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HomeMy WebLinkAboutAgenda Packets - 2010/12/13 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, December 13, 2010 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing - 2011 Tax Levy and Budgets for All Funds 1. Resolution 7706 Adopting the 2011 Tax Levy 2. Resolution 7707 Adopting the 2011 Budgets for All Funds B. 7:10 pm Public Hearing – Second Reading and Adoption of Ordinance 855, Amending Appendix E of the Municipal Code about Planning and Development Fees (ROLL CALL VOTE) C. Resolution 7708, Approving the Eligibility List and Authorizing Promotion of Officer Ben Zender to Sergeant D. Resolution 7711, Approving the 2011 Recycling Grant Request to Ramsey County E. Resolution 7710, Setting the 2011 City Council Meeting Dates, Staff Retreat, and the 2011 Town Hall Meeting F. Resolution 7709, Approving Various Appointments to City Committees and Commissions G. Resolution 7713, Authorizing INSPEC, Inc. to Design and Prepare Bidding Documents for 2011 City Roof Replacement Projects H. Resolution 7717 Relating To Issuance Of The City's Multifamily Housing Revenue Bonds (Select Senior Living Of Mounds View Project), Series 2010 As Temporary Bonds And Authorizing The Issuance Of Multifamily Housing Revenue Refunding Bonds (Select Senior Living Of Mounds View Project), Series 2011 And The Execution Of Various Related Documents I. Resolution 7716, a Resolution Amending the City of Mounds View Personnel Manual City Council Agenda Monday, December 13, 2010 Page 2 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7705, Reauthorizing Membership in the 4M Fund C. Resolution 7714, Approving Direct Mailing of Mounds View Matters D. Resolution 7712, Authorizing a Garbage Contract for City Buildings E. Resolution 7715, Approving Revisions to the 2011 Fee Schedule F. Set a Public Hearing for Monday, January 10, 2011 at 7:05pm for the Introduction and First Reading of Ordinance 856, Amending Chapter 1113 of the Zoning Code, Adding Permitted and Conditional Uses to the B-2, Limited Business, District 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. November 8, 2010, City Council Minutes B, November 22, 2010, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Please announce a reminder that the December 27, 2010, EDA and City Council Meeting are canceled. C. Reports of City Attorney 12. Next Council Work Session: Monday, January 3, 2011, at 7pm Next Council Meeting: Monday, January 10, 2011, at 7pm 13. ADJOURNMENT Item No: 7.A.1. Meeting Date: December 13, 2010 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7706 Adopting the 2011 Property Tax Levy Attached is Resolution 7706 adopting the 2011 property tax levy. The Truth-in-taxation meeting was held on December 6, 2010 and the public had an opportunity to comment on the levy and budget. The City Council may adopt the tax levy on December 13th or schedule an additional meeting if necessary to adopt it no later than December 24, 2010. Staff recommends that the City Council adopt resolution 7706 adopting the 2011 property tax levy with a 3% increase for the General Fund. Respectfully submitted, ________________________ Mark Beer RESOLUTION NO. 7706 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Adopting the 2011 Property Tax Levy WHEREAS, the City Council has conducted numerous meetings and has made available detailed copies of the proposed 2011 Budget; and WHEREAS, the City Council provided the public an opportunity to speak at the Truth in Taxation council meeting on December 6, 2010 to take comment on the proposed 2011 tax levy; and WHEREAS, General Obligation Improvement Bonds of 2004 were issued and require a debt service levy of $190,553 to be collected in 2011; and WHEREAS , when the Fire Improvement Bonds of 2005 were issued, the debt service was scheduled to be $97,788, however due to changes in the allocation of costs between participating cities, Mounds View’s actual 2011 cost on said bonds will be $93,885. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following property tax levy for 2011 is hereby approved: General Fund base levy $ 3,402,792 Fire Bonds of 2005 levy 93,885 PERA rate increase levy 39,145 Police Referendum market value levy 196,000 Total General Fund 2010 property tax levy $ 3,731,822 G.O. Improvement Bonds of 2004 debt service levy $ 190,553 Street Improvement Capital Projects Fund $ 300,000 Total Property Tax Levy 2010 $ 4,222,375 and the City Administrator is hereby directed to notify Ramsey County and the State of Minnesota of said 2011 property tax levy. Said resolution was declared to have been duly passed and adopted this 13th day of December, 2010. __________________________ Joe Flaherty, Mayor ATTEST: __________________________ Jim Ericson, City Administrator (SEAL) Item No.: 7.A.2. Meeting Date: December 13, 2010 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title: Resolution 7707 Adopting the 2011 Budgets for All Funds Attached is Resolution 7707 and summaries of the 2011 General Fund, Special Revenue Funds, Debt Service Funds, Capital Projects Funds, and Enterprise Funds budgets. Respectfully submitted, ______________________ Mark Beer RESOLUTION NO. 7707 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota ADOPTING THE 2011 BUDGETS FOR ALL FUNDS WHEREAS, the City Council conducted numerous meetings and made available detailed budgets at City Hall and on the City’s website for the 2011 budgets for all funds; and WHEREAS, the City Council has considered said budgets. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following appropriations for the calendar year 2011 are hereby approved: GENERAL FUND: Amount City Council $ 49,767 Advisory Commissions 11,150 City Administrator 222,794 Elections 10,323 Central Services 238,923 Finance 247,870 Community Development 463,831 Police 2,304,086 Fire 297,467 Public Works Administration 123,715 Streets 539,807 Fleet management 86,259 Building maintenance 133,854 Recreation 109,600 Parks & Athletic Fields 363,464 Forestry 55,000 Convention & Visitors 42,750 Social services 18,661 Contingency 0 Fitness Program 6,500 Transfer to Vehicle Fund 75,000 Transfer to Community Center 170,000 Debt Service, Fire Department 89,662 Total General Fund $5,660,483 Resolution 7707 Page 2 FUND: Amount Cable TV $ 121,161 DARE 3,800 Police Grants 11,000 Forfeiture 31,000 Economic Development 387,435 Community Center 427,593 Lakeside Park 21,666 Recycling grant 26,185 Levy Reduction 250,000 TIF District #1 2,313,425 TIF District #2 155,091 TIF District #3 733,794 TIF District #5 1,333,989 Vehicle & equipment 836,394 Debt Service GO Bonds of 04A 264,275 Special Projects Fund 532,000 Street Improvement Fund 767,000 Park Dedication Fund 310,000 Water 2,564,054 Wastewater 2,032,481 Street Lighting 78,707 Surface Water 311,601 TOTAL ALL FUNDS $19,173,134 BE IT FURTHER RESOLVED, that, summaries of the 2011 budget shall be incorporated with and included as part of this resolution as Attachment A. Passed and adopted this 13th day of December, 2010. ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ Jim Ericson, City Administrator (SEAL) Item No: 7C Meeting Date: December 13, 2010 Type of Business: Council Business Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Chief of Police Item Title/Subject: Promotion of Benjamin Zender to the Position of Police Sergeant Discussion: On July 30, 2010, Sgt Mike Kampa retired as a police sergeant for the Mounds View Police Department. This created a vacancy for this position and the city council and police civil service commission both approved the process to fill this vacant supervisory position from internal candidates. On October 11, 2010, the Police Civil Service Commission approved the promotional process to fill the sergeant position from internal candidates. The following procedures were followed: • The position was posted for internal candidates with five years experience with the Mounds View Police Department. Five internal candidates applied for the position. • Three steps were followed for the process of assessing the candidates. The steps were: 1. A review of the candidate’s resume and letter of interest. Conducted and scored by the Chief of Police and Assistant City Administrator. 2. Promotability index. A score based on an index of: past performance, commitment to departmental management philosophy, integrity, dedication and conscientiousness, writing skills, concern for fellow employees, communication skills, and effectiveness in dealing with the public. The Police Chief completed this portion of the scoring. 3. Oral Interview. Conducted by a panel of interviewers from outside the department. The panel consisted of a Captain with the White Bear Lake Police Department, a Commander with the Ramsey County Sheriff’s Department and a Detective Sergeant with the Roseville Police Department. The panel members scored the interview. A meeting of the Police Civil Service Commission was held on December 2, 2010. Based upon the scores of the applicants, the Commission certified the top five candidates for the position. The top scoring candidate on that list was Officer Benjamin Zender. The Police Chief has met with Officer Zender and recommends he be promoted to the position of police sergeant. Item 07C Resolution Approving Promotion of Ben Zender to Sergeant Page 2 Recommendation: Staff seeks council approval to proceed with appointing Benjamin Zender to the position of police sergeant, effective December 14, 2010. Ben Zender will start at step 3($34.04) of the sergeants labor contract wage scale. Progression to step 4($35.95) of the wage steps would occur after 6 months in the position and again to step 5($37.83) after 18 months. Respectfully Submitted, __________________ Thomas Kinney Chief of Police RESOLUTION NO. 7708 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING BENJAMIN ZENDER TO THE POSITION OF POLICE SERGEANT WHEREAS, Five applicants submitted information for the position of police sergeant and all went through a scored promotion process approved by the Mounds View Police Civil Service Commission, and; WHEREAS, the Police Civil Service Commission certified the candidates from the five applicants, with the top candidate being Benjamin Zender and; WHEREAS, the Chief of Police has met with Mr. Zender and recommends he be appointed to the position of police sergeant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: Benjamin Zender be appointed to the position of police sergeant, effective December 14, 2010 at the step 3 rate of pay ($34.04) as stipulated in the Sergeants labor contract for the position, with a progression to step 4 ($35.95) after 6 months and step 5 ($37.83) after 18 months from the appointment date. Adopted this 13th day of December 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ Jim Ericson, City Administrator (seal) Item No: 07D Meeting Date: December 13, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Mayor and City Council From: Mary Springer, Receptionist/Recycling Coordinator Item Title/Subject: Resolution No. 7711, Approving the 2011 SCORE Recycling Grant Request to Ramsey County Background In conjunction with Ramsey County and the State of Minnesota SCORE Program, the City of Mounds View is eligible to apply for grant monies to fund 2011 recycling activities. As part of the grant application, the City Council must formally request the funding. This amount is projected to be $26,545. Discussion The attached 2011 SCORE funding grant application describes Mounds View’s recycling program and proposed budget allocation. Please note SCORE funds may only be used for their allocated purposes. (For example, administration funds may not be used for publicity costs). In 2011, staff will continue to bring attention to the ongoing composting and recycling programs in the City of Mounds View. This information will be cited in the Mounds View Matters, City’s website, and CTV. Recommendation Staff recommends the adoption of Resolution 7711 approving the 2011 SCORE Recycling Grant Request to Ramsey County. Respectfully Submitted, _________ Mary Springer Receptionist/Recycling Coordinator RESOLUTION NO. 7711 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE 2011 SCORE RECYCLING GRANT REQUEST TO RAMSEY COUNTY WHEREAS, Ramsey County is accepting applications for use of SCORE funds to improve recycling participation by the public; and, WHEREAS, the City of Mounds View is eligible to apply for a grant to provide administrative and promotional activities intended to improve recycling participation among city residents through education, awareness, and incentives; and, WHEREAS, the City Council of the City of Mounds View has determined that this is an appropriate use of city resources and that increasing recycling participation benefits the public health, safety, and welfare of the community as a whole. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View approves the attached application for 2011 SCORE funding and authorizes acceptance of any allocated funding. Adopted this 13th day of December, 2010. ___________________________________ Joe Flaherty, Mayor ATTEST: ___________________________________ James Ericson, Clerk-Administrator (seal) Item No: 07E Meeting Date: December 13, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7710, Setting the 2011 City Council Meeting Dates, Staff Retreat, and the 2011 Town Hall Meeting. Discussion: Based on the Council’s schedule of conducting meetings, Work Sessions are normally scheduled for the first Monday of each month and Council meetings on the second and fourth Mondays of each month. Attached is a proposed list of Work Session and City Council Meeting dates for 2011 (Exhibit A). Three legal holidays fall on dates that would otherwise be considered Council meetings— Independence Day (July 4, 2011), Labor Day (September 5, 2011), Christmas (City offices are closed on December 26, 2011 in observance of the Christmas holiday). For these dates, the schedule reflects a Tuesday. In addition to setting the official calendar, Staff would like to discuss dates for the Council/Staff Retreat and the Town Hall Meeting. Due to the costs associated with preparing and conducting a Town Hall Meeting, Staff and the City Council relocated the Town Hall Meeting in 2010 to City Hall. This included scheduling the 2010 Town Hall Meeting on a weekday night (Monday). Relocating and rescheduling the Town Hall Meeting in 2010 generated more resident participation than in past Town Hall Meetings. If the City Council wishes to continue scheduling the Town Hall Meeting on a Monday night, then Staff would recommend starting the Town Hall Meeting at 7pm to be consistent with most City meetings. The following below are possible dates for the Town Hall Meeting. The City Council may wish to continue having the Town Hall Meeting in City Hall, or move it back to the Mounds View Community Center. The Community Center and City Hall Council Chambers are available on the following dates: March 2011 April 2011 Monday, March 21st Monday, April 18th In regard to the Council/Staff Retreat, Staff feels that scheduling the retreat in February will allow enough time for Staff to prepare a presentation for the Town Hall Meeting. The following below are potential dates for the Council/Staff Retreat: February 2011 Tuesday, February 15th Wednesday, February 16th Thursday, February 17th Item 07E December 13, 2010 City Council Meeting Page 2 Recommendation: Reschedule the meetings that fall on the identified holidays and adopt Resolution 7710. Please also advise Staff on which dates would work best for the Council/Staff Retreat and the 2011 Town Hall Meeting. Staff will add the Council/Staff Retreat and the 2011 Town Hall Meeting dates to Exhibit A of Resolution 7710. Respectfully Submitted, _____________________________ Desaree Crane RESOLUTION NO. 7710 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SETTING THE 2011 CITY COUNCIL MEETING DATES, COUNCIL/STAFF RETREAT, AND THE 2011 TOWN HALL MEETING WHEREAS, the City’s Charter states that the City Council shall meet regularly at least twice monthly as they may designate by ordinance; and WHEREAS, Chapter 105 of the Mounds View City Code states that regular meetings of the City Council shall be held on the second and fourth Monday of every month at 7:00 p.m.; and WHEREAS, the City Council has traditionally scheduled Work Sessions on the first Monday of the month; and WHEREAS, City Council meetings are scheduled on the second and fourth Mondays of each month; and WHEREAS, the City’s Code further states that if that Monday is a legal holiday, then the meeting shall be canceled or held on another date and time; and WHEREAS, Three legal holidays fall on dates that would otherwise be considered Council meetings: Independence Day (July 4, 2011), Labor Day (September 5, 2011), Christmas (City offices are closed on December 26, 2011 in observance of the Christmas holiday); and WHEREAS, in accordance with the City Code, these meetings dates have been rescheduled to Tuesday. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby establish the Official City of Mounds View City Council Meeting Calendar for the year 2011 as shown in Exhibit A and that unless otherwise posted, all City Council meetings are to begin at 7:00 pm. Adopted this 13th day of December, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) EXHIBIT A WORK SESSIONS COUNCIL MEETINGS January 3, 2011 January 10, 2011 January 24, 2011 February 7, 2011 February 14, 2011 February 28, 2011 March 7, 2011 March 14, 2011 March 28, 2011 April 4, 2011 April 11, 2011 April 25, 2011 May 2, 2011 May 9, 2011 May 23, 2011 June 6, 2011 June 13, 2011 June 27, 2011 July 5, 2011(Tuesday) July 11, 2011 July 25, 2011 August 1, 2011 August 8, 2011 August 22, 2011 September 6, 2011 (Tuesday) September 12, 2011 September 26, 2011 October 3, 2011 October 10, 2011 October 24, 2011 November 7, 2011 November 14, 2011 November 28, 2011 December 5, 2011 December 12, 2011 December 27, 2011 (Tuesday) Item No: 07F Meeting Date: December 13, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7709, Approving Various Appointments to the City’s Boards, Commissions, and Committees Background: The Park, Recreation and Forestry Commission, Planning Commission, and the Streets and Utilities Committee have term seats, which will expire on December 31, 2010. Park and Recreation and Forestry Commission Jerry Kunz December 31, 2010 Cindy Palm December 31, 2010 Planning Commission Gary Rundle December 31, 2010 Streets and Utilities Committee Valerie Amundsen December 31, 2010 Jim Battin December 31, 2010 Bob Glazer December 31, 2010 Discussion: Park, Recreation and Forestry Commission: Staff received two (2) reappointment applications and no new volunteer applications. The Park, Recreation and Forestry Commission recommend reappointing Jerry Kunz and Cindy Palm. Planning Commission: Staff received one (1) reappointment application and no new volunteer applications. The Planning Commission recommends reappointing Gary Rundle. Item 07F December 13, 2010 Page 2 Streets and Utilities Committee: Staff received four (4) applications to the Streets and Utilities Committee. Valerie Amundsen and Bob Glazer did not want to reapply, and therefore, did not submit an application. In addition, Nathan Bjerke resigned his seat effective December 7, 2010. Mr. Bjerke’s seat was set to expire on December 31, 2011. Mr. Bjerke’s seat will need to be filled. Staff received applications from Jim Battin, Shawn Young, Brian Amundsen, and Tony Hoffman. All applicants are residents of Mounds View. The Committee does not wish to make any recommendations to the City Council, and would like the City Council to make the appointment without recommendations from this Committee. There are four (4) seats vacant on this committee. Three of the seats will have expiration dates of December 31, 2013, and one seat will have an expiration date of December 31, 2011. Recommendation: Attached are all the submitted applications to these Commissions/Committees. It is recommended that the City Council consider these applications, and approve appointments to their respective commission and committees. Attached is Resolution 7709 for your consideration. The City Council may also elect to not accept the recommendations from the Commissions and appoint other candidates as it may see fit. Respectfully submitted, _____________________ Desaree Crane RESOLUTION NO. 7709 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA REAPPOINTING MEMBER TO VARIOUS MOUNDS VIEW COMMISSIONS AND COMMITTEES WHEREAS, Mounds View Board, Commission and Committees consist of members appointed by the City Council; and WHEREAS, there will be vacant seats effective December 31, 2010, in the Park and Recreation and Forestry Commission, Planning Commission, and the Streets and Utilities Committee. NOW, THEREFORE, BE IT RESOLVED by the City Council of Mounds View, Ramsey County, Minnesota, as follows: 1. The City Council does hereby approve the following Mounds View residents to serve on the Park and Recreation and Forestry Commission: Name Term Expiration (3-Year Term) Jerry Kunz December 31, 2013 Cindy Palm December 31, 2013 2. The City Council does hereby approve the following Mounds View residents to serve on the Planning Commission: Name Term Expiration (3-Year Term) Gary Rundle December 31, 2013 3. The City Council does hereby approve the following Mounds View residents to serve on the Streets and Utilities Committee. Name Term Expiration (3-Year Term) ______________ December 31, 2011 ______________ December 31, 2013 ______________ December 31, 2013 ______________ December 31, 2013 Resolution 7709 Page 2 Adopted this 13th day of December, 2010. _____________________________ Joe Flaherty, Mayor ATTEST: _____________________________ James Ericson, City Administrator (seal) Item No: 7G Meeting Date: December 13, 2010 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 7713, Authorizing INSPEC, Inc. to Design and Prepare Bidding Documents for 2011 Roof Replacement Projects Background: Public Works has been investigating the reoccurring roof issues over the past year, including a comprehensive roof management program proposal for all City-owned buildings. The City Council authorized INSPEC, Inc. to perform a roof management program on October 25, 2010 (Res. 7684). INSPEC completed the evaluation and submitted the roof management program to the City on November 17, 2010. Discussion: Roof Evaluation: In general, the conditions of the roofs range from poor to fair to good. While some roofs only require simple repairs or maintenance to extend their service life, others do not. The most important roofs of concern are primarily the older assemblies that are close or have reached their life expectancies. A roof section inventory is attached summarizing the individual facilities and broken down further into roof sections for each facility. Also attached is a 5-year roof budget summary. INSPEC is recommending roof replacement in 2011 for the following facilities with estimated costs: 1. City Hall, sections A (1960 original building) & B (1975 addition): $282,132. Section C (2006 addition) is not needed. 2. Community Center, section C only (above kitchen): $12,708. All the other roof sections are recommended to be replaced in 2012. 3. Well No. 5 (Long Lake Road/Woodcrest): $22,440 4. Well No. 6 (Bronson Drive/Groveland): $22,440 Total combined estimated cost: $339,720 Other roofs evaluated and indicating signs of replacement in 2011 include the Lambert Park building and Well No. 4 (Hillview/Edgewood). These roofs are not being recommended for replacement since the Lambert Park building is considered for replacement in 2011 and Well No. 4 has been out of commission for years and not in use. Design Phase: The next step to roof replacement is to perform design and prepare bidding documents. Since the total construction cost is estimated to be over $100,000, the project will need to be publicly bid. INSPEC has provided a professional services proposal for design ($6,500), preparing plans/specifications ($5,700), bidding ($900), and construction observation/testing ($6,700). However, at this time only design and preparation of plans/specifications (bidding documents) are needed (total $12,200). Once design and bidding documents are complete, the Council will still need to approve the plans/specifications and authorize advertisement for bids, as well as award the construction contract with the successful bidder before any construction can begin. Reso. 7713, Authorizing INSPEC, Inc. to Design and Prepare Bidding Documents for 2011 Roof Projects December 13, 2010 Page 2 The following is the scope of work and basic services for the design phase for the 2011 Roof Replacement Projects: Scope of Work: The project will include reroofing of the 1960 original building and 1975 addition of City Hall, which consist of ballasted single-ply roofs installed in 1998; the kitchen roof at the Community Center; and Well Buildings #5 and #6. Our proposed reroofing is based on the removal of the existing rock ballast and membrane to the existing insulation (salvaging the insulation if possible or providing new insulation), adding new insulation as necessary to meet existing code requirements and to improve drainage, installing a built-up roof membrane or 60-mil EPDM membrane with a 20-year warranty. New color-coated sheet metal will be installed at the roof details. Basic Service-Design: 1. Site verification: Includes key roof-related details verified in the field using exploratory test openings, including verifying dimensions, and sketching and photographing the actual existing conditions. We will also observe and evaluate the following to provide a basis for the development of the reroofing design: a. Ponding layouts; b. Interior verification of decking; c. Exterior verification of decking at test cut locations; d. Existing drainage and leader sizing; e. Possible new roof drain locations; f. Wall conditions adjacent to the roof (through-wall flashing); g. Discuss roof history with building personnel; h. Code considerations updated; and i. Reusing existing wood block; 2. Design Development: a. Address special roof detailing, tapered insulation to improve drainage, overflow drainage, mechanical curb modifications, removing obsolete items and other issues related to this project, and also a review of the project prior to the preparation of final construction documents. b. An energy analysis of the existing roof system and the proposed new roof system will be conducted. c. Based on the background information, viable roof detailing for long-term watertight conditions will be determined and presented for a final decision regarding the reroofing design. d. Based on these decisions in design development, construction documents for this project will be fully developed. 3. Bidding Documents (Plans/Specifications): Drawings and full specifications will be prepared including the City's insurance and bonds requirements, along with summary of work and technical sections. Drawings will delineate the design intent graphically and will be prepared in a format that is easy to bid and construct from. Outline specification information will include insurance, performance bonds, a construction schedule, submittal requirements, and other project-related information. Reso. 7713, Authorizing INSPEC, Inc. to Design and Prepare Bidding Documents for 2011 Roof Projects December 13, 2010 Page 3 Funding: The proposed 2011 budget includes monies to address the roof replacements being considered. The following is a breakdown of the funding locations: • $175,000 for City Hall under 280-4180-7050, Special Projects; • $10,000 for MVCC under 252-4350-7030, Community Center Building Overhead; • $65,000 for Well No. 5 & 6 under 700-4823-7050, Water Infrastructure & Equip. Maintenance. Total combined proposed funding amount: $250,000 The discrepancy between the INSPEC combined estimated cost of $339,720 and the combined fund amount of $250,000 is due to the overly conservative estimate used by INSPEC, namely for the City Hall roof replacement costs. City staff solicited two roofing quotes during summer 2010 for City Hall that ranged from $117,000 to $120,000. Like most capital improvement planning, INSPEC used a crude estimate of $120 per square foot. This unit price is most likely much higher than what will actually be bid. City staff recommends adding a 5% contingency ($600) to the INSPEC fee of $12,200 to cover any additional investigation or evaluation that could occur during the site verification. This contingency will only be spent if these unknowns occur. Recommendation: City staff recommends that the City Council consider adopting Resolution 7713, which will authorize INSPEC to perform professional services to design and prepare plans/specifications for use in bidding partial roof replacements for City Hall and the MVCC, and full roof replacements for Well No. 5 and 6. If approved, an Owner-Engineer agreement will be drafted for $12,200. The Council will still need to approve the plans and authorize advertisement for bids, as well as awarding the construction contract to the successful bidder before any construction will take place. INSPEC’s fee for bidding and construction phases would be authorized at these times. Respectfully submitted, Nick DeBar - Public Works Director Attachments: Roof Section Inventory Roof Budget Summary Resolution 7713 RESOLUTION 7713 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING INSPEC, INC. TO DESIGN AND PREPARE BIDDING DOCUMENTS FOR 2011 ROOF REPLACEMENT PROJECTS WHEREAS, the City owns sixteen separate facilities totaling over 127,000 square feet of roofing areas, many of which need repair or replacement now or in the near future; and WHEREAS, on October 25, 2010, the City Council authorized INSPEC, Inc. of Minneapolis, Minnesota to inspect and evaluate roof conditions; quantify deficiencies, roof service life, and associated costs; analyze information gathered; and prepare a written report summarizing findings into a Roof Management Program; and WHEREAS, INSPEC has completed the Roof Management Program and recommends partial roof replacement for the City Hall and Community Center and full roof replacement for Municipal Well No. 5 and 6; and WHEREAS, a fee proposal totaling $12,200 was provided by INSPEC, Inc. for performing professional services to design and prepare plans and specifications to be used in soliciting bids from qualified roofing contractors; and WHEREAS, monies are included in the 2011 budget for the above said roofing improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The fee proposal of $12,200 submitted by INSPEC, Inc. to design and prepare bidding documents for the partial roof replacement of City Hall and the Community Center and full roof replacement of Municipal Well No. 5 and 6 is hereby accepted by the City. 2. City staff is directed to draft a professional service agreement with INSPEC, Inc. for said services and fee. 3. The City Attorney is authorized to review the drafted professional service agreement. 4. Upon satisfactory review by the City Attorney, the Mayor and City Administrator are hereby authorized and directed, for and on behalf of the City, to execute and enter into the professional services agreement with INSPEC, Inc. for said services and fee. 5. A 5% contingency for $600 will be added to the proposal fee of $12,200 for a budget amount not to exceed $12,800 for the said services. 6. Funding will be prorated based on the estimated construction costs from the following accounts: 280-4180-7050, 252-4350-7030, and 700-4823-7050 to pay for the said professional services. Adopted this 13th day of December, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 7.H. Meeting Date: December 13, 2010 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7717 Relating to Issuance of the City’s Multifamily Housing Revenue Bonds (Select Senior Living of Mounds View Project), Series 2010 as Temporary Bonds and Authorizing the Issuance of Multifamily Housing Revenue Refunding Bonds and the Execution of Various Related Documents Introduction: The City Council previously authorized in resolution 7672 issuance of Multifamily Housing Revenue Bonds, Series 2010, for a 95 unit senior housing facility located at County Highway 10 and Groveland Road. The closing on the bond sale is scheduled for Tuesday, December 14, 2010. Discussion: Due to adverse market conditions that may last through the end of the year. The borrower has asked if the City will issue the bonds on a temporary basis to later be refunded once the adverse marketing conditions have abated. The bonds will be purchased by M&I Bank. The developer will make a deposit that will cover the City’s fee, accrued interest on the temporary bonds and the legal fees. The bond proceeds are held in trust until the refunding bonds can be sold. The attached resolution will authorize the temporary issue and refunding of the temporary bonds once marketing conditions improve. The City’s bond council, Jenny Boulton and the Developer Joel Larson are available for any questions the Council may have. The risk to the City does not change by authorizing the temporary bonds and allowing them to be refunded. Recommendation: Staff recommends that the Council ask any questions that they may have to support their consideration of this request. Respectfully submitted, ________________________ Mark Beer Finance Director 379376v2 JSB MU210-192 2 RESOLUTION NO. 7717 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION RELATING TO ISSUANCE OF THE CITY'S MULTIFAMILY HOUSING REVENUE BONDS (SELECT SENIOR LIVING OF MOUNDS VIEW PROJECT), SERIES 2010 AS TEMPORARY BONDS AND AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS AND THE EXECUTION OF VARIOUS RELATED DOCUMENTS WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the “Act”) and its Resolution No. 7672 adopted September 13, 2010, the City of Mounds View, Minnesota (the “City”) authorized, at the request of Select Senior Living of Mounds View, L.L.C., a Minnesota limited liability company (the “Borrower”), the issuance of its Multifamily Housing Revenue Bonds (Select Senior Living of Mounds View Project), Series 2010 in an amount not to exceed $15,000,000 (the “2010 Bonds”) to finance (i) the acquisition, construction and equipping of an approximately 95-unit multifamily senior housing facility with 19 memory care units, 64 assisted living units, and 12 independent living units, to be located at the northwest quadrant of the intersection of Groveland Road and County Road 10 in the City (the “Project”); (ii) the payment of interest on the bonds during the construction of the Project; (iii) the funding of required reserves; and (iv) the payment of certain costs related to the issuance of the bonds; and WHEREAS, because of adverse market conditions the 2010 Bonds cannot be marketed and sold for long term investment at this time; and WHEREAS, the Borrower has requested that the City authorize the issuance of the 2010 Bonds on a temporary basis and authorize the issuance of multifamily housing revenue refunding bonds in 2011 or thereafter and the execution of various related documents; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW, MINNESOTA, AS FOLLOWS: 1. The City hereby consents to the issuance of the 2010 Bonds on a temporary basis and calling the 2010 Bonds for redemption upon issuance of multifamily housing revenue refunding bonds in 2011 or thereafter (the “Refunding Bonds”). 2. The Mayor and the City Administrator are authorized and directed to execute a Trust Indenture with Wells Fargo Bank, National Association (the “Trustee”) (the “2010 Indenture”) and a Loan Agreement with the Borrower (the “2010 Loan Agreement”) in the name and on behalf of the City upon the issuance of the 2010 Bonds. Any other documents and certificates necessary in connection with the issuance of the 2010 Bonds shall be executed by the appropriate City officers. The execution of any of the 2010 Indenture, the 2010 Loan Agreement or any other document or instrument by the Mayor and the City Administrator or by the appropriate officer or officers of the City shall be conclusive evidence of the approval of such document in accordance with the terms hereof. 3. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Refunding Bonds in one or more series, some portion of which may be taxable obligations, in a maximum aggregate principal amount not to exceed the outstanding principal balance of the 2010 Bonds. The Refunding Bonds shall bear interest at the rates, shall be designated, shall be numbered, shall 379376v2 JSB MU210-192 3 be dated, shall mature, shall be in the principal amounts, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in an Indenture of Trust with the Trustee (the “Refunding Indenture”). The City hereby authorizes a portion of the Refunding Bonds to be issued as taxable obligations and/or the Bonds to be issued, in whole or in part, as “tax-exempt bonds,” the interest on which is excludable from gross income for federal and State of Minnesota income tax purposes. All of the provisions of the Refunding Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Refunding Bonds shall be substantially in the form in the Refunding Indenture on file with the City, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the principal amounts of the Refunding Bonds, the stated maturities of the Refunding Bonds, the interest rates on the Refunding Bonds and the terms of redemption of the Refunding Bonds) as the Mayor and the City Administrator, in their discretion, shall determine. The execution of the Refunding Bonds with the manual or facsimile signature of the Mayor and the City Administrator and the delivery of the Refunding Bonds by the City shall be conclusive evidence of such determination. 4. The Refunding Bonds shall be special, limited obligations of the City payable solely from the revenues provided by the Borrower pursuant to a Loan Agreement (the “Refunding Loan Agreement”) and other funds pledged pursuant to the Refunding Indenture; however, the City does not pledge its general credit or taxing powers or any funds of the City to the payment of the Bonds. The City Council hereby authorizes and directs the Mayor and the City Administrator to execute the Refunding Indenture and the Refunding Loan Agreement in the name and on behalf of the City upon the issuance of the Refunding Bonds. Any other documents and certificates necessary in connection with the issuance of the Refunding Bonds, including but not limited to a Bond Purchase Agreement, a Regulatory Agreement and an Assignment of Mortgage, shall be executed by the appropriate City officers. The execution of any of the Refunding Indenture, the Refunding Loan Agreement or any other document or instrument by the Mayor and the City Administrator or by the appropriate officer or officers of the City shall be conclusive evidence of the approval of such document in accordance with the terms hereof. 5. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any officer, agent or employee of the City in that person’s individual capacity, and neither the City Council nor any officer or employee executing the 2010 Bonds or the Refunding Bonds shall be personally liable on the 2010 Bonds or the Refunding Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the 2010 Bonds or the Refunding Bonds, or in any other document relating to the 2010 Bonds or the Refunding Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of the City or any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or 379376v2 JSB MU210-192 4 revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the 2010 Bonds or the Refunding Bonds, as provided therein. 6. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City, any holder of the 2010 Bonds or the Refunding Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, and any holder from time to time of the 2010 Bonds or the Refunding Bonds issued under the provisions of this resolution. 7. The Borrower shall pay the administrative fee of the City in an on the date of issuance of the 2010 Bonds. No additional administrative fee will be required in connection with the issuance of the Refunding Bonds. The Borrower will also pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the 2010 Bonds or the Refunding Bonds, whether or not the 2010 Bonds or the Refunding Bonds are issued, including any costs for attorneys’ fees. 8. Except as herein otherwise expressly provided, Resolution No. 7672 adopted September 13, 2010 remains in full force and effect. Adopted by the City Council of the City of Mounds View, Minnesota, on this 13th day of December, 2010. CITY OF MOUNDS VIEW, MINNESOTA Joe, Flaherty, Mayor Attest: Jim Ericson, City Administrator Item No: 07I Meeting Date: December 13, 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 7716, a Resolution Amending the City’s Personnel Manual Introduction: The League of Minnesota Cities, as a result of an employment matter undergoing legal review, suggests the Council add some disclaiming language to its Personnel Manual. In addition, other revisions were deemed necessary to eliminate conflicting language between sections and to eliminate an inconsistency between the Personnel Manual and the City Code. Discussion: Revision #1. Recently, the League of MN Cities suggested that the City consider adding “disclaimer language” to the Personnel Manual that would clarify that (1) the City Council retains the right and discretion to modify the Personnel Manual; (2) the City Council retains responsibility for any necessary interpretation; and that (3) nothing in the Manual should be construed to be a contract. The specific language suggested is as follows: Nothing in this Personnel Manual should be construed as a contract. The City has the right to change these policies, procedures, and benefits as it deems appropriate without notice. Responsibility for final interpretation of any specific issues as they relate to policies, procedures, and benefits lies with City Council. The introductory statements in the Personnel Manual already acknowledge that the Council has the right and ability to modify the stated polices, but the other provisions noted above needed to be added. The revised paragraph reads as follows (with the additional language underlined for reference.) The City reserves the right, at its discretion, to change or terminate any provision of this handbook or to add new provisions at any time without prior notification. Responsibility for final interpretation of any specific issues as they relate to policies, procedures, and benefits lies with City Council. Suggestions you have for changes in the City's personnel policies are welcome and should be submitted in writing to the City Administrator. If, and whenever, information in this packet conflicts with a union contract, the union contract shall override the packet information. This Personnel Manual itself is not an employment contract, and nothing herein should be construed as such. Item 07I December 13, 2010 Page 2 Revision #2. The League of MN Cities also suggested that the City consider changing the Personnel Manual to reflect an “at will” employment environment rather than “just cause,” as it would relate to discipline. (This has been discussed and revised by the Council in the past.) With most employees covered by labor agreements, it would not seem worthwhile or overly beneficial to change the Personnel Manual in this regard, however a related change is needed regarding probationary employees. Section 1.05 of the Manual relates to discipline, and the following is stated regarding probationary employees: Disciplinary action for just cause may be handled as deemed appropriate by the City. This policy does not apply to new probationary employees. New probationary employees may be disciplined, at any time, for any reason, which does not violate the law, subject to the rights of veterans. The second sentence is underlined for emphasis. Later in the Personnel Manual, in Section 1.37 which references Probationary Periods, conflicting language is present regarding probationary employees: New, probationary employees may be terminated by the City with cause at any time, subject to the right of veterans. To be consistent, both sections should be revised—Section 1.05 to include a reference to termination, and Section 1.37, to change “with cause” to “with or without cause”. Revision #3. Finally, in Section 1.05, the Progressive Discipline policy is articulated, with “termination” being the final step, naturally. The language, however, seems more indicative of a Council / Manager type of government than Mounds View’s Council / Administrator format. The introductory paragraph under “terminations” reads as follows: The City Administrator, or the Department Head with the concurrence of the City Council, may terminate an employee. The City Administrator does not have this authority, and most certainly a department head does not have this authority (with the exception of temporary/seasonal employees). The City Code, in Section 106.03, Subd 1b(9) indicates that the administrator provides advice to the Council regarding dismissals: Advise the Council in decisions affecting the employment or removal of Department heads and appointed officials. The above passage however is unclear regarding whose decision the removal is—the Council’s or the Administrator’s. Historically, this action has been the domain of the Council. If the City Council were to interpret the above passage to mean that the administrator is simply required to keep the Council “advised” when he/she terminates an employee, then the Personnel Manual would not need to be changed. Item 07I December 13, 2010 Page 3 Assuming the Council prefers to retain control over this personnel function (since it maintains control over hiring decisions), staff would recommend changing Section 1.05 to replace the present language with the following passage: The City Administrator, or the Department Head with the concurrence of the City Administrator, may recommend termination of an employee. Terminations shall be approved by the City Council. Inconsequential revisions While reviewing the Personnel Manual, staff observed many references, statutory and otherwise, position titles, footnotes and other areas in need of revision. There are references to policies which no longer exist or are no longer applicable or pertinent which should be deleted, and there are “missing” references to policies that have been adopted that need to be added. Also, there are a few poorly written and unclear passages, typographical errors, redundant paragraphs and other notations which simply need to be updated. These types of changes will be made administratively during the revision process. Additional Revisions May Be Required It is quite likely that staff will identify other policies that will necessitate revision approved by the City Council, such as the policy dealing with Offensive Behavior and Sexual Harassment, which has been forwarded to the attorney for his review. We hope to conclude our review of the Personnel Manual within the next month. Recommendation: The Personnel Manual is presently in need of three revisions. The first is recommended by the League of MN Cities which would add “disclaiming” language to the introductory passages of the manual. The second would eliminate the inconsistency between Sections 1.05 and 1.37 regarding probationary employees. The third revision requiring Council approval clarifies that the City Council, not the City Administrator, approves employee terminations. Staff recommends approval of Resolution 7716 which authorizes the referenced revisions to the City of Mounds View Personnel Manual. Respectfully submitted, ________________________ James Ericson City Administrator . RESOLUTION 7716 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REVISING THE INTRODUCTION SECTION AND SECTIONS 1.05 AND 1.37 OF THE CITY OF MOUNDS VIEW PERSONNEL MANUAL WHEREAS, the League of Minnesota Cities has suggested that the City of Mounds View add “disclaiming” language to its Personnel Manual which would assert three points: 1. The City Council retains the right and discretion to modify the Personnel Manual as it may see fit and without any notice, 2. The City Council retains responsibility for any necessary interpretation of any policy or provision therein, and 3. Nothing in the Personnel Manual should be construed to be a contract. WHEREAS, the City Council has been made aware of an inconsistency between Section 1.05 and Section 1.37 or the Personnel Manual regarding probationary employees; and, WHEREAS, the City Council has been made aware of an inconsistency between Section 1.05 of the Personnel Manual and Section 106.03, Subd 1b(9) of the City Code regarding terminations. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council approves the following revision to the introductory passage of the Mounds View Personnel Manual, as follows: The City reserves the right, at its discretion, to change or terminate any provision of this handbook or to add new provisions at any time without prior notification. Responsibility for final interpretation of any specific issues as they relate to policies, procedures, and benefits lies with City Council. Suggestions you have for changes in the City's personnel policies are welcome and should be submitted in writing to the City Administrator. If, and whenever, information in this packet conflicts with a union contract, the union contract shall override the packet information. This Personnel Manual itself is not an employment contract, and nothing herein should be construed as such. Res. 7716 Page 2 NOW, THEREFORE BE IT FURTHER RESOLVED, that the Mounds View City Council approves the following revision to Section 1.05 (Discipline Policy) of the Mounds View Personnel Manual, as follows: Disciplinary action for just cause may be handled as deemed appropriate by the City. This policy does not apply to new probationary employees. New probationary employees may be disciplined or terminated, at any time, for any reason, which does not violate the law, subject to the rights of veterans. NOW, THEREFORE BE IT FURTHER RESOLVED, that the Mounds View City Council approves the following revision to Section 1.05 (B)4 of the Mounds View Personnel Manual, as follows: The City Administrator, or the Department Head with the concurrence of the City Administrator, may recommend termination of an employee. Terminations shall be approved by the City Council. The City Administrator, or the Department Head with the concurrence of the City Council, may terminate an employee. NOW, THEREFORE BE IT FINALLY RESOLVED, that the Mounds View City Council approves the following revision to Section 1.37 (Probationary Period Policy) of the Mounds View Personnel Manual, as follows: New, probationary employees may be terminated by the City Council, with or without cause at any time, subject to the rights of veterans. Adopted this 13th day of December, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No. 8.B. Meeting Date: December 13, 2010 Type of Business: Council Consent Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7705 Reauthorizing Membership in the 4M Fund Attached is resolution 7705 which reauthorizes the City’s membership in the 4M fund. The 4M fund was created by the League of Minnesota Cities to provide a safe, liquid investment option for cities. The 4M fund is the vehicle that allows the City to earn interest on our primary checking account. The reauthorization will allow the City to utilize new fixed income tools that are now provided. The City Council previously authorized membership in the 4M fund in resolution 5170 (attached). Staff is recommending approval of the attached resolution. Respectfully Submitted, Mark Beer RESOLUTION NO. 7705 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota REAUTHORIZING MEMBERSHIP IN THE 4M FUND WHEREAS, Minnesota Statutes (the joint powers act) provides that governmental units may jointly exercise any power common to the contracting parties; and WHEREAS, the Minnesota Municipal Money Market Fund (the 4M Fund) was formed in 1987, pursuant to the Joint Powers Act and in accordance with Minnesota investment Statutes, by the adoption of a joint powers agreement in the form of a Declaration of Trust; and WHEREAS, the Declaration of Trust, which has been presented to this Council, authorizes municipalities of the State of Minnesota to become Participants of the Fund and make use from time to time including the 4M Liquid Asset Fund, the 4M Plus Fund, the Fixed Rate Program, and other Funds services offered by the Fund; and WHEREAS , the Mounds View City Council deems it to be in the best interest for the City to make use of, from time to time, the approved services provided by the 4M Fund’s service providers including the Investment Advisor and Administrator, RBC Global Asset Management, the sub Administrator, PMA Financial Network, Inc. or the Fixed Rate Investment Program Administrators, PMA Financial Network, Inc. and PMA Securities, Inc., and the Custodian, U.S. Bancorp N.A., (“Service Providers”) and/or their successors. WHEREAS, the Mounds View City Council deems it advisable for the City to enter into the Declaration of Trust and renew the City’s Participation in the Fund for the purpose of joint investment with other municipalities so as to enhance the investment earnings accruing to each; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View the following: Section 1. The City of Mounds View shall renew its membership in the Fund and adopt and enter into the Declaration of Trust. The appropriate officials are hereby authorized to execute those documents necessary to effectuate entry into the Declaration of Trust and the participation of all programs. Section 2. This municipality is authorized to invest monies from time to time and to withdraw such monies from time to time in accordance with the provisions of the Declaration of Trust. The following officers of the City or their successors are designated as “ Authorized Officials” with authority to effectuate investments and withdrawals in accordance with the Declaration of Trust: Mark Beer, Finance Director Mary Tatarek, Accountant Jim Ericson, City Administrator Res. 7705 Page 2. Section 3. The Trustees of the Fund are designated as having official custody of those monies invested in accordance with the Declaration of Trust. Section 4. That the City may open depository accounts, enter into wire transfer agreements, safekeeping agreements, third party surety agreements securing deposits, collateral agreements, letters of credit, lockbox agreements, or other applicable or related documents with institutions participating in Fund programs including U.S. Bancorp N.A. or its successor, or programs of PMA Financial Network, Inc. or PMA Securities, Inc. for the purpose of transaction clearing and safekeeping, or the purchase of certificates of deposit (“CDs”) and that these institutions shall be deemed eligible depositories for the municipality. PMA Financial Network, Inc. and PMA Securities, Inc. and their successors are authorized to act on behalf of this City as its agent with respect to such accounts and agreements. Monies of this entity may be deposited in such depositories, from time to time in the discretion of the Authorized Officials, pursuant to the Fund’s Programs available through its Service Providers. Adopted December 13, 2010. ___________________________ Joe Flaherty, Mayor ATTEST: ___________________________ Jim Ericson, City Administrator (SEAL) Item No: 8C Meeting Date: December 13, 2010 Type of Business: Consent Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Steinmetz, Economic Development Specialist Item Title/Subject: Resolution 7714 Approving Direct Mailing of Mounds View Matters Introduction City staff is recommending that the City Council approve the direct mailing of the City’s quarterly newsletter, Mounds View Matters. Background At the December 6th Work Session, the City Council discussed the direct mailing of Mounds View Matters. City staff brought this item to the City Council because the current delivery method through Independent Delivery Service does not allow each non- commercial address in the city to receive the newsletter. Discussion Per Ordinance 800 (Chapter 12 of the City Charter - Section 12.13), the City of Mounds View must publish a newsletter four times a year. Each non-commercial postal delivery address within Mounds View must receive the newsletter. Nystrom Publishing, the printer of Mounds View Matters since 1998, provided the Council with the below quote on December 6th to direct mail the newsletter: Delivery Method: Direct Mail - Postal Customer, ECRWSS # of Addresses: 5,453 (includes some routes in New Brighton) Postage: $0.15 cents per piece ($823.40 per issue) Mailing Service: $150.00 Total Cost to Mail $973.40 The total cost of publishing Mounds View Matters (if direct mailed) is shown below. Item Quarterly Cost Annual Cost Publishing - Writing, Proofreading, Layout $1,000 $4,000 Printing $2,300 $9,200 Delivery $974 $3,896 Totals $4,274 $17,096 12-13-2010 Council Work Session Item 8C – Resolution 7714 Page 2 of 2 Recommendation Staff recommends that the City Council approve Resolution 7714 Approving Direct Mailing of Mounds View Matters. The City Council could implement this new delivery method for the Spring 2011 edition of Mounds View Matters. Respectfully submitted, ____________________________ Heidi Steinmetz, Economic Development Specialist Attachment − Resolution 7714, 1 page RESOLUTION 7714 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING DIRECT MAILING OF MOUND VIEW MATTERS WHEREAS, The City Council approved Ordinance 800 (Chapter 12 of the City Charter - Section 12.13) on January 14, 2008; and WHEREAS, Ordinance 800 states that “A newsletter shall be published by the City at regular intervals at least four (4) times each year. The City of Mounds View may use several delivery methods if necessary to deliver the newsletter to at least each non- commercial postal delivery address within the City of Mounds View”; and WHEREAS, Since 1998, the City of Mounds View’s newsletter delivery method has been provided by Independent Delivery Service; and WHEREAS, Per Federal Law, Independent Delivery Service is not allowed to place the City newsletter in resident or business mailboxes; and WHEREAS, Direct mailing the City newsletter through the United State Postal Service would ensure that each postal address in the City of Mounds View receives a copy of the city newsletter. NOW, THEREFORE, BE IT RESOLVED by the Mounds View City Council, Ramsey County, Minnesota does hereby approve the direct mailing of the City newsletter, Mounds View Matters, starting with the Spring 2011 edition. Adopted this 13th day of December, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 8.D. Meeting Date: December 13, 2010 Type of Business: Council Consent Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7712 Authorizing a Garbage Contract for City Buildings The City contracts for garbage and recycling services for the Community Center, Public Works shop, and City Hall. That contract will expire on January 31, 2011. Staff has solicited quotes from the five garbage haulers that provide service in the City. Veolia Environmental Services is the low quote and will provide service for $92 per month less than we are currently paying. Veolia has worked with the City at the City’s clean-up days and we have been satisfied with their service. Staff is recommending that the Council Authorize the Mayor and City Administrator to sign the 2 year agreement. Respectfully Submitted, ____________________ Mark Beer RESOLUTION NO. 7712 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING A GARBAGE CONTRACT FOR CITY BUILDINGS WHEREAS, the City received quotes for garbage and recycling services from five vendors; and WHEREAS, Veolia Environmental Services submitted the lowest quote; and WHEREAS, the City has received satisfactory service from Veolia Environmental Services during City Clean-up days. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View that the Mayor and City Clerk-Administrator are authorized to sign the two year agreement. Adopted this 13th day of December, 2010. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator SEAL Item No: 08E Meeting Date: December 13, 2010 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, City Administrator Item Title/Subject: Public Hearing: Resolution 7715, a Resolution Approving Revisions to the 2011 Fee Schedule Background On November 22, 2010, the City Council reviewed and approved the proposed 2011 City of Mounds View Fee Schedule. Subsequent to this approval, additional information was received relating to fees at the Community Center which warrants Council consideration. Discussion The City Council approved Resolution 7700 on November 22, 2010 approving the proposed changes to City’s fee schedule. In speaking with the banquet center coordinator and in the course of preparing the approved document for publication, it became apparent that further clarification would be needed. The fee schedule that was reviewed by the Council on Nov 22 included the following fees relating to the banquet center: Overhead Projectors: $10/day TV & VCR: $15/day Microphone $40/day Screen: $35/day LCD Projector & Screen $20/hour $75/day $100/day $25/hour Lobby $130/day Bar $20 Lattice $50 Cooler $50/day Coffee Pot and Carafes $10 Table Linens $3 each Napkins $0.15 each Playland $25/hour, $100/day Clearly, the fees associated with the projector and screen make no sense, yet, that is how they were approved in 2009. The proposed revisions are shown on the following page. 2011 Fee Schedule Revision Dec 13, 2010 Page 2 Overhead Projectors: $10 TV & VCR: $15 Microphone $40 Screen: $50 LCD Projector $50 Lobby $150 Bar $20 Lattice $50 Cooler $50 Coffee Pot and Carafes $10 Table Linens $3 each Napkins $0.15 each Playland $25/hour, $100/day In addition, as a result of having to address a customer’s concern regarding daily user fees at the Community Center, it became apparent that while the daily user fees are listed prominently at the MVCC as well as online, they do not appear to have been “authorized” by the Council via its fee schedule. Thus, the following fees will be added to this same section: Day Use Fees Open Gym Fitness Studio Playland Mounds View Youth $1 (Punch Pass: $17 for 20 punches) Mounds View Adult $2 (Punch Pass: $20 for 13 punches) Non-Resident Youth $3 (Punch Pass: $30 for 12 punches) Non-Resident Adult $5 (Punch Pass: $50 for 12 punches) Mounds View Resident $2 (Punch Pass: $20 for 13 punches) Non-Resident $5 (Punch Pass: $50 for 12 punches) Playland (1-9 years) $1 (Punch Pass: $10 for 13 punches) Recommendation Staff recommends approval of Resolution 7715, approving minor revisions to the 2011 Mounds View Fee Schedule. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 7715 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING REVISIONS TO THE 2011 FEE SCHEDULE WHEREAS, the City Council approved the 2011 Fee Schedule via Resolution 7700 on November 22, 2010; and, WHEREAS, subsequent to the Council’s approval, staff observed that additional minor revisions would be necessary in the section which outlines fees associated with the use of the Mounds View Community Center; and, WHEREAS, in addition, staff feels it would be appropriate to add the “daily use fees” to the adopted 2011 Fee Schedule. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby approve the following revised fees to the 2011 Fee Schedule: • Screen: $50 • LCD Projector $50 • Lobby $150 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Mounds View does hereby approve the incorporation of the daily use community center fees into the 2011 Fee Schedule, as shown on the attached Exhibit A. Adopted this 13th day of December, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Exhibit A Resolution 7715 Day Use Fees Open Gym Fitness Studio Playland Mounds View Youth $1 (Punch Pass: $17 for 20 punches) Mounds View Adult $2 (Punch Pass: $20 for 13 punches) Non-Resident Youth $3 (Punch Pass: $30 for 12 punches) Non-Resident Adult $5 (Punch Pass: $50 for 12 punches) Mounds View Resident $2 (Punch Pass: $20 for 13 punches) Non-Resident $5 (Punch Pass: $50 for 12 punches) Playland (1-9 years) $1 (Punch Pass: $10 for 13 punches) Revisions/Corrections made by Councilmember Mueller, City Administrator Ericson, Public Works Director DeBar and Assistant City Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 November 8, 2010 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:22 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 (arrived at 8:44 p.m.). 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, November 8, 2010, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, November 8, 2010, agenda as 23 modified on November 8, 2010. 24 25 Ayes – 4 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 A. Resolution 7698, a Resolution Canvassing Election Results of the 2010 33 General Election. 34 35 Assistant City Administrator Crane stated that the general election results from November 2, 36 2010 needed to be made official. She explained the recent election voted in Mayor Flaherty (2 37 year term), Carol Mueller (4 year term), and Al Hull (4 year term). Special thanks went out to all 38 election judges for the great success of this election. Staff recommended approval of the 39 resolution which would canvass the election results. 40 41 Mayor Flaherty thanked staff for another successful election. He then thanked the residents for 42 voting and trusting in him to serve as the Mayor of the City of Mounds View. 43 44 Mounds View City Council November 8, 2010 Regular Meeting Page 2 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7698, a 1 Resolution Canvassing Election Results of the 2010 General Election. 2 3 Ayes – 4 Nays – 0 Motion carried. 4 5 B. Northwest Youth & Family Services Presentation, Jerry Hromotka 6 7 Jerry Hromotka, President of Northwest Youth & Family Services, introduced himself to the 8 Council and gave a presentation of activities taking place at this time. He noted services are 9 provided on a sliding pay scale. The demand for Mental health services has increased over the 10 past year given the current financial crisis and economic troubles. Mr. Hromotka reviewed the 11 number of users stating over 100 seniors had their yards raked this year. 12 13 Mr. Hromotka noted the Discovery Center has been a great benefit to the community this year. 14 This center has provided enhanced programming while providing a great deal of flexibility for 15 the residents being served. He reviewed the benefits of a basketball league along with the 16 increasing use of technology. The skills these children are taking from the programs will assist 17 them in school, the workplace and on into the future. As a non-profit, the focus has been to 18 increase profits and efficiencies to keep the programs going. The motto of the organization has 19 now become, we can’t afford to lose any kids. 20 21 Mayor Flaherty thanked Mr. Hromotka for his presentation this evening and stated an investment 22 in our children is an investment in our future. In addition, an investment in our elderly is an 23 investment in our history. Mr. Hromotka further reviewed the senior and youth programs 24 provided by Northwest Youth & Family Services. He encouraged anyone interested in 25 volunteering to call his office. 26 27 7. COUNCIL BUSINESS 28 A. Resolution 7697, Authorizing Retroactive Health Insurance Adjustments to 29 Public Works Bargaining Group and Non-Union Employees. 30 31 City Administrator Ericson stated that the City Council on October 25, 2010 approved 32 resolutions which approved, in part, additional health insurance contributions to employees in the 33 LELS 204 and LELS 232 bargaining groups (police officers and sergeants). The contributions 34 were made retroactive to January 1, 2010. In an effort to treat all employees fairly and equitably, 35 the City Council desires to provide the same level of additional health insurance contributions for 36 non-union employees and members of the public works bargaining group, which had previously 37 signed a labor agreement through 2011. The amount of additional contribution would be $25.13 38 per month, per employee, increasing the total contribution to $867.33 per month, per employee. 39 40 Staff recommends the Council approve Resolution 7697 which approves additional health 41 insurance contributions for non-union employees and members of the public works bargaining 42 group. The increase to $867.33 would be retroactive to January 1, 2010. 43 44 Council Member Mueller thanked staff for working so diligently with the union through this 45 Mounds View City Council November 8, 2010 Regular Meeting Page 3 whole negotiation process. 1 2 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7697, 3 Authorizing Retroactive Health Insurance Adjustments to Public Works Bargaining Group and 4 Non-Union Employees. 5 6 Ayes – 4 Nays – 0 Motion carried. 7 8 B. Resolution 7689, Approving Lease and Access Agreement with Dell-Comm. 9 10 City Administrator Ericson stated the City owns a land-locked parcel adjacent to the south 11 boundary of the Townsedge Terrace manufactured home park, accessible from Mustang Circle 12 via property owned by Dell-Comm at 4860 Mustang Circle. The parcel had been the site of the 13 original municipal water tower and presently is improved with one of the city’s civil defense 14 siren. 15 16 City Administrator Ericson indicated in 1994, the City Council approved a resolution authorizing 17 a development agreement regarding a building expansion with Wolf & Associates, the property 18 owner at the time of the adjacent property south of the manufactured home park. The resolution 19 was conditioned on three points, one of which that Wolf & Associates enter into a lease 20 agreement for the use of the former water tower site. While Wolf & Associates ultimately opted 21 against moving forward with their expansion, they did begin to use the City’s parcel, however no 22 lease was executed. At some point subsequent to 1994, Wolf & Associates sold to Dell-Comm, 23 who continues to use the City’s parcel, believing that Wolf had secured the requisite approvals. It 24 was not until earlier this year that the City ascertained that no lease had ever been approved for 25 the private usage of the public property. 26 27 Staff recommends the Council consider approval of a resolution authorizing a lease and access 28 license agreements between Dell-Comm and the City of Mounds View. The lease and license 29 agreements have been reviewed by Kennedy & Graven. 30 31 Council Member Hull questioned where the revenues from this parcel would be placed. City 32 Administrator Ericson stated this was a Council decision but he would recommend the general 33 fund. 34 35 Council Member Stigney asked what the parcel was currently being used for. City Administrator 36 Ericson indicated the site was used for parking and exterior storage. 37 38 Mayor Flaherty questioned if the parcel had any hazardous materials being stored on the parcel. 39 City Administrator Ericson noted he was not aware of any hazardous storage. 40 41 Council Member Stigney felt the lease rate was too low and asked about the size of the parcel. 42 City Administrator Ericson stated the parcel was approximately 16,000 square feet. City 43 Administrator Ericson remarked that the parcel had very limited appeal and the lease rate was the 44 best the City could get, at this time. 45 Mounds View City Council November 8, 2010 Regular Meeting Page 4 1 Council Member Stigney expressed concern about the one year automatic renewal on the lease. 2 He suggested the lease be reapproved on annual basis. City Administrator Ericson stated the lot 3 could be reclaimed if deemed necessary by the City with a 90 day notice. 4 5 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7689, 6 Approving Lease and Access Agreement with Dell-Comm located at 4860 Mustang Circle. 7 8 9 Ayes – 4 Nays – 0 Motion carried. 10 11 C. Resolution 7699, A Resolution Approving the 2010-11 AFSCME Union 12 Contract. 13 14 City Administrator Ericson indicated that he had Assistant Administrator Crane attended a 15 mediation session earlier in the day with AFSCME representatives in an effort to resolve 16 outstanding issues. Based on direction of the last executive sessions of the Council, terms were 17 presented and agreed to by both partners the proposed terms of the two-year contract include a 18 retroactive increase to the health care contribution back to January 1, 2010 of a monthly rate of 19 $867.33 the contract duration would be two years, there would be no cost of living wage increase 20 and no increase in uniform reimbursements. The maximum comp time balance was increased to 21 60 hours, and language regarding floating holidays was agreed upon to address what happens 22 when official holidays fall on a weekend. 23 24 Staff recommends approval of a resolution approving the 2010-2011 AFSCME union contract 25 for a term or two years. 26 27 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7699, a 28 Resolution Approving the 2010-11 AFSCME Union Contract. 29 30 Ayes – 4 Nays – 0 Motion carried. 31 32 8. CONSENT AGENDA 33 34 A. Licenses for Approval. 35 B. Resolution, 7696, Approving the Mounds View Housing Action Plan. 36 37 MOTION/SECOND: Hull/Stigney. To Approve the Consent Agenda as presented. 38 39 Council Member Mueller thanked Community Development Director Roberts for his report on 40 the Mounds View Housing Action plan. 41 42 Ayes – 4 Nays – 0 Motion carried. 43 44 9. JUST AND CORRECT CLAIMS 45 Mounds View City Council November 8, 2010 Regular Meeting Page 5 1 City Administrator Ericson answered the Council's questions related to claims. 2 3 MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as presented. 4 5 Ayes – 4 Nays – 0 Motion carried. 6 7 10. APPROVAL OF MINUTES 8 A. October 25, 2010, City Council Meeting Minutes. 9 10 Council Member Mueller requested a correction on Page 2, Line 38, the Resolution number 11 should be 7690. 12 13 MOTION/SECOND: Mueller/Hull. To Approve the October 25, 2010, City Council meeting 14 minutes as corrected. 15 16 Ayes – 4 Nays – 0 Motion carried. 17 18 B. October 25, 2010, Executive Session Minutes. 19 20 MOTION/SECOND: Mueller/Hull. To Approve the October 25, 2010, Executive Session 21 meeting minutes as presented. 22 23 Ayes – 4 Nays – 0 Motion carried. 24 25 C. October 11, 2010, City Council Meeting Minutes. 26 27 Council Member Mueller requested a correction on Page 2, Line 29, the City Administrator’s 28 name should be Ericson. 29 30 MOTION/SECOND: Mueller/Hull. To Approve the October 11, 2010, City Council meeting 31 minutes as corrected. 32 33 Ayes – 4 Nays – 0 Motion carried. 34 35 11. REPORTS 36 A. Reports of Mayor and Council. 37 38 Council Member Hull noted on the campaign trail this fall, there were many newspapers 39 cluttered near mailboxes and requested the local newspaper companies be contacted to ensure 40 that mailboxes had a blue paper slot. 41 42 Mayor Flaherty suggested the residents, in the street project areas be informed to keep their 43 newspaper slot which can then be attached onto their new mailbox post. 44 45 Mounds View City Council November 8, 2010 Regular Meeting Page 6 City Administrator Ericson indicated the lack of these slots has obstructed the delivery of 1 Mounds View Matters. He understood this to be a concern and would look into the matter 2 further. 3 4 Mayor Flaherty encouraged all residents in the street project areas to be respectful of their 5 property and that of their neighbors and to please pick up their newspapers. 6 7 Council Member Mueller informed the Council of further information on the Beyond the Yellow 8 Ribbon initiative. She thanked Council Member Gunn for her efforts. 9 10 Council Member Mueller stated the Irondale Drama Club put on Beauty and the Beast last week 11 which was a delightful production and privilege to attend. 12 13 B. Reports of Staff. 14 15 1. Public Works Quarterly Report (2nd and 3rd Quarter) 16 17 Public Works Director DeBar reviewed the activities of the public works department for both the 18 2nd and 3rd quarter. He noted eight seasonal employees were brought on in 2nd quarter along with 19 an engineering intern. Area A was wrapped up this summer and Area B and C continues. The 20 contractor chosen for this year worked very well with the City, with few sub-contractors. This 21 reduced the level of confusion to the residents. 22 23 Public Works Director DeBar indicated Area D plans were being designed and the work would 24 begin next spring. He stated Well #1 and #2 were rehabilitated and the electrical modifications 25 for well #2 would come before the Council in the coming weeks. Improvements were made to 26 Greenfield Park, with memorial funds, which were not anticipated, but greatly enhances the 27 park. 28 29 Public Works Director DeBar explained the water usage for the year was down, which was due 30 in part to the large amount of rain the City received this summer. He indicated lines were 31 televised in conjunction with the street improvements this summer. It was noted 130 acres of 32 park land was mowed on a weekly basis along with maintenance of the athletic facilities. 33 34 Public Works Director DeBar noted some roof assessments were completed and the Council 35 approved a roof management plan. A great deal of tree preservation and removal was discussed 36 this quarter given the Emerald Ash Borer threat. He indicated that the City wants to maintain the 37 nice Ash trees to protect them from the Emerald Ash Borer. 38 39 Mayor Flaherty thanked Public Works Director DeBar for assisting the City with engineering 40 reports and reducing the expense and need for additional consultants. 41 42 Councilmember Gunn arrived at 8:44 p.m. 43 44 Mounds View City Council November 8, 2010 Regular Meeting Page 7 Council Member Mueller asked if the school district reimburses the City for painting of the track 1 at Pinewood and Sunnyside Schools. Public Works Director DeBar noted the school district 2 does reimburse the City. He further reviewed the finances with the Council. 3 4 Mayor Flaherty thanked Public Works Director DeBar for his detailed report. 5 6 2. Police Department Quarterly Report 7 8 Police Chief Kinney reviewed his quarterly report with the Council. He noted the calls for 9 service this quarter were in comparable to last year. The department did have some personnel 10 movement in the third quarter. Sergeant Mike Kampa retired after 31 years of service in law 11 enforcement. He will be greatly missed by the department. Also, the department lost the public 12 services officer to another community. The City has since replaced this opening. 13 14 Police Chief Kinney thanked the Council for appointing him as the police chief for the City. He 15 indicated a gun safety course sponsored by the DNR was put on by several officers in the 16 department. This was a hunter’s safety course focusing on firearms safety, first aid and hunter 17 responsibility. The course instructed 10 youth in the community. 18 19 Police Chief Kinney noted a level-three predatory offender meeting was very well attended by 20 the public in quarter three. National Night Out was very successful in August with 27 parties 21 registered in the City. The Festival in the Park was also a great success without any disturbance 22 issues. 23 24 Police Chief Kinney indicated he was attending training to become certified as an emergency 25 situation manager in the State of Minnesota. He noted the school resource officer attended a 26 week long crisis intervention course focused on mentally ill adolescents. This was a growing 27 concern on how to handle those who are unstable. He reviewed the finances of the department 28 through the first three quarters noting expenses were slightly under budget to date. 29 30 Mayor Flaherty thanked Police Chief Kinney for his diligence in providing excellent services to 31 the City of Mounds View. 32 33 Council Member Mueller thanked the department for their outstanding service to the community. 34 She applauded the department for how they handled notification to the residents regarding the 35 level three predatory offender. 36 37 3. Other Reports 38 39 City Administrator Ericson reviewed several items with the Council in detail. He noted that all 40 the power outages from the “land hurricane” has been restored. He indicated staff has spoken 41 with Xcel Energy about the homes in this area and asked Xcel to investigate and follow up. 42 43 Mounds View City Council November 8, 2010 Regular Meeting Page 8 City Administrator Ericson stated the City was receiving complaints about the delivery of 1 Mounds View Matters and other local newspapers. Staff was looking into this issue further and 2 would bring information back to the Council at a future meeting. 3 4 City Administrator Ericson indicated historically the Council cancels the second meeting in 5 December, which is scheduled for December 27th. He requested the Council consider this issue 6 further and provide staff with feedback. The Council was in favor of cancelling this meeting. 7 8 City Administrator Ericson noted he spoke with Steve Dazenski, Public works Foreman, with the 9 Lion’s earlier today, who received new Lions’ Club signs. He noted the Lioness’s Club within 10 the City has disbanded and their placard would be removed from the County Road 10 boulevard. 11 He questioned if the Council wanted the other Lion’s signs to remain. 12 13 Council Member Gunn was in favor of the local organization signs to remain near the City 14 monument signs. 15 16 Council Member Mueller agreed stating this provided great community information to those 17 looking at the City. 18 19 Mayor Flaherty was in favor of the Lion’s signs remaining near the monument signs as well. 20 21 Council Member Gunn provided the Council with an update on her Beyond the Yellow Ribbon 22 meeting. She indicated a great deal of resources are rallying behind this initiative which was 23 extremely exciting to be a part of. 24 25 Mayor Flaherty thanked Council Member Gunn for pursuing this initiative as it would greatly 26 benefit the veterans in Mounds View and their families. 27 28 Public Works Director DeBar noted the Public Works Facility would be taking used oil through 29 the end of the year. 30 31 C. Reports of City Attorney. 32 33 City Attorney Riggs had no report. 34 35 12. Next Council Work Session: Monday, December 6, 2010, at 7:00 p.m. 36 Next Council Meeting: Monday, November 22, 2010, at 7:00 p.m. 37 Mounds View City Council November 8, 2010 Regular Meeting Page 9 1 13. ADJOURNMENT 2 3 The meeting was adjourned at 9:18 p.m. 4 5 Transcribed by: 6 7 Carla Wirth 8 TimeSaver Off Site Secretarial, Inc. 9 Corrections made by Councilmember Mueller, Councilmember Gunn, 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 November 22, 2010 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:17 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, November 22, 2010, City Council Agenda. 21 22 MOTION/SECOND: Gunn/Hull. To Approve the Monday, November 22, 2010, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 33 None. 34 35 7. COUNCIL BUSINESS 36 A. 7:05 p.m. Public Hearing. Resolution 7700, Approving the 2011 Fee 37 Schedule. 38 39 City Administrator Ericson reviewed the 2011 fee schedule with the Council. He indicated 40 revisions had been made to the schedule after discussing this item in detail at the November work 41 session meeting. Staff recommends approval of the document. 42 43 Mayor Flaherty opened the public hearing at 7:20 p.m. 44 45 Mounds View City Council November 22, 2010 Regular Meeting Page 2 Hearing no public input, Mayor Flaherty closed the public hearing at 7:20 p.m. 1 2 Council Member Mueller asked for further information on operational fire permits. Community 3 Development Director Roberts explained these permits allowed for the operation of a fire alarm 4 system. 5 6 Council Member Mueller questioned if the residential fire suppression system inspection fee was 7 going to be waived. City Administrator Ericson stated this was discussed and he would review 8 the matter further. 9 10 Council Member Mueller asked if the variance fees were set to cover staff and attorney expenses. 11 City Administrator Ericson stated staff expenses were covered. Anything over and above, 12 whether engineering or attorney fees would be paid separately. He indicated not all variance 13 requests are brought to the attorney for review. 14 15 Council Member Mueller requested that language be added to the document to explain that 16 additional engineering and attorneys fees would be at the applicant’s expense. City 17 Administrator Ericson reviewed a disclaimer that covered this information adding that this same 18 language was included in the variance permit paperwork. 19 20 Council Member Mueller explained the Council had discussed change to the tobacco offense 21 fines. City Administrator Ericson indicated he would make the recommended changes. 22 23 Council Member Mueller requested additional information on the Water Tower Communication 24 Fees. Public Works Director DeBar indicated one was a water tower access fee, and the other 25 was for an annual registration of vendors. 26 27 Mayor Flaherty asked if the sales to minor’s fees, on Page 15, were going to be increased. City 28 Administrator Ericson indicated the City fees were on top of the State fines and was a 29 misdemeanor. He explained the Council did discuss this issue in detail but no decision was 30 made. City Attorney Riggs indicated a fine of over $1,000 would make the offense a gross 31 misdemeanor. 32 33 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7700, 34 Approving the 2011 Fee Schedule. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 B. Introduction and First Reading of Ordinance 855, an Ordinance Amending 39 Appendix E of the Municipal Code about Planning Development Fees. 40 41 Community Development Director Roberts reviewed an Ordinance amending Appendix E of the 42 Municipal Code regarding Planning and Development Fees. He indicated State Statute requires 43 that these fees be amended through an Ordinance amendment. Staff recommends approval of the 44 first reading of Ordinance 855. 45 Mounds View City Council November 22, 2010 Regular Meeting Page 3 1 Council Member Mueller questioned if the fees covered staff time to complete necessary 2 administrative tasks. Community Development Director Roberts stated this was the case, with 3 additional engineering and attorneys fees paid for by the applicant. 4 5 MOTION/SECOND: Mueller/Stigney. To Waive the First Reading and Introduce Ordinance 6 855, an Ordinance Amending Appendix E of the Municipal Code about Planning Development 7 Fees. 8 9 Ayes – 5 Nays – 0 Motion carried. 10 11 C. Resolution 7701, Approving the Mounds View Data Practices Policy and 12 Procedures. 13 14 City Administrator Ericson explained this item was back before the Council for approval after 15 being discussed by Council at the November work session. He indicated the data practices policy 16 provided detail as to how public and private data should be handled by the City. After numerous 17 legislative changes, the City’s policy needed revisions. 18 19 City Attorney Riggs indicated the intent of the document was to clarify how public data would 20 be handled by the City and to present it in a more user friendly manner. He explained the State 21 had guiding policies as well. The document before the Council this evening was being used by 22 other communities and he recommended the Council proceed with approval. 23 24 Mayor Flaherty stated the policy refers greatly to Minnesota State Statute and asked if this was 25 cause for concern. City Attorney Riggs indicated the City’s policy was much more user friendly 26 than State Statute and provided the necessary information to the public on how data practices 27 would be handled in an efficient manner by Cit y staff. 28 29 Council Member Mueller questioned if there was a statute of limitations with data practices. 30 City Attorney Riggs explained this was referenced on Page 12. However, the Records Retention 31 Schedule would address this in further detail. This document would dovetail into the data 32 practices policy and procedures. 33 34 Council Member Stigney asked where emails are discussed. City Attorney Riggs indicated daily 35 emails discussing information regarding public meetings or agendas are public information. He 36 stated unless strictly specified, emails are public information. There was nothing written 37 expressly into the policy, but private data policies would be applied if the issue came into 38 attorney/client privileges. City Administrator Ericson reviewed the item further with the 39 Council. 40 41 Council Member Mueller questioned if the past bids for the street improvement projects were 42 public information. City Attorney Riggs explained this was public information. 43 44 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7701, 45 Mounds View City Council November 22, 2010 Regular Meeting Page 4 Approving the Mounds View Data Practices Policy and Procedures. 1 2 Ayes – 5 Nays – 0 Motion carried. 3 4 D. Resolution 7702, Denying SIP Appeals and Approving the Proposed 5 Locations of Stormwater Infiltration Basins in Area D of the Street and 6 Utility Improvement Program. 7 8 Public Works Director DeBar stated the Stormwater Infiltration Program (SIP) was the City’s 9 approach to manage the State’s current rules and regulations. He indicated the City has 10 established a process to allow homeowners to appeal infiltration basins. Physical hardship 11 parameters were established and must be defined by the applicant in order for the appeal to be 12 considered. An appeal period began October 7th and ran through November 5th. After that time, 13 staff reviewed the appeals and the Street Committee made recommendations about each of them. 14 15 Public Works Director DeBar explained the City had to meet certain requirements with these 16 basins and Area D has 52 proposed infiltration basins. The City received two appeals. The first 17 appeal was submitted by Randal Hanson at 5486 Ericson Road. Staff reviewed the location of the 18 basin with Council, stating Mr. Hanson was opposed to the basin and suggested it be located 19 north of his property. The Streets Committee, along with staff recommends, denial of this 20 appeal. 21 22 Council Member Stigney questioned if there was engineering analysis that stated the basin had to 23 be located in this yard. Public Works Director DeBar stated Bonestroo would look into the 24 feasibility of relocating the basin to the neighbor’s yard. Staff explained the basins had to be 25 spaced out evenly throughout the roadways to capture the water runoff. 26 27 Mayor Flaherty asked if staff had spoken to the applicant or neighboring property owner. Jim 28 Battin, Street and Utility Chairman, encouraged any homeowner with a concern to contact City 29 staff regarding infiltration basins. 30 31 Council Member Mueller stated the proposed location did stagger the locations evenly 32 throughout the roadway. She questioned what additional fees would be associated with adding or 33 splitting this basin with the neighboring property. Public Works Director DeBar did not feel the 34 additional excavation would increase the expenses greatly. 35 36 Council Member Mueller clarified that appeals had to be submitted under specific parameters 37 and the report submitted states that the homeowner merely, “does not wish to have one.” She 38 indicated this was a preference and not substantial criteria to submit an appeal. 39 40 Mayor Flaherty indicated a number of issues regarding infiltration basins have centered on 41 excessively steep slopes. He stated the change in elevation in the right-of-way was a concern for 42 the property owners. Public Works Director DeBar indicated he was confident that the proposed 43 location would work well for an infiltration basin. 44 45 Mounds View City Council November 22, 2010 Regular Meeting Page 5 Mayor Flaherty stated the applicant has not shown any hardship, but suggested he speak further 1 with his neighbor to see if they were willing to assume half of the infiltration basin. Public 2 Works Director DeBar did not oppose this suggestion but stated time is of the essence as plans 3 were being drafted by Bonestroo. City Administrator Ericson suggested that staff hold off 4 contacting the neighbor until the feasibility of this option is determined. 5 6 Public Works Director DeBar stated the second appeal was submitted by the owner of Sands 7 Apartments at 5440 Jackson Drive. Two infiltration basins were planned for this parcel and the 8 applicant expressed concern with the area becoming a stormwater “hot spot” as the area has 9 flooded in the past. Staff explained this was not a valid claim. 10 11 Public Works Director DeBar indicated the second claim was that the basins were not properly 12 spaced. However, the infiltration basins were spread properly along the roadway and sized by 13 the consultants based on specific regulations. He ensured that the slope would be proper while 14 maintaining a natural look in the right-of-way. 15 16 Mayor Flaherty questioned if the slope in this area would be a concern. Public Works Director 17 DeBar indicated the basin would have to be properly sloped or built up on the back slope to 18 assure there was no ponding of water runoff. This would direct the water back into the street and 19 away from the property. 20 21 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7702, 22 Denying SIP Appeals and Approving the Proposed Locations of Stormwater Infiltration Basins in 23 Area D of the Street and Utility Improvement Program. 24 25 Mayor Flaherty thanked the Streets and Utility Committee for diligently discussing these issues 26 and for their recommendations to Council. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 E. Resolution 7703, Approving Service Agreements with Trane US, Inc. and 31 Architect Mechanical, Inc. for HVAC System Maintenance of City Facilities. 32 33 Public Works Director DeBar explained the City owns 13 buildings that have an HVAC unit. 34 Seven of these buildings have simple units; three buildings had more sophisticated units. The 35 remaining three buildings are buildings with multiple units. He indicated the maintenance 36 contract with Trane has expired. He reviewed that proper maintenance of these systems could 37 reduce the City’s expenses in the long term. The maintenance agreement would provide 38 quarterly inspections of each unit. 39 40 Public Works Director DeBar reviewed three quotes received for HVAC system maintenance 41 throughout the City. The City has been pleased with Trane’s performance in the past and 42 recommended the Council approve a service agreement with Trane and Architect Mechanical for 43 the HVAC system maintenance of City facilities. If approved, the contractors would visit the 44 City in December to prepare the units for winter. 45 Mounds View City Council November 22, 2010 Regular Meeting Page 6 1 Council Member Mueller indicated monies were available in the 2010 budget but questioned if 2 this was the case for 2011. Public Works Director DeBar stated the same amount funds were 3 budgeted in 2011 to cover the expense of this maintenance contract. 4 5 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7703, 6 Approving Service Agreements with Trane US, Inc. and Architect Mechanical, Inc. for HVAC 7 System Maintenance of City Facilities. 8 9 Ayes – 5 Nays – 0 Motion carried. 10 11 8. CONSENT AGENDA 12 13 Council Member Gunn asked to remove Item B. 14 15 A. Licenses for Approval. 16 B. Resolution 7704, Approving the Secretary Agreement with TimeSavers for 17 2011. 18 C. Schedule a Public Hearing for Monday, December 13, 2010, at 7:10 p.m. for 19 the Second Reading and Adoption of Ordinance 855, Amending Appendix E 20 of the Municipal Code about Planning and Development Fees. 21 22 MOTION/SECOND: Mueller/Stigney. To Approve the Consent Agenda Items A and C. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 B. Resolution 7704, Approving the Secretary Agreement with TimeSavers for 27 2011. 28 29 Council Member Gunn indicated TimeSavers’ rates were not increasing in 2011, which she 30 appreciated greatly considering how tight the 2011 budget would be. 31 32 Council Member Mueller thanked TimeSavers for the great work completed on behalf of the 33 City. 34 35 Mayor Flaherty agreed thanking Carla Wirth, the President of TimeSavers, for holding the rates 36 for 2011. 37 38 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7704, 39 Approving the Secretary Agreement with TimeSavers for 2011. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 9. JUST AND CORRECT CLAIMS 44 45 Mounds View City Council November 22, 2010 Regular Meeting Page 7 Finance Director Beer answered the Council's questions related to claims. 1 2 MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as presented. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 10. APPROVAL OF MINUTES 7 8 None. 9 10 11. REPORTS 11 A. Reports of Mayor and Council. 12 13 Mayor Flaherty stated the proposed property taxes statements for 2011 have been sent out by 14 Ramsey County. He reported his Ramsey County and school district taxes were increased but the 15 City of Mounds View taxes went down. He indicated this may not be the case for all, but he was 16 encouraged by the decrease. 17 18 Council Member Mueller mentioned that Susan Gaertner, Ramsey County Attorney, was being 19 recognized for 16 years in leadership on December 7, 2010, at the Landmark Center in St. Paul. 20 21 Mayor Flaherty encouraged all to read the recent Mounds View Matters that contained a great 22 deal of information on upcoming holiday events. 23 24 Council Member Mueller indicated Santa would be coming through the neighborhoods via fire 25 truck December 6th through December 9th. She encouraged all to welcome him and present the 26 firemen with a donation to the local food shelf. 27 28 B. Reports of Staff. 29 1. Community Development Department Third Quarter Report 30 31 Community Development Director Roberts reviewed his third quarter department report with the 32 Council. Highlights included his department staying on budget through September, along with 33 Select Senior Living signing a purchase agreement. Work may begin on this project in January. 34 He reviewed that all code enforcement cases were closed this quarter with the exception of six. 35 He indicated the majority of the issues addressed in the third quarter were leaf and grass 36 concerns. 37 38 Community Development Director Roberts thanked the Council for approving the loan program 39 guidelines as this has been a focus for his staff in recent months. He shared his appreciation for 40 all in his department, each for their contributions to the City. 41 42 Mayor Flaherty thanked the Community Development Department for working so strongly on 43 behalf of the City even while in an economic downturn, indicating that now was the time to 44 prepare for upcoming opportunities. 45 Mounds View City Council November 22, 2010 Regular Meeting Page 8 1 Council Member Mueller questioned if the Saturn car lot was being renamed. Community 2 Development Director Roberts indicated the name has officially changed to Motortrend but the 3 name on the building was Motorworks of Mounds View. 4 5 2. Presentation of LMC Certificates of Completion 6 7 City Administrator Ericson presented staff members Planning Associate Heller, Community 8 Development Director Roberts, Council Member Mueller, and Mayor Flaherty with certificates 9 for completing LMC training. The City was now qualified for an incentive discount. It was 10 noted Council Member Gunn would be completing the training as well. 11 12 Mayor Flaherty encouraged all to complete the 45 minute course as it was informal and provided 13 great information on land use. 14 15 3. City Administrator Report 16 17 City Administrator Ericson presented the Council with a two page report. He indicated the Cable 18 Committee met last week and CTV was looking for new space. The 2011 budget was discussed 19 and further information would be presented to the Council at a future meeting. He indicated he 20 attended a League of Minnesota Cities meeting last week where the main focus was the 2011 21 budget and how the current deficits would be handled. 22 23 City Administrator Ericson explained a negotiations session was scheduled for December 1st with 24 the LELS 232. He reviewed the items on the December work session agenda in detail. 25 26 Council Member Stigney requested an item be added to the agenda to discuss the 2011 budget. 27 28 City Administrator Ericson indicated he attended a meeting with County representatives where 29 Beyond the Yellow Ribbon was further discussed. He thanked Council Member Gunn for 30 spearheading this initiative in the City of Mounds View. 31 32 Council Member Mueller thanked Council Member Gunn for taking on this responsibility as it 33 would greatly serve veterans in this community. 34 35 City Administrator Ericson explained Pat Riersma had resigned his position with the YMCA. 36 The position has since been posted and he would be assisting with the hiring process. 37 38 Finance Director Beer advised that the City of Mounds View would be receiving a Certificate of 39 Achievement from the MnGFOA for the 2009 Comprehensive Annual Financial Report. The 40 Council congratulated staff on this commendation. 41 42 City Administrator Ericson noted City Hall would be closed on Thursday and Friday in 43 observance of the Thanksgiving holiday. 44 45 Mounds View City Council November 22, 2010 Regular Meeting Page 9 4. REMINDER: The December 27, 2010 City Council meeting has been 1 cancelled. 2 3 City Administrator Ericson reminded the Council that the December 27, 2010, regular City 4 Council meeting has been cancelled. 5 6 C. Reports of City Attorney. 7 8 City Attorney Riggs had no report. 9 10 12. Truth in Taxation Meeting: Monday, December 6, 2010 at 6:00 p.m. 11 Next Council Work Session: Monday, December 6, 2010, at 7:00 p.m. 12 Next Council Meeting: Monday, December 13, 2010, at 7:00 p.m. 13 14 13. ADJOURNMENT 15 16 The meeting was adjourned at 9:20 p.m. 17 18 Transcribed by: 19 20 Heidi Guenther 21 TimeSaver Off Site Secretarial, Inc. 22