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HomeMy WebLinkAboutAgenda Packets - 2010/11/08CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, November 8, 2010 7:00 p.m. REVISED AS OF NOVEMBER 8, 2010, @11:30AM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Resolution 7698, a Resolution Canvassing Election Results of the 2010 General Election B. Northwest Youth & Family Services Presentation, Jerry Hromotka 7. COUNCIL BUSINESS A. Resolution 7697, Authorizing Retroactive Health Insurance Adjustments to Public Works Bargaining Group and Non-Union Employees B. Resolution 7689, Approving Lease and Access Agreement with Dell-Comm C. Resolution 7699, a Resolution Approving the 2010-2011 AFSCME Union Contract 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7696, Approving the Mounds View Housing Action Plan 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. October 25, 2010, City Council Minutes B. October 25, 2010, Executive Session Minutes C. October 11, 2010, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Public Works Quarterly Reports (2nd and 3rd Quarter) 2. Police Dept Quarterly Report C. Reports of City Attorney 12. Next Council Work Session: Monday, December 6, 2010, at 7pm Next Council Meeting: Monday, November 22, 2010, at 7pm 13. ADJOURNMENT Item No. 06A Meeting Date: November 8, 2010 Type of Business: Special Administrator Review: ______ RESOLUTION 7698 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CANVASSING ELECTION RESULTS OF THE 2010 GENERAL ELECTION WHEREAS, a general election was held November 2, 2010; and WHEREAS, the results of this election are as follows: MAYOR (2- year term) Joe Flaherty 3496 Write-In Votes 97 COUNCIL MEMBER (4-year term) Carol Mueller 2610 Al Hull 2194 Gary Quick 1835 Write-in Votes 55 NOW, THEREFORE, BE IT RESOLVED that Joe Flaherty is being certified as being elected to a two-year term as Mayor of the City of Mounds View; and that Carol Mueller and Al Hull are being certified as being elected to four-year terms as City Council Members of the City of Mounds View. Adopted this 8th day of November, 2010. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, City Administrator (seal) Report to the City of Mounds View November 2010 Item 06B The solution to adult problems tomorrow depends in large measure upon how our children grow up today.” Margaret Mead About NYFS •Mental Health Counseling •Community Services •Day Treatment for Youth www.nyfs.org Preparing youth and families for healthy lives What your support buys •Services for residents are assured •Benefits •Educational attainment •Effective workforce •Citizenship •Leverage outside resources 2009-2010 Service Summary Contracted Services #2009 #2010 As of 9/2010 Counseling 43 $49,650 37 $38,400 Diversion 39 $14,400 32 $8,040 Youth Employment 31 $83,850 17 $38,250 Senior Chore (Y/S)1/11 $11,440 2/6 $2,720 Cost of Contracted 125 $159,340 27 $87,410 City Contract $18,926 $18,661 Cost of Non Contracted 54 $188,000 47 $195,870 Highlights •Opening of Discovery Center •Improved efficiencies •Enhanced programs •Serving younger children Challenges •Giving environment •Reductions and revenues •True to mission •Issues more severe, earlier Future •Role of community based non-profits •21st Century skills •Technology •Diverse funding streams NYFS Partnerships •Communities Arden Hills, Falcon Heights, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, Shoreview, St. Anthony •School Districts Centennial, Columbia Heights, Mounds View, North St. Paul/Maplewood/Oakdale, Roseville Area, St. Anthony/New Brighton, Spring Lake Park, White Bear Lake Area •Collaborations Minnesota Youth Intervention Program Association, North Suburban Gavel Club, Ramsey County Children’s Mental Health Collaborative, Roseville Rotary, Shoreview/Arden Hills Rotary, St. Anthony-New Brighton Family Service Collaborative, Suburban Ramsey Family Collaborative, Twin Cities North Chamber of Commerce •Faith Community •Businesses Item No: 07A Meeting Date: Nov 8, 2010 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 7697 Approving Additional Health insurance Contributions for Non-Union and Public Works Bargaining Group Employees Introduction: The City Council on October 25, 2010 approved resolutions which approved, in part, additional health insurance contributions to employees in the LELS 204 and LELS 232 bargaining groups (police officers and sergeants). The contributions were made retroactive to January 1, 2010. Discussion: In an effort to treat all employees fairly and equitably, the City Council desires to provide the same level of additional health insurance contributions for non-union employees and members of the public works bargaining group, which had previously signed a labor agreement through 2011. The amount of additional contribution would be $25.13 per month, per employee, increasing the total contribution to $867.33 per month, per employee. Recommendation: Approve Resolution 7697 which approves additional health insurance contributions for non- union employees and members of the public works bargaining group. The increase to $867.33 would be retroactive to January 1, 2010. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 7697 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING ADDITIONAL HEALTH INSURANCE CONTRIBUTIONS FOR NON-UNION AND PUBLIC WORKS BARGAINING GROUP EMPLOYEES WHEREAS, as a result of and in response to binding arbitration with the Law Enforcement Labor Services (LELS) Local 204, the City Council approved resolutions on October 25 which, in part, provided for retroactive increases to the monthly City health insurance contribution for members of both LELS 204 and LELS 232 bargaining groups; and, WHEREAS, the City Council desires to maintain equity throughout the organization, and as such, would like to offer the same retroactive increases for non-union employees and members of the public works bargaining unit, who signed a contract through the end of 2011; and, WHEREAS, the amount of the additional contribution would be $25.13 per month per employee, bringing the total monthly contribution up to $867.33; and, WHEREAS, the increased contribution would be effective retroactive to January 1, 2010. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby approve the additional health insurance contribution of $25.13 per month for non-union employees and members of the public works bargaining unit, effective retroactive to January 1, 2010. The resulting total monthly contribution would increase up to $867.33. Adopted this 8th day of November, 2010. __________________________ Joe Flaherty, Mayor ATTEST: __________________________ James Ericson City Administrator (seal) Item No: 07B Meeting Date: Nov 8, 2010 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 7689 Approving a Lease and Access License Agreement with Dell-Comm, Located at 4860 Mustang Circle Introduction: The City owns a land-locked parcel adjacent to the south boundary of the Townsedge Terrace manufactured home park, accessible from Mustang Circle via property owned by Dell-Comm at 4860 Mustang Circle. The parcel had been the site of the original municipal water tower and presently is improved with one of the city’s civil defense siren. Discussion: In 1994, the City Council approved a resolution authorizing a development agreement regarding a building expansion with Wolf & Associates, the property owner at the time of the adjacent property south of the manufactured home park. The resolution (attached) was conditioned on three points, one of which that Wolf & Associates enter into a lease agreement for the use of the former water tower site. While Wolf & Associates ultimately opted against moving forward with their expansion, they did begin to use the City’s parcel, however no lease was executed. At some point subsequent to 1994, Wolf & Associates sold to Dell-Comm, who continue to use the City’s parcel believing that Wolf had secured the requisite approvals. It was not until earlier this year that the City ascertained that no lease had ever been approved for the private usage of the public property. In February, staff contacted Jim Freichels, president of Dell-Comm, and met on-site to discuss potential lease options. Amenable to a formal agreement, staff and Dell-Comm worked on various terms and financial considerations. Once a tentative agreement on the terms had been reached, staff asked Kennedy & Graven to prepare the required documentation—a lease and an easement document—which were then reviewed and modified by Dell-Comm’s attorney. The revisions were deemed mutually acceptable and thus were ready for Council consideration. Lease terms  Three year lease, inclusive of 2010  One-year automatic renewals  Dell-Comm responsible for property taxes on the site  Annual rent $1,000, 3% annual inflator  Dell-Comm provides access license so City can access its parcel Dell-Comm Lease Report November 8, 2010 Page 2 Recommendation: Consider approval of Resolution 7689 authorizing lease and access license agreements between Dell-Comm and the City of Mounds View. Respectfully submitted, ________________________ James Ericson City Administrator Attachments: 1. Resolution 7689 2. Lease Document 3. Access License Agreement Map Overview Midwest Motor Express Dell-Comm Bauer Welding City Parcel RESOLUTION 7689 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A LEASE AND ACCESS LICENSE AGREEMENT WITH DELL-COMM, LOCATED AT 4860 MUSTANG CIRCLE WHEREAS, the City owns a land-locked parcel south of the Townsedge Terrace manufactured home park upon which one of the City’s civil defense sirens is located; and, WHEREAS, the 16,558 square foot parcel is situated between Dell-Comm, located at 4860 Mustang Circle, and Midwest Motor Express, located at 2169 Mustang Drive; and, WHEREAS, Dell-Comm has been using the City’s property for outdoor storage and parking of equipment and there is a mutual desire to formalize the terms of said usage through a lease arrangement; and, WHEREAS, in addition to certain financial considerations, Dell-Comm would agree to grant the City an access license across their property as a condition of the lease; and, WHEREAS, a Lease and Access License Agreement, attached as Exhibits A and B respectively, have been prepared and reviewed by attorneys representing both Dell- Comm and the City of Mounds View. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds View approves the Lease and Access License Agreement with Dell-Comm, located at 4860 Mustang Circle. Adopted this 8th day of November, 2010. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, City Administrator (seal) 374126 SJR MU210-5 LEASE Between CITY OF MOUNDS VIEW As Lessor and DELL-COMM, INC. As Lessee Dated as of ____________________, 2010 This instrument was drafted by: KENNEDY & GRAVEN, CHARTERED (SJR) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 374126 SJR MU210-5 1 THIS LEASE, made as of this ______ day of ____________, 2010, by and between the CITY OF MOUNDS VIEW, a municipal corporation under the laws of the State of Minnesota (the “City”), as Lessor and DELL-COMM, INC., a Minnesota corporation under the laws of the State of Minnesota (the “Lessee”), as Lessee. W I T N E S S E T H: In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I Demise of Site and Warranties Section 1.01. Demise. Subject to and upon the terms, conditions, covenants, and undertakings hereinafter set forth, the City hereby leases to the Lessee, and the Lessee hereby leases from the City, the property described in Exhibit A attached hereto, located in Ramsey County, Minnesota (the “Site”). Section 1.02. City Warranties. The City covenants and warrants to the Lessee that the City has good and merchantable title to the Site, has authority to enter into, execute, and deliver this Lease, and has duly authorized the execution and delivery of this Lease; Section 1.03. Lessee Warranties. The Lessee covenants and warrants to the City that the Lessee has authority to enter into, execute, and deliver this Lease and has duly authorized the execution and delivery of this Lease; Section 1.04. Environmental Covenants. (a) To the best knowledge of the City, after due inquiry: (i) no dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances, as defined in or governed by the provisions of any federal, state, or local law, statute, code, ordinance, regulation, requirement, or rule relating thereto (collectively, “Environmental Regulations”), and also including urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant or contaminant which would subject the owner of the Site to any damages, penalties, or liabilities under any applicable Environmental Regulation (collectively, “Hazardous Substances”) are now or have been stored, located, generated, produced, processed, treated transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over or from the Site in violation of any Environmental Regulation; (ii) no threat exists of a discharge, release or emission of a Hazardous Substance upon or from the Site into the environment; (iii) the Site has not been used as or for a mine, a landfill, a dump or other disposal facility, an industrial or manufacturing facility, or a gasoline service station; (iv) no underground storage tank is located at the Site or has previously been located therein but has been removed therefrom; (v) no violation of any Environmental Regulation now exists relating to the Site, no notice of any such violation or any alleged violation thereof has been issued or given by any governmental entity or agency, and there is not now any investigation or report involving the Site by any governmental entity or agency which in any way relates to Hazardous Substances; (vi) no person, party, or private or governmental agency or entity has given any notice of or asserted any claim, cause of action, penalty, cost, or demand for payment 374126 SJR MU210-5 2 or compensation, whether or not involving any injury or threatened injury to human health, the environment or natural resources, resulting or allegedly resulting from any activity or event described in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in any way to Hazardous Substances, in, upon, under, over, or from the Site, (viii) the Site is not listed in the United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites or any other list of Hazardous Substance sites maintained by any federal, state or local governmental agency; and (ix) the Site is not subject to any lien or claim for lien or threat of a lien in favor of any governmental entity or agency as a result of any release or threatened release of any Hazardous Substance. (b) The Lessee shall not store, locate, generate, produce, process, treat, transport, incorporate, discharge, emit, release, deposit, or dispose of any Hazardous Substance in, upon, under, over or from the Site in violation of any Environmental Regulation, shall not permit any Hazardous Substance to be stored, located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, disposed of, or to escape therein, thereupon, thereunder, thereover, or therefrom in violation of any Environmental Regulation, shall cause all Hazardous Substances to be properly removed therefrom and properly disposed of in accordance with all applicable Environmental Regulations, and shall not install or permit to be installed any underground storage tank thereon or thereunder in violation of any Environmental Regulations which are applicable to the Site. In the event any Hazardous Substance is found upon, under, over or from the Site in violation of any Environmental Regulation and caused by Lessee, or if any lien or claim for lien in favor of any governmental entity or agency is threatened as a result of any release of any Hazardous Substance by Lessee, the Lessee shall, within ten days of such finding, deliver written notice thereof to the City and shall promptly remove such Hazardous Substances caused or released by Lessee upon, under, over, or from the Site and prevent the imposition of any liens against the Site for the cleanup of any such Hazardous Materials. Such removal shall be conducted and completed in compliance with all applicable federal, state and local laws, regulations, rules ordinances and policies, in accordance with the orders and directives of all federal, state and local governmental authorities. In the event the Lessee has not removed such Hazardous Substances caused or released on the Site by Lessee within a time period deemed reasonable by the City, the City may, at its discretion, take such remedial action as the City deems appropriate. Each party hereto further agrees, to the extent permitted by Minnesota law, to reimburse the other party for any and all claims, demands, judgments, penalties, liabilities, costs, damages and expenses, including court costs and attorneys fees directly or indirectly incurred by the reimbursing party’s act or failure to act in any action resulting from any breach of the foregoing covenants. The foregoing representations, warranties, and covenants of this Section shall be deemed continuing covenants, representations, and warranties for the benefit of the parties hereto, including but not limited to any purchaser at a foreclosure sale, any transferee of the title of the City or the Lessee or any other purchaser at a foreclosure sale, and any subsequent owner of the Site, and shall survive the satisfaction or release of this Lease, any foreclosure of a mortgage lien, and any acquisition of title to the Site or any part thereof by the Lessee or any other party, by deed in lieu of foreclosure or otherwise. Any amounts covered by the foregoing shall bear interest from the date incurred at the maximum rate permitted by law and shall be payable on demand. 374126 SJR MU210-5 3 ARTICLE II Term and Rent Section 2.01. Term. The term of this Lease (the “Term”) shall commence as of the day and year first above written, and shall end at the time set forth in Section 3.01. Section 2.02. Rent. During the Term hereof the Lessee agrees to pay to the City at 2401 Highway 10, Mounds View, MN 55112, or at such other place as the City may from time to time designate in writing, $1,000.00, for the year 2010 of the Term of this Lease, due and payable in one lump sum upon execution of this Lease. Thereafter, the $1,000.00 shall be increased by three percent (3%) annually for each of the years 2011 and 2012 of the Term of this Lease, and for any subsequent year thereafter. All rent payments other than the initial rent payment shall be made on or before January 1 of each year of the Term of this Lease, unless this Lease is earlier terminated as provided herein. Section 2.03. Taxes, Other Governmental Charges and Utility Charges. During the Term of this Lease, the Lessee shall pay or cause to be paid when due all gas, water, steam, electricity, heat, power, and other utility charges resulting from Lessee’s use of such utilities and incurred in the operation, maintenance, use, occupancy, and upkeep of the Site; provided, however, in no event shall Lessee be responsible for paying any such charges which are used or incurred as a result of the City’s ownership of the Site or any use of the Site or utilities thereon by the City. The estimated taxes assessed or levied against the Site for 2011 is $1,052.00. If at anytime during the Term or extension thereof, the taxes shall increase by more than fifteen percent (15%) on a cumulative basis from the estimate for 2011, Lessee shall have the right, upon thirty (30) days notice to Lessor, to terminate this Agreement; provided, Lessee shall be obligated to pay taxes in the year of such Term which remain due and payable during the year Lessee terminated this Agreement which are incurred by the City as a result of Lessee’s use of the Site. Lessee shall pay all property and excise taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Site as the result of the Lessee's use of the Site. Section 2.04. Easements. Each party hereto will from time to time, at the request of the other party and at their own respective cost and expense, cooperate and join with the other party: (a) in granting easements and other rights in the nature of easements, releasing existing easements or other rights in nature of easements which are for the benefit of the Site; (b) in executing amendments to any covenants and restrictions affecting the Site; (c) in executing and delivering to any person any instrument appropriate (i) to confirm or to the effect that such grant, release or execution is not detrimental to the proper conduct of the operations of the Lessee on or in the Site, (ii) to show the consideration, if any, being paid for such grant, release, or amendment, (iii) to show that such grant, release, dedication, transfer, petition or amendment does not materially impair the use of the Site or reduce the value of the Site, or (iv) to confirm that each party will remain obligated hereunder to the same extent as if such grant, release, or amendment had not been made, and the Lessee will perform all obligations under such instrument. The consideration, if any, received by the City or the Lessee for such grant, release, or amendment shall be the property of the party receiving such consideration. The Lessee shall provide access to the Site via the Knox Box attached to the perimeter fencing enclosing the Site. 374126 SJR MU210-5 4 ARTICLE III Termination and Renewal Section 3.01. Termination of Lease Term; Renewals. (a) The Term of this Lease will terminate upon the earliest of: (i) the date on which either party terminates this Lease pursuant to Section 5 or as otherwise provided in this Lease; or (ii) as set forth in this Section. (b) If this Lease is not otherwise terminated pursuant to Section 3.01(a) or extended pursuant to Section 3.01(c), it shall terminate as of December 31, 2012. (c) This Lease shall automatically renew for one year periods beginning January 1, 2013, unless either the City or the Lessee shall provide 90 days notice to the other party of its intend to terminate the Lease. Absent such termination notice of the Lease, the Lease Term shall continue for a one year period subject to the Lease rent and adjustment set forth in Section 2.02. Section 3.02. Surrender of Site. Upon termination of the Term of this Lease, the Lessee shall surrender the Site to the City in the condition in which it was originally received from the City, except as repaired, rebuilt, restored, altered, or added to as permitted or required hereby, ordinary wear and tear excepted. The Lessee shall have the right to remove from the Site, at or prior to such termination or possession, all personal property located therein which was financed with moneys provided by the Lessee (unless such removal would result in any claim or lien against the City and the Site) and which is not otherwise owned by the City, but the Lessee shall repair any damages caused by such removal. ARTICLE IV Use of Site; Additional Covenants Section 4.01. Use. The City and the Lessee hereby acknowledge that the Site may be used for storage of materials and equipment of the Lessee only as permitted by the City’s zoning ordinance and other land use regulations of general application and this Lease. The Lessee shall not modify the surface area of the Site nor make any excavations at the Site without first obtaining the express written permission of the City. The City represents and warrants that during the Term of this Lease, the City shall take no action to rezone the Site which would prohibit Lessee’s current use of the same. Section 4.02. Quiet Enjoyment. The City covenants that upon the Lessee’s paying the rent reserved herein, and performing all conditions and covenants set forth in this Lease, the Lessee shall and may peaceably have, hold, and enjoy the Site for the term of this Lease. The Lessee covenants that upon expiration of this Lease, it shall give the City peaceable possession of the Site. Section 4.03. Assignment and Subletting. The Lessee shall have no right to assign its interest in this Lease, without Lessor’s written prior consent, which shall not be unreasonably withheld, conditioned or delayed. 374126 SJR MU210-5 5 Section 4.04. Existing City Civil Defense Equipment. The Lessee acknowledges that the Site contains civil defense equipment of the City. The Lessee shall take no action to interfere with or damage the civil defense equipment of the City. Lessee shall reimburse the City for any damage caused by the Lessee to the City's civil defense equipment. Nothing contained in this Lease shall prevent the City from maintaining its civil defense equipment necessary for the public health, safety and welfare of the City or prevent the City from accessing its civil defense equipment for repairs, inspection or replacement. The City shall hold Lessee harmless and indemnify Lessee for all damages, claims or costs incurred, including, but not limited to, damage to Lessee’s personal property on the Site, resulting from the City or its agent’s gross negligence or willful misconduct at anytime the City accesses the Site as provided in this Lease. ARTICLE V Events of Default and Remedies Section 5.01. Events of Default Defined. Any one or more of the following events shall be an "Event of Default" under this Lease: (a) Failure by the Lessee to pay any payment required to be paid hereunder within five (5) business days of the time specified herein. (b) Failure by either party to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in clause (a) of this Section, for a period of one-hundred twenty (120) days after written notice specifying such failure and requesting that it be remedied has been given to such party by the other party, unless the nondefaulting party shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, the nondefaulting party shall not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the other party within the applicable period and diligently pursued until the default is corrected. The provisions of this Section 5.01(b) are subject to the following limitation: if by reason of force majeure either party is unable in whole or in part to carry out its obligations under this Lease, it shall not be deemed in default during the continuance of such inability or during any other delays which are a direct consequence of the force majeure inability, and the time for such performance shall be extended to cover such delays. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or any of its departments, agencies or officials, or any civil or military authority, or the State of Minnesota or any of its departments, agencies or officials; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of a party and not resulting from its negligence. Each party agrees, however, to remedy with all reasonable dispatch the cause or causes preventing it from carrying out its agreements. 374126 SJR MU210-5 6 (c) The Lessee shall: (i) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee, liquidator or the like of the Lessee or of all or a substantial part of its property; (ii) commence a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect); or (iii) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up or composition or adjustment of debts. Section 5.02. Remedies on Default. Whenever any Event of Default shall have happened and be continuing, the nondefaulting party may take, but only upon not less than five (5) days' written notice to the defaulting party, one or any combination of the following remedial steps: (a) If the Lessee is in default, the City may: (i) without terminating this Lease, re-enter and take possession of the Site and exclude the Lessee from using the Site until the Event of Default is cured; or (ii) terminate the Term of this Lease, exclude the Lessee from use of the Site, and use its best efforts to lease the Site to another for the account of the Lessee. (b) If the City is in default, Lessee may terminate this Lease upon thirty (30) days written notice. (c) Either party, in addition to the foregoing remedies, may take any other action at law or in equity which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant contained herein. Section 5.03. Delay; Notice. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle any party to exercise any remedy reserved to it in this Lease it shall not be necessary to give any notice, other than such notice as may be required in this Lease. Section 5.04. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 5.05. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Lease is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 374126 SJR MU210-5 7 ARTICLE VI Administrative Provisions Section 6.01. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in certified or registered form with postage fully prepaid: If to the Lessee: DELL-COMM, INC. 4860 Mustang Circle Mounds View, MN 55112 Attention: ___________________________ If to the City: City of Mounds View 2401 Highway 10 Mounds View, MN 55112 Attention: City Administrator With a copy to: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Attention: Scott J. Riggs The above-named persons, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Section 6.02. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon the Lessee and the City and their respective successors and assigns. Section 6.03. Severability. In the event any provision of this Lease shall be held invalid or unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 6.04. Amendments, Changes and Modifications. This Lease may be amended or any of its terms modified only by written amendment authorized and executed by the City and the Lessee. Section 6.05. Further Assurances and Corrective Instruments. The Lessee and the City agree that they will, if necessary, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Site or for carrying out the expressed intention of this Lease. Section 6.06. Execution in Counterparts. This Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 374126 SJR MU210-5 8 Section 6.07. Applicable Law; Venue. This Lease shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Lease shall be heard in the state or federal courts of Minnesota, and the parties hereto waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. Section 6.08. Authorized Officers. Whenever under the provisions of this Lease the approval of the Lessee or the City is required, or the Lessee or the City is required to take some action at the request of the other, such approval of such request shall be given for the Lessee or for the City by an Authorized Officer, and any party hereto shall be authorized to rely upon any such approval or request. Section 6.09. Captions. The captions or headings in this Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Lease. Section 6.10. Immunity. With respect to any third party, nothing in this Agreement shall be construed to constitute a waiver of any statutory or common law immunity from or limitation on liability to which the City is entitled under law, including but not limited to those set forth in Minnesota Statutes, Chapter 466. Section 6.11. No Individual Liability. All covenants, stipulations, promises, agreements, and obligations of the Lessee or the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Lessee or the City, respectively, and not of any governing body member, officer, agent, servant, or employee of the Lessee or the City in the individual capacity thereof. 374126 SJR MU210-5 9 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first above written. CITY OF MOUNDS VIEW By: ________________________________________ Joe Flaherty Its: Mayor By: ________________________________________ James Ericson Its: City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this ______ day of _____________, 2010, before me, a Notary Public within and for said County, personally appeared Joe Flaherty and James Ericson, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Administrator of the City of Mounds View, a municipal corporation under the laws of the State of Minnesota and; that this Lease was executed on behalf of the City by authority of its City Council. Notary Public 374126 SJR MU210-5 10 DELL-COMM, INC. By: ________________________________________ Its: ________________________________________ By: ________________________________________ Its: ________________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this _____ day of ___________, 2010, before me, a Notary Public within and for said County, personally appeared _____________________ and _________________, to me personally known, who, being each by me duly sworn, did say that they are the _____________________ and _________________, respectively, of DELL-COMM, INC., a Minnesota corporation under the laws of the State of Minnesota and that this Lease was signed on behalf of the Lessee by authority of its board of directors. Notary Public 374126 SJR MU210-5 A-1 EXHIBIT A TO LEASE The Site described in the referenced instrument is located in Ramsey County, Minnesota, and is legally described as follows: The North 101.16 Feet of the East 164 Feet of the Southwest 1/4 of the Northeast 1/4 of SECTION 17 TOWNSHIP 30 RANGE 23 374122 SJR MU210-5 1 ACCESS LICENSE AGREEMENT THIS ACCESS LICENSE AGREEMENT ("Agreement") is made and entered into as of this ______ day of _________________, 2010, by and between the City of Mounds View, Minnesota, a Minnesota municipal corporation ("City"), FAC Holdings, LLC, a Minnesota limited liability company ("FAC”) and Dell-Comm, Inc., a Minnesota corporation (“Dell- Comm”). RECITALS WHEREAS, City is the owner of the real property described in Exhibit A which is attached hereto and incorporated herein by this reference (the "City Parcel"); WHEREAS, FAC is the owner of the real property described in Exhibit B which is attached hereto and incorporated herein by this reference (the "FAC Parcel"); and WHEREAS, FAC has leased to Dell-Comm, Inc. (“Dell-Comm”), certain rights to the FAC Parcel; and WHEREAS, Dell-Comm and the City have entered into a Lease for the City Parcel dated the ____ day of ______________, 2010 (“City/Dell-Comm Lease”) for a term of three (3) years commencing on January 1, 2010 and ending on December 31, 2012, which may be automatically extended pursuant to the City/Dell-Comm Lease (“Term”); and WHEREAS, in consideration of the City/Dell-Comm Lease, and so long as the City/Dell- Comm Lease is in full force and effect, FAC and Dell-Com have agreed to provide a license to the City over and across the FAC Parcel during the Term of the City/Dell-Comm Lease in order to facilitate more convenient access to and further the use and enjoyment of the City Parcel. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The Recitals set forth above in this Agreement are incorporated into this Agreement as if fully set forth herein. 2. License for Access. So long as the City/Dell-Comm Lease is in full force and effect, FAC hereby grants and conveys to the City a permanent non-exclusive license for vehicular and pedestrian traffic over and across that portion of the FAC Parcel as may now or in the future exist for use as a driveway, parking area(s), and pedestrian walkways and/or sidewalks, as depicted in the cross-hatched area in Exhibit C, which is attached hereto and incorporated herein by this reference (the "FAC License Area") and Dell-Comm hereby consents to the same. The purpose of such license for access is to provide the City and its officers, representatives, employees, agents, guests, invitees, customers, tenants, and successors (collectively "Permittees") ingress and egress over and along the FAC License Area and Dell- Comm’s premises to access the City Parcel. 374122 SJR MU210-5 2 3. No Gift or Dedication. Nothing contained in this Agreement shall be deemed a gift or dedication of any portion of the License Area to the general public, or for any public purpose. 4. Maintenance and Repair. The parties agree that FAC or Dell-Comm, as may be required by the Lease between FAC and Dell-Comm, shall keep the License Area in a serviceable condition, and in accordance with generally accepted maintenance standards for similar commercial real estate in the Twin Cities Metropolitan Area. In the event FAC or Dell-Comm, or its successors or assigns performs excavations or otherwise disturbs any of the FAC License Area in the course of maintenance, repair, replacement or other activity or usage of the FAC License Area, FAC or Dell-Com, as the case may be, shall promptly restore the damaged, excavated, or disturbed area to substantially the same condition as existed immediately prior to the damage, excavation, or disturbance. 5. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the FAC License Area or the FAC Parcel prior to the date of this Agreement. 6. Warranty of Title. FAC warrants that it is the owner of the FAC Parcel as described herein and that FAC has the right, title and capacity to convey to the City the license herein. 7. Interference with License. None of the parties shall erect or place or permit to be erected or placed any improvement, obstruction, or impediment which would materially interfere with the free and unrestricted access in and to the License Area as granted pursuant to this Agreement. 8. Covenants Running with the Land; Binding Effect. Each reference to the City or FAC or Dell-Com shall be deemed to include each of such entities' successors and assigns. The license granted herein and terms and conditions of this Agreement shall be binding on FAC, Dell-Com and their successors and assigns, and the City, its successors and assigns. 9. Notices. All notices, demands, consents and requests which may be or are required to be given by either party to the other hereunder shall be either personally delivered (including overnight delivery service) or by facsimile transmission, and addressed as follows: To City: City of Mounds View 2401 Highway 10 Mounds View, MN 55112 Phone: (763) 717-4000 Fax: (763) 717-4019 Attn: James Ericson 374122 SJR MU210-5 3 To FAC: FAC Holdings, LLC 4860 Mustang Circle Mounds View, MN 55112-1548 Phone: __________________ Fax: ____________________ Attn: ___________________ The foregoing address may be changed from time to time by written notice. Notices shall be deemed received upon personal delivery or facsimile confirmation thereof, or on the next business day if delivered by overnight delivery service. 10. Choice of Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota, without regard to choice of law provisions. 11. Entire Agreement. This document contains the entire understanding and agreement of the parties with respect to the subject matter hereof, and may not be amended except in a writing signed by each of the parties hereto. 12. Termination. This Agreement shall terminate upon expiration or termination of the City/Dell-Com Lease, and, it is agreed and understood that, notwithstanding anything herein to the contrary, this Agreement may be terminated by either party upon thirty (30) days written notice, and in such case of termination or expiration, all rights granted herein shall cease. 13. Recording. This Agreement shall not be recorded. 374122 SJR MU210-5 4 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first above written. CITY OF MOUNDS VIEW By: ______________________________ Joe Flaherty Its: Mayor By: ______________________________ James Ericson Its: City Administrator FAC HOLDINGS, LLC By: ______________________________ Its: ______________________________ By: ______________________________ Its: ______________________________ Dell-Com, Inc. hereby consents to the terms and conditions of this Access License Agreement. DELL-COMM By: ______________________________ Its: ______________________________ 510558v2 374122 SJR MU210-5 A-1 EXHIBIT A LEGAL DESCRIPTION OF CITY PARCEL The North 101.16 Feet of the East 164 Feet of the Southwest 1/4 of the Northeast 1/4 of SECTION 17 TOWNSHIP 30 RANGE 23 RAMSEY COUNTY, MINNESOTA City Parcel 374122 SJR MU210-5 C-1 EXHIBIT B LEGAL DESCRIPTION OF FAC PARCEL LOT 2 AND LOT 3, BLK 1 MOUNDS VIEW INDUSTRIAL PARK NO. 3 RAMSEY COUNTY, MINNESOTA FAC Parcel 374122 SJR MU210-5 C-2 EXHIBIT C DEPICTION OF FAC LICENSE AREA NORTH License AreaCity Parcel DELL- COMM Item No: 08C Meeting Date: Nov 8, 2010 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 7699 Approving a Two-Year Labor Agreement with American Federation of State, County and Municipal Employees, Council 5, Local 2686 Introduction: The City and AFSCME Council No. 5, Local 2686, 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 and no further negotiation occurred until the LELS Local 204 arbitration ruling was released in September 2010. Subsequent to the patrol officer arbitration ruling, AFSCME representatives agreed to settle the two-year contract with no wage increases subject to retroactive adjustment of health care premium contributions. Discussion: The City had previously offered AFSCME members a monthly contribution of $842.22 for insurance premiums. The arbitrator for the patrol officers’ union ruled that the City’s contribution (for that group) should be $867.33 per month per employee. In an effort to maintain internal consistency and equity among employees and bargaining groups, the City Council was amenable to the retroactive adjustment for AFSCME members as well. Other proposed changes to the contract would address the problem with holidays on weekends. AFSCME and City representatives agreed on language that would provide floating holidays for when Christmas Eve and New Year’s Eve fall on a weekend. (The language is consistent with what is written in the City’s Personnel Manual.) Another change would increase the comp time balance to a maximum of 60 hours. The final stipulation to a mutually agreeable contract relates to the implementation of the amended wage and step progression approved by the City Council in May of 2010, which introduced a “half-step” at six months rather than a full step. In return for accepting the revised step progression, the recently hired Public Service Officer (PSO) would be compensated under the previous step progression, whereby the PSO would be eligible for a full step increase to Step 2 at six months, with an increase to Step 3 after one year. Contract Summary: • Wages: No increase in wages 2010 or 2011 • Insurance Contribution $867.33, retroactive to Jan 1, 2010 • Uniform Reimbursement No Increase 2010 or 2011 • Comp Time Balance Increase max accumulated balance to 60 hours • Term Two years, Jan 1, 2010 through Dec 31, 2011 • Holidays Language clarified to address holidays on weekends AFSCME Labor Agreement November 8, 2010 Page 2 Recommendation: Approve Resolution 7699 which approves a two-year labor agreement with AFSCME Council 5 Local 2686 with three changes of note—increasing the comp time balance to 60 hours, increasing the monthly health care contribution to $867.33 (retroactive to January 1, 2010) and revising the holiday language to better address what happens when holidays fall on a weekend. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 7699 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A TWO-YEAR LABOR AGREEMENT WITH AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL COUNCIL NO. 5, LOCAL NO. 2686, EFFECTIVE JANUARY 1, 2010 WHEREAS, the labor agreement between the City of Mounds View and AFSCME Council 5, Local 2686, expired at the end of 2009; and, WHEREAS, negotiations between the City and AFSCME reached an impasse in 2010, resulting in mediation; and, WHEREAS, mediation did not result in a settlement and as a result negotiations stalled; and, WHEREAS, mediation with AFSCME was restarted subsequent to an arbitration decision with a different bargaining group in the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby ratify the labor agreement for and with AFSCME Council 5 Local 2686 retroactively effective for two years from January 1, 2010 through December 31, 2011, with the following provisions of note: • Wages: No increase in wages 2010 or 2011 • Insurance Contribution $867.33, retroactive to Jan 1, 2010 • Uniform Reimbursement No Increase 2010 or 2011 • Comp Time Balance Increase max accumulated balance to 60 hours • Term Two years, Jan 1, 2010 through Dec 31, 2011 • Holidays Language clarified to address holidays on weekends Adopted this 8th day of November, 2010. __________________________ Joe Flaherty, Mayor ATTEST: __________________________ James Ericson City Administrator (seal) Item No: 08A Meeting Date: November 8, 2010 Type of Business: CA Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Community Development Technician Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor license for approval. This contractor license will expire on December 31, 2010. The applicant has submitted appropriate fees and proof of insurance. This applicant is “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. Peaklogix General (commercial) New Recommendation: Approve license applications as requested. Corrections/Revisions made by Councilmember Gunn, Councilmember Mueller, City Administrator Ericson and Community Development Director Roberts. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 October 25, 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, October 25, 2010, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, October 25, 2010, agenda revised 23 as of October 25, 2010 at 3:30 p.m. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Doug Solmonson, 7820 Woodlawn Drive, thanked the Council for all they do for the City. He 30 explained the bus route during snow emergencies changes which affects the residents in the City. 31 No one knows when this is going to happen. Mr. Solmonson questioned if the maintenance crew 32 could plow the bus routes first to assure the bus can stay on schedule. 33 34 Mayor Flaherty suggested that staff contact Metro Transit to inquire why the route was changed 35 in times of snow emergencies. If the City could assist with this situation, this would be done. 36 37 City Administrator Ericson agreed with this recommendation and stated he would speak with 38 Metro Transit to see if there was a way to provide notification of future snow emergencies. 39 40 6. SPECIAL ORDER OF BUSINESS 41 42 None. 43 44 7. COUNCIL BUSINESS 45 Mounds View City Council October 25, 2010 Regular Meeting Page 2 A. Resolution 7691, Consider a Special Assessment for an Unpaid Diseased Tree 1 Charge. 2 3 Finance Director Beer stated a public hearing was held on October 11, 2010 to receive public 4 input regarding the proposed assessment of unpaid administrative offense fines, diseased tree 5 charges, and unpaid property abatement charges. One individual presented his case to the 6 Council and the Council gave him two weeks to seek a resolution from the prior owner or Title 7 Company. The Council made it clear that if the tree removal charge was not paid in the two 8 weeks that it would be certified to the property taxes. 9 10 Finance Director Beer reported the property owner may pay the amount due by October 25, 2010 11 to avoid the $35 administrative fee. At this point, the City has not received payment and will be 12 forwarding the assessment to Ramsey County for collection with the 2011 property taxes. 13 14 Council Member Mueller questioned if the title company were to pay the homeowner before 15 November 25th if the item would be assessed. Finance Director Beer indicated the amount would 16 not be assessed if paid by November 25th. 17 18 Mayor Flaherty asked if staff had been in contact with the homeowner. Finance Director Beer 19 indicated the matter was to be handled by the homeowner and Staff was available to provide any 20 assistance necessary. 21 22 Mayor Flaherty requested staff speak with the homeowner prior to moving forward with this 23 item. Finance Director Beer did not recommend proceeding in this manner as it was not the 24 responsibility of other tax payers to pay for this diseased tree. 25 26 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7691, 27 Approving a Special Assessment for an Unpaid Diseased Tree Charge. 28 29 Council Member Stigney stated the Resolution certifying the amount to his property taxes may 30 assist the homeowner with collection from the title company. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 B. Resolution 7690, Authorizing the Hire of Craig Swalchick to the PSO 35 Position with the Mounds View Police Department. 36 37 Police Chief Kinney stated on August 9, 2010, the City Council authorized Resolution No. 7660 38 to approve the hiring process from the active eligibility list for the currently vacant Public 39 Service Officer (PSO) position. The opening was created due to the resignation of Jaren Zech on 40 August 13, 2010. This position is a ¾ part time non-sworn employee handling various duties 41 with animals and code enforcement issues. 42 43 Police Chief Kinney met with the Police Civil Service Commission on October 11, 2010 44 regarding the procedures for completing the hiring process and an updated eligibility list of the 45 Mounds View City Council October 25, 2010 Regular Meeting Page 3 following three names was certified by the commission: Craig Swalchick, Ryan Hegarty and 1 Andrew Cherland. The top candidate on the list is Craig Swalchick. A successful background 2 investigation was conducted on Mr. Swalchick. Staff from the Police Department have met with 3 Mr. Swalchick and recommends he be hired to the position. 4 5 Police Chief Kinney seeks Council approval to proceed with appointing Craig Swalchick to the 6 position of Public Service Officer at the step one pay rate according to the AFSCME labor union 7 contract effective October 26, 2010. The current step one rate of pay is $12.73 per hour. 8 9 Council Member Stigney questioned if one-quarter of the PSO’s time was paid by the Economic 10 Development. Finance Director Beer indicated this was the case. 11 12 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7690, 13 Authorizing the Hire of Craig Swalchick to the PSO Position with the Mounds View Police 14 Department. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 C. Resolution 7684, Authorizing INSPEC, Inc. to Prepare a Roof Management 19 Program and Perform Roof Repair Administration Services. 20 21 Public Works Director DeBar stated Public Works has been investigating the reoccurring roof 22 issues this past year, including a comprehensive roof management program proposal for all City-23 owned buildings. This proposal was presented and discussed at the October 4, 2010 work session 24 and considered for approval at the October 11, 2010 regular Council meeting. The Council seems 25 to be on-board with the proposal, but the City Attorney had a concern with the dispute/resolution 26 article of the consultant-supplied agreement being considered. The Council instructed staff to 27 work with the City Attorney to revise the INSPEC agreement or draft an entirely separate 28 agreement similar to the City Forestry consultant agreement. The City Attorney has reviewed the 29 document and approved the revisions. 30 31 Public Works Director DeBar indicated this agreement is similar to what was drafted for the City 32 Forestry services. City staff that the City Council consider adopting Resolution 7684 authorizing 33 INSPEC to prepare a Roof Management Program and perform roof repair administration services 34 for the higher priority repairs stemming from the Program evaluation. The total fee proposal is 35 $11,400; however, this fee does not include any non-destructive testing that might be required for 36 some roof evaluations. A 10% contingency ($1,100) is recommended to be added to this amount 37 for a budget amount not to exceed $12,500. 38 39 Council Member Mueller stated the contract completion date was on or before March of 2011. 40 She questioned if the contract would then expire if not completed. Public Works Director DeBar 41 indicated this was an established deadline, but the work would be completed by INSPEC before 42 March. 43 44 Mounds View City Council October 25, 2010 Regular Meeting Page 4 Mayor Flaherty indicated this report would provide valuable information as the City’s numerous 1 buildings were in need of repair. 2 3 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7684, 4 Authorizing INSPEC, Inc. to Prepare a Roof Management Program and Perform Roof Repair 5 Administration Services. 6 7 Ayes – 5 Nays – 0 Motion carried. 8 9 D. Resolution 7686, Approving Interior Improvements for the Mounds View 10 Community Center. 11 12 Public Works Director DeBar stated that the Mounds View Community Center was built in 2 13 phases in 1997 and 1998. Since that time the Community Center has had very minimal 14 improvements or changes to the interior. The following bullet points are improvements that Staff 15 has been made aware of through the YMCA Advisory Committee or has determined through 16 evaluation of the building. 17 18 • The furniture is basically of the same quantities and design. The patterns and colors on 19 the furniture are reminiscent of when the original carpet was installed in the Community 20 Center in 1997-98. Through the years the furniture fabric has been torn, stained and 21 defaced. 22 • The wooden chairs that are present in the commons area located by the vending machines 23 have been repaired numerous times and are now in need of replacement. 24 • The accent tables in the commons area were donated some time ago and are in need of 25 replacement. 26 • Due to the nature of the business, the Community Center receives many brochures, 27 magazines and newspapers. At this time, all of the literature is on a table with minimal 28 organization and it is not user friendly in trying to find a specific item. 29 • The 2 televisions that are in the commons area are precariously mounted due to the nature 30 of their size and weight and have been in existence for many years. 31 • The 2 entrance floor mats have been identified as a medium to again implement the City’s 32 logo and give the building ownership. (The mats would have the logo woven into the 33 fabric. Many establishments such as restaurants, military recruiting offices and 34 corporations have these rugs at their entrances.) 35 36 Public Works Director DeBar explained the 2010 budget includes $25,000.00 for furniture 37 upgrades for the Community Center. As outlined previously, there are a few other items in 38 addition to furniture that Staff has been made aware of and has embarked on receiving quotes for 39 them also. Staff has been in contact with MinnCor Industries to assess the furniture needs at the 40 Community Center. The City can purchase furniture through the Cooperative Purchasing Venture 41 (CPV), a members-only program that enables participating governmental units, such as Mounds 42 View, to purchase goods and services under competitive contract terms established by the State 43 of Minnesota. 44 Mounds View City Council October 25, 2010 Regular Meeting Page 5 1 Public Works Director DeBar indicated staff received a quote for re-upholstering the existing 37 2 pieces of furniture and a quote for new furniture. (MinnCor will also sand down and refinish 3 certain areas on the arms of the chairs where patrons have defaced them.) MinnCor has also 4 offered to loan the City extra furniture that they have in storage during the re-upholstering. It is 5 estimated that the furniture will be picked up and delivered in 3 different phases. As the furniture 6 is taken out to be re-upholstered, the loaned furniture can be moved to “fill in” the vacant areas. 7 8 • Re-upholstery $16,222.93 (total cost that also includes pickup and delivery) 9 • New $27,927.51 (total cost that also includes pickup and delivery) 10 • MinnCor also provided a quote for (16) new wooden chairs and (2) accent tables at the 11 total cost of $2,154.61. 12 13 Public Works Director DeBar received a cost for (3) brochure/newspaper wall racks in the total 14 amount of $401.40 which includes sales tax and shipping. Staff also received a quote from the 15 Best Buy Government Accounts division for (2) 32” Flat screen televisions to be mounted in the 16 commons areas at the cost of $427.49 each for a total price of $854.98 (includes sales tax). Wall 17 mounting brackets will also need to be purchased. The cost, including sales tax, is $96.18 each 18 for a total of $192.36. Finally, Staff received 3 quotes for the purchase of (2) customized 4’x9’ 19 floor mats. The low bid came from Minuteman Press: $207.60 each (includes sales tax) No setup 20 charges. A total cost of $415.20. 21 22 Public Works Director DeBar recommended the following: 23 24 • Re-upholster the existing furniture in the amount of $16,222.93 25 • Purchase (16) wooden chairs and (2) accent tables in the amount of $2,154.61 26 • Purchase (3) Wall Magazine Racks in the amount of $401.40 27 • Purchase (2) Flat Screen televisions in the amount of $854.98 along with mounting 28 brackets of $192.36 29 • Purchase (2) 4’x9’ indoor floor mats with the City’s logo woven into the fabric for 30 $415.21 31 32 Public Works Director DeBar indicated the total cost of the recommended improvements is 33 $20,241.49. A 5% contingency ($1,008.52) is recommended to be added to this amount in the 34 event that other miscellaneous sales tax, shipping/handling or other unknowns are discovered. 35 This would set the budget amount not to exceed $21,250.00. 36 37 Council Member Stigney asked if there was funding set aside for the heating/air conditioner unit 38 replacement. Public Works Director DeBar indicated the Community Center Fund would cover 39 the expense for the RTU. The furniture improvements would come out of a Special Projects 40 fund. In addition, the roof repair would be completed out of the Special Projects fund. 41 42 Council Member Stigney requested that future purchases come out of the Community Center 43 Fund and not out of Special Project funds. 44 Mounds View City Council October 25, 2010 Regular Meeting Page 6 1 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7686, 2 Approving the Interior Improvements for the Mounds View Community Center. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 E. Resolution 7693, Approving a Non-Standard Street Design for Jackson Drive 7 in Area D of the Street and Utility Improvement Program. 8 9 Public Works Director DeBar stated that the Street and Utilities Task Force developed street 10 standards for use in the Street and Utility Improvement Program. The Streets and Utilities 11 Committee reviews and provides recommendations to the City Council for non-standard street 12 and financing issues encountered during implementation of the Program. The Committee 13 reviewed non-standard street design and specific needs issues and considerations for Area D of 14 the Program at their August 16, September 20, and October 18 meetings this year. Staff reviewed 15 the comments made by property owners regarding Jackson Drive being a non-standard street. 16 17 Public Works Director DeBar indicated Bonestroo and City staff developed design and costs 18 options and presented them to the Committee at their August meeting. The Committee decided to 19 move forward with two options. One option (Alternate B) was the standard 28-foot wide street. 20 However, since State-Aid standards apply, there could be no parking on this street width. The 21 second option (Alternate A) was to add a parking lane to one side adding an additional 4-feet to a 22 total width of 32-feet. 23 24 Public Works Director DeBar explained from an engineering standpoint, both options are 25 feasible. The 32-foot width is approximately $40,000 more to construct mainly due to the 26 additional width. From a practicality standpoint, restricting parking at all times on a residential 27 street is not typical and will adversely affect resident’s ability to have garage sales, graduation 28 parties, etc. In addition, many of the comments in favor of Alternate B were based more on 29 speeding and overflow parking issues from Lambert Park, rather than the lack of need for 30 parking. A proposal for dedicated on-street parking at Lambert Park is being developed and will 31 be considered by the Council at a future time. 32 33 Public Works Director DeBar stated the feedback results were discussed at the October 34 Committee meeting. The Committee ultimately recommended (5-1) in favor of Alternate A (32-35 foot wide with parking lane). Furthermore, the Committee recommends having the parking lane 36 on the east side between County Road H2 and Bronson, and on the west side between Bronson 37 and Groberg Street. This was recommended since Lambert Park and fewer properties exist on the 38 east side (south of Bronson), and since only apartment buildings exist on the west side (north of 39 Bronson). City staff and Bonestroo confer with this recommendation. Staff recommends that the 40 City Council consider adopting Resolution 7693 approving a 32-foot wide street design for 41 Jackson Drive with parallel parking on the east side between County Road H2 and Bronson 42 Drive, and parallel parking on the west side between Bronson Drive and Groberg Street. 43 44 Mounds View City Council October 25, 2010 Regular Meeting Page 7 Council Member Hull indicated he spoke with a resident in favor of Alternate B with no 1 additional parking lane. Public Works Director DeBar indicated all streets have to allow for 2 parking, especially State-Aid streets. A minimal standard may have to be created by the Streets 3 and Utilities Committee. 4 5 Council Member Mueller questioned if the parking lane could be used as a trail for pedestrian 6 traffic and bicycles. Public Works Director DeBar explained the parking lane would not be a 7 designated trail but pedestrian traffic could be in this area. 8 9 Council Member Mueller asked if there would be two hour parking near the apartment complex. 10 Public Works Director DeBar indicated this has not been discussed by the Streets and Utilities 11 Committee. 12 13 Jim Battin, Streets and Utilities Committee member, explained the Area D street improvement 14 program was below the limits for Rice Creek Watershed impervious surface requirements. He 15 indicated that a future joint meeting with the Park and Rec Committee to discuss the parking lot 16 situation at Lambert Park. 17 18 Public Works Director DeBar noted several homes along Jackson Drive have extremely short 19 driveways. The City does not want to negatively impact any property with the improvements and 20 may have to put a bend in the road to assure that this does not occur. 21 22 Mayor Flaherty questioned if Jackson Drive was posted no parking at this time. Public Works 23 Director DeBar stated the road was only posted “No Parking” near the park. 24 25 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7693, 26 Approving a Non-Standard Street Design for Jackson Drive in Area D of the Street and Utility 27 Improvement Program. 28 29 Council Member Hull stated he was in favor of Alternate B, as this was the recommendation 30 from the majority of the residents. 31 32 Ayes – 4 Nays – 1 (Hull) Motion carried. 33 34 F. Resolution 7694, Approving the Construction of a Concrete Sidewalk along 35 County Road H2 Between County Road 10 and Jackson Drive with Area D 36 of the Street and Utility Improvement Program. 37 38 Public Works Director DeBar stated that the Street and Utilities Task Force developed street 39 standards for use in the Street and Utility Improvement Program. He indicated the Sidewalk & 40 Trailway Plan approved with the Comprehensive Plan identifies County Road H2 as a future 41 pedestrian/bicycle corridor. Since Area D of the Program includes reconstruction of St. Stephen 42 Street, Pinewood Court, and Jackson Drive, there is an opportunity to construct a portion of this 43 proposed sidewalk with the Area D project. In addition, storm sewer is required to be extended 44 from Jackson Drive to Pinewood Court to provide better drainage from the court. The storm 45 Mounds View City Council October 25, 2010 Regular Meeting Page 8 sewer construction will require removing/reconstructing the north edge (curbing, boulevard turf, 1 asphalt pavement) of County Road H2 between Pinewood Court and Jackson Drive. 2 3 Public Works Director DeBar explained having the sidewalk in the north boulevard will align 4 better with the bike path in the north boulevard of H2 on the west side of County Road 10. In 5 addition, the south boulevard has fixed obstacles such as trees and parking lot runoff spillways 6 from the Motor Trend property. Approving the Construction of a Concrete Sidewalk along 7 County Road H2 placed in the north boulevard will also deter having to cross H2 when walking 8 to Lambert Park. Residential properties are located on the north side of H2 between Jackson and 9 Program, where commercial properties exist on the south side. City staff met in person with the 10 three affected property owners to discuss the potential 6-1/2 foot concrete sidewalk 11 improvement. This will require some tree removals as well as a short retaining wall just west of 12 Jackson Drive. The entrances to Vino & Stogies will also need to be reconstructed. All property 13 owners unanimously are in favor of the sidewalk improvement. 14 15 Public Works Director DeBar noted the estimated cost to construct the sidewalk is $20,000. 16 However, with the tree removals, commercial entrances, and retaining wall construction, this cost 17 is closer to $35,000. The sidewalk is being recommended at this time since major reconstruction 18 for County Road H2 is currently not programmed. 19 20 Public Works Director DeBar indicated at their October 18, 2010 meeting, the Committee 21 unanimously recommended (6-0) in favor of constructing the concrete sidewalk in the north 22 boulevard of County Road H2 as part of the Area D project. City staff and Bonestroo concur with 23 this recommendation. Staff recommends that the City Council consider adopting Resolution 24 7694 approving the construction of a 6-1/2 foot wide concrete sidewalk in the north boulevard of 25 County Road H2, located immediately behind the back of curb, between County Road 10 and 26 Jackson Drive. 27 28 Council Member Stigney questioned if the sidewalk would set back from the street. He asked if 29 asphalt could be used in lieu of concrete. Public Works Director DeBar stated the setback was 30 necessary when mailboxes and street lights were in place. However, along H2 there was a 31 parking lane which provided a buffer from moving traffic. Concrete was chosen for this project 32 as it was smaller, but asphalt could be used. Concrete was more durable over time and the prices 33 between the two growing closer. 34 35 Consulting Engineer Rhein explained asphalt paving machines were not able to complete a 6 ½ 36 foot wide sidewalk unless done by hand, which would be extremely labor intensive. The 37 minimum trail width for asphalt was eight feet. 38 39 Mayor Flaherty asked if the City had the proper equipment to clear a 6 ½ foot wide sidewalk. 40 Public Works Director DeBar indicated the City had did have a machine to clear the concrete 41 sidewalk as this was the standard width and the City would be responsible for clearing the new 42 sidewalk along H2. 43 44 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7694, 45 Mounds View City Council October 25, 2010 Regular Meeting Page 9 Approving the Construction of a Concrete Sidewalk along County Road H2 between County 1 Road 10 and Jackson Drive with Area D of the Street and Utility Improvement Program. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 8. CONSENT AGENDA 6 7 Mayor Flaherty asked to remove Item C. 8 9 Council Member Stigney asked to remove Item H. 10 11 A. Licenses for Approval. 12 B. Resolution 7689, Approving Lease and Access Easement with Dell Comm. 13 C. Resolution 7687, Approving the 2010 Labor Agreement with LELS 204 14 (Patrol). 15 D. Resolution 7688, Approving the 2010 Labor Agreement with LELS 232 16 (Sergeants). 17 E. Schedule a Public Hearing for Monday, November 22, 2010, at 7:05 p.m. to 18 Approve the 2011 Fee Schedule. 19 F. Set an Executive Session of the City Council for October 25, 2020, 20 Immediately Following Regular Council Meeting, to Discuss Labor 21 Negotiations. 22 G. Electing to Retain the Statutory Tort Limit on Liability for the 2011 23 Insurance Policies. 24 H. Resolution 7695, Authorizing Architect Mechanical, Inc. to Replace an 8 ½ 25 Ton Roof Top Unit at the Mounds View Community Center. 26 27 MOTION/SECOND: Mueller/Stigney. To Approve the Consent Agenda, Items A, D, E, F and 28 G. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 C. Resolution 7687, Approving the 2010 Labor Agreement with LELS 204 33 (Patrol). 34 35 Mayor Flaherty requested staff review the items agreed to within the Contract. City 36 Administrator Ericson reviewed the agreed upon terms between the City and LELS 204 after 37 completing arbitration. It was determined the officers would have no wage increase for the year 38 but would have an increase in the health insurance contribution. 39 40 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7687, 41 Approving the 2010 Labor Agreement with LELS 204 (Patrol). 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council October 25, 2010 Regular Meeting Page 10 H. Resolution 7695, Authorizing Architect Mechanical, Inc. to Replace an 8½ 1 Ton Roof Top Unit at the Mounds View Community Center. 2 3 Council Member Stigney questioned if a third bid had been received for the roof top unit. City 4 Administrator Ericson stated he did receive a phone call around 4:00 p.m. which was forwarded 5 to the Public Works Department. However, a response was not received before 4:30 p.m. 6 7 Council Member Stigney asked if the Council could delay action on this item until receiving this 8 additional bid. Public Works Director DeBar explained if the purchase of the unit were 9 completed before the end of October the City would receive an energy rebate from Xcel in the 10 amount of $720 and a $1,500 rebate from the manufacturer. He noted the new unit also had an 11 economizer function that would assist the City with future cost savings. 12 13 Council Member Stigney questioned if the City had time to entertain another option. Public 14 Works Director DeBar stated the current unit has been red-tagged and can only be used at the 15 City’s risk. The City’s multi-purpose room was not being heated at this time. He indicated 16 Architect Mechanical was able to purchase the new unit and install it within the next week. 17 18 City Administrator Ericson indicated if the City were to receive any additional bids lower than 19 the current low bidder, the information would be brought to the Council for further review. 20 21 MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Adopt Resolution 7695, 22 Authorizing Architect Mechanical, Inc. to Replace an 8½ Ton Roof Top Unit at the Mounds 23 View Community Center, with Staff bringing any additional bids to the Council for further 24 review, if necessary. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 9. JUST AND CORRECT CLAIMS 29 30 Finance Director Beer answered the Council's questions related to claims. 31 32 MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as presented. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 10. APPROVAL OF MINUTES 37 A. September 27, 2010, City Council Meeting Minutes. 38 39 MOTION/SECOND: Mueller/Stigney. To Approve the September 27, 2010, City Council 40 meeting minutes as amended. 41 42 Council Member Stigney requested a change on Page 3, Line 36 and 37, that the sign size be 43 replaced with the proper sign square footage, being six square feet. 44 45 Mounds View City Council October 25, 2010 Regular Meeting Page 11 Ayes – 5 Nays – 0 Motion carried. 1 2 B. October 11, 2010, Executive Session Minutes. 3 4 MOTION/SECOND: Flaherty/Hull. To Approve the October 11, 2010, Executive Session 5 meeting minutes as corrected. 6 7 Ayes – 5 Nays – 0 Motion carried. 8 9 11. REPORTS 10 A. Reports of Mayor and Council. 11 12 Council Member Mueller asked that all residents be safe this weekend with Trick or Treater’s 13 walking the streets this Sunday. She encouraged all to attend the Pinewood parade on Friday 14 afternoon, along with other events planned by local churches. 15 16 Council Member Mueller indicated the Mounds View Festival in the Park Committee was 17 seeking volunteers to assist with planning next year’s event, scheduled for August 20, 2011. She 18 explained the Committee meets at City Hall on the third Tuesday of the month at 7:00 p.m. 19 20 Mayor Flaherty updated the Council on the TCAAP property. The GSA has had two bidder’s 21 conferences and was now compiling an invitation for bid. He indicated he would keep the public 22 posted on when the auction was scheduled to take place. 23 24 Mayor Flaherty stated Si Simon of Simon’s Sporting Goods Shop passed away last week at the 25 age of 87. The Council sends their condolences to his family and thanks him for his many 26 contributions to the City of Mounds View. 27 28 City Administrator Ericson added that Alice Frits passed away this past week. The Council 29 sends their condolences to her family as well. 30 31 B. Reports of Staff. 32 33 1. Finance Quarterly Report 34 35 Finance Director Beer reviewed the quarterly financial report with the Council in detail. He 36 explained revenues were down in the general fund for 2010, in a large part due to the reduction in 37 local government aid. The Community Center Fund has a deficit of $66,000, but payments 38 would be made into this fund in the fourth quarter. Rental revenues were down, but a new client 39 has signed on for rental services. Investments were gaining little interest at this time, but 40 inflation was remaining low. 41 42 Finance Director Beer indicated the Finance Department would be working on the 2011 budget 43 for the Truth in Taxation meeting scheduled for December 6, 2010 at 6:00 p.m. and continued to 44 December 13, 2010 at which time the Council will need to adopt the budget and tax levy. 45 Mounds View City Council October 25, 2010 Regular Meeting Page 12 1 Mayor Flaherty commented the loss of local government aid led the Council to make some tough 2 decisions in budgeting for 2010 and 2011. He commended Staff and Council for reducing 3 expenditures and becoming more efficient to handle these financial losses. 4 5 2. Administration Quarterly Report 6 7 City Administrator Ericson reviewed his administrative quarterly report. Much of his time has 8 been spent on the 2011 budget in the third quarter. There was a $350,000 gap at the start of the 9 third quarter and this discrepancy has been eliminated over time. He indicated Staff has been 10 working diligently to prepare for the election as well, which would take place on November 2, 11 2010. 12 13 City Administrator Ericson stated Staff was also working to acquire easements at the corner of 14 County Road H and Silver Lake Road. These easements were received and forwarded to Ramsey 15 County for recordation. Staff would continue to work on a lease and access easement with Dell 16 Comm. This information should come before the Council in November. 17 18 City Administrator Ericson commented on the goals established by the Council in the beginning 19 of the year and how actions completed in the past quarter correlated with these goals. 20 Construction continued on Street Improvement Areas A, B and C. The City has received 21 numerous positive comments from the residents. 22 23 City Administrator Ericson indicated the City currently has 120 foreclosed homes which the City 24 was monitoring for code enforcement issues and all necessary assessments have been filed. The 25 City was working and would continue to reach out to the residents and business community to 26 find ways to increase communication, through the City’s website, newsletter, and via Facebook. 27 28 Mayor Flaherty thanked Staff for a job well done and asked that Heidi Steinmetz be personally 29 thanked for her communication efforts. He requested that the website be updated. 30 31 C. Reports of City Attorney. 32 33 None. 34 35 12. Next Council Work Session: Monday, November 1, 2010, at 7:00 p.m. 36 Next Council Meeting: Monday, November 8, 2010, at 7:00 p.m. 37 38 13. RECESS TO EXECUTIVE SESSION 39 40 MOTION/SECOND: Mueller/Hull. To Recess into Executive Session at 9:15 p.m. to discuss 41 Labor Contract Negotiations. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 Mounds View City Council October 25, 2010 Regular Meeting Page 13 1 14. ADJOURNMENT 2 3 The meeting was adjourned at 9:52 p.m. 4 5 Transcribed by: 6 7 Carla Wirth 8 TimeSaver Off Site Secretarial, Inc. 9 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: October 25, 2010 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 9:17 p.m. 1. EXECUTIVE SESSION IS CALLED TO ORDER 2. ROLL CALL: Mayor Flaherty, Council Members Stigney, Hull, Mueller, and Gunn, and City Administrator Ericson 3. CLOSED EXECUTIVE SESSION DISCUSS UNION LABOR CONTRACT NEGOTIATIONS City Administrator Ericson and Council discussed continued contract negotiations with AFSCME and Public Works Collective Bargaining Unit. MEETING ADJOURNED AT 9:52pm Respectfully Submitted, Desaree Crane Assistant City Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 October 11, 2010 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:01 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, October 11, 2010, City Council Agenda. 21 22 Council Member Mueller requested Consent Agenda Item B be moved between Items 7D/E. 23 24 MOTION/SECOND: Mueller/Gunn. To Approve the Monday, October 11, 2010, agenda as 25 amended. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 5. PUBLIC INPUT 30 31 None. 32 33 6. SPECIAL ORDER OF BUSINESS 34 A. Proclaim October 25-29, 2010 as Minnesota Manufacturers Week in Mounds 35 View. 36 37 Mayor Flaherty reviewed a proclamation that declared October 25-29, 2010 as Minnesota 38 Manufacturers Week in the City of Mounds View. This week would focus on the importance of 39 manufacturing and the integral role this plays in the State’s economy. He explained the Council 40 would be touring Home Shield a manufacturing company located in Mounds View. 41 42 7. COUNCIL BUSINESS 43 A. Transfer of Business License Ownership – Speedway SuperAmerica. 44 1. 7:05 p.m. Public Hearing, Resolution 7682, a Resolution to Consider a 45 Mounds View City Council October 11, 2010 Regular Meeting Page 2 Transfer of Ownership Approval for an Off-Sale 3.2 Malt Liquor 1 License at Speedway SuperAmerica, located at 2640 County Road I. 2 3 Assistant City Administrator Crane stated that this item is regarding Speedway SuperAmerica, 4 LLC (Ronald Edmiston, Owner) and their request for a transfer of business ownership for their 5 Off-Sale 3.2 Malt Liquor License to Northern Tier Retail, LLC (Rex Butcher, President) at 6 Speedway SuperAmerica located at 2640 County Road I. Northern Tier Retail, LLC will 7 continue to manage the business as Speedway SuperAmerica. The President of Northern Tier 8 Retail, LLC, Rex Butcher, has submitted all appropriate application materials and fees. Mr. 9 Butcher has not submitted a Certificate of Liquor Liability Insurance as required by the City 10 Code. This transfer of license is contingent on receiving this certificate. 11 12 Assistant City Administrator Crane indicated Staff has submitted background check applications 13 on the owner of Northern Tier Retail, LLC, to the Minnesota Bureau of Criminal Apprehension 14 (BCA) and to the Department of Public Safety, Investigation Division, in Connecticut. Staff 15 received a satisfactory background check with the Minnesota Bureau of Criminal Apprehension, 16 but has not received the background check report in Connecticut. This liquor license transfer 17 will be contingent on satisfactory background checks. The Finance Department has issued a 18 satisfactory report for SuperAmerica. The City’s Fire Marshal has issued a satisfactory report for 19 SuperAmerica. Staff recommends approval of this transfer of business license contingent on 20 satisfactory background checks and receipt of their Certificate of Liquor Liability Insurance. The 21 term of this license will be from November 1, 2010 to June 30, 2011. 22 23 Mayor Flaherty opened the public hearing at 7:10 p.m. 24 25 Hearing no public input, Mayor Flaherty closed the public hearing at 7:10 p.m. 26 27 Council Member Mueller questioned if the owner was acquiring additional SuperAmerica stores 28 in the area. City Administrator Gunn did not have any information on further purchases. 29 30 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7682, a 31 Resolution to Consider a Transfer of Ownership Approval for an Off-Sale 3.2 Malt Liquor 32 License at Speedway SuperAmerica, located at 2640 County Road I. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 2. Resolution 7683, Approving a Transfer of Ownership for a Gasoline 37 and Cigarette License at Speedway SuperAmerica located at 2640 38 County Road I. 39 40 Assistant City Administrator Crane stated that this item is regarding Speedway SuperAmerica, 41 LLC (Ronald Edmiston, Owner) is requesting a transfer of business ownership for their Gasoline 42 and Tobacco License to Northern Tier Retail, LLC (Rex Butcher, President) at Speedway 43 SuperAmerica located at 2640 County Road I. Mr. Rex Butcher of Northern Tier Retail, LLC 44 has submitted all appropriate application materials and fees. In addition, on October 7, 2010, the 45 Mounds View City Council October 11, 2010 Regular Meeting Page 3 Fire Marshal issued a satisfactory fire inspection for this business. Staff recommends approval of 1 this transfer of business license. The term of this license will be from November 1, 2010 to June 2 30, 2011. 3 4 Mayor Flaherty opened the public hearing at 7:13 p.m. 5 6 Hearing no public input, Mayor Flaherty closed the public hearing at 7:13 p.m. 7 8 Mayor Flaherty questioned if this license was contingent on the background check. Assistant 9 City Administrator explained it was not, but the City was completing one for the 3.2 permit. 10 11 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7683, 12 Approving a Transfer of Business License Ownership for a Gasoline and Cigarette License at 13 Speedway SuperAmerica located at 2640 County Road I. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 B. 7:10 p.m. Public Hearing, Resolution 7679, To Consider Special Assessments 18 for Delinquent Utility Payments. 19 20 Finance Director Beer stated this item is regarding the proposed assessment of delinquent public 21 utility accounts. Individual notices of the meeting were sent by first class mail to the affected 22 property owners on September 24, 2010. Some of the property owners already have paid, or will 23 pay, the amount due by 4:30 P.M. on Monday, October 11, 2010 in order to avoid the $35.00 24 administrative fee. Owners may prepay the assessment between October 12, 2010 and November 25 11, 2010 without paying additional interest. After that, interest at the rate of 5.5% will accrue 26 from October 11, 2010 through the payment date. On or about November 26, 2010, we will 27 forward the assessment roll, minus any prepayments, to Ramsey County for collection with the 28 2011 property taxes. Staff recommends Council approve the Resolution allowing the Special 29 Assessments for Delinquent Utility Payments to be certified. 30 31 Mayor Flaherty opened the public hearing at 7:17 p.m. 32 33 Hearing no public input, Mayor Flaherty closed the public hearing at 7:17 p.m. 34 35 Mayor Flaherty questioned why the list was increasing in size. Finance Director Beer stated with 36 the level of foreclosures it was prudent for the City to certify the list of special assessments each 37 quarter to assure these payments are being collected. 38 39 MOTION/SECOND: Stigney/Hull. To Waive the Reading and Adopt Resolution 7679, To 40 Consider Special Assessments for Delinquent Utility Payments. 41 42 Ayes – 5 Nays – 0 Motion carried. 43 44 C. 7:15 p.m. Public Hearing, Resolution 7680, To Consider Special Assessments 45 Mounds View City Council October 11, 2010 Regular Meeting Page 4 for Unpaid Administrative Offense Fines, Diseased Tree Charges, and 1 Unpaid Property Abatement Charges. 2 3 Finance Director Beer stated this item is regarding the proposed assessment of unpaid 4 administrative offense fines, diseased tree charges, and unpaid property abatement charges. 5 Individual notices of the meeting were sent by first class mail to the affected property owners on 6 September 24. The property owner may pay the amount due by 4:30 P.M. on Monday, October 7 11, 2010 in order to avoid the $35.00 administrative fee. The owner may prepay the assessment 8 between October 12, 2010 and November 11, 2010 without paying additional interest. After that, 9 interest at the rate of 5.50% will accrue from October 11, 2010 through the payment date. On or 10 after November 26, 2010, we will forward the assessment roll to Ramsey County for collection 11 with the 2011 property taxes. Staff recommends approval of the Resolution certifying the special 12 assessments for unpaid administrative offense fines, diseased tree charges, and unpaid property 13 abatement charges. 14 15 Mayor Flaherty opened the public hearing at 7:20 p.m. 16 17 Chris Jarvis, 7981 Sunnyside Road, expressed concern about the charges against his property as 18 he purchased the property at the end of February. He explained the trees were tagged in the 19 summer of 2009 and were to be removed in November of 2009. The tree removal fees were not 20 mentioned to him prior to closing on this property. Mr. Jarvis stated the previous owner 21 indicated he would remove the tree and use it for lumber. This did not take place and he has 22 since received correspondence from the City indicating the tree would be removed. He requested 23 the City pass along this fine to the previous owner as this was a lien on the property prior to his 24 occupancy of the home. Mr. Jarvis added that he was also responsible for paying past 25 assessments to the property at closing. 26 27 Mayor Flaherty stated these were extenuating circumstances. He explained his real estate agent 28 should have made him aware of the special assessment prior to closing. 29 30 Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:27 p.m. 31 32 Council Member Mueller questioned how the title company could have closed on this property 33 without making the new owner aware of these assessments. Finance Director Beer indicated the 34 title company was a friend of the previous owner and did not complete the proper lien search. 35 36 Council Member Hull asked if Mr. Jarvis could approach the title company and request they pay 37 the $500 expense. Finance Director Beer stated this would be an option and the City could send 38 proper documentation to the title company. 39 40 Council Member Gunn stated this could be delayed for two weeks, but Mr. Jarvis would still 41 have to handle this issue with the title company or the previous owner. 42 43 Council Member Mueller questioned if Mr. Jarvis could take action to clear his good standing in 44 the community. City Attorney Riggs recommended Mr. Jarvis pursue this further with the title 45 Mounds View City Council October 11, 2010 Regular Meeting Page 5 company. 1 2 Mayor Flaherty recommended the Council not take action on Mr. Jarvis’ assessment this evening 3 and that action be taken in two weeks. This would allow Mr. Jarvis to pursue the title company 4 or the previous owner. 5 6 MOTION/SECOND: Stigney/Gunn. To Waive the Reading and Adopt Resolution 7680, To 7 Consider Special Assessments for Unpaid Administrative Offense Fines, Diseased Tree Charges, 8 and Unpaid Property Abatement Charges removing Chris Jarvis’ three-year assessment at 7981 9 Sunnyside Road for 15 days. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 D. 7:20 p.m. Public Hearing, Resolution 7681, To Consider Special Assessments 14 for Unpaid Service Availability Charges (SAC). 15 16 Finance Director Beer stated this item is regarding the proposed assessment of SAC, which is a 17 pass thru charge from Metropolitan Environmental Services. Individual notices of the meeting 18 were sent by first class mail to the affected property owners on September 27, 2010. The 19 property owner may pay the amount due by 4:30 P.M. on Monday, October 11, 2010 in order to 20 avoid the $35.00 administrative fee. The owner may prepay the assessment between October 12, 21 2010 and November 11, 2010 without paying additional interest. After that, interest at the rate of 22 5.5% will accrue from October 11, 2010 through the payment date and on subsequent 23 installments. On or about November 26, 2010, we will forward the assessment roll to Ramsey 24 County for collection with the 2011 property taxes. Staff recommends approval of the 25 Resolution to certify the special assessments for unpaid service availability charges (SAC). 26 27 Mayor Flaherty opened the public hearing at 7:37 p.m. 28 29 Hearing no public input, Mayor Flaherty closed the public hearing at 7:37 p.m. 30 31 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7681, To 32 Consider Special Assessments for Unpaid Service Availability Charges (SAC). 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 8B. Resolution 7678, Accepting a Donation from Bethlehem Baptist Church in 37 the amount of $16,892. 38 39 City Administrator Ericson noted Bethlehem Baptist Church purchased the building located at 40 5151 Program Avenue in 2004 and received City zoning approval to renovate the former 41 office/warehouse space for church usage. At the same time, the Church expressed its desire to 42 sponsor and support worthy community endeavors and created the Mounds View Service Project 43 Fund pledging annual donations totaling $25,000. They envisioned the fund to be used to help 44 Mounds View City Council October 11, 2010 Regular Meeting Page 6 meet certain community needs jointly identified by the city and the Church that would be “in 1 harmony” with their mission and values. 2 3 City Administrator Ericson stated representatives from the City, the Community Center and the 4 Park & Rec Commission met with representatives from Bethlehem Baptist Church on September 5 15, 2010 to discuss potential funding opportunities for the second half 2010 service project fund 6 donation which totaled $16,892. A number of programs and improvements which had been 7 reviewed by the Park and Recreation Commission and City Council were highlighted for 8 Bethlehem’s consideration. Subsequent to the meeting, the Church responded with a letter dated 9 September 30, 2010, recommending the following disbursement schedule: 10 11 1. New Picnic Tables and concrete slabs at City Parks $2,077 12 2. Support for Teen Center at the MV Community Center $8,000 13 3. Sidewalk and ADA Improvements at the Community Center $4,000 14 4. Activities supporting the economic climate of the City $2,815 15 16 City Administrator Ericson recommended approval of the resolution which accepts the donation 17 from Bethlehem Baptist Church in the amount of $16,892 and authorizes the distribution of the 18 donations according to the Church’s recommendations. He thanked Bethlehem Baptist for 19 working with the City and giving so generously to the community’s needs. 20 21 Marshall Seagal, Bethlehem Baptist, thanked the Council for their time this evening and stated 22 the church has been greatly blessed by the partnership with the City. 23 24 Vince Johnson, Bethlehem Baptist, introduced himself and thanked the Council for their 25 commitment to the community. 26 27 Council Member Gunn thanked them both for their commitment to bettering the community. 28 29 Council Member Mueller indicated the funds from Bethlehem Baptist greatly benefit the City 30 and the funds allocated for the sidewalk at the community center were a true blessing. 31 32 Mayor Flaherty thanked both gentlemen for attending the meeting this evening. He thanked 33 Bethlehem Baptist for the generous donation to the City. 34 35 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7678, 36 accepting the donation from Bethlehem Baptist Church in the amount of $16,892 and authorizing 37 the distribution of the donations according to the Church’s recommendations. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 E. Second Reading and Adoption of Ordinance 847, Amending Chapter 1008 of 42 the Mounds View City Code about Signage. 43 44 Community Development Director Roberts stated this item is regarding possible amendments to 45 Mounds View City Council October 11, 2010 Regular Meeting Page 7 the sign code. Council was supportive of all the suggestions proposed by City Staff, and directed 1 staff to draft an ordinance making the changes. There also are changes for campaign signs in this 2 ordinance due to the date change of the state primary. On Monday, September 27, 2010, the City 3 Council approved the introduction and first reading of Ordinance 847 that makes several changes 4 to Chapter 1008 about signs, including campaign signs in order to ensure the City Code is 5 consistent with State law. The Council preferred that the non-commercial opinion sign size be 6 limited to six square feet in R-1, R-2 and R-3 zoning districts, and staff has made that change to 7 the ordinance. Staff recommends approval of the second reading and adoption of Ordinance 847. 8 9 MOTION/SECOND: Gunn/Mueller. To Waive the Second Reading and Adopt Ordinance 847, 10 Amending Chapter 1008 of the Mounds View City Code about Signage with the revised 11 language and publish a summary of the Ordinance as authorized by City Charter. 12 13 ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 F. Resolution 7677, Reapproving the Select Senior Living Final Plat, 18 Development Agreement, Conditional Use Permit and Development Review. 19 20 Community Development Director Roberts stated on October 27, 2008, the City Council passed 21 Resolution 7347, which approved the final plat and development agreement for the Select Senior 22 Living development. This was the last of the Council actions required in order for the project to 23 move forward. Per City Code, an applicant has 120 days to record the plat with Ramsey County, 24 and if the recording does not happen within this timeframe, the plat approval is void. The code 25 also states that the plat can be reapproved and the applicant given up to another 120 days. Due to 26 the shakeup within the banking industry, Select Senior Living was not able to start the project 27 within 120 days of City approval and their final plat and development agreement approval 28 became void. 29 30 Community Development Director Roberts indicated Select Senior Living, represented by Joel 31 Larson, has submitted a letter requesting that the City re-approve their planning requests once 32 again. Mr. Larson is asking for a 120-day re-approval of the final plat and development 33 agreement. These would then expire on February 9, 2011. Also approved by the City Council in 34 October 2008 for this project was a conditional use permit and the development review. The 35 conditional use permit approval also expired due to non-use within one year. Select Senior 36 Living also is asking for re-approval of their conditional use permit to allow senior housing in a 37 R-4, high density residential district. Staff suggests that the Council also re-approve the 38 development review to help ensure there is a clear and consistent record of City approvals for this 39 project. The Planning Commission re-approved the variances for this project on Wednesday, 40 October 6, 2010. Staff recommends that the City Council pass the Resolution. 41 42 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7677, 43 Reapproving the Select Senior Living Final Plat, Development Agreement, Conditional Use 44 Permit and Development Review. 45 Mounds View City Council October 11, 2010 Regular Meeting Page 8 1 Ayes – 5 Nays – 0 Motion carried. 2 3 G. Second Reading and Adoption of Ordinance 852, an Ordinance Amending 4 Chapter 1002 of the Mounds View City Code about Recreational Fire 5 Regulations. 6 7 City Administrator Ericson stated that at the August 2, 2010 and September 7, 2010 work 8 sessions, the City Council discussed issues regarding recreational fires and the impacts of such 9 fires on neighboring property owners. The Spring Lake Park – Blaine – Mounds View Fire 10 Department regulations were reviewed as were policies and regulations from many other cities. 11 One of the primary concerns expressed by residents relates to enforcement. The secondary issue 12 is the impact of one neighbor’s recreational fire upon another neighbor. City Administrator 13 Ericson reviewed the changes from the present Fire Department regulations contemplated by 14 Ordinance 852 as the following: 15 16 • Wind speed restrictions (no rec fires when winds exceed 10 mph) 17 • No recreational fire within 15 feet of a property line 18 • Manufactured fire pits shall be set back a minimum 15 feet from combustible 19 materials or structures 20 • Recreational fires prohibited when burning ban or air advisory in effect 21 22 City Administrator Ericson explained in response to concerns raised by both Mounds View and 23 the City of Blaine, the Fire Department has updated its regulations pertaining to recreational 24 fires. There are two differences, the first being the height of the fire. Ordinance 852 limits the 25 height of a fire to no more than two feet while the Fire Department regulation allows for fires up 26 to three feet. The other difference is with the setback of freestanding manufactured fire pits. 27 Ordinance 852 requires a minimum fifteen foot setback while the Fire Department regulations 28 allow for a ten foot setback; however the Fire Department regulation requires that such devices 29 be equipped with side screens and a cover. Fire Chief Zikmund is aware of the differences. Staff 30 recommends approval of the Ordinance. 31 32 MOTION/SECOND: Mueller/Hull. To Waive the Second Reading and Adopt Ordinance 852, 33 an Ordinance Amending Chapter 1002 of the Mounds View City Code about Recreational Fire 34 Regulations and to publish a summary of the Ordinance as authorized by City Charter. 35 36 Council Member Mueller thanked the residents that brought forward their concerns and for 37 working with the Council regarding recreational fires. 38 39 Mayor Flaherty agreed. 40 41 ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 Mounds View City Council October 11, 2010 Regular Meeting Page 9 1 H. Second Reading and Adoption of Ordinance 854, an Ordinance Amending 2 Chapter 515 of the Mounds View City Code about the Licensing of Tattoo 3 and Body Art Establishments. 4 5 City Administrator Ericson stated that during the last legislative session, a new law was adopted 6 to regulate body piercing and other body modification services (comprehensively referred to as 7 “body art” establishments) in Minnesota. Mounds View has had provisions regulating these 8 businesses since 2000, when the City Council adopted Ordinance 663. No such business ever 9 located in the community, although there have been a few inquiries over the years. 10 11 City Administrator Ericson noted the Council reviewed the proposed revisions at their work 12 session meeting on September 7, 2010 and was generally supportive of the changes. On 13 September 27, 2010, the Council approved the first reading and introduction of the ordinance. 14 No changes or revisions have been made from the version presented September 27th. Staff 15 recommends approval of the second reading and adoption of Ordinance 854. 16 17 MOTION/SECOND: Mueller/Hull. To Waive the Second Reading and Adopt Ordinance 854, 18 an Ordinance Amending Chapter 515 of the Mounds View City Code about the Licensing of 19 Tattoo and Body Art Establishments and to publish a summary of the Ordinance as authorized by 20 City Charter. 21 22 ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 I. Resolution 7684, Authorizing INSPEC, Inc. to Prepare a Roof Management 27 Program and Perform Roof Repair Administration Services. 28 29 Public Works Director DeBar stated that this item is regarding a roof management plan for the 30 City’s 16 separate buildings. He indicated a comprehensive approach was being taken to manage 31 the roofs as there was over 100,000 square feet of roofing area and many of these roofs are 32 original and will need to be repaired or replaced in the near future. The City contacted several 33 companies and received two proposals from qualified consultants for the Roof Management 34 Program for fee amounts of $8,900 and $13,400. He recommended this plan proceed and be 35 completed before winter to assess the roofs and complete the necessary repairs. These expenses 36 were not included in the 2010 budget, but roof improvements could be completed under the 37 Special Projects account for the intermediate rehabilitation work to the Public Works facility. 38 Staff recommends authorizing INSPEC to prepare a Roof Management Program and perform 39 necessary roof repair for the higher priority repairs stemming from the Program evaluation. 40 41 Council Member Stigney questioned if INSPEC would be working as an independent contractor. 42 City Attorney Riggs stated this would be the best arrangement as INSPEC would be working on 43 behalf of the City. 44 45 Mounds View City Council October 11, 2010 Regular Meeting Page 10 Public Works Director DeBar stated he would prepare the proper agreement and paperwork for 1 INSPEC. He noted he would be coming back to the Council with a Resolution for additional 2 repair recommendations. 3 4 City Administrator Ericson stated he would forward the each Council Member a copy of the 5 changes to the INSPEC agreement. Mayor Flaherty agreed with this recommendation. 6 7 Council Member Mueller requested the roof repairs be pursued in a green manner as this may 8 allow for several grant opportunities. 9 10 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7684, 11 Authorizing INSPEC, Inc. to Prepare a Roof Management Program and Perform Necessary Roof 12 Repair in an amount not to exceed $12,500, and that the Contractor execute and enter into the 13 City’s Independent Contractor Agreement, drafted as applicable to this matter. 14 15 Council Member Stigney wanted to be assured that the Council would review the independent 16 contract agreement prior to work commencing and asked for an amendment to the motion. City 17 Attorney Riggs recommended that the item be tabled to the next meeting to allow the Council to 18 review the agreement. 19 20 MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Postpone Resolution 7684, 21 Authorizing INSPEC, Inc. to Prepare a Roof Management Program and Perform Necessary Roof 22 Repair until Council can review the Independent Contractor’s Agreement at the October 25th 23 Council Meeting. 24 25 Council Member Mueller expressed concern about postponing the Roofing Program further as 26 several roofs were in need of repair. Public Works Director DeBar stated this was the case as 27 winter weather was drawing closer and the report needed to be completed prior to receiving bids. 28 29 Mayor Flaherty stated he did not see the urgency as the management program as it would provide 30 a plan for the future. 31 32 Council Member Stigney stated he was aware the roofs were in poor condition and in need of 33 repair. This was not new information to the Council. He questioned when the roof management 34 plan would be brought back to the Council. City Attorney Riggs stated this report would be back 35 to the City 30 days after signing the agreement. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 8. CONSENT AGENDA 40 41 A. Licenses for Approval. 42 B. Resolution 7678, Accepting a Donation from Bethlehem Baptist Church in 43 the amount of $16,892. 44 Mounds View City Council October 11, 2010 Regular Meeting Page 11 C. Resolution 7685, Approving Change Order No. 2 for the 2010 Municipal 1 Well No. 1 & 2 Rehabilitation Project. 2 3 MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda Items A and C as presented. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 9. JUST AND CORRECT CLAIMS 8 9 Finance Director Beer answered the Council's questions related to claims. 10 11 MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as presented. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 10. APPROVAL OF MINUTES 16 A. September 13, 2010, City Council Meeting Minutes. 17 18 MOTION/SECOND: Mueller/Gunn. To Approve the September 13, 2010, City Council 19 meeting minutes as revised. 20 21 Ayes – 5 Nays – 0 Motion carried. 22 23 B. October 4, 2010, Executive Session Meeting Minutes. 24 25 MOTION/SECOND: Gunn/Hull. To Approve the October 4, 2010, Executive Session meeting 26 minutes as presented. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 11. REPORTS 31 A. Reports of Mayor and Council. 32 33 None. 34 35 B. Reports of Staff. 36 37 City Administrator Ericson noted the Candidate’s Forum was held last Tuesday, October 5th and 38 will be replayed on the cable channel. The Charter Commission is meeting on October 13th in 39 the Council Chambers and will be having an Open House after the meeting. All are welcome to 40 attend. He stated the Fall Cleanup was very well attended and well organized this year. 41 42 C. Reports of City Attorney. 43 44 City Attorney Riggs had no report. 45 Mounds View City Council October 11, 2010 Regular Meeting Page 12 1 12. Next Council Work Session: Monday, November 1, 2010, at 7:00 p.m. 2 Next Special Council Meeting: Monday, October 18, 2010, at 6:30 p.m. 3 (Conference Room) 4 Next Regular Council Meeting: Monday, October 25, 2010, at 7:00 p.m. 5 6 13. ADJOURNMENT 7 8 The meeting was adjourned at 8:38 p.m. 9 10 Transcribed by: 11 12 Carla Wirth 13 TimeSaver Off Site Secretarial, Inc. 14 www.ci.mounds-view.mn.us 1 MOUNDS VIEW POLICE QUARTERLY REPORT July- September 2010 During the September 27th city council meeting, Mayor Flaherty administers the oath of office to Chief Kinney. Police Department 2401 County Road 10· Mounds View, MN 55112-1499 Phone 763-717-4070· FAX: 763-717-4069 www.ci.mounds-view.mn.us 2 Statistical Report: Activity July – Sept 2010 TOTAL July – Sept 2009 TOTAL Year to Date TOTAL Adult Arrests 92 128 289 Juvenile Arrests 12 7 35 Calls For Service 1728 1665 4669 Court Citations 136 214 696 Administrative Offenses 57 90 245 July thru Sept Investigative Reports Cases assigned for investigation TOTAL 2010 2009 TOTAL YEAR TO DATE 2010 2009 109 118 327 283 2010 2009 2010 2009 Assault 20 32 Misc-Other Offenses 8 20 Burglary 4 10 Disturbing Peace 7 2 Forgery 0 0 Obscenity 0 0 Narcotics 2 1 Property Damage/Trespass 6 6 Arson 0 0 Robbery 0 1 Crimes Against Family 6 1 Theft/Fraud 27 21 Traffic (DUI, Accidents, Other) 14 9 Vehicle Theft/Tampering 1 2 Criminal Sexual Conduct 8 6 Weapons 3 3 Misc. Liquor Offenses 0 1 Crimes Against Admin of Justice 0 1 Juvenile-Runaway 3 2 www.ci.mounds-view.mn.us 3 Jul thru Sep 2010 Crime Reports TOTAL 2010 2009 TOTAL YEAR TO DATE 2010 2009 411 408 1138 1085 2010 2009 2010 2009 Assault 44 59 Misc-Other Offenses 5 10 Burglary 8 20 Disturbing Peace 68 47 Forgery 6 3 Obscenity 3 2 Narcotics 11 6 Property Damage/Trespass 59 58 Arson 0 1 Robbery 0 1 Crimes Against Family 2 2 Theft/Fraud 123 100 Traffic (DUI, Accidents, other) 57 47 Vehicle Theft/Tampering 22 9 Criminal Sexual Conduct 6 6 Weapons 3 8 Misc. Liquor Offenses 9 14 Crimes Against Admin of Justice 4 10 Juvenile- Runaway/Curfew 11 5 www.ci.mounds-view.mn.us 4 Jul thru Sep Misc. Incidents, Calls & Complaints TOTAL 2010 2009 TOTAL YEAR TO DATE 2010 2009 1266 1296 3574 3529 2010 2009 2010 2009 Lost & Found (persons/property) 35 28 Suspicion Narcotics 8 10 Vehicles (towed, recovered, abandoned) 31 26 Public Disturbance/Loud Party 77 73 Accidents 43 40 Disorderly Juvenile 41 50 Animal Complaints/Impounds 68 111 MV/Traffic Complaints 62 65 Fires 17 18 MV/Noise Complaints 0 1 Medical/Suicide/Mental/D OA 185 147 City Ordinance Complaints 29 19 Domestic-Verbal 58 73 Warrants 11 12 Alarms 86 69 Assist other Agencies 72 75 Lockouts 50 41 Misc. Public Calls 343 348 Suspicious Misc 118 131 News from the Department Personnel changes occurred within the police department during the 3 month period. Sgt Mike Kampa retired on July 30, 2010 after a 31 year career in law enforcement. The past 23 years have been as a Mounds View Police Officer. The department will miss his dedication and cheerful demeanor. The department also saw the departure of the latest Public Service Officer. Therefore, the process is underway to find the next Public Service Officer (PSO) replacement. On September 13, 2010, the city council approved the appointment of Tom Kinney as the Chief of Police. Chief Kinney is a 25 year veteran of the department, with the last 6 years serving as Deputy Chief. An oath of office ceremony was held during the council meeting on September 27, 2010. The police chief position had not been filled since the retirement of Chief Mike Sommer on October 30, 2009. www.ci.mounds-view.mn.us 5 Dept News, Cont’d Members of the department conducted a DNR gun safety hunter education course for young adults. Students must be a minimum of 11 years to attend. The class consists of 17 hours of classroom in safe firearm handling, first aid and hunter responsibility. The course concludes with live fire on the gun range and all successful students receive a certificate of completion. 10 students completed the course this fall. This class is always well attended and appreciation is extended to Officers Berling, Hellpap, Zender and Wolf for their dedicated efforts. Officer Zender and Investigator Hellpap provide instruction on the range to students. The police department hosted a Community Notification meeting on September 29, 2010 due to the release of a level 3 predatory offender. This meeting included information presented from the Department of Corrections, the Jacob Wetterling Resource Center, school officials and law enforcement. The meeting was well attended by residents and was also recorded for later broadcast on local cable TV. www.ci.mounds-view.mn.us 6 Crime Prevention Report Summer was another busy quarter for the Crime Prevention Unit. Festival in the park celebration and parade were successful. The City of Mounds View held a record number of National Night Out parties. Officer Keckeisen continued to monitor monthly alarms reports to determine crime patterns and to assign fines for repeating false alarms. Quarterly Predatory Offender checks continued this quarter. Officers visited 2 offenders to confirm that their registration information is current and correct, and to provide recent photos to the B.C.A. All predatory offenders in Mounds View are currently in compliance with their registration. A community notification meeting was held to inform the public that a level 3 predatory offender moved into the 5600 Block of Quincy St. Officer Keckeisen attended the property manager’s coalition meeting this quarter to discuss reports of crimes that happened on their property and to develop proactive strategies to deter future criminal activity. To provide added safety for school aged children Officer Keckeisen, along with the Patrol Division provided extra police presence at the cross walks of Edgewood, Sunnyside, and Pinewood schools before and after school. Officer Keckeisen met with the 5th grade teachers from Pinewood Elementary School to set the DARE curriculum for the 2010-11 school year. To help reduce criminal activity, and address specific concerns of citizens, extra patrol and visual police presence was focused on several specific areas. Finally, Officer Keckeisen continues to publish and distribute the weekly crime summary and crime prevention tips, and assist with the Police Department webpage. www.ci.mounds-view.mn.us 7 Training Report Members of the Police Department attended the following courses during this past quarter: • First Aid Essentials • Legal Update • Essentials of Crime Scene Investigation • CSI Effect and Prosecution • Exercise Design • Fundamentals of Emergency Management • Emergency Planning • Leadership & Influence • Exercise Evaluation & Improvement Planning • Decision Making & Problem Solving • Effective Communication • Developing & Managing Volunteers • Association of MN Emergency Managers Conference • Crisis Intervention Training • Introduction to Incident Command • Incident Command System (ICS) for Single Resources • National Incident Management System (NIMS)- An Introduction • FBI National Instant Criminal Background Check • Criminal Justice Information Users Conference School Resource Officer Report During the month of September 2010, the following incidents were reported: 1 assist to other agency, 2 disorderly conducts, 1 assault, 1 follow-up investigation, and 1 hit and run car accident. From those cases, referrals were made for 2 juveniles to the Northwest Youth and Family Services Diversion Program. In the first month of the school year, The SRO performed various functions and duties including but not limited to: transporting students home or to out of school suspension programs, assisting parents with civil issues, attending Building Operations Committee meetings, counseling students about domestic violence issues, assisting other police agencies with investigations involving Edgewood students, counseling students about harassment, recovering lost property, assisting the school with the maintenance and use of their security camera system, investigating possible crimes involving students outside of school, investigating incidents of theft in the school, attending the school dance, citing a driver for a traffic violation in front of the school, counseling a student about hate crimes, investigating damage to school property crimes, deescalating students who were in crisis, and assisting an outside agency with locating a missing child. www.ci.mounds-view.mn.us 8 School Resource Officer Report, Cont’d In August, the SRO attended a 32 hour Crisis Intervention Team Training course. At that training, discussions were presented of various mental health disorders that affect adults and children. Training occurred in methods to deescalate students in crisis situations and how to refer them for further assistance from other appropriate agencies. The course used live actors in practical scenario exercises to allow officers to practice the skills they learned. Safe & Sober/Ramsey County Traffic Safety Initiative This is the final quarter for our 2009-10 grant period. The new 2010- 11 grant starts on Oct 1st. It coincides with the fiscal year for the Federal Government. During this quarter our department participated in a July speed wave called the 7 Days of Speed. During these hours our officers issued 34 traffic citations-18 of which were for speed. 1 person was arrested for driving after suspension. During our September Move over Law and DWI events, Mounds View Officers stopped 67 vehicles and issued 61 citations. 10 of these drivers were cited for violations of the new Move over Law. 3 were arrested for DWI. Ramsey County Wide Totals RCTSI- DWI Saturations (7 Events) Vehicles Stopped: 2,275 DWI’s: 132 Citations Issued: 1,000 Safe & Sober Events Vehicles Stopped: 396 DWI’s: 16 Citations Issued: 193 Financial Report (See attached document) www.ci.mounds-view.mn.us 9 2010 Q2/Q3 REPORT PUBLIC WORKS DEPARTMENT To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Date: November 8, 2010 2010 Q2 ACTIVITIES (APRIL-MAY-JUNE) Administration/Engineering: PW Administration – overall administrative activities for department Hired Engineering/GIS Intern (34 applications/6 interviews) Hired 8 seasonal maintenance workers (4-PW/4-parks) Finalized Agreement with Rick Wriskey for City Forester Consulting 2 Street and Utility Committee meetings 3 Parks and Recreation and Forestry Commission meetings Numerous general department and project-related phone calls National Public Works Week (May 17-22) Stormwater Annual Meeting Engineering/Information Systems – land/asset management, projects, inspections, IS activities Project coordination and management Record drawing management Developed standard handouts for SUIP projects Reviewed 9 ROW permits Began development of GIS base mapping Coordinated with Roseville i-net CIP Updates SWPPP Updates and Reporting Projects 2009 Street & Utility Improvement Project – Area A (substantially complete) 2010 Street & Utility Improvement Project – Area B/C (construction) Neighborhood Preconstruction Meeting (April 14) Preconstruction Conference (City, Engineer, Contractor, utilities) 8 Weekly Progress Meetings Private Improvement Program Costs Schedule Coordinate with Xcel Energy improvements Street & Utility Improvement Project – Area D (design) County Road 10 Trail Segments 1-5 (substantially complete) Municipal Well No. 1 & 2 Rehabilitation* (construction) Silver View Park parking lot lighting installation* 2009 City Hall Electrical Service Entrance Modifications (construction) Building Facilities Energy Efficiency Analysis (Trane, complete) 2010 Miscellaneous Concrete Repairs* (quote, award) Greenfield Park Improvements/Mark Wisser Memorial Field (planning, design, quotes) Wellhead Protection Program (planning) Kick-off meeting with Dept. of Health *engineering performed in-house Operation & Maintenance: General O&M 27 call-back events Right-to-know meeting Hearing testing First aid training Safety Committee activities Budget considerations 2010 Q2/Q3 Report | Public Works Department Page 2 Drinking Water - supply, treat, store, and distribute drinking water 132 million gallons pumped 1 watermain break / 2 water service breaks 24 water samples taken 310 Gopher State One Call locates Recharged reaction vessels and reclaim tank State samples (fluoride, lead and copper, ccr, bacteria) Countless hours locating for gas installation and street project Flushed water mains De-Humidifier repair at Well 6 Replaced sand separator at Well #6 with sand separator from Well #4 Fixed two broken hydrants found during flushing Raised approximately 8 hydrants and greased all park hydrants and others that were tough during flushing Fabricated hydrant parts for raising hydrants Wastewater Collection - collect and transport wastewater Cleaned approx. 22 miles sanitary sewer Mailed root blockage notices to property owners 2 lift stations operated/maintained Televised sanitary and storm sewer in Area D Stormwater - collect and treat stormwater runoff, flood protection Cleared various storm drain inlet blocks from ice/snow Swept 43+ miles of streets Inspect catch basins and storm sewer in Area A for warrantee issues Inspect/evaluate stormwater infiltration basin performance Cleaned all City-owned stormwater pond outfalls and control structures Streets & Trails - manage pavements, snow/ice control, traffic control, street lights 288+ tons asphalt used for street repair/patching Picked up mailboxes & lumber for Area B/C project Constructed paved entrance at Groveland Park building Mailbox post construction for Area B/C Repair and replace street signs Assist with street sweeping Organized cold storage building Clean/maintain trucks and equipment Tree trimming and removals for traffic obstructions Landscape maintenance along County Road 10 Shoulder maintenance Parks & Park Facilities - maintain park land, shelters, amenities, athletic/recreation facilities 5 park buildings/shelters operated/maintained Irrigation operations for 9 systems Drag and level all baseball fields Lay out and paint foul ball lines on eight ball fields Lay out and paint soccer lines at four fields Mowing all parks, blvds and city vacant lots Game prepping and chalking ball fields Trail maintenance (tree trimming, dead fall removal) Weed whipping at all parks City and Park sign planter box clean up and maintenance De-thatch various park areas Paint Pinewood and Sunnyside schools tracks Adjust all irrigation and park light timers 2010 Q2/Q3 Report | Public Works Department Page 3 Clean out Silver View parking lot corners and sweeping Pick up fertilizers, parts, etc. Mower maintenance (blades, filters, fluid changes and lubing) Get bids and meet contractors for summer time projects (fencing, concrete, etc.) Mowing 130 acres per week Mowing some weeks 160 acres due to ruff cutting Construct/assist with Mark Wisser Memorial Field improvements Buildings & Grounds – maintain and repair buildings and grounds maintained 100,000+ sq. ft. buildings installed parking lot lighting at Random Park (in-house) HVAC repairs Replaced fuel pump and monitor at PW Facility Vehicles & Equipment - maintain and repair vehicles and equipment 55+ City owned vehicles and heavy/highway equipment, including: 35+ cars/trucks maintained 3 plow trucks/1 water truck maintained 1 loader/1 backhoe/1 compactor maintained Numerous repairs to squads and mowers City Forestry – maintain and improve city forestry Oak Wilt, Dutch Elm, EAB detections Tree trimming and removals EAB planning 2010 Q3 ACTIVITIES (JULY-AUGUST-SEPTEMBER) Administration/Engineering: PW Administration – overall administrative activities for department 2 Street and Utility Committee meetings 3 Parks and Recreation and Forestry Commission meetings Numerous general department and project-related phone calls Budget updates Evaluated staffing levels Engineering/Information Systems – land/asset management, projects, inspections, IS activities Project coordination and management Record drawing management Reviewed 2 ROW permits Continue development of GIS base mapping Coordinated with Roseville i-net Projects 2009 Street & Utility Improvement Project – Area A (substantially complete) 2010 Street & Utility Improvement Project – Area B/C (construction) 14 Weekly Progress Meetings Private Improvement applications Assisted with inspections Street & Utility Improvement Project – Area D (design) Negotiated engineering services, Bonestroo authorized by Council Solicited geotechnical services (Braun Intertec) Non-standard street issues (Pinewood Court approved by Council) County Road 10 Trail Segments 1-5 (complete) Municipal Well No. 1 & 2 Rehabilitation* (construction) 2010 Q2/Q3 Report | Public Works Department Page 4 Added electric motor to project 2009 City Hall Electrical Service Entrance Modifications (complete) 2010 Miscellaneous Concrete Repairs* (construction, complete) Greenfield Park Improvements/Mark Wisser Memorial Field (construction, complete) Wellhead Protection Program (planning) *engineering performed in-house Operation & Maintenance: General O&M 18 call-back events Safety Committee activities Budget considerations Pole camera procurement Drinking Water - supply, treat, store, and distribute drinking water 156.5 million gallons pumped 0 watermain breaks / 6 water service breaks 24 water samples taken 279 Gopher State One Call locates (includes countless hours of locating for street project) State samples for Lead and Copper Replaced broken check valve at treatment plant #1 Quarterly Water Readings Worked with contractor to replace 3 main line valve in project area C Completed the remaining 20% of valves to be checked for operation Brought hydrant nozzle sections to Central Sandblasting for blasting, priming, and City staff painting Raised 15 hydrants to proper height and fabricated hydrant parts for raising hydrants 52 meter repair appointments (sent out 61 repair notice letters) Shut off 6 water services for internal repairs 2 residential water tests 1 hydrant flow test Replaced battery back up for Bronson Lift Station Cleared brush from around Treatment Plant #1 Pressure washed, prepped and painted Treatment Plant #1 Pressure washed Reservoir and Booster Station Repaired lights on pathway from Silver Lake to County Rd I Cleaned and sharpened all chain saws August 17th and 18th Replaced broken contactor for well #1 air compressor Verified operation of all valves in area D Cleaned bone yard area Fabricated and constructed heating system for back fill storage including storage bin Wastewater Collection - collect and transport wastewater Cleaned approx. 22 miles sanitary sewer (complete) Mailed root blockage notices to property owners 2 lift stations operated/maintained Televised all sanitary and storm sewer in Area E Stormwater - collect and treat stormwater runoff, flood protection Cleared various storm drain inlet blocks from ice/snow Swept 43+ miles of streets Inspect catch basins and storm sewer in Area B/C for warrantee issues Inspect/evaluate stormwater infiltration basin performance Cleaned all City-owned stormwater pond outfalls and control structures Streets & Trails - manage pavements, snow/ice control, traffic control, street lights 204+ tons asphalt used for street repair/patching 2010 Q2/Q3 Report | Public Works Department Page 5 Mailbox post construction for Area B/C Repair and replace street signs Parks & Park Facilities - maintain park land, shelters, amenities, athletic/recreation facilities 5 park buildings/shelters operated/maintained Buildings & Grounds – maintain and repair buildings and grounds maintained 100,000+ sq. ft. buildings HVAC repairs MVCC Fire Alarm Panel repair (quotes, construction) Roof leak repairs Vehicles & Equipment - maintain and repair vehicles and equipment 55+ City owned vehicles and heavy/highway equipment, including: 35+ cars/trucks maintained 3 plow trucks/1 water truck maintained 1 loader/1 backhoe/1 compactor maintained Major maintenance for 275-kW Onan Generator Evaluated departmental needs for vehicles, including replacement schedule City Forestry – maintain and improve city forestry Oak Wilt, Dutch Elm, EAB detections Tree trimming and removals Agreement with tree removal contractors EAB planning Department Expenditure Reports: Actual expenditures are tracking at or below budget amounts (see attached). Also, Area A and Area B/C are tracking below budgeted amounts. Notable Phone Call: The following voice mail message was left with PW on October 14, 2010 from a resident living in the 5300 block of Irondale Road: “I just had to stop and take a minute and call you and say thank you for everything - you and everybody that’s involved in the street project. I’m sure it has been a big headache for you, but let me tell you; I used to think for years that I lived in North Minneapolis, but now when I come home and drive down my street, I feel like I live in North Oaks. Thank you all so very, very much - I really appreciate it.” Respectfully submitted, ____________________________ Nick DeBar - Public Works Director Attachments: • 2010 Budget vs. Actual Expenditure Summary Report • Financial update for Area A and B/C of the SUIP 2010 BUDGET VS. ACTUAL EXPENDITURE SUMMARY REPORT PUBLIC WORKS DEPARTMENT CITY OF MOUNDS VIEW As of: Sept. 30, 2010 % of year completed:75.0% Budget % YTD Budget Department/Expenditure Amount Q1 Q2 Q3 Q4 YTD Budget Balance Parks (100-4360)306,586$ 55,662$ 56,800$ 106,370$ -$ 218,832$ 71.4%87,754$ Personnel Services (0000-0999) 206,253$ 41,987$ 43,571$ 64,921$ 150,479$ 73.0% 55,774$ Materials & Supplies (1000-2999) 41,700$ 4,109$ 8,058$ 16,741$ 28,909$ 69.3% 12,791$ Contractual Services (3000-5999) 58,633$ 9,566$ 5,171$ 24,707$ 39,445$ 67.3% 19,188$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ Forestry (100-4380)61,450$ 15$ 1,649$ 11,451$ -$ 13,115$ 21.3%48,335$ Personnel Services (0000-0999) -$ -$ -$ -$ -$ -$ Materials & Supplies (1000-2999) 4,250$ -$ -$ 104$ 104$ 2.5% 4,146$ Contractual Services (3000-5999) 57,200$ 15$ 1,649$ 11,347$ 13,011$ 22.7% 44,189$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ Public Works Administration (100-4410)120,436$ 20,790$ 26,412$ 30,555$ -$ 77,758$ 64.6%42,678$ Personnel Services (0000-0999) 116,333$ 20,603$ 26,092$ 30,366$ 77,061$ 66.2% 39,272$ Materials & Supplies (1000-2999) 600$ -$ 155$ 17$ 171$ 28.6% 429$ Contractual Services (3000-5999) 3,503$ 188$ 165$ 173$ 526$ 15.0% 2,978$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ Buildings & Grounds Maintenance (100-4460)136,185$ 26,362$ 30,809$ 24,202$ -$ 81,373$ 59.8%54,812$ Personnel Services (0000-0999) 17,106$ 4,221$ 4,101$ 4,433$ 12,756$ 74.6% 4,350$ Materials & Supplies (1000-2999) 8,310$ 1,236$ 1,548$ 1,427$ 4,210$ 50.7% 4,100$ Contractual Services (3000-5999) 110,769$ 20,905$ 25,160$ 18,342$ 64,407$ 58.1% 46,362$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ Vehicle & Equipment Maintenance (100-4465)84,738$ 17,769$ 22,384$ 20,988$ -$ 61,141$ 72.2%23,597$ Personnel Services (0000-0999) 41,523$ 9,349$ 9,444$ 10,770$ 29,564$ 71.2% 11,959$ Materials & Supplies (1000-2999) 25,835$ 7,166$ 8,667$ 3,660$ 19,494$ 75.5% 6,341$ Contractual Services (3000-5999) 17,380$ 1,254$ 4,272$ 6,558$ 12,084$ 69.5% 5,296$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ Street Pavement Management (100-4470)191,215$ 30,355$ 43,288$ 69,983$ -$ 143,626$ 75.1%47,589$ Personnel Services (0000-0999) 130,097$ 25,660$ 30,410$ 39,448$ 95,518$ 73.4% 34,579$ Materials & Supplies (1000-2999) 39,315$ 1,690$ 11,366$ 28,642$ 41,697$ 106.1% (2,382)$ Contractual Services (3000-5999) 21,803$ 3,005$ 1,512$ 1,893$ 6,410$ 29.4% 15,393$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ Street Snow & Ice Control (100-4472)128,811$ 45,718$ 22,018$ 22,536$ -$ 90,272$ 70.1%38,539$ Personnel Services (0000-0999) 82,428$ 19,890$ 18,742$ 21,626$ 60,259$ 73.1% 22,169$ Materials & Supplies (1000-2999) 44,230$ 25,763$ 2,933$ 209$ 28,906$ 65.4% 15,324$ Contractual Services (3000-5999) 2,153$ 64$ 343$ 700$ 1,107$ 51.4% 1,046$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ Street Sign Maintenance (100-4475)36,696$ 7,346$ 7,341$ 8,410$ -$ 23,097$ 62.9%13,599$ Personnel Services (0000-0999) 28,482$ 6,768$ 6,858$ 7,915$ 21,541$ 75.6% 6,941$ Materials & Supplies (1000-2999) 5,214$ 280$ 98$ 176$ 554$ 10.6% 4,660$ Contractual Services (3000-5999) 3,000$ 298$ 385$ 319$ 1,002$ 33.4% 1,998$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ Street Lighting - Operations (240-4416)75,419$ 14,123$ 17,478$ 17,656$ -$ 49,257$ 65.3%26,162$ Personnel Services (0000-0999) 3,633$ 781$ 823$ 939$ 2,543$ 70.0% 1,090$ Materials & Supplies (1000-2999) -$ -$ -$ -$ -$ -$ Contractual Services (3000-5999) 69,600$ 13,342$ 16,655$ 16,717$ 46,714$ 67.1% 22,886$ Capital Outlay (7000-7999) -$ -$ -$ -$ -$ -$ Debt Service (8000-8999) -$ -$ -$ -$ -$ -$ Other (9000-9999)2,186$ -$ -$ -$ -$ 0.0%2,186$ Stormwater - System Maintenance (245-4415)291,784$ 17,064$ 20,287$ 29,508$ -$ 66,859$ 22.9%224,925$ Personnel Services (0000-0999) 72,528$ 15,524$ 16,763$ 21,406$ 53,692$ 74.0% 18,836$ Materials & Supplies (1000-2999) 8,988$ 515$ 2,882$ 1,375$ 4,773$ 53.1% 4,215$ Contractual Services (3000-5999) 87,268$ 1,025$ 642$ 6,727$ 8,394$ 9.6% 78,874$ Capital Outlay (7000-7999) 83,000$ -$ -$ -$ -$ 0.0% 83,000$ Debt Service (8000-8999) -$ -$ -$ -$ -$ -$ Other (9000-9999)40,000$ -$ -$ -$ -$ 0.0%40,000$ Actual Amounts 2010 BUDGET VS. ACTUAL EXPENDITURE SUMMARY REPORT 1/3 Budget % YTD Budget Department/Expenditure Amount Q1 Q2 Q3 Q4 YTD Budget Balance Actual Amounts Stormwater - Street Cleaning (245-4417)77,560$ 3,015$ 3,716$ 12,749$ -$ 19,480$ 25.1%58,080$ Personnel Services (0000-0999) 11,947$ 2,640$ 2,607$ 2,940$ 8,187$ 68.5% 3,760$ Materials & Supplies (1000-2999) 3,888$ 375$ 1,108$ 1,635$ 3,118$ 80.2% 770$ Contractual Services (3000-5999) 5,725$ -$ -$ -$ -$ 0.0% 5,725$ Capital Outlay (7000-7999) 40,000$ -$ -$ 8,175$ 8,175$ 20.4% 31,825$ Debt Service (8000-8999) -$ -$ -$ -$ -$ -$ Other (9000-9999)16,000$ -$ -$ -$ -$ 0.0%16,000$ Drinking Water - Billing Services (700-4820)372,998$ 234,697$ 15,326$ 23,677$ -$ 273,700$ 73.4%99,298$ Personnel Services (0000-0999) 42,949$ 8,709$ 9,413$ 10,869$ 28,991$ 67.5% 13,958$ Materials & Supplies (1000-2999) 50$ -$ -$ -$ -$ 0.0% 50$ Contractual Services (3000-5999) 15,149$ 5,149$ 5,912$ 1,483$ 12,544$ 82.8% 2,605$ Capital Outlay (7000-7999) -$ -$ -$ -$ -$ -$ Debt Service (8000-8999) 233,195$ 220,839$ -$ 11,326$ 232,165$ 99.6% 1,030$ Other (9000-9999)81,655$ -$ -$ -$ -$ 0.0%81,655$ Drinking Water - Infra. & Equip. Maint. (700-4823)1,276,437$ 72,418$ 137,601$ 127,448$ -$ 337,467$ 26.4%938,970$ Personnel Services (0000-0999) 255,698$ 50,565$ 57,311$ 68,058$ 175,934$ 68.8% 79,764$ Materials & Supplies (1000-2999) 25,811$ 3,583$ 5,953$ 6,175$ 15,710$ 60.9% 10,101$ Contractual Services (3000-5999) 133,228$ 18,270$ 15,190$ 52,422$ 85,882$ 64.5% 47,346$ Capital Outlay (7000-7999) 746,700$ -$ 59,146$ 794$ 59,940$ 8.0% 686,760$ Debt Service (8000-8999) -$ -$ -$ -$ -$ -$ Other (9000-9999)115,000$ -$ -$ -$ -$ 0.0%115,000$ Drinking Water - Water Production (700-4825)143,090$ 22,581$ 29,290$ 28,571$ -$ 80,442$ 56.2%62,648$ Personnel Services (0000-0999) -$ -$ -$ -$ -$ -$ Materials & Supplies (1000-2999) 35,850$ 3,407$ 9,609$ 12,768$ 25,785$ 71.9% 10,066$ Contractual Services (3000-5999) 107,240$ 19,174$ 19,681$ 15,803$ 54,658$ 51.0% 52,582$ Capital Outlay (7000-7999) -$ -$ -$ -$ -$ -$ Debt Service (8000-8999) -$ -$ -$ -$ -$ -$ Other (9000-9999)-$ -$ -$ -$ -$ -$ Wastewater - Billing Services (730-4820)142,581$ 13,858$ 15,326$ 12,582$ -$ 41,766$ 29.3%100,815$ Personnel Services (0000-0999) 42,949$ 8,709$ 9,414$ 10,869$ 28,992$ 67.5% 13,957$ Materials & Supplies (1000-2999) 50$ -$ -$ -$ -$ 0.0% 50$ Contractual Services (3000-5999) 14,749$ 5,149$ 5,912$ 1,713$ 12,774$ 86.6% 1,975$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ Debt Service (8000-8999)-$ -$ -$ -$ -$ Other (9000-9999)84,833$ -$ -$ -$ -$ 0.0%84,833$ Wastewater - Infra. & Equip. Maint. (700-4823)1,946,894$ 310,241$ 256,472$ 216,401$ -$ 783,114$ 40.2%1,163,780$ Personnel Services (0000-0999) 236,014$ 45,096$ 52,757$ 67,166$ 165,019$ 69.9% 70,995$ Materials & Supplies (1000-2999) 21,413$ 1,584$ 5,393$ 2,981$ 9,958$ 46.5% 11,455$ Contractual Services (3000-5999) 1,014,467$ 263,561$ 198,322$ 138,079$ 599,962$ 59.1% 414,505$ Capital Outlay (7000-7999) 500,000$ -$ -$ 8,175$ 8,175$ 1.6% 491,825$ Debt Service (8000-8999)-$ -$ -$ -$ -$ Other (9000-9999)175,000$ -$ -$ -$ -$ 0.0%175,000$ Community Center - Building Overhead (252-4350)88,149$ 16,318$ 16,804$ 22,109$ -$ 55,231$ 62.7%32,918$ Personnel Services (0000-0999) 49,549$ 11,230$ 11,625$ 13,173$ 36,028$ 72.7% 13,521$ Materials & Supplies (1000-2999) 10,650$ 838$ 2,361$ 2,987$ 6,187$ 58.1% 4,464$ Contractual Services (3000-5999) 27,950$ 4,250$ 2,818$ 5,949$ 13,017$ 46.6% 14,933$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ Community Center - Banquet Center (252-4730)108,528$ 9,692$ 32,083$ 16,394$ -$ 58,169$ 53.6%50,359$ Personnel Services (0000-0999) 9,910$ 2,246$ 2,325$ 2,635$ 7,206$ 72.7% 2,704$ Materials & Supplies (1000-2999) 2,982$ 235$ 661$ 936$ 1,832$ 61.4% 1,150$ Contractual Services (3000-5999) 91,636$ 7,211$ 29,097$ 8,812$ 45,120$ 49.2% 46,516$ Capital Outlay (7000-7999)4,000$ -$ -$ 4,011$ 4,011$ 100.3%(11)$ Community Center - YMCA (252-4732)226,494$ 21,612$ 73,518$ 25,657$ -$ 120,786$ 53.3%105,708$ Personnel Services (0000-0999) 34,189$ 7,748$ 8,021$ 9,090$ 24,859$ 72.7% 9,330$ Materials & Supplies (1000-2999) 5,325$ 419$ 1,181$ 1,672$ 3,272$ 61.4% 2,053$ Contractual Services (3000-5999) 186,980$ 13,444$ 64,316$ 14,895$ 92,655$ 49.6% 94,325$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ Lakeside Park (255-4350)21,666$ 1,772$ 3,023$ 4,892$ -$ 9,688$ 44.7%11,978$ Personnel Services (0000-0999) 3,699$ 47$ 2,013$ 2,103$ 4,164$ 112.6% (465)$ Materials & Supplies (1000-2999) 2,400$ -$ -$ -$ -$ 0.0% 2,400$ Contractual Services (3000-5999) 15,567$ 1,725$ 1,010$ 2,789$ 5,525$ 35.5% 10,042$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ 2010 BUDGET VS. ACTUAL EXPENDITURE SUMMARY REPORT 2/3 Budget % YTD Budget Department/Expenditure Amount Q1 Q2 Q3 Q4 YTD Budget Balance Actual Amounts Park Dedication Fund (251-4470)65,000$ 19,295$ 615$ 5,370$ -$ 25,280$ 38.9%39,720$ Personnel Services (0000-0999) -$ -$ -$ -$ -$ -$ Materials & Supplies (1000-2999) -$ -$ -$ -$ -$ -$ Contractual Services (3000-5999) -$ -$ 615$ -$ 615$ (615)$ Capital Outlay (7000-7999)65,000$ 19,295$ -$ 5,370$ 24,665$ 37.9%40,335$ Special Projects (280-4180)539,000$ 56$ 4,286$ 13,754$ -$ 18,096$ 3.4%520,904$ Personnel Services (0000-0999) -$ -$ -$ -$ -$ -$ Materials & Supplies (1000-2999) -$ -$ -$ -$ -$ -$ Contractual Services (3000-5999) -$ -$ 16$ -$ 16$ (16)$ Capital Outlay (7000-7999) 449,000$ 56$ 4,270$ 13,754$ 18,080$ 4.0% 430,920$ Debt Service (8000-8999) -$ -$ -$ -$ -$ -$ Other (9000-9999)90,000$ -$ -$ -$ -$ 0.0%90,000$ Street Improvement (285-4470)547,000$ 6,348$ 17,750$ 122,209$ -$ 146,307$ 26.7%400,693$ Personnel Services (0000-0999) -$ -$ -$ -$ -$ -$ Materials & Supplies (1000-2999) -$ -$ -$ -$ -$ -$ Contractual Services (3000-5999) -$ 6,348$ (6,348)$ -$ -$ -$ Capital Outlay (7000-7999) 547,000$ -$ 24,098$ 122,209$ 146,307$ 26.7% 400,693$ FUND SUMMARY General Funds (100)1,066,117$ 204,017$ 210,701$ 294,496$ -$ 709,214$ 66.5%356,903$ Budget % YTD Budget Department/Division Amount Q1 Q2 Q3 Q4 YTD Budget Balance Parks (100-4360)306,586$ 55,662$ 56,800$ 106,370$ -$ 218,832$ 71.4%87,754$ Forestry (100-4380)61,450$ 15$ 1,649$ 11,451$ -$ 13,115$ 21.3%48,335$ Public Works (100-4400)698,081$ 148,340$ 152,252$ 176,675$ -$ 477,267$ 68.4%220,814$ Public Works Administration (100-4410) 120,436$ 20,790$ 26,412$ 30,555$ -$ 77,758$ 64.6% 42,678$ Buildings & Grounds Maintenance (100-4460) 136,185$ 26,362$ 30,809$ 24,202$ -$ 81,373$ 59.8% 54,812$ Vehicle & Equipment Maintenance (100-4465) 84,738$ 17,769$ 22,384$ 20,988$ -$ 61,141$ 72.2% 23,597$ Street Pavement Management (100-4470) 191,215$ 30,355$ 43,288$ 69,983$ -$ 143,626$ 75.1% 47,589$ Street Snow & Ice Control (100-4472) 128,811$ 45,718$ 22,018$ 22,536$ -$ 90,272$ 70.1% 38,539$ Street Sign Maintenance (100-4475) 36,696$ 7,346$ 7,341$ 8,410$ -$ 23,097$ 62.9% 13,599$ Enterprise Funds 4,326,763$ 687,997$ 495,495$ 468,592$ -$ 1,652,084$ 38.2%2,674,679$ Budget % YTD Budget Department/Division Amount Q1 Q2 Q3 Q4 YTD Budget Balance Street Lighting (240)75,419$ 14,123$ 17,478$ 17,656$ -$ 49,257$ 65.3%26,162$ Stormwater (245)369,344$ 20,079$ 24,002$ 42,258$ -$ 86,339$ 23.4%283,005$ Stormwater - System Maintenance (245-4415) 291,784$ 17,064$ 20,287$ 29,508$ -$ 66,859$ 22.9% 224,925$ Stormwater - Street Cleaning (245-4417)77,560$ 3,015$ 3,716$ 12,749$ -$ 19,480$ 25.1%58,080$ Drinking Water (700)1,792,525$ 329,695$ 182,217$ 179,697$ -$ 691,609$ 38.6%1,100,916$ Drinking Water - Billing Services (700-4820) 372,998$ 234,697$ 15,326$ 23,677$ -$ 273,700$ 73.4% 99,298$ Drinking Water - Infra. & Equip. Maint. (700-4823) 1,276,437$ 72,418$ 137,601$ 127,448$ -$ 337,467$ 26.4% 938,970$ Drinking Water - Water Production (700-4825)143,090$ 22,581$ 29,290$ 28,571$ -$ 80,442$ 56.2%62,648$ Wastewater (730)2,089,475$ 324,099$ 271,798$ 228,982$ -$ 824,879$ 39.5%1,264,596$ Wastewater - Billing Services (730-4820) 142,581$ 13,858$ 15,326$ 12,582$ -$ 41,766$ 29.3% 100,815$ Wastewater - Infra. & Equip. Maint. (700-4823) 1,946,894$ 310,241$ 256,472$ 216,401$ -$ 783,114$ 40.2% 1,163,780$ Special Revenue Funds 444,837$ 49,394$ 125,428$ 69,053$ -$ 243,875$ 54.8%200,962$ Budget % YTD Budget Department/Division Amount Q1 Q2 Q3 Q4 YTD Budget Balance Community Center (252)423,171$ 47,622$ 122,405$ 64,160$ -$ 234,187$ 55.3%188,984$ Community Center - Building Overhead (252-4350) 88,149$ 16,318$ 16,804$ 22,109$ -$ 55,231$ 62.7% 32,918$ Community Center - Banquet Center (252-4730) 108,528$ 9,692$ 32,083$ 16,394$ -$ 58,169$ 53.6% 50,359$ Community Center - YMCA (252-4732)226,494$ 21,612$ 73,518$ 25,657$ -$ 120,786$ 53.3%105,708$ Lakeside Park (255)21,666$ 1,772$ 3,023$ 4,892$ -$ 9,688$ 44.7%11,978$ Capital Projects Funds 1,151,000$ 25,699$ 22,651$ 141,332$ -$ 189,683$ 16.5%961,317$ Budget % YTD Budget Department/Division Amount Q1 Q2 Q3 Q4 YTD Budget Balance Park Dedication Fund (251)65,000$ 19,295$ 615$ 5,370$ -$ 25,280$ 38.9%39,720$ Special Projects (280)539,000$ 56$ 4,286$ 13,754$ -$ 18,096$ 3.4%520,904$ Street Improvement (285)547,000$ 6,348$ 17,750$ 122,209$ -$ 146,307$ 26.7%400,693$ Actual Amounts Actual Amounts Actual Amounts Actual Amounts 2010 BUDGET VS. ACTUAL EXPENDITURE SUMMARY REPORT 3/3