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HomeMy WebLinkAboutAgenda Packets - 2007/12/10 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, December 10, 2007 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 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 and sign in on the sign-in sheet located on the podium. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing 1. Resolution 7191 Adopting the 2008 Property Tax Levy 2. Resolution 7192 Adopting the 2008 Budgets for All Funds B. 7:10pm Public Hearing to consider the Second Reading and Adoption of Ordinance 800, Revising Section 12.13 of the Mounds View City Charter Pertaining to Miscellaneous and Transitory Provisions Associated with the Frequency of the Preparation of the City Newsletter C. Second Reading and Adoption of Ordinance 785, a Tree Preservation & Landscaping Ordinance. D. Resolution 7198, Approving Selection of the Official City Newspaper, Acting Mayor, Treasurer and Official Depositories for 2008 E. Resolution 7194, Approving the TimeSaver Contract for Recording Secretarial Services. F. Resolution 7196, Appointing Members to the Various Mounds View Commissions and Committees. G. Resolution 7197 Step Increase for Officer Jeremy Hellpap. H. Resolution 7195 Reclassifying the Assistant to the City Clerk/Administrator Position to Assistant City Clerk/Administrator Position. I. Introduction and First Reading of Ordinance 801 Amending Title 1000, Chapter 1008 of the Mounds View City Code Regarding Requirements for Signs And Billboards 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7184 Approving Consultant Services Agreement with the Greater Metropolitan Housing Corporation for Housing Resource Center Services. C. Resolution 7193, Setting the 2008 City Council Meeting Dates. City Council Agenda Monday, December 10, 2007 Page 2 D. Resolution 7090 Approving a Service Contract for the City Hall Elevator. E. Resolution 7200, Approving Therapeutic Massage License Renewals. F. Resolution 7199 Well No. 6 Rehabilitation Project – Order Project, Approve Plans and Specifications, and Set Bid Date G. Schedule a Public Hearing for Monday, January 14, 2008, at 7:05 pm to Consider a Conditional Use Permit request by T-Mobile for a 128 foot Wireless Communications Monopole located at Sysco, 2400 County Rd J. H. Schedule a Public Hearing for Monday, January 14, 2008 at 7:10 pm to Consider a Development Review for a Building Expansion at Midwest Motor Express, 2169 Mustang Drive. I. Schedule a Public Hearing for Monday, January 14, 2008 at 7:15pm to Consider a Conditional Use Permit to Allow for the Storage of Flammable Liquid at Tyson Company, 4815 Mustang Circle 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. November 13, 2007, City Council Minutes. B. November 26, 2007, Executive Session Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, January 7, 2008 @ 7:00 pm Next Council Meeting: Monday, January 14, 2008 @ 7:00 pm Item No: 7D Meeting Date: January 14, 2008 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Assistant City Administrator Item Title/Subject: Continued Public Hearing on Second Reading of Ordinance 800, an Ordinance Approving an Amendment to Chapter 12, Section 12.13 of the City Charter Attached is Ordinance 800, an Ordinance Amending Chapter 12, Section 12.13 of the Mounds View City Charter. A first reading was done with the City Council on November 13, 2007, and minor changes were made. A Second Reading was done on December 10, 2007, and the City Council decided to postpone adoption of the ordinance to give the Charter Commission time to draft new language to further clarify delivery methods of the city’s newsletter. The intent of the Charter Commission with this amendment is to decrease the number of editions to the Mounds View Matters Newsletter from 6 to 4 editions a year. Most cities have seasonal newsletters to include Shoreview and Maplewood (both of those cities have Community Centers). The decrease in the number of editions published will save the City money. The City could use the excess funds saved from printing to expand the delivery area of the newsletter. Currently, the Mounds View newsletter is not delivered to apartment complexes, Mounds View area businesses, and most mobile home parks. The City currently uses Independent Delivery Service (IDS), which charges the approximately $375.00 bi-monthly. Depending on the length of the newsletter, printing costs range from $2,200 to $2,400 bi-monthly. Staff will start the quarterly newsletter with the Spring edition. Staff is working with Mailing Solutions, a company that the City currently uses for utility bill delivery, to assist in sorting and delivery of the newsletter. This company will sort and deliver the newsletter by Presorted Standard Mail to the U.S. Postal Service. (Please refer to the attached email for quote details.) Staff is currently working on a database of all Mounds View residential addresses to include mobile home parks, apartment complexes, townhomes, and Mounds View businesses. Mailing Solutions needs this list in order to give the City a more accurate quote on newsletter delivery. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. Recommendation: Staff recommends the City Council open the public hearing for public comment and adopt Ordinance 800. Respectfully submitted, Desaree Crane ORDINANCE NO. 800 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY AMENDING SECTION 12.13 OF THE CITY CHARTER THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Section 12.13, of the City Charter be amended by the addition of the bold and underlined language and by the deletion of the bold and stricken language as follows: CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.13. A newsletter shall be published by the City at regular intervals at least six (6) four (4) times each year. The postal roll for the City shall be used for the distribution. 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 unless the resident has requested not to receive the city newsletter. If practicable, a copy of the newsletter shall be posted on the city website. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the City Council of the City of Mounds View on this 13th day of November, 2007. Read and passed by the City Council of the City of Mounds View on this 14th day of January, 2008. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Jim Ericson, Interim City Clerk-Administrator (SEAL) Item No: 7C Meeting Date: December 10, 2007 Type of Business: Council Business City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Second Reading and Adoption of Ordinance 785, a Tree Preservation & Landscaping Ordinance. At the October 1st Worksession, an updated draft of the tree preservation and landscaping ordinance was reviewed. The direction of the Council at the meeting was support of the ordinance with the exemption of R-1 and R-2 zoned properties from the tree removal restrictions, along with these other changes: • Deletion of the section for tree removal on lots WITHOUT construction, • Exempted R-1 properties from the section for removal on lots WITH construction, • Reduced the number of replacement trees required, • Eliminated the varying replacement requirements depending on lot size (under 1/2 acre versus 1+ acre). Staff and the City Forester are proposing that a tree preservation & landscaping ordinance be added to the Mounds View Zoning Code. An amendment to Chapter 1103 subd. 4 is also recommended. This would be a reference to Chapter 1127.05 for specific landscaping requirements. City Council Action The City Council held a public hearing on the proposed ordinance on November 26, 2007, and approved the first reading and introduction. Recommendation: Staff recommends approving the second reading and adoption of Ordinance 785 and the publication of the ordinance summary (attached) in lieu of the whole ordinance, as provided by City Charter. Respectfully submitted by, Heidi Heller Planning Associate ORDINANCE SUMMARY ORDINANCE NO. 785 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE ADDING TREE PRESERVATION AND LANDSCAPING REQUIREMENTS On December 10, 2007, the Mounds View City Council adopted an ordinance which adds language to the City’s zoning regulations to ensure that new construction complies with requirements to preserve or replace significant and specimen trees, and meet minimum landscaping requirements. The ordinance, along with the full text of the City’s Wetland Zoning Code, are on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us James Ericson Interim City Clerk-Administrator ORDINANCE NO. 785 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF AN ORDINANCE ADDING TREE PRESERVATION & LANDSCAPING REQUIREMENTS THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. Chapter 1103, Section 1103.08 subd. 4, “Landscaping Required”, is hereby amended with the proposed addition underlined: 1103.08: FENCING, SCREENING AND LANDSCAPING Subd. 4. Landscaping Required: In all zoning districts, the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveway, building site and/or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. The requirements of Chapter 1127.05 must be met for all new developments in the R- 3, R-4, B-1, B-2, B-3, B-4, I-1 and PUD districts. SECTION 2. The City Council of the City of Mounds View, has hereby determined that the Mounds View Zoning Code be amended by adding a Tree Preservation & Landscaping Ordinance as follows: CHAPTER 1127 TREE PRESERVATION & LANDSCAPING SECTION: 1127.01: Purpose 1127.02: Definitions 1127.03: General Tree Protection Requirements 1127.04: Tree Removal on Lots With Construction or Grading Permits 1127.05: Landscaping Requirements 1127.06 Plan Review Process 1127.07 Appeal Process 1127.08 Violation and Penalties 1127.01: PURPOSE. The purpose of this chapter is to identify trees and woodlots which are to be preserved in general and saved when development is occurring or at any point thereafter. It is the City’s goal to ensure that development is compatible with the natural environment and is accommodated without destroying desirable environmental features and natural amenities. It is not the City’s intent, however, to preserve significant trees or woodlots where substandard subdivision design, poor drainage, excess slope in streets and driveways or inefficient utility construction would result. 1127.02: DEFINITIONS: When used in this Chapter, the following words and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: DRIP LINE: The imaginary line at the outer edge of a tree or shrub, the point where water would drip to the ground from the outermost branches or leaves. HIGH VALUE TREES: Any tree from the list below. ƒ Birches (River & Paper) ƒ Black Walnut ƒ Catalpa ƒ Cherry ƒ All Firs ƒ Flowering Crabapples & Hawthorns ƒ Hackberry ƒ Hybrid American Elm ƒ Ironwood ƒ Japanese Tree Lilac ƒ All Lindens ƒ All Maples ƒ All Oaks ƒ Ohio Buckeye ƒ Pines (except Jack) ƒ All Spruce ROOT ZONE: That area of effective tree rooting (out to the extent of the branches plus 5 five feet). SIGNIFICANT TREE: A significant tree is defined as any live healthy High Value tree measuring eight (8) inches in diameter or greater, measured at 4.5 feet above the ground. SPECIMEN TREE: Any High Value Tree over 16 inches in diameter, or any other species over 30 inches in diameter. TREE CROWN: The upper part of a tree, including the branches and leaves. WOODLOT: An area of trees of significant or specimen size on at least twenty-five (25) percent of the total lot area. 1127.03: GENERAL TREE PROTECTION REQUIREMENTS. Developers, landowners, and builders shall attempt to preserve the maximum number of significant and specimen trees on lots as possible by using creative design techniques for the location of structures and other improvements within property boundaries. Subd. 1. Preservation Standards. a. Structures and other amenities shall be located in such a manner that the optimum number of trees shall be preserved. b. Prior to the granting of a permit, the person requesting the permit shall demonstrate that there are no feasible or prudent alternatives to the removal of significant or specimen trees on the site. c. Forestation, reforestation or landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. d. Development including grading and contouring shall take place in such a manner that the root zone, as defined in Section 1127.02, of existing trees shall not be affected. 1127.04: TREE REMOVAL ON LOTS WITH CONSTRUCTION OR GRADING ACTIVITY 1 Subd. 1. Tree Plan Required. A tree plan, which would include a tree inventory, prepared by an arborist, landscape architect or forester, shall be submitted for any project in which any trees will be impacted as a result of said project. Tree inventories shall identify existing healthy significant trees, specimen trees, woodlots and smaller groups of non-significant trees within the limits of the proposed project area. The inventory should clearly indicate which trees would be lost as a result of the project and which trees would be saved. The tree inventory shall be submitted at the same time as any other required application submittals. This requirement may be waived at the discretion of the Community Development Director and the City Forester. Subd. 2. Replacement Standards. Replacement tree species shall be approved by the City Forester in accordance with Section 1127.05. a. No additional plantings shall be required on lots less than one acre where five or more replacement and high value trees over eight inches in diameter would remain, or on lots one acre or larger where ten or more replacement and high value trees over eight inches in diameter would remain. For every significant tree removed, the permit holder or property owner shall plant a new tree on a one-to-one replacement basis, up to a maximum of five new trees. 1 Parcels in the R-1, Single Family Residential zoning district are exempt from the provisions of this section. b. For every specimen tree removed, the permit holder or property owner shall plant a minimum of two new trees, up to a maximum of five new trees. c. Replacement trees shall be planted no later than twelve months beyond the date of tree removal. The owner or permit holder shall guarantee the survival of the replacement trees for two full growing seasons beyond the year of planting. In cases where replacement cannot occur within the specified timeframe, an extension may be granted at the discretion of the City Forester and Community Development Director. d. Replacement Quantity Reductions. The number of required replacement trees may be reduced when deemed appropriate at the sole discretion of the City Forester based on existing site conditions. e. Exceptions. Replacement requirements shall not apply to trees lost as a result of utility trimming or maintenance, work conducted by or on behalf of a governmental agency in pursuance of its lawful activities or functions, disease, storms or other acts of natural occurrence. Subd. 3. Trees within development areas designated for preservation shall be protected from construction damage by placing a snow fence or flags in a perimeter five feet beyond the tree’s dripline, within which area no equipment shall traverse or materials, debris or fill shall be placed. Subd. 4. Additional Removals. If, through the course of a development activity, it becomes necessary to remove additional trees beyond what was previously approved in the Tree Plan. It shall be the responsibility of the applicant to submit such request to the City in writing, explaining the reasons necessitating the additional removals, and obtain written approval of the Community Development Director or designee before proceeding. 1127.05 LANDSCAPING: Subd. 1. Applications for development in the R-3, R-4, B-1, B-2, B-3, B-4, I-1 and PUD districts shall be accompanied by a detailed landscape plan. The landscape plan should be developed in accordance with the site plan submitted for approval. Subd. 2. Detailed landscape plans shall include the following information: a. General: name and address of developer/owner, name and address of architect/designer, date of plan preparation, date and description of all revisions, name of project or development, scale of plan, north point indication. b. Site analysis: Boundary lines of property line with dimensions based upon certified survey, name and alignment of proposed and existing adjacent on- site streets, location of all proposed utility easements and right-of-way, location of existing and proposed buildings, topographic contours at two (2) foot contour intervals, location of parking areas, water bodies, proposed sidewalks, and percentage of site not covered by structures and impervious surfaces. c. Landscape data: A planting schedule table shall include symbols, quantities, common names, botanical names, size of plant materials, root specifications, and special planting instructions. d. Typical sections and details of fences, retaining walls, berms and other landscape improvements. e. Typical sections of landscape islands and planter beds with identification of materials used. f. Details of planting beds and foundation plantings. g. Delineation of both sodded and seeded areas indicated in square footage. h. Where landscape or inorganic materials are used to provide required screening from adjacent and neighboring properties, a cross section shall be provided at a legible scale illustrating the prospective of the site from the neighboring property and property line elevation. Subd. 3. Number of plant materials required: In order to achieve an appropriate and complete quality landscaping of a site, the following minimum number of plant materials shall be provided as indicated below: a. One (1) overstory deciduous shade tree for every two thousand (2,000) square feet of the total building footprint. b. One (1) coniferous tree for every two (2,000) square feet of building or one (1) coniferous tree for every two hundred (200) feet of site perimeter, whichever is greater. c. One (1) understory shrub for every three hundred (300) square feet of building or one (1) shrub for every thirty (30) feet of site perimeter, whichever is greater. d. One (1) ornamental tree for every two thousand (2,000) square feet of building or one (1) ornamental tree for every two hundred (200) feet of site perimeter, whichever is greater. e. The number of plant materials required in Subdivision 3 a-d may be reduced by fifteen percent in each category in the I-1 districts. f. In the event a site plan layout does not have adequate space to accommodate plant quantities as required herein, such quantities per species can be reduced, provided that total required height or caliper is maintained. The Community Development Director and City Forester must approve all changes. Subd. 4. Minimum size of plantings and species requirements: a. Only tree species from High Value Tree list or other tree species as approved by the City Forester shall be used. b. Overstory deciduous – 2 ½ inch caliper. c. Coniferous – 6 feet in height as measured from grade. d. Shrubs – 24 inch plant (potted). e. Ornamental trees – 2 inch caliper. Subd. 5. Method of installation: All deciduous and coniferous trees shall be ball and burlap and staked and guyed per National Nurserymen’s Standards. All shrubs shall be potted. Subd. 6. Use of Landscaping for Screening: a. Where natural materials, such as trees or hedges are approved in lieu of the required screening by means of walls or fences, density and species of planting shall be such to achieve screening year round. Subd. 7. Maintenance. a. Property owners shall be responsible for the upkeep of all required plantings and landscape materials. Upon written notice from the City, a property owner shall be required to trim broken or damaged tree boughs, remove fallen trees or storm damaged trees and remove diseased trees as identified by the City Forester.2 Uprooted, damaged or diseased tree stumps shall be removed or ground down below grade. 2 Refer to Chapter 605, Tree Disease Control. b. It shall be the property owner’s responsibility to maintain the boulevard area between the property and any adjacent street frontage. 1127.06 PLAN REVIEW PROCESS All tree inventories, preservation plans and landscape plans shall be reviewed by the City Forester. The Parks and Recreation and Forestry Commission may also review such plans at the request of the Community Development Director or the City Forester. When such plans are required as part of a development application (e.g. development review, conditional use permit, minor or major subdivision) the Planning Commission and City Council shall have approval authority. For such plans submitted when no official planning action is necessary, the Community Development Director and City Forester shall retain administrative approval authority. 1127.07 APPEAL PROCESS Administrative decisions by the City Forester and/or Community Development Director may be appealed to the City Council. An appeal shall be filed in writing no more than fourteen (14) days following the date of the administrative decision by the City. The appeal shall be scheduled for consideration by City Council at the next regularly scheduled City Council meeting which is at least seven (7) days from the date of the appeal. 1127.08 VIOLATION AND PENALTIES Except as provided herein, no significant or specimen tree shall be removed from any property in the City. Any violation of any provision of this Chapter shall constitute a misdemeanor offense. Property owners or permit holders having been cited for illegal tree removal may be fined up to $750 for each significant or specimen tree illegally removed. In addition to the punishment specified in this section, the City may enforce this Code by any other appropriate form of action which could include withholding a Certificate of Occupancy, forfeiture of all or part of a bond, escrow or financial guarantee and stoppage of the project. SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this 26th day of November, 2007. PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 10th day of December, 2007. _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ James Ericson, Interim City Administrator (SEAL) Item No: 07D Meeting Date: December 10, 2007 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to City Administrator Item Title/Subject: Consideration of Resolution 7198, Selection of the Official City Newspaper, Acting Mayor, Treasurer and Official Depositories for 2007 Discussion: The Focus and The Bulletin have each submitted proposals to be the City’s official newspaper for 2008. The Council selected The Bulletin as the City’s primary newspaper last year. Both newspapers have put in bids (letters attached), and The Bulletin’s rates continue to be slightly less. Both newspapers accept legal notices via e-mail. Last year and in years previous the Council selected the St. Paul Pioneer Press as the City’s secondary newspaper. Although the Pioneer Press did not submit a proposal this year, it would certainly be acceptable for the Council to select the Pioneer Press as the City’s secondary newspaper. In addition, the attached resolution appoints the treasurer consistent with Section 6.04 of the City Charter and also lists the city job positions that are authorized to conduct banking and investment business on behalf of the City. This includes the City Clerk/Administrator. Staff placed the current Interim City Administrator, Jim Ericson, as being authorized to conduct bonding and investment business on behalf of the City. However, when the new City Administrator is hired, Staff will be re-presenting this part of the item to the City Council. Recommendation: Review and Adopt Resolution 7198. Respectfully submitted, Desaree Crane Attachments: 1. Letter from Sun Newspapers 2. Letter from Lillie Suburban Newspapers, Inc. RESOLUTION NO. 7198 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING OFFICIAL NEWSPAPER, ACTING MAYOR, OFFICIAL DEPOSITORY AND TREASURER FOR THE YEAR 2008 WHEREAS, Minnesota Statute 412.831 requires that City Councils annually designate a newspaper of general circulation as its official newspaper; and WHEREAS, Minnesota Statute 412.121 requires that City Councils annually elect an Acting Mayor from among Council Members; and WHEREAS, Minnesota Statute 427.012 requires that City Councils annually select an official depository for City funds; and WHEREAS, Chapter 6. Section 6.04 of the City Charter states the City Council shall appoint a City Treasurer whose duties shall be as specified by State Law. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby appoint the following: Official Newspaper: Primary: The Bulletin Secondary: St. Paul Pioneer Press Acting Mayor: Councilmember Roger Stigney Primary Depository: Western Bank (for checking accounts, savings accounts and investments) Secondary Depositories: Minnesota Municipal Money Market Fund PMA-4M Fund Wachovia Securities, Inc. RBC Dain Rauscher, Inc. CitiGroup Global Markets, Inc. U.S. Bank Systems Investment Services Wells Fargo Bank N.A. US Bank Corporate Trust Services Federal Reserve Bank of Mpls. Lynk Systems, Inc. TCF National Banks Resolution 7198 Page 2 BE IT FURTHER RESOLVED that the City Clerk/Administrator, the Treasurer, or the Deputy Treasurer are authorized to conduct banking and investment business on behalf of the City and the persons appointed to these positions are the following: Jim Ericson, Interim City Clerk/Administrator Mark Beer, Treasurer Mary Tatarek, Deputy Treasurer Adopted this 10th day of December, 2007. ______________________________ Rob Marty, Mayor ATTEST: _______________________________ Jim Ericson, Interim City Administrator (SEAL) ADDENDUM TO RECORDING SECRETARY SERVICE AGREEMENT Dated: December 31, 2007 By and between TimeSaver Off Site Secretarial, Inc. and the City of Mounds View, 2401 Highway 10, Mounds View, MN 55112. 1. EXTENSION OF RECORDING SECRETARIAL SERVICE AGREEMENT: The term of the existing Recording Secretary Service Agreement dated December 31, 2006 shall be extended under the same terms and conditions to December 31, 2008. 2. TOSS Charges. TOSS shall be paid for its services as recording secretary for each meeting (the highest rate will prevail), as follows: a. Base Rate of One Hundred Twenty-Two and 50/100 dollars ($122.50) for any meeting up to one (1) hour (billable time) plus Thirty and 25/100 dollars ($30.25) for each thirty (30) minutes following the first one (1) hours; or b. Twenty-six and 25/100 dollars ($26.25) per hour for length of meeting, and fifteen (15) minutes prior to Call to Order and fifteen (15) minutes following Adjournment with a one and one-half (1.5) hour minimum; and Eleven and 95/100 dollars ($11.95) for each page of minutes prepared from shorthand or machine notes of the recording secretary as draft minutes for submission to and the review and comment of the City of Mounds View for their preparation of final minutes. At the end of the term of this Addendum or any extension of it, the parties may make a new Agreement or extend or modify the terms of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Addendum to the Recording Secretary Service Agreement as of the day and year indicated. January ___, 2008 CITY OF MOUNDS VIEW By Rob Marty Its Mayor By James Ericson Its Interim City Administrator November 1, 2007 TIMESAVER OFF SITE SECRETARIAL, INC. By Carla Wirth Its President & CEO Item No. 07E Meeting Date: December 10, 2007 Type of Business: CB City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7194 Approval of the TimeSaver Recording Secretary Contract Addendum for 2008 BACKGROUND: TimeSaver Off Site Secretarial (TOSS) has been providing recording secretary services for the City since 1999. Discussion: The contract addendum for 2008 includes an increase from the 2007 contract addendum as follows: 2007 RATES 2008 RATES BASE RATE: $119.00 Add’l ½ Hours: $29.35 BASE RATE: $122.50 Add’l ½ Hours: $30.25 or 2007 RATES 2008 RATES Per Hour Fee: $25.50 Per Page Fee: $11.60 Per Hour Fee: $26.25 Per Page Fee: $11.95 Recommendation: Given the City’s satisfaction with TimeSaver’s performance, Staff is recommending approval of the 2007 contract addendum and adoption of attached Resolution 7194. RESOLUTION NO. 7194 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF THE TIMESAVER RECORDING SECRETARY CONTRACT ADDENDUM FOR 2008 WHEREAS, TimeSaver has been taking minutes for City Council, EDA and Planning Commission meeting since 1999; and WHEREAS, the City Council and staff are pleased with the thoroughness and accuracy of the minutes taken by TimeSaver; and WHEREAS, the contract proposed for 2008 includes a nominal increase of fees. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council agrees to and accepts the terms of TimeSaver 2008 contract (see attachment). Adopted this 10th day of December, 2007. ___________________________________ Rob Marty. Mayor ATTEST: ___________________________________ Jim Ericson, Interim City Administrator (seal) Item No: 07F Meeting Date: December 10, 2007 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to City Administrator Item Title/Subject: Resolution 7196 Appointing Members to Various Mounds View Commissions and Committees The Park and Recreation Commission and Planning Commission have term seats, which will expire on December 31, 2007. Park and Recreation and Forestry Commission (3-Year Term) Jerry Kunz December 31, 2007 Cindy Palm December 31, 2007 Planning Commission (3-Year Term) Sherry Gunn December 31, 2007 Staff did receive applications from Jerry Kunz, Cindy Palm and Sherry Gunn to renew their terms. Staff also received two additional applications from Daniel Larson (interested in Park and Recreation Commission and EDC) and Jennifer Wagner (interested in Planning Commission and EDC). Staff will be making a recommendation to the EDA, to appoint Daniel Larson and Jennifer Wagner to the EDC. If the EDA approves Staff recommendation to these appointments to the EDC, then Staff would recommend re-appointing Jerry Kunz and Cindy Palm to the Park and Recreation Commission; and Sherry Gunn to the Planning Commission. The Park & Recreation and Forestry Commission and the Planning Commission recommendation is to re-appointed these individuals to their respective commissions. Recommendation: It is recommended that the City Council consider these applications, and approve these appointments to their respective commission. Respectfully submitted, Desaree Crane RESOLUTION NO. 7196 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 Mayor with the approval of the majority of the City Council; and WHEREAS, there will be vacant seats effective December 31, 2007, in the Park and Recreation and Forestry Commission, and Planning Commission; and WHEREAS, the City has received applications from members of these Board, Commission and Committees who occupied these seats prior to their term expiration; and WHEREAS, it has been the City’s past practice to re-appoint members who have indicated a desire to continue serving on these Boards, Commissions and Committees, and have submitted an application indicating such. NOW, THEREFORE, BE IT RESOLVED by the City Council of Mounds View, Ramsey County, Minnesota as follows: 1. The Mayor and the City Council do 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, 2010 Cindy Palm December 31, 2010 2. The Mayor and the City Council do hereby approve the following Mounds View residents to serve on the Planning Commission: Name Term Expiration (3-Year Term) Sherry Gunn December 31, 2010 Adopted this 10th day of December, 2007. _____________________________ Rob Marty, Mayor ATTEST: _____________________________ Jim Ericson, Interim City Administrator (seal) Item No: 07G Meeting Date: December 10, 2007 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7197 Step Increase for Jeremy Hellpap, Mounds View Police Officer Background: Officer Jeremy Hellpap is a current employee with the City of Mounds View. His supervisor has reviewed his job description as it relates to his performance as outlined in the job description. Discussion: It was determined that Officer Hellpap has satisfactorily performed in the capacity of his position, and therefore, a step increase wage adjustment is consistent with the Personnel Manual and Labor Agreement. Respectfully Submitted, Desaree Crane RESOLUTION 7197 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENTS WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, his supervisor reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below has more satisfactorily performed in the capacity of his position documented in his performance review on file; and WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Officer Jeremy Hellpap Police Officer November 22, 2004 Step 4: $25.99/hr Step 5: $28.88/hr November 22, 2007 Adopted this 10th day of December, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Jim Ericson, City Administrator (seal) Item No: 7H Meeting Date: Dec 10, 2007 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Authorization to Reclassify the Assistant to the City Administrator Position to Assistance City Administrator Position Introduction: The City Council has twice met in executive session (Nov 5 & Nov 26) to review and evaluate the performance of an individual who is subject to its authority. The individual in question is Desaree Crane who is presently serving as the Assistant to the City Administrator. Background: Ms. Crane was hired by the City of Mounds View in March of 2002 as the administration department’s administrative assistant. Nine months later, both the City Administrator and the Assistant City Administrator resigned from their positions, and as a result, Ms. Crane and the Community Development Director assumed many of the duties and responsibilities of these vacated positions. Many of the additional responsibilities assumed by Ms. Crane became permanent when the City decided to forego hiring a replacement Assistant City Administrator. It was not until July of 2005 however that Ms. Crane’s position was reclassified as the Assistant to the City Administrator, a change that was intended to recognize that Ms. Crane’s duties were more than just that of an administrative assistant. It has become clear of late however that the responsibilities assumed by Ms. Crane would tend to be more reflective of an Assistant City Administrator or City Clerk position. The Laumeyer and Associates Compensation Study report confirmed this in writing: “Of the positions reviewed, the Assistant to the City Clerk/City Administrator designation is incorrectly classified. The nature and kind of work performed by the position is of a professional nature and is beyond the clerical/administrative support profile that is characteristic of an "Assistant to" position.” Ms. Crane coordinates all business licensing activities for the City, is the City’s sole certified elections director, manages human resources activities, coordinates the employee benefits programs, prepares staff reports, resolutions and ordinances, works closely with the Charter Commission and oversees the City’s records retention efforts. These are some of the duties one might find in an assistant city administrator’s job description. In addition, with the recent departure of former Administrator Ulrich, Ms. Crane has taken over supervisory functions for the cable department and the receptionist position. Position Reclassification Dec 10, 2007 Page 2 Discussion: At the November 26, 2007 meeting, the Council indicated its support to bring this forward for official consideration on December 10, 2007, agreeing that action should be taken regarding Ms. Crane’s position in light of her present job responsibilities, experience, salary and job title. The Council asked that Laumeyer and Associates respond to a number of questions which are summarized below: 1. Would the reclassification affect the "points" assigned to the position? Laumeyer responds that the points for Ms. Crane’s position already reflect that she takes on more of a supervisory role within the administration department. Making this a formal and permanent aspect of the job responsibilities would not increase the previously assigned points. 2. Would the additional points warrant additional compensation? Laumeyer responds that if the additional compensation Ms. Crane presently earns during the interim was made permanent, the salary would be more consistent with her points and her present responsibilities. 3. Does the reclassified position need to be posted or advertised? Laumeyer indicates that changing the title of one’s position does not obligate the employer to advertise for the vacancy or to require the employee to “apply” for her position. Other position titles have been modified without such action. 4. Are there any policy considerations resulting from a "promotion in place" type of change? Laumeyer responds that it is always good “policy” to consider internal candidates for promotions either through promotion without advertising, advertising within the organization first then outside the organization if no qualified internal candidates come forward, or simply giving priority to internal candidates when measured side-by-side against external candidates. Laumeyer points out that the Section 1.23 Subd I of the City’s Personnel Manual contains a provision on promotions which reads: “The City will fill vacancies by promotion of qualified full-time or part-time employees whenever practicable.” Laumeyer reiterates that the change is more consistent with a reclassification, however, not a promotion. 6. W ould the reclassification affect the City’s Pay Equity status? Laumeyer responds that the City is currently in compliance with Minnesota pay equity laws. Position Reclassification Dec 10, 2007 Page 3 Job Description As a result of the reclassification, the position description will need to be modified. The position description has been updated for the Council’s review and would become official upon adoption of Resolution 7195. The two changes include deleting “to the” from the title and adding language regarding the supervision of the cable staff and receptionist position. The revised description is attached for the Council’s review. Compensation Ms. Crane is presently at Step 5 of the salary scale for her position and is receiving an interim ten percent pay adjustment while the City conducts its search to hire a new City Administrator. Laumeyer has indicated that if the interim pay adjustment were made permanent, the salary would be more in line with that of an Assistant City Administrator. The Interim City Administrator concurs with this assessment and supports this adjustment. The adjusted hourly pay scale for the position would be as follows: Step 1 Step 2 Step 3 Step 4 Step 5 $26.40 $28.05 $29.70 $31.35 $33.00 Recommendation: Resolution 7195 has been prepared which formalizes the Council’s desire to reclassify the position of Assistant to the City Administrator to Assistant City Administrator. In addition, the resolution authorizes the adjustment to the position’s pay scale and approves the minor revisions to the position description. Respectfully submitted, ________________________ James Ericson Interim City Administrator CITY OF MOUNDS VIEW POSITION DESCRIPTION Position Title: Assistant to the City Clerk/City Administrator Department: Administration Accountable to: City Administrator Status: Exempt PRIMARY OBJECTIVE OF POSITION Provides administrative support to the City Council, City Administrator and requires strict confidentiality. Performs a variety of routine and complex clerical, office management, administrative and project management work. Works with the City Administrator and other department directors to assure compliance with the City’s policies, goals and programs to achieve interdepartmental communication and cooperation. May coordinate general maintenance and repair work to maintain the City Hall building during regular work hours and non-regular work hours as needed including determining need for, recommending and arranging for outside contract service to maintain building operations, as well as maintaining and purchasing office equipment. SUPERVISION RECEIVED: Works under the close supervision of the City Administrator. SUPERVISION EXERCISED Direct supervision of Administration Department support personnel to include the Receptionist and Cable Television Coordinator. May coordinate the daily activities of student workers/volunteers including work assignments, reviewing quality and quantity of work performed and balancing workloads needed to support other departments. ESSENTIAL DUTIES AND RESPONSIBILITIES Communications • Complies, prepares and distributes agenda packets including City Council, EDA, and various task forces for the City Council, Department Heads, and other parties to ensure all parties are informed of items to be reviewed at scheduled meeting. • Prepares and publishes legal notices and ordinances according to established law and City procedures. Notarizes and certifies official documents. • Composes, types, and edits a variety of correspondence including letters, articles for newsletters, resolutions, proclamations, reports and other materials requiring judgment as to content, accuracy, and completeness. • May develop and coordinate the publication of the New Residents Guide, Business Directory, Community Profile and Municipal Directory. • Coordinates, organizes and tracks multi-departmental committees to ensure effective communications and building operations throughout City Hall. Records Management • Prepares and maintains records and indexes, including, but not limited to, minutes, ordinances resolutions and staff reports. • Develops, monitors and maintains City record retention schedules. • Develops system for collection, organization and retrieval of city information/review and recommend various proposals, license contracts and agreements. Office Management • Solicits bids for office equipment, supplies, stationery, maintenance and janitorial supplies. • Plans conferences, schedules appointments and training sessions. Schedules, coordinates, or performs setup of rooms for meetings, or special events. • Serves as liaison with building maintenance, equipment repair and telecommunications technician persons as needed. • Arranges and coordinates appropriate action in response to unforeseen circumstances or events that result for immediate action. • Ensures duties are covered receptionist is on vacation, absent, or unavailable to perform duties required. Human Resources • Assists the City Administrator in Labor negotiations, contract administration and grievances. • Assists in coordinating new employee hiring • Assists the Payroll/Utility Clerk Technician in administration of employee benefits programs. • Coordinates employee performance evaluations. • Coordinates City Organizational development and employee training activities. • Assists in the administration of the City’s drug testing program and drug free workplace for DOT and non-DOT employees respectfully • Assists the City Administrator to ensure Affirmative Action/EOE Compliance • Assist with analysis of union contract proposals in a confidential manner. • Prepare and distribute New Employee Packets. • Coordinate and administer employee related Health Insurance Benefit Contracts. • Organize Annual open enrollment period. • Responsible for updating and maintaining the Building Automation System and Card Access Systems. Clerical Duties • Assists the City Administrator on all duties of a City Clerk by ensuring compliance with the Home Rule Charter and with other prescribed laws and regulations. • Serves as Deputy Clerk in supervising of all local elections and performs or delegates associated duties in accordance with the City Charter and with other prescribed laws and regulations. PERIPHERAL DUTIES • Assists the City Administrator with any necessary tasks. • Performs copying, photography, printing, collating and bindery operations. • Coordinates travel plans for department and Council. • Serves as backup cashier including receipting of various payments and posting monies to appropriate accounts. • Coordinates activities with recording secretary as necessary. • Other duties as assigned. MINIMUM QUALIFICATIONS Education and Experience (A) Associates Degree from an accredited college or university in Business, Legal, Management or equivalent; and (B) Three (3) years of increasingly responsible experience, or any equivalent combination of related education and experience. DESIRED QUALIFICATIONS Education and Experience (A) Bachelors Degree from an accredited college or university in Public Administration, Business Administration, Human Resources or closely related field; and (B) Any equivalent combination of education and progressively responsible experience, with additional work experience substituting for the required. Necessary Knowledge, Skills and Abilities: (A) Proficient in the usage of work processing software, typing speed of 60 wpm, working knowledge of computers and data processing; working knowledge of modern office practices and procedures. (B) Skill in operation of listed tools and equipment. (C) Ability to effectively meet and deal with the public; ability to communicate effectively verbally and in writing, ability to handle stressful situations. (D) Ability to communicate effectively orally and in writing. (E) Ability to accurately record and maintain records; ability to establish and maintain effective working relationships with employees, supervisors and maintain effective working relationships with employees, supervisors, and other departments and officials. (F) Work knowledge of the principles and practices of modern publish administration. TOOLS AND EQUIPMENT USED Phone switchboard, mainframe computer terminal, personal computer including word processing software; copy machine; postage machine; fax machine; base radio; calculator. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear. The employee is occasionally required to walk; use hands to finger, handle or feel objects, tools or controls; and reach with hands and arms. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually quiet. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approval: ____________________ Approval: ___________________________ Supervisor Appointing Authority Effective Date: Revision History: 04-20-06 12-10-07 Revised Hay Points: 432 (Salary Comp Study, July 31, 2006) RESOLUTION 7195 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECLASSIFYING THE ASSISTANT TO THE CITY CLERK/ADMINISTRATOR POSITION TO ASSISTANT CITY CLERK/ADMINISTRATOR WHEREAS, the City of Mounds View has an Assistant to the City Clerk/Administrator position; and WHEREAS, according to the Salary Compensation Study performed by Laumeyer and Associates in July of 2006, the Assistant to the City Clerk/Administrator position was incorrectly classified; and WHEREAS, the Salary Compensation Study made the recommendation to reclassify the Assistant to the City Clerk/Administrator Position to the Assistant City Clerk/Administrator; and WHEREAS, the position was re-pointed by Laumeyer and Associates from 385 Hay Points to 432 as stated in the July 2006 Salary Compensation Study; and WHEREAS, the City Council has met in executive session on November 5, 2007 and November 26, 2007 to review and evaluate the performance of Ms. Desaree Crane, an individual under the Council’s authority, who is presently serving as the Assistant to the City Administrator; and WHEREAS, given the responsibilities and duties of the position and the performance of the individual serving in that capacity, the City Council believes an adjustment in salary and title is warranted. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby reclassify the Assistant to the City Clerk/Administrator position to Assistant City Clerk/Administrator and does hereby approves the revisions to the position description. BE IT FURTHER RESOLVED that the City Council of the City of Mounds View does hereby approve the following pay scale for the Assistant City Clerk/ Administrator position (exempt non-union position) as recommended by Laumeyer and Associates: Step 1 Step 2 Step 3 Step 4 Step 5 $26.40 $28.05 $29.70 $31.35 $33.00 Resolution 7195 Page 2 BE IT FINALLY RESOLVED that the incumbent, Desaree Crane, will be compensated at Step 5 of the adjusted wage scale effective December 10, 2007. ADOPTED this 10th day of December, 2007. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Jim Ericson, Interim City Administrator (SEAL) Item No: 7I Meeting Date: Dec 10, 2007 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Introduction and First Reading of Ordinance 801, an Ordinance Amending Chapter 1008 Regarding Requirements for Signs and Billboards Introduction: The City Council adopted Ordinance 784 on February 12, 2007 which authorized a one-year moratorium on the installation, creation, construction, replacement, modification or improvement of static or changing electronic, digital, video, display signs or billboards and flashing motion, animated, changeable copy and illuminated signs in all zoning districts. This moratorium will expire on February 12, 2008. Discussion: The City Attorney has reviewed all relevant studies and research regarding the impacts and safety consequences of dynamic signs and has prepared an ordinance which will amend Chapter 1008 to define “Dynamic Display” and to clarify that no further interim use permits will be issued for any new or presently existing billboards in the City of Mounds View. The ordinance will also clarify that dynamic display signs, as defined, and billboards in general, would be prohibited in the City. Recommendation: Please review the materials provided by the City Attorney and Ordinance 801 which amends Chapter 1008 regarding requirements for signs and billboards. As recommended by the City Attorney, Staff suggests that the Council establish a special meeting of the City Council to occur preferably on Dec 26, 2007 (the original date of the second council meeting in December) or other possible dates as follows: Dec 27 or 28, or Jan 2, 3 or 4. Respectfully submitted, ________________________ James Ericson Community Development Director DRAFT 12-7-07 ORDINANCE NO. 801 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1000, CHAPTER 1008 OF THE MOUNDS VIEW CITY CODE REGARDING REQUIREMENTS FOR SIGNS AND BILLBOARDS THE CITY OF MOUNDS VIEW, MINNESOTA ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1008, Sections 1008.02, 1008.10 and 1008.12 of the Mounds View Municipal Code by deleting the stricken material and adding the underlined material as follows: 1008.02: DEFINITIONS: * * * DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display or structural element and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays. * * * 1008.10: SPECIFIC SIGN TYPE STANDARDS AND REQUIREMENTS: * * * Subd. 6. Billboards: A new or renewed interim use permit shall not be issued for any new or currently existing billboard within the City. unless it complies with the following interim use requirements, pursuant to Minnesota Statutes, Section 462.3597: a. Interim Use Permit: An interim use permit (IUP) must be obtained in accordance with procedures identical in form and substance to the conditional use permit procedures found in Section 1125.01, subdivision 3 of the Mounds View Municipal Code. Any IUP issued for an interim use billboard shall automatically expire no later than July 1, 2037 or earlier if so indicated in the resolution approving the IUP. An IUP shall be null-and-void if the applicant fails to obtain any required permit from the State of Minnesota. * * * h. Maximum Number/Nonconforming Status. The maximum number of billboards that may be located within the City at any one time shall be limited to tennine (109). Any billboard legally existing or permitted at the time that this ordinance is adopted may continue to exist only for such time period as is be removed and relocated consistent with the provisions of this Code. Any billboard in the process of being relocated at the time that this ordinance is adopted shall be counted among the maximum number allowed and shall be allowed to complete its relocation. * * * 1008.12: PROHIBITED SIGNS: The following signs and sign types are prohibited in the City of Mounds View: * * * Subd. 7. Dynamic display signs. Subd. 8. Billboards, except as otherwise provided in this Code. SECTION 2. The interim ordinance adopted by the City of Mounds View (Ordinance No. 784, adopted and effective February 12, 2007) shall be repealed and null and void upon the effective date of this ordinance. SECTION 3. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. First Reading: December 10, 2007 Second Reading: ________________ Publication Date: ________________ Rob Marty, Mayor Attest: _____________________________________ James Ericson, Interim City Clerk-Administrator Item No: Meeting Date: December 10, 2007 Type of Business: CA City Administrator Review: __________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2008. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2007. The majority of the licenses are renewals, so at a minimum, they were licensed in 2007. The type of license they are applying for follows the company name. A-1 Custom Signs & Service Sign Renewal Air Mechanical HVAC Renewal Asphalt Driveway Co. Asphalt Renewal Centraire Heating & Air Cond., Inc. HVAC Renewal Clear Channel Outdoor Sign Installation Renewal Construction Mechanical Services HVAC New Dependable Indoor Air Quality HVAC New DMJ Corporation Asphalt Renewal Forced Air Inc. DBA Wenzel Htg & A/C HVAC Renewal Gilbert Mechanical HVAC Renewal Horwitz, Inc. HVAC Renewal Joel Smith Heating & Air Conditioning HVAC Renewal M. A. Mortenson Company Sign Installation Renewal Master Mobile Home Service HVAC Renewal Minnesota Tree Surgeons, Inc. Tree Trimming/Removal Renewal Mobile Maintenance, Inc. HVAC Renewal Newmech Companies, Inc. HVAC Renewal Northeast Tree, Inc. Tree Trimming/Removal Renewal Opus Northwest Const., LLC General (Commercial) Renewal Riccar Heating & Air Conditioning HVAC Renewal Signcrafters Sign Installation New Standard Heating & Air Conditioning HVAC Renewal Tarraf Construction General (Commercial) Renewal The Snelling Company HVAC Renewal Thermax Corporation HVAC Renewal Top-All Roofing, Inc. General (Commercial) Renewal Wellington Window & Door Co. Window Installation Renewal Staff Recommendation: Approve license applications as requested. Item No: 8B Meeting Date: December 10, 2007 Type of Business: Consent Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Resolution 7184 Approving a Consultant Services Agreement with the Greater Metropolitan Housing Corporation for Housing Resource Center Services in 2008 Introduction: The City of Mounds View and its residents have benefitted from the services provided and managed by the Housing Resource Center since 2001. Discussion: The Housing Resource Center (HRC) is a division of the Greater Metropolitan Housing Corporation (GMHC) whose stated mission is to preserve, improve and increase affordable housing for low and moderate income families, as well as to assist communities with housing revitalization. The HRC provides construction management consultations, program administration, provides information on a variety of relevant housing programs and coordinates and manages several grant and loan programs geared toward home improvement and renovation. As the Council may recall, the HRC recently agreed to manage the City’s Housing Replacement Program’s demolition reimbursement component as part of the agreement, at no additional cost to the City. The fee for this contracted service is $11,000 which is reflected in the draft 2008 EDA budget 230-4650-3030. Recommendation: Approve Resolution 7184 which approves a consultant services agreement with the Greater Metropolitan Housing Corporation for Housing Resource Center Services in 2008. Respectfully submitted, ________________________ James Ericson Community Development Director RESOLUTION 7184 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE EXECUTION OF THE CONSULTANT SERVICES AGREEMENT WITH THE GREATER METROPOLITAN HOUSING CORPORATION (GMHC) FOR HOUSING RESOURCE CENTER SERVICES IN 2008 WHEREAS, the City of Mounds View desires to continue its association with the Greater Metropolitan Housing Corporation (GMHC) to provide Housing Resource Center services in 2008, WHEREAS, the City has partnered with GMHC to access Housing Resource Center services for Mounds View residents since 2001; and, WHEREAS, the City acknowledges the valuable benefit derived by its residents via the programs offered and managed by the Housing Resource Center. NOW, THEREFORE FURTHER BE IT RESOLVED, that the Mounds View City Council does hereby approve the attached Consultant Services Agreement with the Greater Metropolitan Housing Corporation (GMHC) for Housing Resource Center services in 2008 and authorize its execution by the Mayor and Interim City Clerk/Administrator. Adopted this 10th day of December, 2007. _______________________________ Rob Marty, Mayor ATTEST: ______________________________ James Ericson, Interim City Administrator (seal) Page 1 CONSULTANT SERVICES AGREEMENT THIS IS AN AGREEMENT entered into the ______day of ________, 200__, by and between the City of Mounds View, a Minnesota municipal corporation (hereinafter “City”), and the Greater Metropolitan Housing Corporation (GMHC), a Minnesota nonprofit corporation (hereinafter “Consultant”). RECITALS A. The Consultant has a division called The Housing Resource Center (hereinafter “HRC”). HRC provides construction management, provides housing program administration and information, coordinates and manages home improvement grant and loan programs, and manages the City’s Housing Replacement Program’s demolition reimbursement program. B. The City desires to hire the Consultant to render this technical, professional, and marketing assistance in connection with housing programs in the City for the term as set forth in this Agreement. C. Consultant is willing to provide such services on the terms and conditions set forth herein. In consideration of the foregoing recitals and following terms, conditions and mutual promises contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall provide services as follows: a. Administer home improvement programs for City residents including the MHFA Fix Up Fund, Community Fix Up Fund, the MHFA Rental Rehab program and the MHFA Rehabilitation Loan Program; b. Provide HRC construction management services to City residents including home inspections for homeowners considering rehabilitation, prepare scope of work, educate homeowners on the construction bid process, evaluate bids and work completed to ensure quality and cost-effective renovations, and monitor construction process; c. Provide HRC housing information to City residents including information on emergency assistance, housing rehabilitation, first time homebuyers and limited rental information; d. Assist the City in developing programs to purchase and rehabilitate homes; e. Assist the City in carrying out its Housing Replacement Program; and f. Provide these services out of Consultant’s North Metro office, with scheduled visits to City residences when needed and providing staff at City Hall as needed. 2. Term. This Agreement shall be in full force and effect from January 1, 2008 and shall continue through December 31, 2008, unless otherwise agreed upon in writing by the City and the Consultant and with a thirty (30) written notice. Page 2 3. Compensation. For services provided under this Agreement, the City shall pay to the Consultant an amount not to exceed eleven thousand dollars ($11,000.00). 4. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time. b. Either party may terminate this Agreement in the event of a breach of the Agreement by the other party, with 30 days written notice. c. The City may terminate this Agreement at any time at its option, for any reason, or no reason at all, with 30 days written notice. d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. 5. Insurance. a. During the term of this Agreement, the Consultant shall obtain and maintain workers compensation, comprehensive general liability, and automobile liability insurance. Comprehensive general liability insurance shall have an aggregate limit of two million dollars ($2,000,000.00). b. Upon request by the City, the Consultant shall provide a certificate or certificates of insurance relating to the insurance required. Such insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. c. Such insurance shall be in force on the date of execution of an Agreement and shall remain continuously in force for the duration of the Agreement. d. The Contractor and its contractors shall secure and maintain the following insurance: i. Workers’ Compensation insurance that meets the statutory obligations with Coverage B-Employers Liability limits of at least $100,000 each accident, $500,000 disease – policy limit and $100,000 disease each employee. ii. Commercial General Liability insurance with limits of at least $500,000 general aggregate, $500,000 products – completed operations, $500,000 personal and advertising injury, $500,000 each occurrence, $50,000 fire damage, and $5,000 medical expense any one person. The policy shall be on an “occurrence” basis, shall include contractual liability coverage, and the City shall be named an additional insured. e. Failure of the Contractor to provide the insurance as set forth above shall not constitute a default under this Agreement. However, such failure of the Page 3 Contractor shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. f. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor’s interest or provide adequate coverage. g. If the Contractor chooses not to provide the insurance and/or coverage limits described above, the Contractor shall nonetheless defend and indemnify the City from any claims or damages otherwise covered by such insurance. h. The Contractor shall require any of its subcontractors, if allowable under this Agreement, to comply with these provisions. 6. Indemnification. a. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be liable or responsible in any manner to the Consultant, the Consultant’s successors or assigns, the Consultant’s subcontractors, or to any other person or persons for any claim, demand, damage, or cause of action of any kind, nature, or character, including intentional acts, arising out of or by reason of the execution of this Agreement or the performance of this Agreement. The Consultant, and the Consultant’s successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action of whatsoever nature, including intentional acts, and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting services, and other technical, administrative or professional assistance. b. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466, or otherwise. 7. Assignment. This Agreement shall not be assigned, sublet, or transferred, in whole or in part without the prior written approval of the City. 8. Conflict of Interest. The Independent Contractor shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict, the Independent Contractor, with the prior written consent of the City, shall arrange for suitable alternative services. 9. Remedies. a. In the event of a termination of this Agreement by the City because of a breach by the Consultant, the Consultant shall be liable to City for any costs or losses incurred by the City arising out of or related to the breach, including costs incurred in selecting other consultants, attorney fees and the like, less the remaining unpaid balance of the consideration provided in this Agreement. The City may withhold payment of sums due to the Consultant for services performed to the date of termination until the City’s costs and losses have been determined, Page 4 at which time City may offset any such amount due the Consultant against the costs and losses incurred by the City. b. The foregoing remedies provided to the City for breach of this Agreement by the Consultant shall not be exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies available because of the Consultant’s breach. c. In the event of breach of this Agreement by the City, the Consultant’s remedy shall be limited to termination of this Agreement and payment for services performed to the date of termination. 10. Compliance with Laws. The Consultant shall comply with all applicable Federal, State, and local laws, rules, ordinances, and regulations at all times and in the performance of the services pursuant to this Agreement. 11. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Consultant: _________________________ _________________________ _________________________ _________________________ City: ATTN: City Clerk-Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 With a copy to: Scott J. Riggs Kennedy and Graven, Chartered Suite 470, 200 South Sixth Street Minneapolis, MN 55402 Or such other address as either party may provide to the other by notice given in accordance with this provision. 12. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and the Consultant, and supersedes any other written or oral agreements between the City and the Consultant. This Agreement can only be modified in writing signed by the City and the Consultant. 13. Third Party Rights. The parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 14. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. Page 5 15. Agreement Not Exclusive. The City retains the right to hire other housing program consultants, in the City’s sole discretion. 16. Data Practices Act Compliance. Data provided to the Consultant or created by the Consultant under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the respective dates indicated below. CITY: City of Mounds View ATTEST: ___________________________________ ____________________________________ Rob Marty, Mayor Jim Ericson, Interim City Clerk-Administrator Date: ___________________, 200__. Date: ___________________, 200__. CONSULTANT: Greater Metropolitan Housing Corporation ATTEST: ___________________________________ ___________________ Date: ____________________, 200__. Item No. 08C Meeting Date: December 10, 2007 Type of Business: CA City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7193 Setting the 2008 Meeting Dates for City Council Meetings REVISED STAFF REPORT AS OF FRIDAY, DECEMBER 10, 2007 @7PM 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 2008. Two legal holidays fall on dates that would otherwise be considered Council meetings— Memorial Day (in accordance with Section 3.10 of the Personnel Manual Memorial Day is observed on Monday, May 26, 2008), and Labor Day (September 1, 2008). For these dates, the schedule reflects a Tuesday. RECOMMENDATION: Reschedule the meetings that fall on the identified holidays and adopt Resolution 7193 setting the 2008 Meeting Dates for City Council Meetings and Work Sessions. Respectfully Submitted, Desaree Crane RESOLUTION NO. 7193 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING THE CITY OF MOUNDS VIEW OFFICIAL 2008 MEETING CALENDAR FOR THE CITY COUNCIL WHEREAS, Minnesota Statute 412.191 requires that City Councils set an official calendar for Council Meetings; and 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, the City’s Code further state that if that Monday is a legal holiday the meeting shall be canceled or held on another date and time; and WHEREAS, May 26, 2008 (Memorial Day), falls on a Monday that would otherwise be a regular scheduled Council Meeting; and WHEREAS, September 1, 2008 (Labor Day) falls on a Monday that would otherwise be a regularly scheduled Work Session meeting; and WHEREAS, in accordance with the City Code, these meetings dates have been rescheduled to May 27, 2008, and September 2, 2008. 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 2008 as shown in Exhibit A and that unless otherwise posted, all City Council meetings are to begin at 7:00 pm. Adopted this 10th day of December, 2007. ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Jim Ericson, Interim City Administrator (SEAL) EXHIBIT A WORK SESSIONS COUNCIL MEETINGS January 07 January 14 January 28 February 04 February 11 February 25 March 03 March 10 March 24 April 07 April 14 April 28 May 05 May 12 May 27 (Tuesday) June 02 June 09 June 23 July 07 July 14 July 28 August 04 August 11 August 25 September 02 (Tuesday) September 08 September 22 October 6 October 13 October 27 November 03 November 10 November 24 December 01 December 08 December 22 Item No. 8D Meeting Date: December 10, 2007 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 7090 Approving a Service Contract for the City Hall Elevator Background: On November 13, 2007 a Staff report and associated Resolution 7090 approving a service contract for the City Hall elevator was submitted for consideration of approval (see attached report). The proposal was to enter into a contract that would include an annual no–load test and quarterly inspections for greasing and general maintenance. The required monthly systems test for the fire service mode and emergency phone call out would be performed by the City’s Fire Marshal / Building Official. The City Council directed Staff to investigate and determine the minimal amount of maintenance that would be allowed as per the state agency that oversees and regulates elevator maintenance. Discussion: The City’s Fire Marshal / Building Official contacted John Roche, the Department of Labor and Industry Elevator Safety Supervisor; Mr. Roche stated that, based on the limited use of the City Hall elevator, the minimum requirement for maintenance is quarterly servicing and an annual no-load test to be conducted by a qualified contractor. The fire recall is required to be conducted and logged monthly. This can be done by a City employee but that employee would need training in order to be qualified. Given that these minimum inspection requirements are consistent with the contract and associated bids previously received, Staff recommends that the City Council approve Resolution 7090 at this time. Recommendation: Staff recommends that the City Council approve awarding a service contract to All City Elevator for the maintenance of the City Hall elevator. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7090 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A SERVICE CONTRACT FOR THE CITY HALL ELEVATOR WHEREAS, the one year warranty on the renovated City Hall elevator expired at the end of April 2007; and WHEREAS, according to new regulations, monthly tests are now required for the fire service mode and emergency phone call out checks must be performed on this elevator; and WHEREAS, the City’s building inspector will be able to perform and document these monthly tests; and WHEREAS, since this is not a high use elevator it is now possible to go to quarterly service for the remaining maintenance aspects of this elevator; and WHEREAS, there were three companies that submitted quotes for a service contract for the City Hall elevator; and WHEREAS, All City Elevator did the upgrading of the elevator during the City Hall Rehabilitation project as well as the emergency telephone in the elevator is currently programmed to call All City Elevator when used; and WHEREAS, due to their familiarity with the elevator, in addition to submitting the low quote, Staff recommends that All City Elevator continue to provide these services; and WHEREAS, this would be a two year contract and would automatically be renewed for successive one (1) year periods thereafter unless either party serves written notice to cancel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That a service contract in the amount of $97.00 per quarter with All City Elevator for the maintenance of the City Hall elevator is hereby awarded. 2. The Mayor and City Administrator are hereby authorized and directed to enter into said contract. 3. Said contract shall be in effect for a period of two years and will automatically be renewed for successive one (1) year periods thereafter unless either party serves written notice to cancel. Adopted this 10th day of December 2007. ____________________________________ Rob Marty, Mayor (ATTEST) ____________________________________ James Ericson, Interim City Administrator (SEAL) Item No. 8D Meeting Date: November 13, 2007 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 7090 Approving a Service Contract for the City Hall Elevator Background: The one year warranty on the renovated City Hall elevator expired at the end of April 2007. According to various state and federal regulations, service and systems checks must be performed on this elevator. In the past this service has been provided by All City Elevator, Incorporated. Discussion: The current service agreement the City has with All City Elevator does not address new regulations that require monthly service and system tests on this elevator; the current service agreement is for bi-monthly service. According to new regulations, monthly tests are now required for the fire service mode and emergency phone call out. The City’s building inspector will be able to perform and document these monthly tests. Since this is not a high use elevator and the City building inspector can perform the monthly system tests, it is now possible to go to quarterly service; this is the minimum service level that All City Elevator was comfortable in quoting on this low use elevator. Three quotes were received for an annual service agreement with service performed on a quarterly basis. The quotes received were from: All City Elevator, Inc. for $97.00 per quarter, which includes the annual no-load test in accordance with A.N.S.I. A-17.1 Code requirements. Eagle Elevator for $120.00 per quarter which does not include the annual no- load test in accordance with the A.N.S.I. A-17.1 Code requirements. Metro Elevator, Inc. for $100.00 per quarter which includes the annual no-load test in accordance with the A.N.S.I. A-17.1 Code requirements. This service as quoted by all three venders is normally referred to as an Oil and Grease Agreement. Any repairs determined to be needed during these service calls will be billed separately. It should be noted that All City Elevator did the upgrading of the elevator during the City Hall Rehabilitation project. Also the emergency telephone in the elevator is currently programmed to call All City Elevator when used. Due to their familiarity with the elevator, in addition to submitting the low quote, Staff recommends that the City contracts with All City Elevator to continue to provide these services on a quarterly basis. This would be a two year contract and would automatically be renewed for successive one (1) year periods thereafter unless either party serves written notice to cancel. Recommendation: Staff recommends that the City Council approve awarding a service contract to All City Elevator for the maintenance of the City Hall elevator. Respectfully Submitted, Greg Lee, Director of Public Works Item No. 08E Meeting Date: December 10, 2007 Type of Business: CA City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7200, Approving Therapeutic Massage License Renewals In accordance with Mounds View City Code, Section 514.13, all Therapeutic Massage Licenses expire on December 31st. 514.13: LICENSE TERM; RENEWALS: Licenses expire annually on December 31. The license fee will be prorated in thirty (30) day increments for licenses issued after June 30. The Clerk-Administrator must prepare an application form for the renewal of a license requiring information that the manager determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. The City currently has three Therapeutic Massage Licenses up for renewal. All three have submitted application materials, fees and have current Certificate of Insurances. The following below are renewing their licenses: Name Location Dennis Opitz Anytime Fitness – 2541County Rd 10 Kathleen Olesen Renting Space at Silver View Chiropractic – 2552 County Rd 10 Xiuju Li Ms. Li will be doing business as Jian Kang Massage, located at 2552 County Road 10. Ms. Li is still in the process of opening her business. She hopes to open at the beginning of February. Staff has not received any criminal background checks for their renewals. These license renewals will not be issued unless a satisfactory background check is received. Recommendation: Approve all three Therapeutic Massage Licenses pending a satisfactory criminal background check. Respectfully submitted, Desaree Crane RESOLUTION NO. 7200 CITY OF MOUNDS VIEW COUNTY OR RAMSEY STATE OF MINNESOTA APPROVING THERAPEUTIC MASSAGE LICENSE REWNEWALS WHEREAS, the City Code requires that massage therapist must be licensed in the City; and WHEREAS, three applicants have submitted applications and fees for Therapeutic Massage License Renewals to continue to practice therapeutic massage in the City of Mounds View; and WHEREAS, all three applicants are compliant under Chapter 514 of the Mounds View City Code; and WHEREAS, all three applicants have submitted a Certificate of Liability Insurance in accordance with the City Code; and WHEREAS, their Therapeutic Massage Licenses will not be awarded unless staff receives a satisfactory background check. NOW, THEREFORE BE IT RESOLVED, that Therapeutic Massage License renewals are approved to the following below pending a satisfactory background check. Name Location Dennis Opitz Anytime Fitness – 2541County Rd 10 Kathleen Olesen Renting Space at Silver View Chiropractic – 2552 County Rd 10 Xiuju Li Jian Kang Massage, located at 2552 County Road 10. NOW, MAY IT FURTHER BE RESOLVED, these renewals listed in the resolution will be effective on January 1, 2008 and expire on December 31, 2008, when satisfactory background check is received. Adopted this 10th day of December, 2007. ___________________________________ Rob Marty, Mayor ATTEST: ___________________________________ Jim Ericson, Interim City Administrator (seal) PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 November 13, 2007 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:07 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Stigney, Hull, Mueller, and Flaherty 16 17 NOT PRESENT: Marty 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, November 13, 2007 City Council Agenda 22 23 MOTION/SECOND: Mueller/Hull. To Approve the Tuesday, November 13, 2007 City Council 24 Agenda as Presented. 25 26 Ayes – 4 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 Randy Helzer of 8180 Eastwood Road addressed Council regarding the possibility of another 31 nuisance rental property on Eastwood Road. He then said that these people have been there for 32 two weekends and there have already been two parties there with traffic. The second thing is that 33 he has noticed that they are using the Abundant Savior parking lot for storage of pipe and there 34 are lights in the parking lot now. 35 36 Randy Helzer indicated that if the Park Board feels it is time for a disc golf course in the City 37 then it can be done with all volunteer labor and no City dollars. He then said that he would 38 provide information to the City on it. 39 40 Interim City Administrator Ericson explained that the Housing Inspector had provided 41 information and Staff has put together information on rental housing regulations to be presented 42 to Council at an upcoming work session. 43 44 Mounds View City Council November 13, 2007 Regular Meeting Page 2 Chris Johnson of Long Lake Road indicated he had questions on the Xcel project and asked 1 whether they have met all permit requirements and asked whether the permit has been issued. 2 3 Public Works Director Lee explained that the permit has been granted and work begun but the 4 valve issue and the easement issues are yet to be resolved. Those issues would need to be 5 resolved before work is done in those areas. 6 7 Mr. Johnson asked whether all of the private easement agreements have been obtained. 8 9 Public Works Director Lee indicated that they have not. 10 11 Mr. Johnson asked whether the City could have them go around the area. 12 13 Public Works Director Lee explained that Xcel would have to explore a different route if unable 14 to obtain the easements from the private property owners. 15 16 Mr. Johnson said that Xcel has threatened him with eminent domain. 17 18 Council Member Flaherty commented that the permit conditions have not fully been met if the 19 easement agreements have not been obtained. He further commented that he did not think that 20 Xcel has the authority to use eminent domain in this instance. 21 22 6. SPECIAL ORDER OF BUISNESS 23 24 None. 25 26 7. COUNCIL BUSINESS 27 28 A. Public Hearing to Consider Resolution 7186, Adopting the 2008 Fee Schedule 29 30 Acting Mayor Stigney opened the public hearing. 31 32 Hearing no public comments, Acting Mayor Stigney closed the public hearing. 33 34 Assistant to the Administrator Crane suggested tabling to allow time for the Council to fully 35 review the fee schedule. 36 37 Council Member Flaherty indicated that Community Center fees are being discussed and those 38 have not been included in this Fee Schedule. 39 40 Acting Mayor Stigney indicated he would like to discuss incorporating the liquor license 41 information from St. Paul. 42 43 Interim City Administrator Ericson indicated that the City charges more than St. Paul but Staff 44 does feel that the information is valid and agreed to review the information for other fees as well. 45 Mounds View City Council November 13, 2007 Regular Meeting Page 3 MOTION/SECOND: Mueller/Flaherty. To Postpone this Item to the November 26, 2007 City 1 Council Meeting. 2 3 Ayes – 4 Nays – 0 Motion carried. 4 5 B. Public Hearing to Consider Resolution 7182 Approving the Feasibility 6 Report, Ordering the Project, Authorizing Plans and Specifications for the 7 County Road 10 Trailway Project: Segments 1 - 5 8 9 Public Works Director Lee provided an explanation of the Feasibility Report for the Highway 10 10 Trailway Project. Funding for the project will come from a Federal Transportation Grant and the 11 remainder from the City’s TIF funds. 12 13 Acting Mayor Stigney opened the public hearing. 14 15 Mr. Helzer said that he is surprised that more people are not concerned about this and said that 16 this is costing almost $100,000 for a tenth of a mile. He then said that he does not think that the 17 City needs this right now. 18 19 Hearing no further comments, Acting Mayor Stigney closed the public hearing. 20 21 Council Member Flaherty indicated that the project has gone up $500,000 in 18 months. He then 22 said that he does not think this needs to be moved on right now. 23 24 Public Works Director Lee explained that the funds are available in 2009 and there is 25 approximately 12 to 18 months after that to use the funds. 26 27 Council Member Mueller indicated that she would be willing to discuss this further at the work 28 session but would hate to see the City lose the grant funds. 29 30 Acting Mayor Stigney said that he has heard similar comments from other residents regarding the 31 cost of this project. 32 33 MOTION/SECOND: Flaherty/Mueller. To Refer this Back to the Work Session for Further 34 Discussion. 35 36 Ayes – 4 Nays – 0 Motion carried. 37 38 C. First Reading of Ordinance 800, Revising the Mounds View City Charter 39 Pertaining to Miscellaneous and Transitory Provisions Associated with the 40 Frequency of the Preparation of the City Newsletter 41 42 Assistant to the Administrator Crane explained that the intent of this is to reduce the number of 43 issues of Mounds View Matters from six down to four. This will save the City money with 44 printing and delivery for those additional two issues. 45 Mounds View City Council November 13, 2007 Regular Meeting Page 4 1 MOTION/SECOND: Mueller/Stigney. To Introduce the First Reading of Ordinance 800, 2 Revising the Mounds View City Charter Pertaining to Miscellaneous and Transitory Provisions 3 Associated with the Frequency of the Preparation of the City Newsletter. 4 5 Acting Mayor Stigney indicated that it concerns him to use the word shall with regard to 6 delivery. 7 8 Ayes – 4 Nays – 0 Motion carried. 9 10 D. Resolution 7183, Authorizing a Cost of Living Adjustment and Insurance 11 Contribution Adjustment for the City of Mounds View Non-Union 12 Employees 13 14 Assistant to the Administrator Crane provided information on the cost of living adjustment and 15 insurance contribution adjustment for non-union employees. 16 17 MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve Resolution 7183, 18 Authorizing a Cost of Living Adjustment and Insurance Contribution Adjustment for the City of 19 Mounds View Non-Union Employees. 20 21 Council Member Mueller asked what the insurance contribution is per employee. 22 23 Staff indicated the insurance contribution per employee is $732.XXX 24 25 Ayes – 4 Nays – 0 Motion carried. 26 27 E. Consideration of Resolution 7187, Approving a Predevelopment Agreement 28 with Master Development Relating to the Premium Stop Property 29 30 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7187, 31 Approving a Predevelopment Agreement with Master Development Relating to the Premium 32 Stop Property. 33 34 Ayes – 4 Nays – 0 Motion carried. 35 36 F. Resolution 7185, Step Increase for Heidi Heller, Mounds View Planning 37 Associate 38 39 Interim City Administrator Ericson read Resolution 7185. 40 41 MOTION/SECOND: Mueller/Hull. To Approve Resolution 7185, Step Increase for Heidi 42 Heller, Mounds View Planning Associate. 43 44 Ayes – 4 Nays – 0 Motion carried. 45 Mounds View City Council November 13, 2007 Regular Meeting Page 5 8. CONSENT AGENDA 1 2 A. Item Removed 3 B. Set a Public Hearing for Monday, November 26, 2007, at 7:05 p.m. to 4 Consider the Introduction and First Reading of Ordinance 785, a Tree 5 Preservation & Landscaping Ordinance 6 C. Set a Public Hearing for Monday, December 10, 2007 at 7:10 p.m. to 7 Consider the Second Reading and Adoption of Ordinance 800, Revising 8 Section 12.13 of the Mounds View City Charter Pertaining to Miscellaneous 9 and Transitory Provisions 10 D. Resolution 7090 Approving a Service Contract for the City Hall Elevator 11 E. Resolution 7181 Approving a Contract Award for the 2008, 2009, and 2010 12 Residential Water Service Repair Program 13 14 Acting Mayor Stigney removed Item D for discussion. 15 16 MOTION/SECOND: Mueller/Flaherty. To Approve Consent Agenda Items B, C and E as 17 Presented. 18 19 Ayes – 4 Nays – 0 Motion carried. 20 21 D. Resolution 7090 Approving a Service Contract for the City Hall Elevator 22 23 Acting Mayor Stigney indicated that he feels that for the amount of elevator usage the City Hall 24 experiences he feels that it would be possible to have an annual or semi-annual contract, rather 25 than quarterly. 26 27 Public Works Director Lee indicated that Staff asked the bidders and none of them do annual or 28 semi annual maintenance. 29 30 MOTION/SECOND: Mueller/Hull. To Postpone to Allow Staff Time to Research Semi-Annual 31 or Annual Maintenance Contracts. 32 33 Council Member Flaherty asked if Staff knows what the state and federal regulations for testing 34 are. He then said that it may require quarterly testing. 35 36 Acting Mayor Stigney indicated that a “no load” test is required annually. 37 38 Council Member Flaherty said that he would not want there to be the potential of any issues with 39 the elevator over $97.00 per quarter. He then said that he would like the Staff to follow state or 40 federal guidelines and let that dictate the type of contract the City enters into. 41 42 Ayes – 4 Nays – 0 Motion carried. 43 44 Mounds View City Council November 13, 2007 Regular Meeting Page 6 9. JUST AND CORRECT CLAIMS 1 2 Council Member Flaherty asked for clarification on the costs for the Highway 10 Trailway 3 Project. 4 5 Public Works Director Lee provided an explanation. 6 7 MOTION/SECOND: Mueller/Flaherty. To Approve Just and Correct Claims as Presented. 8 9 Ayes – 4 Nays – 0 Motion carried. 10 11 10. APPROVAL OF MINUTES 12 13 A. September 24, 2007 City Council Meeting 14 15 Council Member Flaherty: On Page 8, asked for clarification of the statement of Mr. Lee. 16 17 Public Works Director Lee indicated it was correct. 18 19 MOTION/SECOND: Flaherty/Hull. To Approve the September 24, 2007 City Council Meeting 20 Minutes as Amended. 21 22 Ayes – 4 Nays – 0 Motion carried. 23 24 Interim City Administrator Ericson explained that Mayor Marty had submitted some changes to 25 Staff and those will be included. 26 27 11. REPORTS 28 29 A. Mayor and Council 30 31 None. 32 33 B. Reports of Staff 34 1. Report Concerning Potential Development at Mermaid 35 36 Interim City Administrator Ericson provided a report and update on the plans proposed by the 37 Halls with regard to the Mermaid. Staff has explained to the Halls that a new plat would be 38 required to create the one acre lot that is being offered for sale. Staff will continue to monitor the 39 site and provide information to Council when it becomes available. 40 41 Mounds View City Council November 13, 2007 Regular Meeting Page 7 2. Review Charter Commission Correspondence 1 2 Interim City Administrator Ericson explained that the Charter Commission has asked that 3 Council review the letter relating to charter language for potential changes or clarifications. 4 Interim Administrator Ericson reviewed the language concerns with the Council. 5 6 Council agreed to a joint meeting or work session with the Charter Commission to discuss the 7 issues raised. 8 9 3. Police Department Quarterly Report 10 11 Chief Sommer reviewed the statistical information from his quarterly report. 12 13 Council Member Mueller asked where the gun safety course was held. 14 15 Chief Sommer said he was not sure if it was at City Hall or the Community Center but said that 16 12 to 15 students attended. 17 18 Council Member Mueller asked Staff to put information in the Mounds View Matters on the 19 spring training. She then asked Staff to post the police information on the website. 20 21 Council Member Flaherty indicated that there was a spike in DWI arrests and he is wondering 22 what that is attributed to. 23 24 Chief Sommer indicated that this is due to additional training and enforcement and an increased 25 emphasis on the serious issue with drinking and driving. 26 27 4. Finance Department Quarterly Report 28 29 Finance Director Beer provided an overview of the quarterly financial report for Council. 30 31 Council Member Mueller asked about residential property taxes and what happens to those on 32 homes that are vacant or foreclosed upon. 33 34 Finance Director Beer explained that no taxes are paid until the home is sold and the taxes caught 35 up. 36 37 5. Library Fiber Optic 38 39 Finance Director Beer explained that the up front money was able to be increased to $8,500. 40 Staff provided a draft of the agreement for Council review. 41 42 Acting Mayor Stigney indicated that he feels that the increase should be changed annually. 43 44 Mounds View City Council November 13, 2007 Regular Meeting Page 8 Finance Director Beer explained that the library is trying to keep its contracts consistent and that 1 is why the up front costs were increased, to allow for more stabilized costs for the life of the 2 agreement. 3 4 Interim City Administrator Ericson handed out information prepared by the Housing Inspector 5 regarding a summary abatement on Hillview Road. On November 2, 2007 the issue with not 6 having garbage service was handled immediately by Staff and the situation was abated. 7 8 Council Member Mueller thanked Staff for jumping on this to get this cleaned up. 9 10 Finance Director Beer provided information on the fee schedule with regard to sanitary sewer 11 rates and a residential equivalent connection. He then reviewed the information and his proposal 12 to correct the issue and require an increase in commercial rates. 13 14 Council agreed to add the increase to the Fee Schedule. 15 16 C. Reports of City Attorney 17 18 None. 19 20 12. Next Council Work Session: Monday, December 3, 2007, at 7:00 p.m. 21 Next Council Meeting: Monday, November 26, 2007 at 7:00 p.m. 22 Truth-in-Taxation Hearing: Monday, December 3, 2007 at 6:00 p.m. 23 24 13. ADJOURNMENT 25 26 The meeting was adjourned at 8:39 p.m. 27 28 Transcribed by: 29 30 31 Joan Lenzmeier, Recording Clerk 32 TimeSaver Off Site Secretarial, Inc. 33 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: 11/26/07 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 6:05pm 1. 6:05pm EXECUTIVE SESSION IS CALLED TO ORDER 2. ROLL CALL: Mayor Marty, Council Members Stigney, Flaherty, Hull and Mueller and Interim City Administrator Jim Ericson. 3. EVALUATION OF AN INDIVIDUAL SUBJECT TO THE COUNCIL’S AUTHORITY Mounds View City Council evaluated the Assistant to the City Administrator job classification. 4. 6:53pm MEETING ADJOURNED Respectfully Submitted: Jim Ericson Interim City Administrator Item No. 11B Meeting Date: December 10, 2007 Type of Business: Reports City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: City Administrator Salary Survey At the December Work Session, Staff was directed by the City Council to conduct a salary survey of the comparable cities as listed in the 2006 Salary Compensation Study completed by Laumeyer and Associates. Attached is a spreadsheet which outlines the range minimum and maximums of comparable cities. These are 2007 salary numbers, and compare the City Administrator 2007 range minimum/maximums of comparable cities to the 2007 Mounds View City Clerk/Administrator pay scale. The 2007 top salary of the Mounds View City Administrator position is currently $48.56/hour and the average top salary of all comparable cities is $50.31/hour. At the November 13, 2007, City Council Meeting, the City Council authorized a 3% cost of living increase for all non-union employees. This cost of living increase would include the Mounds View City Clerk/Administrator position. The 2008 top salary range for the City Clerk/Administrator position will be $50.02/hour and the minimum salary range will be $40.02. Staff needs direction on whether to proceed with the current 2008 pay scale for the City Administrator or to revise the pay scale to adjust for market. Respectfully submitted, Desaree Crane