Tillberry updated the Council as to what occurred in the 2010 legislative session. 32 He stated the session did end on time and the budgetary deficit was the main concern. A 33 balanced approach had to be taken because the State could not spend or cut its way out of the 34 deficit. Instead, the State needed to reduce, reform and create additional revenue. 35 36 Representative Tillberry explained many of the previous unallotments were held even after the 37 Supreme Court decision given the time frame. The deficit situation will remain to be difficult as 38 payment delays were approved and would carry over to the next session. A special session was 39 not looked upon favorably. He indicated that in the end as the state continues to reduce and 40 reform governmental expenditures the budget situation will be easier to balance. In addition, as 41 revenues continue to increase through income taxes this would assist with the deficit. 42 43 Senator Betzold thanked the Council for their time and stated the legislative session was 44 extremely busy. The Senate looked at passing a job bill, a more strict DWI initiative, along with 45 Mounds View City Council May 24, 2010 Regular Meeting Page 3 reforming the State’s pension funds. He explained that the budget has been imbalanced due to a 1 reduction in sales and income taxes. After much time and discussions, the governor signed off 2 on a balanced budget. Several of the K-12 bills were pushed into the next session. 3 4 Council Member Mueller questioned how the legislature was working to increase the number of 5 jobs in the State. Representative Tillberry indicated the jobs bill was fully funded and would 6 create 20,000 jobs. He further reviewed the changes made to the K-12 bill with the Council 7 explaining he chaired the Education Committee. Senator Betzold added that the capital 8 investment bonding bill approved $600 million worth of projects in the State that would create 9 jobs throughout the state. 10 11 Council Member Mueller asked what purpose was served by the birth defect database for the 12 State of Minnesota. Representative Tillberry noted this was Representative Murphy’s bill and he 13 recalled this bill would allow the State to greater transfer vital medical information. A concern 14 on this bill would be privacy and stipulations were added through amendments. 15 16 Council Member Mueller thanked Representative Tillberry for recognizing the City of Mounds 17 View as a Crown Community in 2009. 18 19 Council Member Stigney asked for comments on the recent articles in the Pioneer Press 20 regarding contribution plans and defined benefit plans. Both Senator Betzold and Representative 21 Tillberry had not read the article. Council Member Stigney presented each with a copy. 22 23 Senator Betzold indicated he chaired the Pensions Commission and this has been an ongoing 24 concern. The Senate made an amendment on the floor to turn all pension funds to defined 25 contribution plans. This is a multi-billion dollar issue. Actuaries were now reviewing the issue 26 and further discussion would take place at the next session. 27 28 Representative Tillberry understood that a defined benefits plan would lock the members into a 29 contract and he was looking forward to further discussions next session. 30 31 Mayor Flaherty observed the bonding bill would create jobs but felt there was not stay-ability or 32 longevity with the jobs created. He agreed with many of the line item vetoes from the governor. 33 The budget deficit was extremely difficult to tackle this year and commended them both on their 34 work for the State. 35 36 Council Member Gunn asked why school districts were always the first to be cut. Representative 37 Tillberry stated this was a great question, and explained the K-12 budget discussions were 38 difficult and he agreed the school district did see most of the first cuts. The governor did have a 39 lot of power over the budget and felt this was not benefiting the state. Senator Betzold indicated 40 the Senator’s are not taking a position to cut K-12 but when 50% of the budget is education, it 41 creates a real challenge. School districts do not have the ability to levy so each has to work with 42 the funding provided. He explained the economy is going to turn around which will provide a 43 shift in the current trend. 44 45 Mounds View City Council May 24, 2010 Regular Meeting Page 4 7. COUNCIL BUSINESS 1 A. 7:05 p.m. Public Hearing to Review and Consider Resolution 7612, Adopting 2 the Five Year Financial Plan for the Years 2011 through 2015. 3 4 Finance Director Beer stated City Charter, Chapter 7.05 requires that a five year financial plan be 5 prepared annually. It must be presented at a public hearing and adopted by motion or resolution. 6 The City Council reviewed the plan at the May 3rd work session. This five year plan should be 7 considered a work-in-progress and a guide for Council and Staff to make longer range decisions. 8 As new information becomes available and conditions change we can update the components to 9 determine the longer range affect. 10 11 The Five Year Plan is a blueprint for future years and is only one possible scenario. It is intended 12 to be changed as priorities change and more current information becomes available. Finance 13 Director Beer explained he did update the street improvement plan information as it would be 14 completed ahead of schedule. A deficit was shown for each of the five years and noted work 15 would need to be done to balance the financial plan. Staff welcomed Council comments or 16 questions. 17 18 Mayor Flaherty opened the public hearing at 8:13 p.m. 19 20 Hearing no public input, Mayor Flaherty closed the public hearing at 8:13 p.m. 21 22 Council Member Hull asked why the Street Improvement Levy was increased for years 2014 and 23 2015. Finance Director Beer explained the TIF District 1 capacity comes back on line in 2014. 24 In addition, $800,000 was saved because the project would be completed ahead of schedule. 25 26 Council Member Hull questioned how this would affect the residents in 2014 and 2015. Finance 27 Director Beer anticipated the residents would still see a tax decrease due to the fact the TIF 28 district was decertifying. 29 30 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7612, 31 Adopting the Five Year Financial Plan for the Years 2011 through 2015. 32 33 Council Member Stigney explained the plan was not “set in stone” and suggested a long-term 34 approach be taken with more realistic increases. He stated he would not support the plan. 35 36 Ayes – 4 Nays – 1 (Stigney) Motion carried. 37 38 B. 7:10 p.m. Public Hearing for the Introduction and First Reading of 39 Ordinance 845, a Zoning Code Amendment to Chapter 1112, B-1 40 Neighborhood Business District, adding Thrift Store and Other Additional 41 Permitted Uses. 42 43 Planning Associate Heller indicated Dawn Huffman has applied to the City for a zoning code text 44 amendment to add “thrift store” as a permitted use in the B-1, Neighborhood Business district. 45 Mounds View City Council May 24, 2010 Regular Meeting Page 5 She wants the City to make this change so she may open a thrift store in the vacant space at 2408 1 County Road I. 2 3 After reviewing the B-1 zoning code, City staff informed this potential new business owner, 4 along with the building owner, that the existing B-1 zoning code does not allow thrift stores. In 5 fact, there are now only five permitted uses in the B-1 zoning district: barbershops, beauty 6 parlors, convenience grocery stores (not supermarket type), self-service laundromats and 7 essential services (utility or government uses). The City may allow a daycare center in the B-1 8 district with the approval of a conditional use permit. City staff spoke to the thrift storeowner 9 about this situation, and she has now applied to the City for a zoning code text amendment for 10 the B-1 zoning district. 11 12 Based upon the discussion of the Planning Commission on April 21, 2010, staff drafted a 13 resolution that recommends an amendment to the Zoning Code that adds more permitted uses to 14 the B-1 district. The Planning Commission unanimously approved Resolution 924-10 on May 5, 15 2010, recommending the addition of thrift store along with other permitted uses to the B-1 16 zoning district. Some concern was voiced about oversized on-site donations, but Staff felt any 17 dumping or unwanted items would be handled through Code enforcement. Staff recommends 18 Council consider adding the additional permitted uses to the B-1 Zoning District. 19 20 Mayor Flaherty opened the public hearing at 8:25 p.m. 21 22 Dawn Huffman, the applicant, introduced herself to the Council stating she hoped to open a store 23 in the City with more affordable clothing and household goods, selling both new and used goods. 24 25 Helen Huele, across the fence on Edgewood Drive was very curious as to the renovations at the 26 site. She supported the new use and questioned how drop-offs would be handled. Ms. Huffman 27 indicated she would like to have a drop-off box on the side or front of her building. This issue 28 would be further discussed with staff in addition to a potential privacy fence. 29 30 Hearing no additional public input, Mayor Flaherty closed the public hearing at 8:28 p.m. 31 32 Council Member Mueller asked the difference between a thrift store and a pawn shop. Planning 33 Associate Heller explained a pawn shop would not be allowed in the B-1 zoning district. 34 Specific sites were chosen for a pawn shops through an overlay district. A pawn shop allowed 35 for people to sell items to the store which would then be resold. A thrift store has donated items 36 that would then be resold. 37 38 Council Member Mueller questioned if the building had adequate parking. Planning Associate 39 Heller explained this was not a concern due to the size of the building. She expected that many 40 customers would walk to this location. 41 42 Council Member Mueller asked if the applicant had owned a thrift store before and if she 43 anticipated hiring any full or part-time staff. Ms. Huffman explained she had not owned a thrift 44 store before and would be looking to hire part-time staff in the future. 45 Mounds View City Council May 24, 2010 Regular Meeting Page 6 1 Mayor Flaherty encouraged Ms. Huffman to speak further with City staff to learn more about the 2 City’s rules and regulations in the B-1 zoning district. He applauded her for her efforts in 3 starting a new business and wished her all the best. 4 5 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Ordinance 845, an 6 Ordinance Amending Chapter 1112.02 of the Mounds View Zoning Code to Add Additional 7 Permitted Uses to the B-1 Neighborhood Business Zoning District. 8 9 Council Member Stigney felt all of the suggested additional uses would be beneficial as 10 neighborhood businesses except thrift stores. He indicated these could have a negative impact on 11 adjacent neighborhoods and Thrift Stores belong in the B-3 zoning district. 12 13 ROLL CALL: Stigney/Hull/Muller/Gunn/Flaherty. 14 15 Ayes – 4 Nays – 1 (Stigney) Motion carried. 16 17 C. 7:15 p.m. Public Hearing to Consider Resolution 7621, a Conditional Use 18 Permit for Outdoor Sales – Farmer’s Market, at 2430 Highway 10 19 (Wynnsong Movie Theater parking lot). 20 21 Planning Association Heller stated the applicant, Amaya Basumatary with PMY Management, is 22 requesting city approval of a conditional use permit to have outdoor seasonal sales in the parking 23 lot of the Wynnsong movie theater. She is proposing to have a farmers market on Saturdays from 24 8:00 a.m. to 2:00 p.m. in the parking lot of the movie theater at 2430 Highway 10 from June 19 25 until October 16 each year. This property is zoned PUD (Planned Unit Development). 26 27 According to the submitted site plan, the market would use about 10-12 parking spaces for 28 vendors in the southern end of the parking lot near Moe’s restaurant. Ms. Basumatary plans to 29 start small this year with a few vendors to see if a farmers market is successful in Mounds View. 30 If the market is successful, she would add more vendors to this location in the future. She has 31 organized other farmers markets and has six vendors ready to participate in Mounds View this 32 year. 33 34 The City Code limits the outside services and sales to 30 percent of the gross floor area of the 35 building. In this case, the movie theater is a very large building so there is no problem with the 36 small area of the parking lot that she is proposing for the market. City staff will monitor the 37 parking situation with the market and the theater - especially if the market is successful and 38 becomes larger. 39 40 Staff has drafted the resolution for the conditional use permit in such a way so that the applicant 41 would not need to appear before the Planning Commission and City Council each year. The CUP 42 will remain in effect indefinitely as long as there are no changes to the operation and there have 43 been no problems or reasons that would warrant the City Council to re-examine the CUP. The 44 Mounds View City Council May 24, 2010 Regular Meeting Page 7 applicant will need to submit a letter of intent and letter of permission from the property owner to 1 the City each year before the start of the farmers market. 2 3 The Planning Commission unanimously approved Resolution 926-10 on May 19, 2010, 4 recommending approval of the conditional use permit for a farmers market. As with all planning 5 applications, the City Council may recommend approval of the request, recommend denial of the 6 request or table taking action. In this case, staff is recommending approval of the request. 7 8 Mayor Flaherty opened the public hearing at 8:42 p.m. 9 10 Hearing no public input, Mayor Flaherty closed the public hearing at 8:43 p.m. 11 12 Council Member Gunn asked what types of vendors were lined up for this year. Amaya 13 Basumatary, the applicant stated this would be a true farmer’s market, with locally grown fruits 14 and vegetables. 15 16 Council Member Mueller questioned how signage would be handled for the farmer’s market. 17 Planning Associate Heller stated each vendor could have a sign at their booth advertising their 18 wares. Two larger signs would be placed at the entrances to the movie theater advertising the 19 farmer’s market. Six additional temporary signs could be placed throughout the City and would 20 be put up Saturday morning and removed shortly after the close of business. 21 22 Council Member Stigney asked if the City wanted to allow the temporary signs throughout the 23 City. He indicated he was not in favor of placing temporary signs throughout the City. Planning 24 Associate Heller stated garage sale signs are allowed on a temporary basis, which would be 25 similar to the farmer’s market. 26 27 Council Member Hull clarified that the six small signs would only be up on Saturdays during the 28 hours of operation. 29 30 Council Member Mueller was in favor of the farmer’s market signs as it would direct traffic to 31 the new event. 32 33 Mayor Flaherty felt this was a difficult situation as other businesses were not allowed to place 34 temporary signs throughout the City. Planning Associate Heller indicated the applicant could be 35 required to ask permission before placing temporary signs in private property. 36 37 Council Member Mueller asked how important the temporary signs were. Ms. Basumatary felt 38 the signs were crucial to getting information out about the farmer’s market, especially for the first 39 year. Additional informational flyers would be handed out to local restaurants and businesses. 40 41 Community Development Director Roberts stated the City did receive a letter of support from 42 Moe’s. 43 44 Mayor Flaherty asked if the Council was in support of the six temporary signs throughout the 45 Mounds View City Council May 24, 2010 Regular Meeting Page 8 City. 1 2 Council Member Gunn supported the signs and suggested they be placed in key locations along 3 County Road 10 and that they be removed the same afternoon as the farmer’s market. 4 5 Council Member Mueller was in favor of the signs and agreed to locate them along County Road 6 10. 7 8 Council Member Stigney questioned the language within the Resolution regarding the temporary 9 signs. He supported it as written and that no temporary signs be allowed throughout the City. 10 11 Council Member Hull felt the Resolution could be reworded to allow for the temporary signs to 12 be located in the City on Saturdays. 13 14 Mayor Flaherty supported the temporary signs being placed in the City during the hours of 15 operation of the farmer’s market. 16 17 Clerk-Administrator Ericson stated the code enforcement of this issue could be difficult. He 18 suggested the Council not allow additional signs on the corridor as it may bring about additional 19 code enforcement concerns. 20 21 Mayor Flaherty thanked staff for the information and stated he would now not support the 22 temporary signs. 23 24 Planning Associate Heller suggested the “6 small sign” language be stricken from the Resolution. 25 26 Ms. Basumatary stated she didn’t see how the signs would impact the corridor if she were 27 responsible for the placement and removal of the signs. She requested the Council consider 28 allowing the temporary signs to assist in getting the word out on the new farmer’s market. 29 30 Clerk-Administrator Ericson recommended the language regarding the two large signs read that 31 the signs “only be allowed on the day of the market”. The Council supported this 32 recommendation. 33 34 Community Development Director Roberts suggested language be added stating: “All signs shall 35 be removed after each sales day”. Although a bit redundant, it would provide further 36 clarification. The Council supported this recommendation. 37 38 Mayor Flaherty questioned if the City should limit the number of vendors within the Resolution. 39 Council Member Gunn felt this was not a concern as the theater parking lot was extremely large 40 and available on Saturday mornings. Council Member Mueller agreed. Planning Associate 41 Heller noted the theater had 700 parking stalls. 42 43 Council Member Stigney suggested the two temporary signs be limited to 32 square feet to assure 44 that the signs do not continue to increase in size. 45 Mounds View City Council May 24, 2010 Regular Meeting Page 9 1 Clerk-Administrator Ericson questioned if the type of vendors should be limited or more defined 2 within the Resolution. City Attorney Riggs suggested language be added stating the farmer’s 3 market will sell only local produce. 4 5 Mayor Flaherty suggested the farmer’s market only sell local fruits and vegetables. 6 7 Council Member Gunn commented this would eliminate flowers, jams, jellies, eggs, and meats. 8 9 The Council agreed to allow the farmers market to sell local produce and agricultural products. 10 11 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7621, a 12 Conditional Use Permit for Outdoor Sales – Farmer’s Market at 2430 Highway 10 (Wynnsong 13 Movie Theater parking lot) allowing for the sale of produce and agricultural products only; the 14 farmer’s market shall be allowed two signs not to exceed 32 square feet each; the signs may be 15 placed at the movie theater entrances only on the day of the market; and all signs shall be 16 removed after each sales day. 17 18 Council Member Mueller requested the title of the Resolution be changed from Outdoor Sales – 19 Farmer’s Market to Outdoor Farmer’s Market. 20 21 AMENDMENT MOTION/SECOND: Mueller/Stigney. To Revise Resolution 7621, revising 22 the title on the Resolution to Outdoor Farmer’s Market at 2430 Highway 10. 23 24 Ayes – 5 Nays – 0 Amendment to Motion carried. 25 26 Council Member Stigney requested the vendors be properly licensed with the State. Ms. 27 Basumatary assured the Council that she would refer all vendors to secure the proper licensure 28 with the County or State, if required, to sell their items in the City of Mounds View. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 D. Resolution 7620, Approving the Hire of Don Burda as Seasonal Building 33 Inspector in the Community Development Department. 34 35 Community Development Director Roberts stated the City has not had a paid part-time building 36 inspector since Don Burda resigned from the position in May 2009. Don had started with the 37 City in May 2006. Jeff Baker served the City as an unpaid building and fire inspector from June 38 2009 through April 2010. Jeff has since left the City and it has become apparent to staff that the 39 City needs additional inspection help. This assistance would be to meet the needs of the property 40 owners, contractors and to prevent the burnout of existing City inspection staff. 41 42 After speaking with Don Burda further he requested $18 an hour, versus the $15 which would 43 provide the City 400 hours of part-time building inspection services for 2010. The advantage of 44 hiring Mr. Burda back with the City, it would save the City time in advertising for the position 45 Mounds View City Council May 24, 2010 Regular Meeting Page 10 and training in new personnel. City staff is requesting Council approve the hire of Don Burda as 1 a seasonal part-time building inspector for 2010, subject to the terms and conditions within the 2 resolution. 3 4 Council Member Stigney questioned if the permit fees would cover the expense of Mr. Burda’s 5 part-time salary. Finance Director Beer indicated the permit and license fees would cover his 6 wages. Community Development Director Roberts understood that the Council was not 7 interested in overspending on this part-time position and that permit and license fees would be 8 used to cover this expense. 9 10 Council Member Stigney asked if separate language should be written into the Resolution 11 regarding this matter. Clerk-Administrator Ericson felt this was not necessary as staff understood 12 if no permits were coming into the City, there would not be a need for Mr. Burda’s inspection 13 services. 14 15 MOTION/SECOND: Stigney/Hull. To Waive the Reading and Adopt Resolution 7620, 16 Approving the Hire of Don Burda as Part-Time Seasonal Building Inspector in the Community 17 Development Department. 18 19 Mayor Flaherty indicated he saw the hire as temporary for 2010 and expenses would be covered 20 by the permit and license fees, which would not impact the City’s budget. The Council would 21 then be able to evaluate the position again in 2011. 22 23 Council Member Mueller stated Mr. Burda was familiar with the City, was fully licensed and 24 understands the operations. She felt the increase in the hourly rate was justified due to the fact 25 the City would not have to retrain and advertise for this position and therefore supported the hire. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 E. Resolution 7616, Revising Section 3.01 of the Mounds View Personnel 30 Manual Pertaining to Compensation. 31 32 Assistant Clerk-Administrator Crane stated that Section 3.01 of the Personnel Policy governs 33 salary compensation. On December 22, 2008, the Mounds View City Council approved a Salary 34 Compensation Study, which was completed by Springsted. This approval implemented a 2% 35 wage adjustment for job classifications below the market, effective January 1, 2009. The Salary 36 Compensation Study completed by Springsted used comparable cities to Mounds View to define 37 the market for each position. The City’s current Personnel Policy references “Stanton” as a 38 means of defining the market. Since the Stanton Survey is no longer being published, the current 39 policy is outdated. The Council discussed this in detail at the May work session. If the revised 40 policy meets the City Council’s expectations, then Resolution 7616 will need to be approved 41 allowing Staff to revise this section of the Personnel Manual. 42 43 Council Member Mueller expressed concern with the cost of living adjustment and felt the 44 language should read, when deemed appropriate. 45 Mounds View City Council May 24, 2010 Regular Meeting Page 11 1 Mayor Flaherty suggested Item 4 be removed completely as comparable communities were not 2 clearly defined within the document. In addition, he requested additional language be eliminated 3 under Pay Equity removing “the City may consider completing a market compensation survey” 4 and the paragraph following. Assistant Clerk-Administrator Crane felt these were acceptable 5 changes. 6 7 Council Member Mueller supported Mayor Flaherty’s suggestions. 8 9 Council Member Hull asked for the purpose of a market compensation survey. Assistant Clerk-10 Administrator Crane explained the purpose was to assist with retaining employees to maintain 11 comparable salaries. 12 13 Council Member Hull had no problem with leaving the market compensation survey information 14 in the Personnel Manual. 15 16 Clerk-Administrator Ericson stated this issue was tied to Item 4. Leaving the language in would 17 not hurt the policy and if removed, a compensation study could still be completed at the request 18 of the Council. 19 20 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7616, 21 Revising Section 3.01 of the Mounds View Personnel Manual Pertaining to Compensation; 22 removing Item 4 and omitting the final paragraph on Page 43. 23 24 Council Member Stigney suggested half steps be taken between Step 1 and Step 2 on the pay 25 scale. He did not feel it was necessary for employees to change three steps in one calendar year 26 based on the current system. 27 28 AMENDMENT MOTION/SECOND: Stigney/Gunn. To Revise Resolution 7616, revising the 29 pay scale to include a half step between Step 1 and Step 2, six months after date of hire; and that 30 Step 2 shall not be reached before one year of employment with the City changing the pay scale 31 to a four year plan. 32 33 Finance Director Beer indicated the City had several union contracts based on the current pay 34 scale. 35 36 Council Member Stigney felt the original pay scale was quite liberal and now was the time to 37 reevaluate the timeframe of the pay scale. This would change the pay scale to a four year plan 38 versus the current three year plan. 39 40 Council Member Gunn clarified if the pay scale would then change to a six step plan. Finance 41 Director Beer suggested this be taken on as six steps with Step 1 at 80%, Step 2 at 82 ½%, Step 3 42 at 85%, Step 4 at 90%, Step 5 at 95% and Step 6 at 100%. 43 44 Council Member Stigney requested staff draft the appropriate language necessary to make this 45 Mounds View City Council May 24, 2010 Regular Meeting Page 12 change. 1 2 Mayor Flaherty suggested this amendment be brought to the contracts in place and the non-3 contract employees would then assume the same program. 4 5 Council Member Stigney requested this begin with all new hires and be set as a policy going 6 forward. He understood this would not be taken into consideration with the unions. 7 8 Ayes – 4 Nays – 1 (Flaherty) Amendment to Motion carried. 9 10 Council Member Gunn questioned if the language should be changed within Resolution 7616 to 11 make the policy six steps. Clerk-Administrator Ericson suggested the Five Step plan be 12 maintained as not all the steps were equal. He indicated staff could draft language accordingly. 13 14 Council Member Stigney agreed with staff’s recommendation. 15 16 Ayes – 4 Nays – 1 (Hull) Motion carried. 17 18 Clerk-Administrator Ericson commented that this policy would be yet another issue to find and 19 attract new employees to the City of Mounds View if the pay scale was spread out over an 20 additional year. 21 22 F. Resolution 7617, Approving Step Increase for Officer Kirsten Lafean, 23 MVPD. 24 25 Assistant Clerk-Administrator Crane indicated Officer Kirsten Lafean is a current employee with 26 the City of Mounds View. Her supervisor, Sergeant Steve Menard, has reviewed her 27 performance as it relates to her responsibilities outlined in the job description. It was determined 28 that Officer Lafean has satisfactorily performed in the capacity of her position, and therefore, a 29 step increase wage adjustment is consistent with the LELS Police Officers Union Contract. The 30 pay change would be effective June 1, 2010. 31 32 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7617, 33 Approving the Step Increase of Officer Kirsten Lafean, MVPD. 34 35 Ayes – 5 Nays – 0 Motion carried. 36 37 G. Resolution 7618, Establishing the Absentee Ballot Board for the 2010 38 Primary and General Elections. 39 40 Assistant Clerk-Administrator Crane stated the Military and Overseas Empowerment (MOVE) 41 Act, which was signed into law by President Obama on October 28, 2009, required Minnesota to 42 move the Primary Election to August 10, 2010. This provided for a 45-day absentee balloting 43 period. There is no change to the General Election date, which is scheduled for Tuesday, 44 Mounds View City Council May 24, 2010 Regular Meeting Page 13 November 2, 2010. Both elections for all four (4) precincts will be conducted at the Mounds 1 View Community Center from 7 a.m. to 8 p.m. 2 Assistant Clerk-Administrator Crane indicated there has been a great deal of changes made with 3 regard to absentee ballots. Section 203B.23 of the Minnesota Election Law, requires the City to 4 establish an Absentee Ballot Board by Resolution. The purpose of the Absentee Ballot Board 5 (ABB) is to allow election judges to reject or accept absentee ballots that are received within 45 6 days of the election. The election law has changed for 2010, and the City is now required to 7 convene an ABB every five days to accept and reject absentee ballots, and at least once every 8 three days during the two (2) weeks before the election. Staff recommends approval of 7618, 9 establishing the Absentee Ballot Board for the 2010 Primary and General Election. 10 11 Staff has an added a provision to the resolution which authorizes the City Administrator to 12 appoint additional election judges to serve on the ABB should there be a need. Members of the 13 ABB Board would be Clerk-Administrator Ericson, Planning Associate Heller, Mary Springer 14 and Assistant Clerk-Administrator Crane. 15 16 Mayor Flaherty questioned if the government would be providing the proper programs or 17 templates to track the absentee ballots. Assistant Clerk-Administrator Crane explained Ramsey 18 County was providing direction and templates. 19 20 Council Member Mueller asked how many absentee ballots were received each year. Assistant 21 Clerk-Administrator Crane stated the City could have over 800 absentee ballots in a presidential 22 election year. She explained the City had a very high voter rate at almost 80%. 23 24 Council Member Mueller questioned if residents could serve on the ABB to reduce the workload 25 being placed on staff. Assistant Clerk-Administrator Crane stated the members serving on this 26 committee must be a trained election judge and the Board will be approved each year. 27 28 Mayor Flaherty suggested staff seek additional volunteers for future years to assist staff with this 29 new program. Clerk-Administrator Ericson stated using staff would save money in the long run 30 due to the frequency the Board would need to meet. 31 32 Council Member Gunn agreed it would be difficult to call in election judges based on the random 33 schedule when absentee ballots were received. 34 35 Council Member Stigney asked how ABB members would be paid if volunteers were used. 36 Assistant Clerk-Administrator stated the volunteers were paid $8.00 per hour. She explained the 37 volunteers have not attended the training and do not have a great deal of computer knowledge 38 which would be important in tracking the absentee ballots. 39 40 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7618, 41 Establishing the Absentee Ballot Board for the 2010 Primary and General Elections. 42 43 Council Member Mueller requested the Council review the staffing for future years so see if 44 Mounds View City Council May 24, 2010 Regular Meeting Page 14 volunteers would be an option. 1 2 Ayes – 5 Nays – 0 Motion carried. 3 4 MOTION/SECOND: Mueller/Stigney. To extend the Council meeting to 10:30 p.m. 5 Ayes – 5 Nays – 0 Motion carried. 6 7 H. Resolution 7622, Authorizing an Agreement with Rick Wriskey for Urban 8 Forestry Services. 9 10 Public Works Director DeBar explained the City has been without a City Forester since 11 September 30, 2009. At this time, Rick Wriskey retired after 28 years of service through a joint 12 powers agreement with New Brighton. Mr. Wriskey worked 1 ½ days on average each week for 13 Mounds View forestry needs with the remainder for New Brighton. The City of New Brighton 14 has reclassified the position to a full-time, temporary forestry intern, officially ending the joint 15 powers agreement. 16 17 The City Council discussed the status of the City Forester position at their May 3, 2020 work 18 session. The budget does have $16,000 allotted for a City Forester for 2010. Staff recommends 19 that the City Council reconsider authorizing an independent contractor agreement allowing Mr. 20 Wriskey to provide part-time Urban Forestry Services for the City. If adopted, the draft 21 agreement will be finalized after insurance issues are resolved and Mr. Wriskey would begin on 22 Wednesday, May 26, 2010. 23 24 Council Member Mueller questioned if Emerald Ash Bore and anthracinals would be addressed 25 by the City Forester. Public Works Director DeBar stated the City has established an urban 26 forestry informational page on the City’s website to provide residents information on these 27 issues. He reported staff is working out the logistics of which issues Mr. Wriskey would be 28 handling through the employment agreement as insurance concerns were still being addressed. 29 30 Mayor Flaherty questioned why Mr. Wriskey was not being hired on as a part-time City 31 employee. City Attorney Riggs explained this was the original plan as he wanted to work part-32 time, which would cover Mr. Wriskey under all of the City’s insurance policies. However, this 33 was still being discussed to assure the City was protected. 34 35 Mayor Flaherty asked if Mr. Wriskey was licensed as a contractor. City Attorney Riggs 36 explained he was licensed. He then suggested the Council table this item to allow staff to review 37 the information further. 38 39 MOTION/SECOND: Gunn/Mueller. To Postpone Resolution 7622, Authorizing an Agreement 40 with Rick Wriskey for Urban Forestry Services to the June 14, 2010 Council Meeting. 41 42 Council Member Stigney indicated he would like further information on the salaries provided to 43 New Brighton for Mr. Wriskey’s services. Clerk-Administrator Ericson reviewed the 44 information with Council stating he was being paid $45 per hour. 45 Mounds View City Council May 24, 2010 Regular Meeting Page 15 1 Council Member Mueller asked if this issue was within the City Attorney’s retainer. City 2 Attorney Riggs indicated this item was not included but not much time had been invested to date. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 8. CONSENT AGENDA 7 8 A. Licenses for Approval. 9 B. Schedule a Public Hearing for June 14, 2010, at 7:05 p.m., a Resolution to 10 Consider an On Sale Intoxicating Liquor License Renewal for Moe’s located 11 at 2400 County Highway 10. 12 C. Schedule a Public Hearing for June 14, 2010, at 7:10 p.m., a Resolution to 13 Consider an On Sale Intoxicating Liquor License Renewal for Robert’s 14 Sports Bar and Entertainment located at 2400 County Road H2. 15 D. Schedule a Public Hearing for June 14, 2010, at 7:15 p.m., a Resolution to 16 Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid 17 located at 2200 County Highway 10. 18 E. Schedule a Public Hearing for June 14, 2010, at 7:20 p.m., a Resolution to 19 Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor 20 located at 2840 County Highway 10. 21 F. Schedule a Public Hearing for June 14, 2010, at 7:25 p.m., a Resolution to 22 Consider an Off Sale Intoxicating Liquor License Renewal for Vino & 23 Stogies located at 2345 County Road H2. 24 G. Schedule a Public Hearing for June 14, 2010, at 7:30 p.m., a Resolution to 25 Consider an Off Sale Intoxicating Liquor License Renewal for Big Top 26 Liquor located at 2577 County Highway 10. 27 H. Schedule a Public Hearing for June 14, 2010, at 7:35 p.m., a Resolution to 28 Consider an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko 29 Sushi Bar located at 2394 County Highway 10. 30 I. Schedule a Public Hearing for June 14, 2010, at 7:40 p.m., a Resolution to 31 Consider an Off Sale 3.2 Malt Liquor License for SuperAmerica located at 32 2840 County Road I. 33 J. Resolution 7619, Approving the Computer Technology Use and Access 34 Policies. 35 36 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as presented. 37 38 Ayes – 5 Nays – 0 Motion carried. 39 40 9. JUST AND CORRECT CLAIMS 41 42 Finance Director Beer answered the Council's questions related to claims. 43 44 MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as presented. 45 Mounds View City Council May 24, 2010 Regular Meeting Page 16 1 Ayes – 5 Nays – 0 Motion carried. 2 3 10. APPROVAL OF MINUTES 4 A. April 26, 2010, City Council Meeting Minutes. 5 6 MOTION/SECOND: Mueller/Gunn. To Approve the April 26, 2010, City Council meeting 7 minutes as submitted. 8 9 Ayes – 5 Nays – 0 Motion carried. 10 11 11. REPORTS 12 A. Reports of Mayor and Council. 13 14 Council Member Mueller postponed her report to the next meeting in the interest of time. 15 16 B. Reports of Staff. 17 18 Clerk-Administrator Ericson stated he met with the Five Cities (Mounds View, Shoreview, 19 Arden Hills, New Brighton and Roseville) earlier today. This provides the City an opportunity to 20 find out the happenings in the North Metro on a number of different issues. He was able to meet 21 the new Mayor of New Brighton along with the new City Administrator in Arden Hills. The next 22 meeting was scheduled for July 14, 2010. 23 24 Clerk-Administrator Ericson explained the City had a cleanup day this past Saturday. The event 25 was very well attended until the storm clouds moved in. Further details would follow as to the 26 weight of items that were turned in. 27 28 Clerk-Administrator Ericson indicated the new Comprehensive Plan has been printed and 29 distributed to the Council. He thanked all those involved in the approval process. 30 31 Clerk-Administrator Ericson stated labor negotiations with the LELS were discussed earlier 32 today in a closed session meeting by the Council. He reported on the happenings at that meeting. 33 34 1. Update on Robert’s Conditional Use Permit 35 36 Community Development Director Roberts updated the Council on the conditional use permit for 37 Robert’s. The permit was approved a year ago by Council with several conditions. There have 38 been some ongoing issues with Robert’s noting the parking lot still needs repair, the City 39 Attorney’s fees need reimbursement, and signage was a concern as three signs were not approved 40 or permitted by the City. He explained compliance was extremely difficult and stated the City 41 could begin ticketing Robert’s or review this situation with the liquor license. 42 43 Council Member Gunn stated every business within the community must follow the same rules 44 and regulations. She directed staff to seek compliance as it has gone on too long. 45 Mounds View City Council May 24, 2010 Regular Meeting Page 17 1 Council Member Hull asked if the City could tie the non-compliance issues to the liquor license 2 approval. Community Development Director Roberts stated the outstanding fees could be 3 attached but the signage issues could not. 4 5 Council Member Mueller felt it was unfortunate this business had outstanding compliance issues. 6 However, the economic environment was difficult at this time and the businesses were 7 struggling. She suggested the Council work with Robert’s to resolve these issues as has been 8 done in the past with other struggling businesses. A payment plan could be established and she 9 encouraged the business owner to repair the parking lot before further harming his business 10 and/or clientele. 11 12 Council Member Mueller requested staff inform Mr. Halverson of the sign ordinance and bring 13 the establishment into conformity with the City code. She did not want to threaten the business 14 owner of losing his liquor license if all these issues were not resolved. 15 16 Council Member Stigney asked what staff’s recommendation was at this time. Community 17 Development Director Roberts stated the frustration at this time was the City has had multiple 18 conversations with the owner and he was ignoring the City’s letters and conversations to date. 19 He was tired of having the same conversation without any results. Staff recommended pursuing 20 all options to gain compliance, noting that the fees could be certified and added onto the property 21 taxes. 22 23 City Attorney Riggs added that the CUP could be revoked as well if the owner was not willing to 24 comply with the City’s code. 25 26 Council Member Gunn indicated the City’s expectations were clearly spelled out for Mr. 27 Halverson in the Resolution passed by Council last year. 28 29 Council Member Hull stated he understood times were tough but it would not cost the property 30 owner anything to remove the unpermitted signs. 31 32 Mayor Flaherty felt the signs and the lawyer’s fees should be handled as they were agreed upon 33 by the property owner. He suggested the Council discuss the CUP with Mr. Halverson and not 34 revoke the liquor license due to non-compliance. 35 36 Council Member Mueller agreed it would be beneficial to invite Mr. Halverson to the next 37 meeting to discuss the CUP to resolve the non-compliance issues. 38 39 Finance Director Beer stated the Select Senior Project would be brought forward to the next 40 Council work session to discuss conduit debt in more detail. A representative from Ehlers will 41 be present. 42 43 C. Reports of City Attorney. 44 45 Mounds View City Council May 24, 2010 Regular Meeting Page 18 City Attorney Riggs had nothing to report. 1 2 12. Next Council Work Session: Monday, June 7, 2010, at 7 p.m. 3 Next Council Meeting: Monday, June 14, 2010, at 7 p.m. 4 5 13. ADJOURNMENT 6 7 The meeting was adjourned at 10:55 p.m. 8 9 Transcribed by: 10 11 Heidi Guenther 12 TimeSaver Off Site Secretarial, Inc. 13 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: June 14, 2010 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 6:03 p.m. 1. EXECUTIVE SESSION IS CALLED TO ORDER 2. ROLL CALL: Mayor Flaherty, Council Members Stigney, Hull, Mueller, and Gunn, City Administrator Ericson, Assistant City Administrator Crane, and City Attorney Bob Alsop 3. CLOSED EXECUTIVE SESSION DISCUSS UNION LABOR CONTRACT NEGOTIATIONS City Administrator Ericson, City Attorney Alsop and Council reviewed and discussed the status of the LELS Police union contract negotiations. MEETING ADJOURNED AT 6:31p.m. Respectfully Submitted, Desaree Crane Assistant City Administrator Item No: 11B(1) Meeting Date: June 28, 2010 Type of Business: Admin Report City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Administrator Report 1. Police Chief Recruitment Process As the Council knows, the Police Civil Service Commission has certified an eligibility list with two names for the position of police chief. Subsequent to the announced list, Council members have been meeting individually with the top candidate on an informal basis. If the Council has had ample opportunity to meet with the top candidate, I will need direction from the Council to proceed with scheduling the background check & investigation as well as the psychological evaluation. The Council can provide this direction by a motion, unless the Council would rather approve a resolution providing such direction. Staff will attempt to have a resolution ready by Monday just in case. 2. Employee Appreciation Luncheon The 2010 employee appreciation event was held on Wednesday, June 16, 2010, from 11 am to 1 pm. The event was well attended, the food was tasty and many Council members participated. From the feedback I’ve received, the event was a success. We were able to keep the costs under the adjusted budget for the lunch. Thanks to all who helped make it a great day, and a special note of thanks to Desaree who coordinated all aspects of the event. 3. League of MN Cities Annual Conference Council members Gunn and Mueller attended the League of MN Cities conference in Saint Cloud, as did Finance Director Beer and I. Between the four of us, we shall have gleaned just about all the information possible from the variety of sessions, and no doubt one or all of us will be able to provide a comprehensive update to the rest of the group as to our assessments, observations and insights. 4. Quarterly Report With Desaree’s assistance, I will be preparing and presenting a quarterly report in July to update the Council on administrative activities through months of April, May and June. If the Council would like us to provide follow up on anything in particular or out of the ordinary, please let us know in advance of the presentation. Administrator Report June 28, 2010 Page 2 5. July Work Session The items listed below are presently scheduled for consideration and discussion at the July worksession, which will be held on Tuesday, July 6th, due to the Independence Day holiday. • Joint Meeting with the Street and Utilities Improvement Committee • Presentation about Code Development and Building Inspections • Discuss 2011 Housing Replacement Program (EDA Budget) • 2011 Draft General Fund Budget 6. Charter Commission Appointment Another member has been appointed to the Charter Commission, that being Jim Battin. Mr. Battin is presently a member, and the Chair, of the Streets Committee. I’m sure the Charter Commission will welcome the appointment and we thank Mr. Battin for his civic involvement. Respectfully submitted, ________________________ James Ericson City Administrator 370755 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: June 24, 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. - Matter is presently pending. MU125-14: Public Works. Respond to City staff question regarding construction project advertising in Finance & Commerce. Consult with City staff regarding same. Matter is presently pending. MU210-4: Charter Commission. Legal research regarding charter amendment advocacy. Draft 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. 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. Revise independent contractor agreement. Matter is presently pending. Mr. Jim Ericson June 24, 2010 Page 2 370755 SJR MU125-11 MU210-180: Sommers v. City of Mounds View. Review status report from the League. Review scheduling order which has been filed with district court. Conference with League attorney. Matter is presently pending. MU210-190: 2010 LELS Arbitration. Consult with City staff regarding arbitration matter. Review and respond to data practices request. Matter is presently pending. SJR:jms