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Agenda Packets - 2010/10/25
CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, October 25, 2010 7:00 p.m. REVISED AS OF OCTOBER 25, 2010 @3:30PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. Resolution 7691, Consider a Special Assessment for an Unpaid Diseased Tree Charge B. Resolution 7690, Authorizing the Hire of Craig Swalchick to the PSO Position with the Mounds View Police Department C. Resolution 7684, Authorizing INSPEC, Inc. to Prepare a Roof Management Program and Perform Roof Repair Administration Services D. Resolution 7686, Approving Interior Improvements for the Mounds View Community Center E. Resolution 7693, Approving a Non-Standard Street Design for Jackson Drive in Area D of the Street and Utility Improvement Program F. Resolution 7694, Approving the Construction of a Concrete Sidewalk along County Road H2 Between County Road 10 and Jackson Drive with Area D of the Street and Utility Improvement Program 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7689 Approving Lease and Access Easement with Dell-Comm C. Resolution 7687 Approving the 2010 Labor Agreement with LELS 204 (Patrol) D. Resolution 7688 Approving the 2010 Labor Agreement with LELS 232 (Sergeants) E. Schedule a Public Hearing for Monday, November 22, 2010, at 7:05 p.m. to Approve the 2011 Fee Schedule F. Set an Executive Session of the City Council for October 25, 2010, Immediately Following Regular Council Meeting, to Discuss Labor Negotiations G. Electing to Retain the Statutory Tort Limit on Liability for the 2011 Insurance Policies H. Resolution 7695, Authorizing Architect Mechanical, Inc. to Replace an 8-1/2 Ton Roof Top Unit at the Mounds View Community Center City Council Agenda October 25, 2010 Page 2 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. September 27, 2010, City Council Minutes B. October 11, 2010, Executive Session Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Finance Quarterly Report 2. Administration Quarterly Report C. Reports of City Attorney 12. Next Council Work Session: Monday, November 1, 2010, at 7p.m. Next Council Meeting: Monday, November 8, 2010, at 7p.m. 13. Motion to Recess into Executive Session (The City Council will adjourn the meeting from within the executive session.) Item No: 7B Meeting Date: October 25, 2010 Type of Business: Council Business Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Chief of Police Item Title/Subject: Resolution 7690, Approval to Hire Craig Swalchick as the Public Service Officer (PSO) Background: On August 9, 2010, the City Council authorized resolution no. 7660 to approve the hiring process from the active eligibility list for the currently vacant Public Service Officer (PSO) position. The opening was created due to the resignation of Jaren Zech on August 13, 2010. This position is a ¾ part time non-sworn employee handling various duties with animals and code enforcement issues. Discussion: The Police Chief met with the Police Civil Service Commission on October 11, 2010 regarding the procedures for completing the hiring process and an updated eligibility list of the following three names was certified by the commission: 1. Craig Swalchick 2. Ryan Hegarty 3. Andrew Cherland The top candidate on the list is Craig Swalchick. A successful background investigation was conducted on Mr. Swalchick. Staff from the Police Department have met with Mr. Swalchick and recommends he be hired to the position. Recommendation: Staff seeks council approval to proceed with appointing Craig Swalchick to the position of Public Service Officer at the step one pay rate according to the AFSCME labor union contract effective October 26, 2010. The current step one rate of pay is $12.73 per hour. Respectfully Submitted, __________________ Thomas Kinney Chief of Police RESOLUTION NO. 7690 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING CRAIG SWALCHICK TO THE POSITION OF PUBLIC SERVICE OFFICER WHEREAS, a current opening exists for the part time position of Public Service Officer and the City Council has tentatively approved filling the position and; WHEREAS, the Police Civil Service Commission has certified a new current eligibility list of the top three names and the top candidate on the list is Craig Swalchick and; WHEREAS, staff from the police department have met with Mr. Swalchick and recommend he be appointed to the part time position of Public Service Officer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota does hereby approve the appointment of Craig Swalchick to the part time position of Public Service Officer at the step one rate of pay, $12.73 per hour effective October 26, 2010. Adopted this 25th day of October 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ Jim Ericson, City Administrator (seal) Item No: 7C Meeting Date: October 25, 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 7684 Authorizing INSPEC, Inc. to Prepare a Roof Management Program and Perform Roof Repair Administration Services Background: Public Works has been investigating the reoccurring roof issues this past year, including a comprehensive roof management program proposal for all City-owned buildings. This proposal was presented and discussed at the October 4, 2010 work session and considered for approval at the October 11, 2010 regular Council meeting. The Council seems to be on-board with the proposal, but the City Attorney had a concern with the dispute/resolution article of the consultant-supplied agreement being considered. The Council instructed staff to work with the City Attorney to revise the INSPEC agreement or draft an entirely separate agreement similar to the City Forestry consultant agreement. Discussion: Attached to this report for Council review and consideration is an independent contractor agreement drafted by staff and the City Attorney. This agreement is similar to what was drafted for the City Forestry services. In short, the following is a background synopsis for the resolution: 1. The City has never had a comprehensive roof management program. 2. The City received two proposals by qualified consultants in fee amounts of $8,900 and $13,400. The lowest fee proposal was received by INSPEC, Inc. of Minneapolis, Minnesota. 3. INSPEC also included a separate fee for $2,500 to prepare a maintenance report for the priority repairs needed this year, which will be used for quote solicitations by qualified roofing contractors. This repair administration fee includes quote solicitation, quote evaluation/recommendation, repair coordination, inspection, and pay request review. 4. The Roof Management Program was not budgeted for, but several roofing projects were that won’t happen this year. In addition, $120,000 was included in the 2010 budget under Special Projects (280-4180-7050) for intermediate rehabilitation work to the Public Works Facility. With the potential demolition and construction of a new facility at some point in the future, it is recommended that the City limit the amount of money spent on improvements to the facility. City staff recommends that the City Council re-program monies to cover Roof Management Program and Repair Administration costs from 280-4180-7050 to 280-4180-3030. Recommendation: City staff recommends that the City Council consider adopting Resolution 7684 authorizing INSPEC to prepare a Roof Management Program and perform roof repair administration services for the higher priority repairs stemming from the Program evaluation. The total fee proposal is $11,400, however, this fee does not include any non-destructive testing that might be required for some roof evaluations. A 10% contingency ($1,100) is recommended to be added to this amount for a budget amount not to exceed $12,500. Respectfully submitted, Nick DeBar - Public Works Director Attachments: Resolution 7684 Independent Contractor Agreement for Roof Management Program/Repair Administration RESOLUTION 7684 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING INSPEC, INC. TO PREPARE A ROOF MANAGEMENT PROGRAM AND PERFORM ROOF REPAIR ADMINISTRATION SERVICES WHEREAS, the City owns sixteen separate facilities totaling over 100,000 square feet of roofing areas, many of which need repair or replacement now or in the near future; and WHEREAS, City staff solicited proposals from qualified firms to inspect and evaluate roof conditions; quantify deficiencies, roof service life, and associated costs; analyze information gathered; and prepare a written report summarizing findings into a Roof Management Program; and WHEREAS, two fee proposals were received for $8,900 and $13,400, with the lowest fee proposal submitted by INSPEC, Inc. of Minneapolis, Minnesota; and WHEREAS, an additional fee for $2,500 was provided by INSPEC, Inc. for Repair Administration involving preparing a report to be used in quote solicitation, quote evaluation/recommendation, repair coordination, inspection, and pay request review for the immediate repairs needed this year; and WHEREAS, monies are available in the adopted 2010 budget that can be reprogrammed to pay for INSPEC’s services without increasing the 2010 budget; and WHEREAS, an independent contractor agreement between the City and INSPEC, Inc. has been prepared by City staff and reviewed by the City Attorney for preparation of a roof management program and performing roof repair administration services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The proposal submitted by INSPEC, Inc. to prepare a Roof Management Program and perform Repair Administration services for a combined total fee of $11,400 is hereby accepted by the City. 2. 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 agreement with INSPEC, Inc. for said services and fee. 3. A 10% contingency for $1,100 will be added to the proposal fee of $11,400 for a budget amount not to exceed $12,500 for the said services. 4. The 2010 adopted Budget is hereby modified to reprogram $12,500 from 280-4180- 7050 to 280-4180-3030 of the Special Projects fund to pay for the said services. Adopted this 25th day of October, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) 2010 ROOF MANAGEMENT PROGRAM/ROOF REPAIR ADMINISTRATION 1 CITY PROJECT NO. 2010-004 INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made on the 25th day of October, 2010, between the CITY OF MOUNDS VIEW (“City”), a Minnesota municipal corporation, whose business address is 2401 Highway 10, Mounds View, MN 55112, and INSPEC, INC. (“Contractor”) whose address is 5801 Duluth Street, Minneapolis, MN 55422. 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 acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 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 engineering services for roof management program and roof repair administration for the City as described on the attached Exhibit A. The Contractor shall, in the execution of the services, conform to all applicable federal, state, and local laws, codes, ordinances, and regulations. 3. Compensation for Services. The City agrees to pay the Contractor for the services on a lump sum basis in the amount of $8,900 for the roof management survey/report and $2,500 for the roof repair administration for a combined total fee of $11,400. The Contractor has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, and performance of the work. The Contractor shall submit to the City, on a monthly basis, itemized bills for the services performed under this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. 4. Contract Time for Completion. The Contractor’s services will be completed on or before December 1, 2010 for roof repair administration and on or before March 1, 2011 for roof management program services. 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. 5. Additional Services and Compensation. If additional services are required due to conditions or events outside of the Contractor’s control, the City may request the Contractor to submit a supplemental proposal outlining the additional services needed, including a compensation fee for performing the additional services and any extension of time to complete the work. 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. 2010 ROOF MANAGEMENT PROGRAM/ROOF REPAIR ADMINISTRATION 2 CITY PROJECT NO. 2010-004 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. Building Access. The City shall arrange for and provide Contractor access to the interior and exterior areas of the buildings covered under this Agreement. 10. 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 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. 11. 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. 12. 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. 13. General Liability Insurance. The Contractor shall pay for and maintain adequate insurance with limits acceptable to the City to protect himself and the City from claims and liability for injury or damages to persons or property for all work performed by the Contractor under this Agreement. The Contractor shall name the City as an additional insured under his policy. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is in effect. The Contractor must notify the City of any changes to its insurance policies. 14. Background Checks. The City may perform background checks, in accordance with state law, on any of Contractor’s employees, agents or subcontractors who provide services to the City. 15. Data Privacy. The Contractor shall comply with Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act. The Contractor, its employees, subcontractors and agents shall not provide information or data to anyone outside of the City without written permission from the City except as authorized by the Act. 16. Governing Law. The laws of the State of Minnesota shall control this Agreement. 17. 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. 18. 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. 2010 ROOF MANAGEMENT PROGRAM/ROOF REPAIR ADMINISTRATION 3 CITY PROJECT NO. 2010-004 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. INSPEC, INC. By: _________________________________ Printed Name: ________________________ Title: _______________________________ CITY OF MOUNDS VIEW By: _________________________________ Joe Flaherty Its: Mayor ATTEST: By: _________________________________ James Ericson Its: City Administrator (SEAL) 368203v1 SJS MU210-111 2010 ROOF MANAGEMENT PROGRAM/ROOF REPAIR ADMINISTRATION 4 CITY PROJECT NO. 2010-004 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) 2010 ROOF MANAGEMENT PROGRAM/ROOF REPAIR ADMINISTRATION A-1 CITY PROJECT NO. 2010-004 EXHIBIT A DESCRIPTION OF SERVICES TO BE PERFORMED BY CONTRACTOR Scope of Work - Roof Management Program A. Roof management survey consists of a visual examination of each roof area, inspection of the building interiors with regard to leak locations, and identification of maintenance needs. A maintenance report section for each facility will be generated. B. Provide a written report. The information will provide the data necessary for identifying what maintenance work should be performed and when the work should be accomplished. The intent of the program is to maintain and maximize the remaining service life of each of the existing roof systems and to anticipate reroofing needs for budget planning purposes. A five-year roofing needs forecast and budget will be provided with the report package. C. Basic Services – Roof Management Program The following Basic Services pertain to the Scope of the Roof Management Program described above. 1. Meet with City and building personnel to obtain historical and present information regarding the following: a. Age of roofs. b. Known moisture infiltration locations. c. Past repair/replacement history. 2. Develop sketch of all roof areas: a. Prepare CAD-generated sketches for each facility. b. Dimension each area as necessary and designate individual sections: A, B, C, etc. c. Include all roof penetrations on sketch. d. Provide photograph overviews of roof areas. 3. Visual evaluation: a. Identify current roof types of all sections for the roof areas. 1) Review current/past roof documents for system information, if available. 2) Roof system components will be reported if the information is available from the City. Contractor will not perform destructive test openings to obtain roof system components. b. Identify and quantify all deficiencies and locate on sketch. 1) Prioritize deficiencies: a) High level: Any defect with the potential to allow moisture infiltration into the building or roofing system or inhibit safety. b) Medium level: Any defect with no apparent risk of moisture infiltration. c) Low level: Any defects that are of cosmetic concern or require nothing more than to be monitored. c. Provide photographs of each type of deficiency. 4. Analyze the information gathered to determine estimated remaining service life. Current age, type, and condition of the roof are taken into consideration when determining the remaining service life. a. Develop repair recommendations and replacement recommendations. 5. Provide a written report summarizing the items listed above and meet with you to review the report. 2010 ROOF MANAGEMENT PROGRAM/ROOF REPAIR ADMINISTRATION A-2 CITY PROJECT NO. 2010-004 Scope of Work/Basic Services - Roof Repair Administration A. Roof repair administration will consist of providing two to three roofing contractors with a maintenance report describing priority repairs to be performed on buildings throughout the City. These repairs will then be competitively bid between the roofing contractors. Contractor will evaluate the bids and make a recommendation to the City and coordinate scheduling the repairs. After the repairs are completed, Contractor will inspect the repairs and review the construction pay requests. City Buildings The following City-owned buildings are included under the Scope of Work/Basic Services: 1. City Hall (includes Well No. 1) 2. Mounds View Community Center 3. Public Works Facility 4. Salt/Cold Storage 5. Well No. 2 6. Well No. 3 (WTP#1) 7. Well No. 4 8. Well No. 5 (WTP#2) 9. Well No. 6 (WTP#3) 10. Booster Station 11. 2-MG Ground Reservoir 12. Random Park Building 13. Hillview Park Building 14. Groveland Park Building 15. Lambert Park Building (proposed reconstruction for 2011) 16. Silver View Park Shelter Additional Services Not Covered Additional Services not included under the Agreement may include, but are not necessarily limited to the following: 1. Out-sourced services (professional or otherwise) hired by Contractor but not included under Basic Services. 2. Additional meetings and/or site visits beyond those under Basic Services. 3. Preparation work and/or meetings related to arbitration, legal, or other conflict resolution proceedings of which Inspec is not a party. 4. Adapting the documents, regardless of the level of development, to conform to the City’s changes in the Scope of the Roof Management Program. 5. Any services resulting from the discovery of asbestos, mold, or any other existing hazardous materials. 6. Subsequent or update surveys. 7. Leak testing and further investigation beyond that described above. The initial survey of any building may create the need for a more detailed investigation and analysis of problems, to determine the cause and repair options. This type of work may require contractor assistance for making test openings and possibly an aerial lift rental for access. A report summarizing our findings and recommendations will be prepared and include the pertinent sketches and photographs. 8. Design and construction administration for the repair recommendations identified in the reports not included under the Basic Services for roof repair administration. Once maintenance or restoration projects are identified, Contractor can provide construction documents and administration for the reroofing project. Item No: 7D Meeting Date: 10-25-10 Type of Business: CB Administrator Review : City of Mounds View Staff Report To: Honorable Mayor and City Council From: Tracy Juell, Public Works Administrative Assistant Item Title/Subject: Resolution 7686 Approving Interior Improvements for the Mounds View Community Center Introduction: The Mounds View Community Center was built in 2 phases in 1997 and 1998. Since that time the Community Center has had very minimal improvements or changes to the interior. The following bullet points are improvements that Staff has been made aware of through the YMCA Advisory Committee or has determined through evaluation of the building. • The furniture is basically of the same quantities and design. The patterns and colors on the furniture are reminiscent of when the original carpet was installed in the Community Center in 1997-98. Through the years the furniture fabric has been torn, stained and defaced. • The wooden chairs that are present in the commons area located by the vending machines have been repaired numerous times and are now in need of replacement. • The accent tables in the commons area were donated some time ago and are in need of replacement. • Due to the nature of the business, the Community Center receives many brochures, magazines and newspapers. At this time, all of the literature is on a table with minimal organization and it is not user friendly in trying to find a specific item. • The 2 televisions that are in the commons area are precariously mounted due to the nature of their size and weight and have been in existence for many years. • The 2 entrance floor mats have been identified as a medium to again implement the City’s logo and give the building ownership. (The mats would have the logo woven into the fabric. Many establishments such as restaurants, military recruiting offices and corporations have these rugs at their entrances.) Discussion: The 2010 budget includes $25,000.00 for furniture upgrades for the Community Center. As outlined previously, there are a few other items in addition to furniture that Staff has been made aware of and has embarked on receiving quotes for them also. Staff has been in contact with MinnCor Industries to assess the furniture needs at the Community Center. The City can purchase furniture through the Cooperative Purchasing Venture (CPV), a members-only program that enables participating governmental units, such as Mounds View, to purchase goods and services under competitive contract terms established by the State of Minnesota. Continuation Item No: 7D Meeting Date: 10-25-10 (The State did the “leg work” to get the lowest cost for goods and services that are offered through the CPV Program for member agencies.) MinnCor Industries offers new furniture for purchase and re-upholstery services. Staff met with a representative, Jessica Berg, from MinnCor in assessing the needs of the furniture. Ms Berg determined that overall the furniture is basically well built and with the exception of some necessary foam replacement’s it can be re-upholstered. The fabric recommended is a performance style named “crypton” and the color is “smoke” and will match existing carpets and also the metals on the furniture. Staff received a quote for re-upholstering the existing 37 pieces of furniture and a quote for new furniture. (MinnCor will also sand down and refinish certain areas on the arms of the chairs where patrons have defaced them.) MinnCor has also offered to loan the City extra furniture that they have in storage during the re-upholstering. It is estimated that the furniture will be picked up and delivered in 3 different phases. As the furniture is taken out to be re-upholstered, the loaned furniture can be moved to “fill in” the vacant areas. • Re-upholstery $16,222.93 (total cost that also includes pickup and delivery) • New $27,927.51 (total cost that also includes pickup and delivery) MinnCor also provided a quote for (16) new wooden chairs and (2) accent tables at the total cost of $2,154.61. Further Discussion Staff received a cost for (3) brochure/newspaper wall racks in the total amount of $401.40 which includes sales tax and shipping. (The City purchased wall racks for the City Hall literature from this company and is happy with the quality.) Staff received a quote from the Best Buy Government Accounts division for (2) 32” Flat screen televisions to be mounted in the commons areas at the cost of $427.49 each for a total price of $854.98 (includes sales tax). (Wall mounting brackets will also need to be purchased. The cost, including sales tax, is $96.18 each for a total of $192.36) Finally, Staff received 3 quotes for the purchase of (2) customized 4’x9’ floor mats. • Intermats: $392.91 each plus sales tax and shipping. A total cost of $839.85 plus shipping • Southern Advertising: $309.95 each plus a setup cost of $25.00, sales tax and shipping. A total cost of $689.24 + shipping • Minuteman Press: $207.60 each (includes sales tax) No setup charges. A total cost of $415.20. Continuation Item No: 7D Meeting Date: 10-25-10 Recommendation: Staff is recommending the following: • Re-upholster the existing furniture in the amount of $16,222.93 • Purchase (16) wooden chairs and (2) accent tables in the amount of $2,154.61 • Purchase (3) Wall Magazine Racks in the amount of $401.40 • Purchase (2) Flat Screen televisions in the amount of $854.98 along with mounting brackets of $192.36 • Purchase (2) 4’x9’ indoor floor mats with the City’s logo woven into the fabric for $415.21 The total cost of the recommended improvements is $20,241.49. A 5% contingency ($1,008.52) is recommended to be added to this amount in the event that other miscellaneous sales tax, shipping/handling or other unknowns are discovered. This would set the budget amount not to exceed $21,250.00. $25,000 has been budgeted for furniture upgrades for the Community Center to be funded from 280-4180-7030. These purchases will enhance the interior of the Community Center for the current and future patrons of the facility. Respectfully submitted, Tracy Juell, Administrative Assistant RESOLUTION NO. 7686 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE PURCHASE OF INTERIOR IMPROVEMENTS FOR THE MOUNDS VIEW COMMUNITY CENTER WHEREAS, The Mounds View Community Center was built in 2 phases in 1997 and 1998. Since that time the Community Center has had very minimal improvements or changes to the interior furnishings; and WHEREAS, Staff has been made aware of needed improvements through the YMCA Advisory Committee or has determined through evaluation of the building; and WHEREAS, $25,000.00 is budgeted in 2010 for furniture replacement at the Mounds View Community Center from account number 280-4180-7030; and WHEREAS, the following items have been identified and recommended as necessary improvements: • Re-upholster the existing furniture in the amount of $16,222.93 with MinnCor Industries, a company that has the State bid through the Cooperative Purchasing Venture Program (CPV) • Purchase (16) wooden chairs and (2) accent tables in the amount of $2,154.61 with MinnCor Industries, a company that has the State bid through the Cooperative Purchasing Venture Program (CPV) • Purchase (3) Wall Magazine Racks in the amount of $401.40 from Displays2Go • Purchase (2) Flat Screen televisions in the amount of $854.98 along with mounting brackets of $192.36 through the Best Buy Government Accounts Division • Purchase (2) 4’x9’ indoor floor mats with the City’s logo woven into the fabric for $415.21 from Minuteman Press NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve the purchase of the above furnishings for an amount not to exceed $21,250.00, which includes a 5% contingency and funded from account number 280-4180- 7030. Adopted this 25th day of October, 2010 ________________________________ Joe Flaherty, Mayor ATTEST: _________________________________ James Ericson, City Administrator (SEAL) Item No: 7E Meeting Date: October 25, 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 7693, Approving a Non-Standard Street Design for Jackson Drive in Area D of the Street and Utility Improvement Program Background The Street and Utilities Task Force developed street standards for use in the Street and Utility Improvement Program. The Streets and Utilities Committee reviews and provides recommendations to the City Council for non-standard street and financing issues encountered during implementation of the Program. The Committee reviewed non-standard street design and specific needs issues and considerations for Area D of the Program at their August 16, September 20, and October 18 meetings this year. Property owners were invited to attend and provide input and feedback regarding the non-standard streets and specific needs issues with the following: • Jackson Drive (non-standard due to Municipal State Aid status + parking needs) • Pinewood Court (non-standard due to street width) • County Road H2 Sidewalk (between County Road 10 and Jackson Drive) • Lambert Avenue (standard street – proposed on-street parking for Lambert Park) • Adams & Groberg Streets (standard streets – parking/access needs for adjacent businesses) Pinewood Court was approved to be reconstructed to a cul-de-sac at the September 27, 2010 Council meeting. Discussion Existing Conditions Jackson Drive is considered as a non-standard street because it has been identified by the City as a Municipal State Aid (MSA) street and receives State funding. The following is a list of existing characteristics of Jackson Drive from County Road H2 to County Road I: • Existing right-of-way is 66 feet • Existing pavement is approximately 29 feet wide with integral bituminous curb. • There exists approximately 300 feet of B612 concrete curb and gutter on the west side, just south of Groberg Street. • Parking restrictions exists (see attachment). • Jackson Drive is not designated as a pedestrian/bicycle corridor in the City of Mounds View's Comprehensive Plan. There are currently no sidewalks on this segment of Jackson Drive. • Mailboxes are currently on the west side south of Bronson Drive, and on the east side north of Bronson Drive. Considerations/Feedback Bonestroo and City staff developed design and costs options and presented them to the Committee at their August meeting. The Committee decided to move forward with two options. One option (Alternate B) was the standard 28-foot wide street. However, since State-Aid standards apply, there could be no parking on this street width. The second option (Alternate A) was to add a parking lane to one side adding an additional 4-feet to a total width of 32-feet. Resolution 7693 Approving Non-Standard Street Design for Jackson Drive in Area D October 25, 2010 Page 2 These options were sent to property owners on Jackson Drive in Area D through a feedback form (see attached). Property owners were invited to the September Committee meeting to learn more about the options. Only a few residents were in attendance, but the City received 11 feedback forms. The following is a breakdown from the property owner feedback: • 4 favor 32-foot width (Alternate A) • 7 favor 28-foot width (Alternate B) • North of Bronson Drive: 2 favor 32-foot width (Alt. A), 2 favor 28-foot width (Alt. B) • South of Bronson Drive: 2 favor 32-foot width (Alt. A), 5 favor 28-foot width (Alt. B) *(On one of the feedback forms, a resident did not check either option, but rather made a comment to the City to "please stop spending my money"). From an engineering standpoint, both options are feasible. The 32-foot width is approximately $40,000 more to construct mainly due to the additional width. From a practicality standpoint, restricting parking at all times on a residential street is not typical and will adversely affect resident’s ability to have garage sales, graduation parties, etc. In addition, many of the comments in favor of Alternate B were based more on speeding and overflow parking issues from Lambert Park, rather than the lack of need for parking. A proposal for dedicated on-street parking at Lambert Park is being developed and will be considered by the Council at a future time. City Staff and Committee Recommendations The feedback results were discussed at the October Committee meeting. The Committee ultimately recommended (5-1) in favor of Alternate A (32-foot wide with parking lane). Furthermore, the Committee recommends having the parking lane on the east side between County Road H2 and Bronson, and on the west side between Bronson and Groberg Street. This was recommended since Lambert Park and fewer properties exist on the east side (south of Bronson), and since only apartment buildings exist on the west side (north of Bronson). City staff and Bonestroo confer with this recommendation. The section of Jackson Drive between Groberg and County Road I contains “head-in” or perpendicular parking used by Mounds View Estates. City staff has been in discussion with the property owners and will bring a recommendation to the City Council in the near future. Recommendation: Staff recommends that the City Council consider adopting Resolution 7693 approving a 32-foot wide street design for Jackson Drive with parallel parking on the east side between County Road H2 and Bronson Drive, and parallel parking on the west side between Bronson Drive and Groberg Street. Respectfully submitted, Nick DeBar - Public Works Director Attachments: Jackson Drive Existing Conditions Feedback Form Resolution 7693 NO PARKING ALLOWEDNO PARKING ALLOWED.PRIVATE PARKINGUTILIZING PUBLIC RIGHT OF WAY2 HOUR PARKINGEND EXISTING B612 CONCRETE CURB AND GUTTER BEGIN EXISTING B612 CONCRETE CURB AND GUTTER COUNTY ROAD H2JACKSON DRIVELAMBERT PARK BRONSON DR. LAMBERT AVE. COMM:JACKSON DRIVEBRONSON DR. GROBERG ST. COUNTY ROAD I SEE LEFT SEE RIGHT - CONTINUED ON BACK- 2401 Highway 10 | Mounds View, MN 55112 (763) 717-4050 | (763) 717-4019 (Fax) www.ci.mounds-view.mn.us/publicworks FEEDBACK FORM – JACKSON DRIVE 2011 Street and Utility Improvement Project – Area D Please check the appropriate statements below to reflect your opinion: Alternative A: ___ I am in favor of constructing the street 32 feet wide. • This allows on-street parking on one side only • Approximately $40,000 additional cost over Alternate B • Alternative B: ___ I am in favor of constructing the street 28 feet wide. • This is the City's standard residential street width. • This most closely matches the existing width • No parking any time on both sides of road. OR: ___ I have no opinion. Comments: Please list any comments, suggestions, or concerns that you have: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Providing your name and contact information is optional. However, this information helps us identify stakeholders and follow up on your comments. Name(s) Address Phone E-mail Deadline for submittal: Friday, September 24, 2010 - Noon Feedback Forms can be submitted by: • Drop it off at the Public Information Meeting (9/20/2010) • Drop it off at the Public Works Counter or Utility Payment Box at City Hall • Fax to Public Works at 763-717-4019 • E-mail to publicworks@ci.mounds-view.mn.us Thank you for taking the time to complete this form. RESOLUTION 7693 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A NON-STANDARD STREET DESIGN FOR JACKSON DRIVE IN AREA D OF THE STREET AND UTILITY IMPROVEMENT PROGRAM WHEREAS, the City Council adopted Resolution 7176 on October 22, 2007 establishing the Street and Utility Improvement Program (Program), which includes nine Street and Utility Improvement Projects identified as Areas A through I; and WHEREAS, a Streets and Utilities Committee was established through Resolution 7223 on February 11, 2008 to oversee the implementation of the Street and Utility Improvement Program, including providing recommendations to the City Council on design or financing issues encountered during the Program; and WHEREAS, the City Council approved Resolution 7643 on July 12, 2010 authorizing Bonestroo to perform engineering services for the design phase for Area D of the Program; and WHEREAS, Jackson Drive is a non-standard street in Area D of the Program due to it’s Municipal State Aid status; and WHEREAS, Bonestroo and City staff developed design considerations for Jackson Drive in Area D of the Program and reviewed these considerations with the Streets and Utilities Committee and property owners on August 16, September 20, and October 18, 2010, including soliciting property owner feedback; and WHEREAS, City staff and the Street and Utilities Committee recommend that Jackson Drive between County Road H2 and Groberg Street be reconstructed to 32-feet wide, and provide parallel parking on the east side south of Bronson Drive and on the west side north of Bronson Drive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Jackson Drive will be reconstructed as a 32-foot wide street, measured at the face of curb, with 8-foot wide parallel parking on the east side from County Road H2 to Bronson Drive, and 8-foot wide parallel parking on the west side from Bronson Drive to Groberg Street. Adopted this 25th day of October, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 7F Meeting Date: October 25, 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 7694, Approving the Construction of a Concrete Sidewalk along County Road H2 Between County Road 10 and Jackson Drive with Area D of the Street and Utility Improvement Program Background The Street and Utilities Task Force developed street standards for use in the Street and Utility Improvement Program. The Streets and Utilities Committee reviews and provides recommendations to the City Council for non-standard street and financing issues encountered during implementation of the Program. The Committee reviewed non-standard street design and specific needs issues and considerations for Area D of the Program at their August 16, September 20, and October 18 meetings this year. Property owners were invited to attend and provide input and feedback regarding the non-standard streets and specific needs issues with the following: • Jackson Drive (non-standard due to Municipal State Aid status + parking needs) • Pinewood Court (non-standard due to street width) • County Road H2 Sidewalk (between County Road 10 and Jackson Drive) • Lambert Avenue (standard street – proposed on-street parking for Lambert Park) • Adams & Groberg Streets (standard streets – parking/access needs for adjacent businesses) Pinewood Court was approved to be reconstructed to a cul-de-sac at the September 27, 2010 Council meeting. The consideration for a sidewalk in the north boulevard along County Road H2 (between County Road 10 and Jackson Drive) was also discussed with the adjacent property owners in Pinewood Court, as well as Vino & Stogies and the NW property owners at Jackson and County Road H2. Discussion The Sidewalk & Trailway Plan approved with the Comprehensive Plan identifies County Road H2 as a future pedestrian/bicycle corridor (see attached). Since Area D of the Program includes reconstruction of St. Stephen Street, Pinewood Court, and Jackson Drive, there is an opportunity to construct a portion of this proposed sidewalk with the Area D project. In addition, storm sewer is required to be extended from Jackson Drive to Pinewood Court to provide better drainage from the court. The storm sewer construction will require removing/reconstructing the north edge (curbing, boulevard turf, asphalt pavement) of County Road H2 between Pinewood Court and Jackson Drive. There is very little room along County Road H2 between County Road 10 and Pinewood Court to safely walk. In this section of road, County Road H2 is four lanes wide and pedestrians are forced to walk in the outside lane. These fours lanes merge to two lanes with parallel parking on both sides just west of Jackson Drive. An aerial photo is attached for reference. Sidewalk is being proposed in the north boulevard adjacent to the curbing along County Road H2. Having the sidewalk in the north boulevard will align better with the bike path in the north boulevard of H2 on the west side of County Road 10. In addition, the south boulevard has fixed obstacles such as trees and parking lot runoff spillways from the Motor Trend property. Sidewalk Resolution 7694 Approving the Construction of a Concrete Sidewalk along County Road H2 October 25, 2010 Page 2 placed in the north boulevard will also deter having to cross H2 when walking to Lambert Park. Residential properties are located on the north side of H2 between Jackson and Program, where commercial properties exist on the south side. City staff met in person with the three affected property owners to discuss the potential 6-1/2 foot concrete sidewalk improvement. This will require some tree removals as well as a short retaining wall just west of Jackson Drive (see proposed sidewalk plan). The entrances to Vino & Stogies will also need to be reconstructed. All property owners unanimously are in favor of the sidewalk improvement. The estimated cost to construct the sidewalk is $20,000. However, with the tree removals, commercial entrances, and retaining wall construction, this cost is closer to $35,000. The sidewalk is being recommended at this time since major reconstruction for County Road H2 is currently not programmed. City Staff and Committee Recommendations At their October 18, 2010 meeting, the Committee unanimously recommended (6-0) in favor of constructing the concrete sidewalk in the north boulevard of County Road H2 as part of the Area D project. City staff and Bonestroo concur with this recommendation. Recommendation: Staff recommends that the City Council consider adopting Resolution 7694 approving the construction of a 6-1/2 foot wide concrete sidewalk in the north boulevard of County Road H2, located immediately behind the back of curb, between County Road 10 and Jackson Drive. Respectfully submitted, Nick DeBar - Public Works Director Attachments: Existing and Proposed Trails & Sidewalks Aerial Photo of CR H2 between CR 10 and Jackson Drive Proposed Sidewalk Plan Resolution 7694 2008 Mounds View Comprehensive Plan ________________________________________________________________________ Chapter 6: Transportation 6-33 Figure 22: Existing and Proposed Trails & Sidewalks SAINT STEPHEN STHIGHW AY 10JACKSON DR PINEWOOD CT COUNTY ROAD H2 WScale: 1 inch = 100.0 feetCopyright ©2007 Pictometry International Corp. >>>>>>>>>>>>>>>> > > > > > >>>>>>>>>>>>>>>>>>>>>lllllllllllllllllllllllllllllllllllll l l l l l l l lllllllllll llG-BG-BG-B>>>>Pinewood CourtCounty Road H2 Jackson DriveSt. Stephen StreetCo u n t y R o a d 1 0 25 500 Horizontal Scale In Feet CLEAR AND GRUB TREES PROPOSED RETAINING WALL PROPOSED SIDEWALK DATE:COMM:K:\435\435091390\CAD\DWG\435091390ZFD03.DWG COUNTY ROAD H2 SIDEWALK MOUNDS VIEW, MINNESOTA 2011 STREET AND UTILITY INPROVEMENT PROJECT - AREA D 435-09139-0 FIGURE 1 RESOLUTION 7694 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE CONSTRUCTION OF A CONCRETE SIDEWALK ALONG COUNTY ROAD H2 BETWEEN COUNTY ROAD 10 AND JACKSON DRIVE WITH AREA D OF THE STREET AND UTILITY IMPROVEMENT PROGRAM WHEREAS, the City Council adopted Resolution 7176 on October 22, 2007 establishing the Street and Utility Improvement Program (Program), which includes nine Street and Utility Improvement Projects identified as Areas A through I; and WHEREAS, a Streets and Utilities Committee was established through Resolution 7223 on February 11, 2008 to oversee the implementation of the Street and Utility Improvement Program, including providing recommendations to the City Council on design or financing issues encountered during the Program; and WHEREAS, the City Council approved Resolution 7643 on July 12, 2010 authorizing Bonestroo to perform engineering services for the design phase for Area D of the Program; and WHEREAS, County Road H2 is identified as a pedestrian/bicycle corridor in the Sidewalk and Trailway Plan included in the Comprehensive Plan; and WHEREAS, Bonestroo and City staff discussed a potential sidewalk along County Road H2 between County Road 10 and Jackson Drive with the Streets and Utilities Committee and property owners on August 16, September 20, and October 18, 2010, including soliciting adjacent property owner feedback; and WHEREAS, adjacent property owners, City staff, and the Street and Utilities Committee unanimously recommend that a 6-1/2 foot concrete sidewalk be constructed in the north boulevard of County Road H2 between County Road 10 and Jackson Drive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. A 6-1/2 foot wide concrete sidewalk will be constructed in the north boulevard of County Road H2, located immediately behind the top back of curb, between County Road 10 and Jackson Drive as generally shown on the attached County Road H2 Sidewalk plan. 2. The sidewalk construction, including any commercial driveway entrances, tree removals, and retaining walls, will be included with the Area D project of the Street and Utility Improvement Program. Adopted this 25th day of October, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 08A Meeting Date: October 25, 2010 Type of Business: Consent 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. All applicants are “new” which means that they 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 type of license being applied for follows the company name. D. W. Fence Company Fence New Integrity Plumbing & Mechanical, Inc. HVAC New Mechanical Brothers, LLC HVAC New Recommendation: Approve license applications as requested. Item No: 08C Meeting Date: Oct 25, 2010 Type of Business: Consent Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 7687 Approving a One-Year Labor Contract with Law Enforcement Labor Services, Inc. (LELS ) Local No. 204 Introduction: The City and LELS No. 204 (patrol officers) began negotiations for the 2010-2011 labor agreement in May of 2009. The two parties eventually reached an impasse in negotiations and scheduled a mediation session. The mediation did not result in a settled contract thus arbitration was scheduled. The binding arbitration was held in August of 2010 with the arbitrator’s decision released on September 29, 2010. Discussion: The issues that were certified for arbitration included the following: 1. Contract duration 2. Wages 3. Health Insurance contribution 4. Comp Time Balance With regard to contract duration, the City desired a two-year contract which would be consistent with the other labor agreement signed and would be consistent with past practice. The union sought a one year agreement. The arbitrator ruled in favor of the union, granting a one year contract. As for wages, the union was seeking a 2% wage increase across-the-board for 2010, while the City, citing difficult economic times, reduced revenues and budget shortfalls, was not offering a wage increase. The arbitrator ruled in favor of the City on this issue. Regarding the comp time balance, the 2008-2009 contract allows members to accrue and carry-over a comp time balance of 52 hours. The union was seeking a 60-hour balance. The City was amenable to this provision, thus it was removed from consideration by the arbitrator. The final issue then concerned the monthly health insurance contribution. The City had offered a $10 increase in 2010. The 2009 rate was $832.20, the contribution would increase to $842.20 in 2010. The City’s position was (and is) that it cannot continue to fund the cost of health care premium increases. The union had desired a monthly contribution of $867.33, which is the monthly premium for a family HSA plan. LELS 204 Labor Agreement October 25, 2010 Page 2 In addition to the increased health insurance contribution, the union asked that $1,200 be deposited into each employee’s HSA account. The arbitrator supported the increased health insurance contribution to $867.33 but ruled against the union for the additional HSA contribution. Thus, the final binding award for 2010 is a one year contract with a monthly, retroactive health insurance contribution of $867.33. Recommendation: Approve Resolution 7687 which approves a one year labor agreement for LELS 204 (Patrol Officers) with two changes—increasing the comp time balance to 60 hours and increasing the monthly health care contribution to $867.33. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 7687 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A ONE -YEAR LABOR CONTRACT FOR THE YEAR 2010 WITH LAW ENFORCEMENT LABOR SERVICES, INC. (LELS) LOCAL NO. 204, REPRESENTING PATROL OFFICERS WHEREAS, the labor agreement between the City of Mounds View and LELS Local 204 expired at the end of 2009; and, WHEREAS, negotiations between the City and LELS reached an impasse in 2010, resulting in mediation; and, WHEREAS, because mediation did not result in a settlement, LELS exercised its right to binding arbitration, which occurred on August 13, 2010; and, WHEREAS, the arbitrator’s decision was released on September 29, 2010, with the following rulings: Contract Duration: One year, from Jan 1, 2010 through Dec 31, 2010 Wages: No Increase Insurance: $867.33 per month WHEREAS, in addition to the above, an issue that had been certified for arbitration relating to comp time balance was agreed upon by the parties prior to the arbitration: Comp Time: Increase max balance from 52 hours to 60 hours NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby ratify the labor agreement for and with Local 204 of Law Enforcement Labor Services, Inc., retroactively effective for one year from January 1, 2010 through December 31, 2010. Adopted this 25th day of October, 2010. __________________________ Joe Flaherty, Mayor ATTEST: __________________________ James Ericson City Administrator (seal) Item No: 08D Meeting Date: Oct 25, 2010 Type of Business: Consent Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 7688 Approving a One-Year Labor Contract with Law Enforcement Labor Services, Inc. (LELS ) Local No. 232 Introduction: The City and LELS No. 204 (Sergeants) began negotiations for the 2010-2011 labor agreement in 2009. The two parties eventually reached an impasse in negotiations and scheduled a mediation session. The mediation did not result in a settled contract thus arbitration was scheduled. Prior to the arbitration with LELS Local 232, the LELS Local 204 arbitration was decided on September 29, 2010. Discussion: Upon receipt of the ruling for the LELS Local 204, The City discussed options with representation from Local 232. Rather than incurring the shared cost of arbitration, LELS 232 agreed to accept the same terms as arbitrated by LELS 204, in return for dropping all other outstanding issues in 2010. The City Council was amenable to this resolution. Thus, the proposed labor agreement with LELS 232 would be for one year, effective January 1, 2010, with the only change being an increase of the monthly health care contribution from $822.20 to $867.33, retroactively effective January 1, 2010. Recommendation: Approve Resolution 7688 which approves a one-year labor agreement for LELS Local 232 (Sergeants) increasing the health care contribution to $867.33, effective January 1, 2010. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 7688 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A ONE -YEAR LABOR CONTRACT FOR THE YEAR 2010 WITH LAW ENFORCEMENT LABOR SERVICES, INC. (LELS) LOCAL NO. 232, REPRESENTING SERGEANTS WHEREAS, the labor agreement between the City of Mounds View and LELS Local 232 expired at the end of 2009; and, WHEREAS, negotiations between the City and LELS reached an impasse in 2010, resulting in mediation; and, WHEREAS, because mediation did not result in a settlement, LELS exercised its right to binding arbitration, which was scheduled for October 8, 2010; and, WHEREAS, prior to the arbitration scheduled for October 8, an arbitrator’s ruling affecting LELS Local 204 (Patrol Officers) was released on September 29 which awarded a one-year contract to that unit with an increase in insurance contributions to $867.33 per month; and, WHEREAS, rather than going through the time and expense of arbitration, LELS Local 232 agreed to drop all outstanding issues for 2010 in return for the same one-year contract and additional insurance contributions awarded LELS Local 204. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby ratify a labor agreement for and with Local 232 of Law Enforcement Labor Services, Inc., with an increased City insurance contribution of $867.33 per month, retroactively effective for one year from January 1, 2010 through December 31, 2010 Adopted this 25th day of October, 2010. __________________________ Joe Flaherty, Mayor ATTEST: __________________________ James Ericson City Administrator (seal) Item No. 8.G. Meeting Date: October 25, 2010 Type of Business: Consent Agenda Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7692 Electing to Retain the Statutory Tort Limit on Liability for the 2011 Insurance Policies Minnesota Statutes 466.04 provides a limit on municipal tort liability claims. The attached statute is for the Council’s reference. Cities have the option of waving this limit if they purchase insurance policies with larger maximum coverage. There is no reason why the City of Mounds View should waive the statutory limit on tort liability. Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort limit. The decision must be made by the City Council before the effective date of the coverage. The attached resolution declares that the City of Mounds View does not waive the statutory limit on tort liability. Respectfully Submitted, Mark Beer, Finance Director RESOLUTION NO. 7692 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ELECTING TO RETAIN THE STATUTORY TORT LIMIT ON LIABILITY FOR THE 2011 INSURANCE POLICIES WHEREAS, the City of Mounds View is currently making application for insurance policies to cover the period of January 1, 2011 through December 31, 2011; and WHEREAS, Minnesota Statute 466.04 requires that the City Council elect to not waive the monetary limits on municipal tort liability prior to the effective date of the coverage; and WHEREAS, Waiving the statutory tort limit on liability claims is not in the best interest of the City of Mounds View. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View, that the statutory tort limit on municipal tort liability is not waived. Adopted this 25th day of October 2010. Joe Flaherty, Mayor ATTEST: Jim Ericson, City Administrator (SEAL) Item No: 8H Meeting Date: October 25, 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 7695, Authorizing Architect Mechanical, Inc. to Replace an 8-1/2 Ton Roof Top Unit at the Mounds View Community Center Background/Discussion: The MVCC was built in 1998 and has nine individual air-handling units that are used to heat and cool the building. These roof top units (RTUs) are installed in various locations on the roof and each are responsible for heating and cooling a certain part of the building. The unit size (measured in tons) is proportionate to the size of area that is being conditioned. An industry standard of 15 years is used for the life cycle of RTU’s in our region. All RTU’s on the MVCC are original. RTU-3 is an 8-1/2 ton, dual compressor unit that is responsible for conditioning the air in Multi- purpose Room C. Late this past summer, one of the compressors went bad but the unit was still functional. However, now the heat exchanger has also went bad last week and the unit has been “red-tagged” by the HVAC contractor, meaning it cannot be used until properly fixed (i.e., no heat or cooling in Room C). City staff contacted several qualified HVAC contractors to get quotes to repair and replace the unit. Repairing the unit will require replacing the compressor and heat exchanger – two major components on the unit. Replacing the unit requires a crane to remove the old unit and place a new unit in the same footprint, then reconnecting the gas line, electrical, etc. (“plug and play”). Two contractors provided quotes for the work. Quotes to repair the unit were $3,500 and $6,500, and quotes to replace the unit were $7,350 and $11,900, respectively submitted. The low quotes were submitted by Architect Mechanical, Inc. of St. Anthony, Minnesota. Although it would cost less now to repair the units (about half of replacement), it is likely that other components of the unit (panels, circuit boards, etc.) will also begin to fail in the next few years. A new unit should be trouble free for the near future and will be more energy efficient. In addition, the $7,350 replacement cost already includes a $1,500 supplier deduct (if purchased by the end of October, 2010) and there is a $720 rebate that the City will get back, putting the net replacement cost closer to $6,630. Recommendation: Staff recommends that the City Council consider adopting Resolution 7695 authorizing Architect Mechanical, Inc. to replace the 8-1/2 ton RTU at the MVCC. If approved, work should be complete within a week or so. Respectfully submitted, Nick DeBar - Public Works Director Attachments: Architect Mechanical Quote Proposal Resolution 7695 Architect Mechanical, Inc. 2917 Anthony Lane North Phone 612-436-2250 Minneapolis, Mn 55418 Fax 612-436-2253 Date: 10 /25/10 PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: NAME City of Mounds View BLDG NAME Community Center ADDRESS 2410 County Hwy 10 ADDRESS CITY,STATE, ZIP Mounds View, Mn 55112 CITY, STATE, ZIP PHONE 763-717-4051 CONTACT/PHONE Nick DeBar We hereby propose to furnish the materials and perform the labor necessary for the completion of: • Disconnect, remove and properly dispose of the existing Carrier 8 ½ ton packaged roof top unit. • Furnish and install one Bryant 8 ½ ton packaged roof top unit including economizer. • Includes hoisting/rigging, disposal fees, electrical/control wiring, gas piping, final start-up/test and permit. • NOTE: Carrier and Bryant are made by the same company and are identical in efficiency and foot print. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for the above work and completed in a substantial workmanlike manner for the sum of: Total to Architect Mechanical, Inc. $ 7,350.00. Rebate for high efficiency unit (rebate goes back to Owner) $720.00. Total cost after rebate is $6630.00. Respectfully submitted: Patrick Niccum 612-919-3568 Note – This proposal may be withdrawn by us if not accepted within 30 Days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Date Signature Signature Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate. RESOLUTION 7695 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING ARCHITECT MECHANICAL, INC. TO REPLACE AN 8-1/2 TON ROOF TOP UNIT AT THE MOUNDS VIEW COMMUNITY CENTER WHEREAS, the 8-1/2 ton roof top unit serving Multi-purpose Room C at the Mounds View Community Center is not operational and in need of repair or replacement; and WHEREAS, quotes to repair or replace the roof top unit were solicited from qualified HVAC contractors; and WHEREAS, the low quotes were both submitted by Architect Mechanical, Inc. of St. Anthony, Minnesota for $3,500 to repair and $7,350 to replace the roof top unit; and WHEREAS, City staff recommend replacing the roof top unit due to its age and the available supplier discounts and energy efficiency rebates offered; and 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 for $7,350 submitted by Architect Mechanical, Inc. of St. Anthony, Minnesota to replace the 8-1/2 ton roof top unit (RTU#3) at the Mounds View Community Center. 2. City Staff is authorized to prepare an independent contractor agreement between the City of Mounds View and Architect Mechanical, Inc. for $7,350. 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 an independent contractor agreement with Architect Mechanical, Inc. 4. Payment for above said work shall be paid from the Community Center Building Overhead fund under the Capital Equipment account (252-4350-7030). 5. The 2010 adopted Budget for the Capital Equipment account under the Community Center Building Overhead fund (252-4350-7030) is hereby revised and shall be increased $7,350 from $0 to $7,350. Adopted this 25th day of October, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 September 27, 2010 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:07 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, September 27, 2010, City Council Agenda. 21 22 Council Member Mueller requested Items 6A and 6B be swapped. 23 24 MOTION/SECOND: Mueller/Hull. To Approve the Monday, September 27, 2010, agenda as 25 amended. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 5. PUBLIC INPUT 30 31 Dan Mueller, 8343 Groveland Road, noted progress was being made at his neighbor’s property. 32 He thanked staff for working on this issue and asked for an update. Community Development 33 Director Roberts stated he and Jeremiah visited the property today and an abatement company 34 would be visiting the property tomorrow. 35 36 Ray Ramirez, 5273 Irondale Road, stated his neighbor’s dog was waking him in the middle of the 37 night barking and the dogs messes were not being cleaned up in the backyard, which has now 38 created quite an odor. He requested City staff take action. Mayor Flaherty suggested Mr. 39 Ramirez speak with City staff regarding this issue. 40 41 6. SPECIAL ORDER OF BUSINESS 42 B. Oath of Office – Swearing in Ceremony for Police Chief Thomas Kinney 43 44 Mounds View City Council September 27, 2010 Regular Meeting Page 2 Mayor Flaherty administered the Oath of Office for Police Chief Thomas Kinney. The Council 1 offered him a round of applause and thanked him for his dedicated service to the City of Mounds 2 View. Chief Kinney’s daughter, Taylor, pinned on his new badge. 3 4 A. Proclamation – 2010 Fire Prevention Week 5 6 Community Development Director Roberts reviewed October 3rd-9th was 2010 Fire Prevention 7 week. The theme for this year was “Smoke Alarms – A Sound You Can Live With”, to raise the 8 awareness and need for properly working smoke alarms. 9 10 Mayor Flaherty read the Fire Prevention proclamation for the record. 11 12 7. COUNCIL BUSINESS 13 A. Resolution 7675, Approving a Non-Standard Street Design for Pinewood 14 Court Reconstruction. 15 16 Public Works Director DeBar explained Area D was proceeding to be completed in 2011 and 17 there were only two non-standard streets in Area D: Jackson Drive and Pinewood Court. 18 Pinewood Court is a 20-foot wide residential street located on the north side of County Road H2 19 that serves four single-family homes. Its current looped configuration is within a 120-foot wide 20 right-of-way. The street currently functions with 2-way traffic. The existing width is 8 feet less 21 than the City’s standard street width of 28 feet, from face of curb to face of curb. 22 23 Public Works Director DeBar noted there were several options for this roadway, but 24 recommended the City removing the existing loop street and replacing it with a standard cul-de-25 sac. The street would be 28 feet wide. The turnaround portion would have a standard radius of 26 46 feet to the face of the curb. Three different options were presented to the residents. Public 27 input was in favor of the cul-de-sac option and the safety it provided to the neighborhood 28 children. This option (Option C) would require the extension of driveways to match the new 29 curb and would cost approximately $10,000 more than Option A. Staff recommended the 30 Council proceed with Option C, as did the Streets and Utility Commission. 31 32 Mayor Flaherty indicated he was pleased with the discussion held by the Streets and Utility 33 Commission with the residents along Pinewood Court. He was in favor with the committee’s 34 recommendation for a cul-de-sac. 35 36 Council Member Mueller asked if the expense for the cul-de-sac could be reduced if the center 37 island were removed. Public Works Director DeBar indicated this could be further evaluated by 38 Staff. 39 40 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7675, 41 approving a cul-de-sac design configuration for reconstruction of Pinewood Court. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council September 27, 2010 Regular Meeting Page 3 B. Introduction and First Reading of Ordinance 847, an Ordinance Amending 1 Chapter 1008 of the Mounds View City Coode about Signs. 2 3 Planning Associate Heller stated the Council discussed possible changes to the sign code at the 4 August work session meeting, specifically regarding temporary signage were discussed after the 5 owner of Moe’s Restaurant approached the Council about allowing businesses to use banners more 6 often. Staff brought several possible code changes to the September work session for the Council to 7 review. The City Council was supportive of the suggested changes, so staff has drafted an ordinance 8 to amend the sign code. There also are changes for campaign signs in this ordinance due to the date 9 change of the state primary. 10 11 Planning Associate Heller indicated the proposed changes to the sign code address many things. The 12 idea to create an annual permit for banners was liked by the Council, but then a business could 13 potentially have banners up all the time. As an alternative to an annual permit, staff suggested 14 allowing an extra temporary sign period for banners only instead. Staff has included language in the 15 ordinance for an additional permit period only, but if the Council prefers having the annual permit 16 for banners, staff would make that change in the ordinance. 17 18 Planning Associate Heller noted State Statute (Section 211B.045) now requires that all cities, 19 whether or not the city has an ordinance that regulates the size or number of noncommercial 20 (campaign) signs, to allow these signs to be posted from 46 days before the state primary in a state 21 general election year until ten days following the state general election. This means that during the 22 state general election years the City must allow campaign signs to be posted 46 days before the 23 primary election (June 25 in 2010) rather than based on the last day of candidacy filing or thirty days 24 before an election as now set in the City Code. Staff recommends the Council approve the 25 introduction and first reading of Ordinance 847, an ordinance that makes revisions to the City sign 26 code. 27 28 Council Member Mueller asked if the changes made to the Ordinance would reduce staff time 29 spent on sign enforcement. Planning Associate Heller felt the changes would assist with 30 enforcement issues and reduce the time Staff was currently spending on sign issues. 31 32 MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Ordinance 847, 33 an Ordinance Amending Chapter 1008 of the Mounds View City Coode about Signs. 34 35 Council Member Stigney indicated non-commercial signs on private or public property were now 36 allowed to be 3’x3’ and requested this be reduced to a 3’x2’ sign. 37 38 Council Member Gunn agreed to this suggestion. Planning Associate Heller stated the R-1, R-2 39 and R-3 zoning districts could be limited to a 3’x2’ sign. The Council was in favor with this 40 recommendation. 41 42 MOTION AMENDMENT: Stigney/Gunn. To amend the Ordinance to allow non-commercial 43 signs on private property in the R-1, R-2 and R-3 zoning districts to be no larger than 3’x2’ or six 44 square feet. 45 46 Mounds View City Council September 27, 2010 Regular Meeting Page 4 Ayes – 5 Nays – 0 Motion carried. 1 2 ORIGINAL MOTION VOTE: 3 4 Council Member Mueller thanked Staff for presenting a thorough report on the sign issues in the 5 City and for reviewing the Ordinance with Council. 6 7 Ayes – 5 Nays – 0 Motion carried. 8 9 C. Second Reading and Adoption of Ordinance 851, an Ordinance Amending 10 Chapters 502 and 503 of the Mounds View City Code about the Sale of 11 Intoxicating Liquor on Sundays. 12 13 City Administrator Ericson explained the City Council adopted Ordinance 843 earlier this year 14 on May 10, 2010. The ordinance made numerous changes to both Chapter 502 and 503 15 regulating liquor sales in the City of Mounds View. One of the changes in Ordinance 843 16 addressed liquor sales on Sundays. The City Council deleted reference to an additional license 17 that could be obtained by establishments to provide for sales of alcohol from 10:00 am to noon 18 on Sundays. It was staffs understanding that no licensed entity served alcohol during this time, 19 since no establishment had ever requested the additional license. 20 21 City Administrator Ericson indicated it has since come to staff’s attention that both Mermaid and 22 Moe’s have a history of serving alcohol on Sundays before noon, usually in conjunction with a 23 brunch or some other food service. Neither owner was aware that a separate license in addition 24 to the Sunday license was needed to serve for the two hours before noon on Sundays. (The State 25 of MN allows for the sale and service of alcohol beginning at 10 a.m. Sundays.) While the 26 original language, now deleted, seemed fairly straightforward, clearly it had been interpreted 27 otherwise by two of our licensed establishments. Staff recommends approval of the second 28 reading and adoption of Ordinance 851. 29 30 Council Member Mueller questioned how the local businesses would be notified of the change. 31 City Administrator Ericson stated he has been in contact with the two local establishments and 32 would be in further contact with them. 33 34 MOTION/SECOND: Mueller/Hull. To Waive the Second Reading and Adopt Ordinance 851, 35 an Ordinance Amending Chapters 502 and 503 of the Mounds View City Code regarding the 36 Sale of Intoxicating Liquor on Sundays and publish a summary. 37 38 ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 39 40 Ayes – 5 Nays – 0 Motion carried. 41 42 D. First Reading and Introduction of Ordinance 854, an Ordinance Amending 43 Chapter 515 of the Mounds View City Code about the Licensing of Tattoo 44 and Body Art Establishments. 45 Mounds View City Council September 27, 2010 Regular Meeting Page 5 1 City Administrator Ericson stated that during the last legislative session, a new law was adopted 2 to regulate body piercing and other body modification services (comprehensively referred to as 3 “body art” establishments) in Minnesota. Mounds View has had provisions regulating these 4 businesses since 2000, when the City Council adopted Ordinance 663. No such business ever 5 located in the community, although there have been a few inquiries over the years. 6 7 City Administrator Ericson explained with the new state regulations, the League of MN Cities 8 recommends cities examine their city codes and make any necessary amendments or revisions to 9 maintain or achieve consistency with state law. The Council reviewed the proposed revisions at 10 their work session meeting on September 7, 2010 and was generally supportive of the changes. 11 He was pleased the State was stepping in to regulate and license these establishments. Staff 12 recommends approval of the first reading and introduction of Ordinance 854. 13 14 Council Member Mueller read through several portions of the Ordinance explaining that body art 15 and piercing technicians require a permit from the State. 16 17 MOTION/SECOND: Stigney/Mueller. To Waive the First Reading and Introduce Ordinance 18 854, an Ordinance Amending Chapter 515 of the Mounds View City Code about the Licensing of 19 Tattoo and Body Art Establishments. 20 21 Ayes – 5 Nays – 0 Motion carried. 22 23 E. First Reading and Introduction of Ordinance 852, an Ordinance Adopting 24 Recreational Fire Regulations. 25 26 City Administrator Ericson stated that at the August 2, 2010 and September 7, 2010 work 27 sessions, the City Council discussed issues regarding recreational fires and the impacts of such 28 fires on neighboring property owners. The Spring Lake Park – Blaine – Mounds View Fire 29 Department regulations were reviewed as were policies and regulations from many other cities. 30 He indicated the City Council and residents who attended the work sessions expressed concern 31 about recreational fires and agreed that greater enforcement is needed to dissuade residents from 32 violating the regulations. Staff spoke with prosecuting attorney Tom Hughes, who recommended 33 that the recreational fire regulations be incorporated into City Code so that the police department 34 and/or the Code Enforcement inspector could issue misdemeanor citations for violations. 35 36 City Administrator Ericson explained the Fire Department has updated its regulations pertaining 37 to recreational fires. There are two differences, the first being the height of the fire. Ordinance 38 852 limits the height of a fire to no more than two feet while the Fire Department regulation 39 allows for fires up to three feet. The other difference is with the setback of freestanding 40 manufactured fire pits. Ordinance 852 requires a minimum fifteen foot setback while the Fire 41 Department regulations allow for a ten foot setback; however the Fire Dept regulation requires 42 that such devices be equipped with side screens and a cover. Fire Chief Zikmund is aware of the 43 differences. 44 45 Mounds View City Council September 27, 2010 Regular Meeting Page 6 City Administrator Ericson noted the only other issue to discuss relates to effective date of 1 compliance regarding the location of such fire pits and devices. He indicated that there are a 2 number of existing outdoor fireplaces and fire pits that are located closer to a property line than 3 the proposed 15 feet. The Council may need to address wind speeds within the ordinance. By 4 establishing uniform regulations regarding how, where and when fires can take place, it would 5 assist with enforcement. Staff recommends approval of the first reading and introduction of 6 Ordinance 852. 7 8 Mayor Flaherty indicated the regulations were not for 99% of the residents having recreational 9 fires. He stated this addressed those residents burning garbage, burning all day or too close to 10 buildings. 11 12 MOTION/SECOND: Mueller/Hull. To Waive the First Reading and Introduce Ordinance 852, 13 an ordinance which incorporates the Fire Department’s regulations (as amended) on recreational 14 fires into the City Code, in Chapter 1002, Fire Code. 15 16 Council Member Stigney stated he was in favor of the Ordinance as it would assist with the 17 regulation of recreational fires and allow for greater enforcement, when necessary. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 F. Resolution 7674, Authorizing Step Increase for Don Peterson, Public Works 22 Supervisor. 23 24 City Administrator Ericson stated that this item relates to the step increase for Don Peterson, the 25 City’s Public Works Supervisor. He explained Mr. Peterson has worked with the City for six 26 months and has had a satisfactory performance evaluation and recommended his pay be increased 27 to Step 2 or $27.16 per hour. 28 29 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7674, 30 Authorizing a Step Increase for Don Peterson, Public Works Supervisor. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 8. CONSENT AGENDA 35 36 Mayor Flaherty asked to remove Item C from the Consent Agenda for further discussion. 37 38 A. Licenses for Approval. 39 B. Set a Public Hearing for Monday, October 11, 2010, at 7:05 p.m. a Resolution 40 to Consider a Transfer of Ownership Approval for an Off-Site 3.2 Malt 41 Liquor License at SuperAmerica, located at 2640 County Road I. 42 C. Resolution 7676, Authorizing Repair to the Main Impeller of the Street 43 Sweeper. 44 45 Mounds View City Council September 27, 2010 Regular Meeting Page 7 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda Items A and B as 1 presented. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 C. Resolution 7676, Authorizing Repair to the Main Impeller of the Street 6 Sweeper. 7 8 Mayor Flaherty questioned if the repair was necessary for the street sweeper. Public Works 9 Director DeBar noted the street sweeper was a 2005 model and while the repair was a bit 10 premature, it was needed to eliminate the vibration taking place. He indicated the impeller was 11 an expensive repair but had to be done to keep the street sweeper working properly. 12 13 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7676, 14 Authorizing Repair to the Main Impeller of the Street Sweeper. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 9. JUST AND CORRECT CLAIMS 19 20 Finance Director Beer answered the Council's questions related to claims. 21 22 MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as presented. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 10. APPROVAL OF MINUTES 27 A. August 23, 2010, City Council Meeting Minutes. 28 29 Council Member Hull requested a correction on Page 8, Line 24, the sentence should read, the 30 date and the title of “the Resolution” be corrected. 31 32 Council Member Mueller asked that on Page 7, Line 16, should have the wor d ‘‘of ’’ added after 33 all right. 34 35 MOTION/SECOND: Mueller/Hull. To Approve the August 23, 2010, City Council meeting 36 minutes as corrected. 37 38 Ayes – 5 Nays – 0 Motion carried. 39 40 11. REPORTS 41 A. Reports of Mayor and Council. 42 43 Council Member Gunn reported she attended a meeting on September 22nd for Beyond the 44 Yellow Ribbon. The meeting was very worthwhile and she enjoyed speaking with other cities in 45 Mounds View City Council September 27, 2010 Regular Meeting Page 8 the process of joining this organization. She further reviewed the numerous benefits of the 1 program and how it would benefit veterans and their families. 2 3 Council Member Gunn noted the Music of the Knight event was held on Saturday at the Irondale 4 High School, with 15 schools attending from Minnesota and Wisconsin. She encouraged all to 5 attend the bands next performance. 6 7 Council Member Mueller stated the Festival in the Park executive committee met on September 8 21st. Next year’s event was already being planned and is scheduled for August 20th. She 9 encouraged anyone interested in volunteering for the event to attend the next committee meeting. 10 11 Council Member Mueller indicated on Wednesday, September 29, 2010 the police department 12 was hosting a meeting at the Community Center at 7:00 p.m. regarding a level three offender. 13 Police Chief Kinney indicated a number of experts would be on hand to address the concerns of 14 the community. 15 16 B. Reports of Staff. 17 18 1. Police Department Quarterly Report 19 20 Police Chief Kinney reviewed the second quarter Police Department report, April through June 21 with the Council. He touched on the highlights stating calls for service were slightly up from last 22 year. He indicated traffic enforcement remains one of the top complaints and DWI saturation 23 events were up from last year. Another large portion of calls were medical in nature. Police 24 Chief Kinney explained the department was approximately 7% below the budget through second 25 quarter. 26 27 Council Member Mueller questioned how bullying on Facebook or through texts should be 28 handled. Police Chief Kinney indicated a report can always be filed especially if the person feels 29 they are being harassed. He added that the school would also be a valuable resource in this 30 situation. 31 32 City Administrator Ericson reviewed the October work session agenda with the Council. 33 34 City Administrator Ericson explained a meeting was held with Bethlehem Baptist Church on 35 September 15th and was willing to fund a number of items. The City was waiting to hear back 36 from the church on their decision. 37 38 City Administrator Ericson noted there was no update on the police officers arbitrator. He would 39 pass along the information when received. 40 41 City Administrator Ericson indicated October 2nd was the fall clean up day at the Mounds View 42 Public Works Facility. Additional information was available on the City’s website. 43 44 Mounds View City Council September 27, 2010 Regular Meeting Page 9 City Administrator Ericson stated Coventry Senior Housing would be back before the Council in 1 December for final plat approval. 2 3 City Administrator Ericson noted a Special City Council meeting was scheduled for October 4th, 4 prior to the work session meeting, to provide the Council with an update on the pending litigation 5 matter. 6 7 Community Development Director Roberts reviewed an update on the housing inspections 8 completed in the City. He noted five had now passed while three were still awaiting approval. 9 The Council thanked staff for the update. 10 11 C. Reports of City Attorney. 12 13 City Attorney Riggs reviewed a memorandum with the Council. He further reviewed how the 14 recent Supreme Court decision on the Krummanacher case would affect future variance requests. 15 He felt there would be a legislative change in the near future. Counsel did not recommend 16 changing City Code at this time. 17 18 Council Member Mueller asked if the senior housing revenue bonds were reviewed. City 19 Attorney Riggs stated this issue was still pending. Tentative pricing would be closed on the 10th 20 of October. 21 22 12. Next Closed Session Meeting: Monday October 4, 2010, at 6:00 p.m. 23 Next Council Work Session: Monday, October 4, 2010, at 7:00 p.m. 24 Next Council Meeting: Monday, October 11, 2010, at 7:00 p.m. 25 26 13. ADJOURNMENT 27 28 The meeting was adjourned at 9:05 p.m. 29 30 Transcribed by: 31 32 Carla Wirth 33 TimeSaver Off Site Secretarial, Inc. 34 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: October 11, 2010 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 6 p.m. 1. EXECUTIVE SESSION IS CALLED TO ORDER 2. ROLL CALL: Mayor Flaherty, Council Members Stigney, Hull, Mueller, and Gunn, City Administrator Ericson, and Assistant City Administrator Crane 3. CLOSED EXECUTIVE SESSION DISCUSS UNION LABOR CONTRACT NEGOTIATIONS City Administrator Ericson and Council reviewed and discussed the status of the LELS Police (Officers) Union Arbitration. In addition, the City Council discussed continued contract negotiations with AFSCME, LELS Sergeants Union, and Public Works Collective Bargaining Unit. MEETING ADJOURNED AT 6:45p.m. Respectfully Submitted, Desaree Crane Assistant City Administrator 375801 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: October 21, 2010 To: Jim Ericson, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters. Review and revise data practices policy. Consult with City staff regarding same. Additional updates regarding tattoo and body-piercing ordinance and forward to City staff. Consult with City staff regarding same. Review and revise recreational fire ordinance and consult with City staff regarding same. Consult with City staff regarding changing hours for liquor sales. Review broken window claim. Research regarding posting unlicensed contractor information on the City website. Matters are presently pending. MU125-14: Public Works. Draft sample service agreement and consult with City staff. Work on roof management program agreement and consult with City staff. Matters are presently pending. MU125-47: General Zoning Matters. Consult with City staff regarding variance standards and the Krummacher legal ruling. MU210-5: Real Estate Matters. Review and revise proposed Dell-Comm Lease and easement. Consult with City staff re project. 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. 375801 SJR MU125-11 MU210-179: 2009-2010 Street Improvement Project. Begin research on special assessment process and parking/right of way issue near multifamily housing. Consult with City staff. Consult with City staff regarding damage to private property during project. Matter is presently pending. MU210-180: Sommers v. City. Review summary judgment motion papers. The Motion hearing occurred September 23, 2010. We are waiting for the judge’s ruling. Mediation is currently scheduled for October 26, 2010. Matter is presently pending. MU210-189: Coventry Senior Living Project. Review plat and other documents. Draft plat opinion and forward same to City staff. Matter is presently pending. MU210-190: 2010 LELS Arbitration. Consult with City staff regarding arbitration matter. Prepare for and attend arbitration. The arbitration award has been rendered and forwarded to the City. Matter is presently pending. MU210-192: Senior Housing Revenue Bonds, Series 2010 (Select Senior Living). Work on project financing aspects. Draft project documents. Matter is presently pending. SJR:jms