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HomeMy WebLinkAboutAgenda Packets - 2020/07/27CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, July 27, 2020 6:30 p.m. Virtual Meeting Please click the link below to join the webinar: https://us02web.zoom.us/j/86875461546?pwd=UVh2cG9YL1dLTHNXcXdyWmJ ncCtyUT09 Passcode: 083671 Or iPhone one-tap : US: +13017158592,,86875461546# or +13126266799,,86875461546# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 Webinar ID: 868 7546 1546 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Mueller, Gunn, Hull, Meehlhause, Bergeron 4. APPROVAL OF AGENDA 5. CONSENT AGENDA A. Approval of Minutes: July 13, 2020 B. Just and Correct Claims C. Resolution 9292 Rescind Affirmative Action Plan 6. PUBLIC COMMENT 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. 7. SPECIAL ORDER OF BUSINESS 8. COUNCIL BUSINESS A. Resolution 9293 Amend CTV JPA 9. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Public Works Director A. Permit Fee Reduction – Silver Lake Woods Townhomes 2. City Administrator/Assistant City Administrator/Community Development A. Skyline Property – Go Back to Market C. Reports of City Attorney 10. NEXT COUNCIL WORK SESSION: Monday, August 3, 2020 at 6:30 pm NEXT COUNCIL MEETING: Monday, August 10, 2020 at 6:30 pm 11. ADJOURNMENT PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 July 13, 2020 6 Mounds View City Hall 7 2401 Mounds View Boulevard, Mounds View, MN 55112 8 6:30 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 Mayor Mueller reported this meeting would be held virtually due to the COVID-19 pandemic. 14 15 2. PLEDGE OF ALLEGIANCE 16 17 3. ROLL CALL: Bergeron, Gunn, Meehlhause, Mueller 18 19 NOT PRESENT: Hull (excused). 20 21 4. APPROVAL OF AGENDA 22 A. Monday, July 13, 2020, City Council Agenda. 23 24 City Administrator Zikmund requested an item be added under the City Administrator’s Report to 25 allow him to discuss Snap Market. 26 27 MOTION/SECOND: Gunn/Bergeron. To Approve the Monday, July 13, 2020, agenda as 28 amended adding Snap Market under the City Administrator’s Report. 29 30 A roll call vote was taken. 31 32 Ayes – 4 Nays – 0 Motion carried. 33 34 5. CONSENT AGENDA 35 36 Mayor Mueller asked to remove Item 5A. 37 38 A. Approval of Minutes: June 22, 2020. 39 B. Just and Correct Claims. 40 41 MOTION/SECOND: Meehlhause/Bergeron. To Approve the Consent Agenda as amended. 42 43 A roll call vote was taken. 44 45 Mounds View City Council July 13, 2020 Regular Meeting Page 2 Ayes – 4 Nays – 0 Motion carried. 1 2 A. Approval of Minutes: June 22, 2020. 3 4 Mayor Mueller requested a change to the minutes on Page 2, Line 9 stating the line should read: 5 She reported the City, as recently as September 2019, reviewed all of its policies. 6 7 Mayor Mueller requested a change to the minutes on Page 3, Line 19 stating the line should read: 8 noted funds could be distributed to cities to assist businesses with losses. 9 10 MOTION/SECOND: Mueller /Gunn. To Approve the June 22, 2020 City Council Meeting 11 Minutes as amended. 12 13 A roll call vote was taken. 14 15 Ayes – 4 Nays – 0 Motion carried. 16 17 6. PUBLIC COMMENT 18 19 None. 20 21 7. SPECIAL ORDER OF BUSINESS 22 A. John Connelly, Twin Cities North Chamber – Business Update/COVID 23 Impacts. 24 25 John Connelly, Twin Cities North Chamber, thanked the Council for their time. He updated the 26 Council on how businesses were being impacted by COVID. He was pleased that he was seeing 27 optimism amongst business owners even through the challenges within the current environment. 28 He indicated the retail and hospitality industries were taking a hard hit. He stated patio and 29 outdoor dining was helping restaurants remain open at this time. He appreciated the fact that 30 Mounds View had eased liquor license fees for its local license holders. 31 32 Mr. Connelly explained he was now calling on local businesses and appreciated the fact he could 33 speak with business owners in person to learn how they were adapting. He commented on the 34 conversations he had with Mounds View business owners. He discussed how the economy would 35 continue to be impacted in the short term. He encouraged the City of Mounds View to consider 36 using CARES Act dollars to promote local businesses inviting people to visit in hopes they will 37 spend dollars in the community. 38 39 Mayor Mueller thanked Mr. Connelly for his presentation. 40 41 Council Member Meehlhause asked if the City’s CARES Act dollars could be used to assist local 42 businesses. Finance Director Beer reported these dollars could be provided to local businesses to 43 assist with covering the expense of PPE. 44 45 Mounds View City Council July 13, 2020 Regular Meeting Page 3 Council Member Meehlhause questioned if the City could use these dollars to promote businesses 1 in Mounds View. Finance Director Beer stated this may be a stretch noting the dollars must be 2 spent on COVID-related matters. However, it was explained the dollars could be granted to local 3 businesses and these businesses could prioritize the use of the funds. He commented further on 4 the City of Fort Worth’s tiered business funding program. City Administrator Zikmund explained 5 it would take the City some time to sort through how the CARES Act funds can be utilized by the 6 City. He reported this matter would be further discussed at the August worksession. He indicated 7 the City would have until November 15th to distribute the funds. 8 9 Mr. Connelly commented further on how he recommended the CARES Act dollars could be used 10 to assist in spurring local economies. He stated the sooner the City can distribute these dollars the 11 better. 12 13 B. Police Chief Nate Harder – Second Quarter Report. 14 15 Police Chief Harder provided the Council with a summary of the second quarter report from the 16 Mounds View Police Department. He discussed the challenges the department faced during the 17 second quarter which had to do with COVID-19 and civil unrest. He explained traffic stops were 18 down tremendously along with TZD stops. He anticipated TZD patrols would begin again in 19 August. He commended his staff for adapting to the ever changing environment. He stated 20 community outreach was not possible right now due to the pandemic and he understood the 21 community missed these opportunities. He thanked the Council for their time and stated he was 22 available for questions or comments. 23 24 Council Member Meehlhause thanked the Police Chief for his report and stated he understood 25 why the numbers differed in the second quarter compared to the first quarter. He indicated this 26 was a very difficult time and he appreciated the efforts of the entire Police Department. 27 28 Council Member Bergeron stated it has been extremely difficult for people who have been 29 homebound due to COVID. He explained he couldn’t imagine how difficult the past four months 30 have been on the Police Department having to go to work and work through the pandemic. He 31 commended the Police Department for their tremendous efforts on behalf of the entire 32 community. 33 34 Council Member Gunn thanked Police Chief Harder for his strong leadership and the entire 35 department for their service to the community. She asked if the Police Department had held 36 interviews. Police Chief Harder explained interviews were held and the department had a first 37 candidate and second candidate in mind. He reported the department would be holding off on 38 hiring at this time until further information was made available from the school district. He 39 indicated he had applied for a full-time DUI grant in the event the school district were to pull its 40 SRO’s. 41 42 Mayor Mueller stated she anticipates more civil unrest will occur in the near future. She 43 questioned if additional SWAT or riot training could be offered to Mounds View Police Officers. 44 She indicated the National Guard may be a good resource for this training. Police Chief Harder 45 Mounds View City Council July 13, 2020 Regular Meeting Page 4 explained the police and military training ar e very different. He commented there was training 1 available but noted this was difficult to complete due to COVID. 2 3 Mayor Mueller thanked Police Chief Harder for his presentation, all of his efforts on behalf of the 4 City of Mounds View and for keeping the community safe. 5 6 8. COUNCIL BUSINESS 7 A. Resolution 9290, Authorize Sanitary Sewer Manhole Repairs. 8 9 Public Works Director Peterson requested the Council authorize sanitary sewer manhole repairs. 10 He stated after routine inspections, staff found three manholes that require maintenance. He 11 reviewed the estimates he received for the work needed and recommended the Council approve 12 the low bid, which was submitted by Thul Specialty Contracting of Elk River. 13 14 MOTION/SECOND: Meehlhause/Bergeron. To Waive the Reading and Adopt Resolution 15 9290, Authorize Sanitary Sewer Manhole Repairs. 16 17 A roll call vote was taken. 18 19 Ayes – 4 Nays – 0 Motion carried. 20 21 B. Resolution 9291, Authorize Repairs to Unit #723 - Backhoe. 22 23 Public Works Director Peterson requested the Council authorize repairs to Unit #723, which was 24 the Public Works Department’s Caterpillar backhoe. He reported this unit was scheduled to be 25 replaced in 2020. However, because the unit had a low amount of hours and was in excellent 26 working condition, staff r ecommended the unit be overhauled instead. Staff reviewed the quote 27 from Ziegler Cat and requested the Council authorize the repairs. 28 29 Council Member Meehlhause questioned what a new backhoe would cost. Public Works Director 30 Peterson estimated the cost would be $150,000 to $200,000. 31 32 Mayor Mueller asked if the backhoe repairs would be completed in Mounds View or if it would 33 be transferred to Ziegler. Public Works Director Peterson stated the estimate from Ziegler 34 included transfer to and from their site for the necessary repairs. 35 36 MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 9291, 37 Authorize Repairs to Unite #723 - Backhoe. 38 39 Mayor Mueller thanked the Public Works Department for taking such good care of its equipment 40 so that the useful life can be extended. 41 42 A roll call vote was taken. 43 44 Ayes – 4 Nays – 0 Motion carried. 45 Mounds View City Council July 13, 2020 Regular Meeting Page 5 1 9. REPORTS 2 A. Reports of Mayor and Council. 3 4 Council Member Meehlhause reported he would be attending a Twin Cities Gateway Executive 5 Committee and Board meeting next Tuesday. The Executive Committee will discuss a succession 6 plan for the Executive Director. 7 8 Council Member Bergeron stated he would be attending a virtual hybrid Cable Commission 9 meeting on Thursday evening. 10 11 Mayor Mueller indicated she missed the Ramsey County League of Local Government meeting 12 last Friday morning noting she did not receive a Zoom link for the meeting. 13 14 Mayor Mueller explained she virtually attended the City of Independence Council meeting last 15 Tuesday to present an Elected Leadership Award to Lynn Betz from the Minnesota Women in 16 City Government. 17 18 Mayor Mueller stated she was proud of the fact the City had achieved Step 2 in the GreenStep 19 Cities Initiative. 20 21 Mayor Mueller reported at the end of May there was a house fire in Mounds View where Darrell 22 Lego, Sr. passed away and his wife Sandra was rescued but recently passed from a heart attack. 23 She explained the home was a total loss. She sent her condolences to the Lego family. 24 25 B. Reports of Staff. 26 27 Assistant City Administrator Beeman reported staff received training on the new web design 28 today. He reported staff hoped to have the City’s new website launched next week. 29 30 Public Works Director Peterson reported crack filling was completed in the City and seal coating 31 would occur in the next few weeks. He noted the Street Improvement Project was ahead of 32 schedule and curbing would be installed later this week. He indicated the water treatment 33 rehabilitation project was behind schedule due to COVID-19 and the hot weather. 34 35 Public Works Director Peterson updated on the Council on the improvements occurring at City 36 Hall and noted the new front entrance should be completed next week. 37 38 City Administrator Zikmund reported work began on Tommy’s Car Wash today. 39 40 1. City Administrator. 41 a. Easement Parcel Purchase Price Discussion 42 43 City Administrator Zikmund stated BioClean reached out to staff and would like to acquire the 44 easement parcel. He noted the courts have opened back up and a hearing will be held on Friday, 45 Mounds View City Council July 13, 2020 Regular Meeting Page 6 July 17th. Staff anticipated the land would be awarded to the City. He asked if the Council wanted 1 to set a price on the easement parcel higher than the legal costs that have been incurred. 2 3 Council Member Bergeron supported the City simply recouping its costs. The Council was in 4 agreement. 5 6 b. LGU Update 7 8 City Administrator Zikmund indicated staff was able to work with Stantec on the six things the 9 City needs to complete, noting four items have already been completed. He reported the City’s 10 stormwater management plan needs to be updated. He stated the plan would be for staff to bring 11 all of this information forward to the Council at the August worksession meeting. 12 13 c. Snap Market 14 15 City Administrator Zikmund reported staff was contacted by a company that wants to run an adult 16 daycare facility out of the Snap Market property. He stated this use would meet City Code but 17 noted parking may be a concern. He questioned if the Council supported this use. 18 19 Council Member Gunn explained this would be a good fit for this property. She discussed how 20 adult daycares operated and commented she did not believe parking would be a concern on this 21 site. 22 23 Council Member Bergeron commented on a discussion he had with Assistant City Administrator 24 Beeman regarding the City’s parking requirements. Assistant City Administrator Beeman 25 discussed the City’s parking requirements and how these requirements had kept some businesses 26 from moving into Mounds View. He indicated it would be a good idea for the City Council to 27 review its parking ratios at a future worksession meeting. 28 29 Council Member Bergeron supported the Council addressing this issue and stated he agreed with 30 Council Member Gunn noting most of the traffic would be in and out and would not remain on 31 the site. 32 33 Mayor Mueller questioned what the hours of operation would be for the adult daycare. City 34 Administrator Zikmund stated he could only speculate and anticipated the hours would be similar 35 to a childcare facility which were 6:00 a.m. to 6:00 p.m. 36 37 Council Member Meehlhause supported the Snap Market being utilized and explained this may be 38 a use that was greatly needed in the community. 39 40 10. Next Council Work Session: Monday, August 3, 2020, at 6:30 p.m. 41 Next Council Meeting: Monday, July 27, 2020, at 6:30 p.m. 42 Mounds View City Council July 13, 2020 Regular Meeting Page 7 1 11. ADJOURNMENT 2 3 The meeting was adjourned at 7:44 p.m. 4 5 Transcribed by: 6 7 Heidi Guenther 8 Minute Maker Secretarial 9 THIS PAGE LEFT BLANK INTENTIONALLY The Mounds View Vision A Thriving Desirable Community Item No: 5.C. Meeting Date: July 27, 2020 Type of Business: Consent Agenda Administrator Review ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Rayla Sue Ewald, Human Resources Coordinator Item Title/Subject: Resolution 9292 Revising the Equal Employment Opportunity Policy in the City’s Personnel Manual Introduction: Section 1.01 of the Personnel Manual requires updating, revising the Equal Employment Opportunity Policy. Discussion: Staff and legal have discussed Section 1.01 of the Personnel Manual and concur since the City has no state or federal contracts requiring the City to maintain an Affirmative Action Plan (AAP), the wording should be removed from the manual. T he revision would include updating the Equal Employment Opportunity policy wording recommended by the League of Minnesota Cities with regard to all employees and applicants for employment. Strategic Plan Strategy/Goal: This addresses the City Council goal to implement HR policies. Financial Impact: None. Recommendation: Staff recommends approval of Resolution 9292 Revising the Equal Employment Opportunity Policy in the City’s Personnel Manual. _________________________ Rayla Sue Ewald Human Resources Coordinator 1 RESOLUTION NO. 9292 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REVISING THE EQUAL OPPORTUNITY POLICY IN THE CITY’S PERSONNEL MANUAL WHEREAS, Section 1.01 of the Personnel Manual for the City of Mounds View contains a provision outlining the City’s Equal Employment Opportunity Policy; and WHEREAS, pursuant to the express terms of the Personnel Manual, the City reserves the right, at its discretion, to change or terminate any provision of the Personnel Manual or to add new provisions at any time without prior notification, and WHEREAS, the City currently has no State or Federal contracts requiring the City to maintain an affirmative action policy, and WHEREAS, it is in the best interest of the City for the Equal Employment Opportunity Policy to be revised to reflect the City’s past practices as well as to include wording recommended by the League of Minnesota Cities with regard to equal employment opportunities for all employees and applicants for employment. NOW, THEREFORE, BE IT RESOLVED , that the Mounds View City Council approves as follows: 1. The recitals set forth in this resolution are incorporated into and made a part of this resolution. 2. Section 1.01 of the Mounds View Personnel Manual is hereby revised and replaced with Exhibit A. 3. The City Administrator, staff and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this resolution. Adopted this 27th day of July, 2020. ____________________________________ Carol A. Mueller, Mayor ATTEST: ____________________________________ Nyle Zikmund, City Administrator (SEAL) 1 EXHIBIT A Section 1.01 Equal Employment Opportunity Policy The City of Mounds View provides equal opportunities to all employees and applicants for employment. The City will not discriminate, harass, nor retaliate against any employee or applicant for employment on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, or membership on a local human rights commission or lawful participation in the Minnesota Medical Cannabis Patient Registry. For more information on your rights, please visit: www.eeoc.gov, www.gov/mdhr, www.dol.gov or www.doli.state.mn.us. Persons who believe that he or she has been subjected to discrimination shall report the discrimination to his or her direct supervisor. If the direct supervisor is the source of the complaint or otherwise not suitable, then reports may be made to Human Resources. If Human Resources does not adequately respond to the report, then person(s) may proceed to the City Administrator. If the City Administrator is the source of the complaint or otherwise not suitable, then a report may be made to the City’s appointed City Attorney. The City will take appropriate action to ensure that all employment practices are free of such discrimination. Employment practices include, but are not limited to, hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Staff Report Item 08A June 22 , 2020 Page 1 The Mounds View Vision A Thriving Desirable Community Item No : 08A Meeting Date : June 27, 2020 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Resolution 9293, Resolution Approving Amending North Suburban Communications Agreement Introduction: On July 16, 2020, the North Suburban Communications Commission voted to update the Joint Powers Agreement to include the following: Under section II, General Purpose, “public, educational, and governmental” was spelled out to explain PEG. Also added in section II was “local community media, including cable television” programming. The purpose of this was to broaden the language to include beyond cable programming. Section V.1, “geographically contiguous to any of these named municipalizes and” was removed. Section V.4 “a majority of the members” was added, and “five” was removed. This makes the document more evergreen as membership changes. This change was also done in section 6 and 8. Section V.8 “Unless otherwise required herein, all official actions of the Commission must receive two-thirds (2/3) of all the authorized votes cast on that issue at a duly constituted meeting of the Commission and the affirmative vote of a majority of the appointed directors present and voting. Abstentions shall not be considered authorized votes cast. Discussion: The goal is to adopt the recently updated Joint Powers Agreement that will make it possible to include non-geographically contiguous cities. As Franchise Fees continue to be attacked, we need to increase our services in order to remain operative. Strategic Plan Strategy/Goal: A progressive City that is welcoming, and a desirable destination to all ages & cultures, who seek progress through partnerships, and a place where residents can work, live, and play safely and show pride in the community Staff Report Item 08A June 22 , 2020 Page 2 The Mounds View Vision A Thriving Desirable Community Financial Impact: None. Recommendation: Staff recommends approval Resolution 9293. Respectfully submitted, _____________________ Nyle Zikmund City Administrator Revised 2020 AMENDED NORTH SUBURBAN COMMUNICATIONS COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS FRANCHISES I. PARTIES The parties to this Agreement are governmental units of the state of Minnesota. This Agreement is made pursuant to Minnesota statutes Section 471.59, as amended. II. GENERAL PURPOSE The general purpose of this Agreement is to establish an organization to administer and enforce the respective cable franchises of the parties; to administer the procedure for the renewal of the existing cable franchises and the procedure for the award of new cable franchises; to promote, coordinate, administer and develop public, educational, and governmental (PEG) access cable television channels and local community media, including cable television programming; and to conduct such other activities authorized herein as may be necessary to establish and enforce consumer protection standards for cable subscribers of the members of the organization. III. NAME The name of the organization is the North Suburban Communications Commission (NSCC). IV. DEFINITION OF TERMS Section 1. For the purposes of this Agreement, the terms defined in this Article shall have the meanings given to them. Section 2. “Commission” means the Board of Directors created pursuant to this Agreement. Section 3. “Council” means the governing body of a member. Section 4. “Franchise” means that cable communications franchise granted by all cities listed in Article V, section 1. Section 5. “Grantee” means any person or entity to whom a franchise has been granted by a member. Section 6. “Member” means a municipality which enters into this Agreement. Section 7. “System” means that cable communications system more specifically defined in the Franchise Ordinance of the Member. Deleted: 2 V. MEMBERSHIP Section 1. The municipalities of Arden Hills, Falcon Heights, Little Canada, Lauderdale, Mounds View, New Brighton, North Oaks, Roseville, and St. Anthony are eligible to be the Members of the Commission. Any municipality geographically contiguous to any of these named municipalities and served by a cable communications system through the same Grantee may become a Member pursuant to the terms of this Agreement. Section 2. Any municipality desiring to become a Member shall execute a copy of this Agreement and conform to all requirements herein. Section 3. The initial Members shall be those municipalities listed in Section 1 of this Article V. Section 4. Municipalities desiring to become Members after the date specified in Article V; Section 3, may be admitted by an affirmative vote of two-thirds (2/3) of the votes of the Members of the Commission, with at least a majority of the Members five (5) Members voting in the affirmative. The Commission may, by resolution, impose conditions upon the admission of additional members. VI. DIRECTORS; VOTING Section 1. Each Member shall be entitled to one (1) director to represent it on the Commission. Each director is entitled to vote in direct proportion to the percent of annual revenues attributable to the municipality represented by the director to the total annual revenues of the system for the prior year rounded to the nearest whole number, provided, however, that each director shall have at least one vote. For the purposes of this section, the annual revenues for each Member and the total annual system revenues as of December 31 of each year shall be determined by the records of the cable operator filed with the Commission with the annual franchise fee. Prior to the first Commission meeting in March of each year, the Secretary/Treasurer of the Commission shall determine the number of votes for each Member in accordance with this section and certify the results to the Chair. Section 2. A director shall be appointed by resolution of the Council of each Member. A director shall serve until a successor is appointed. Directors shall serve without compensation from the Commission. Section 3. Each Member may appoint an alternate director or directors. The Commission, in its By-Laws, may prescribe the extent of an alternate’s powers and duties. Section 4. A vacancy in the office of director will exist for any of the reasons set forth in Minnesota Statutes Section 351.02 or upon a revocation of a director’s appointment duly filed by a Member with the Commission. Vacancies shall be filled by appointment for the unexpired portion of the term of director by the Council of the Member whose position on the Commission is vacant. 3 Section 5. There shall be no voting by proxy, but all votes must be cast by the director or the duly authorized alternate at a Commission meeting. Section 6. The presence of five a majority of the appointed directors representing a majority of the total authorized votes of all directors shall constitute a quorum, but a smaller number may adjourn from time to time. Section 7. A director shall not be eligible to vote on behalf of the director’s municipality during the time said municipality is in default on any contribution or payment to the Commission. During the existence of such default, the vote or votes of such Member shall not be counted for the purposes of this Agreement. Section 8. Unless otherwise required herein, all official actions of the Commission must receive two-thirds (2/3) of all the authorized votes cast on that issue at a duly constituted meeting of the Commission and the affirmative vote of five a majority of the appointed directors present and voting. Abstentions shall not be considered authorized votes cast. VII. EFFECTIVE DATE Section 1. A municipality may enter into this Agreement by resolution of its council and the duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the municipality shall file a duly executed copy of this Agreement, together with a certified copy of the authorizing resolution, with the Commission. Section 2. This Agreement and any amendments thereto are effective on the date when executed agreements and authorizing resolutions of all of the members named in Article V, Section 1, have been filed as provided in this Article. VIII. POWERS AND DUTIES OF THE COMMISSION Section 1. The powers and duties of the Commission shall include the powers set forth in this Article. Section 2. The Commission may make such contracts, grants, and take such other action as it deems necessary and appropriate to accomplish the general purposes of the organization. The Commission may not contract for the purchase of real estate without the prior authorization of the member municipalities. Any purchases or contracts made shall conform to the requirements applicable to Minnesota statutory cities. Section 3. The Commission shall assume all authority and undertake all tasks necessary to coordinate, administer, and enforce the Franchise of each Member except for that authority and those tasks specifically retained by a Member. Section 4. The Commission may provide for the prosecution, defense, or other Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight 4 participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. It may employ such other persons as it deems necessary to accomplish its powers and duties. Such employees may be on a full time, part-time or consulting basis, as the Commission determines, and the Commission may make any required employer contributions which local governmental units are authorized or required to make by law. Section 5. The Commission may conduct such research and investigation and take such action as it deems necessary including participation and appearance in proceedings of State and Federal regulatory, legislative or administrative bodies, or on any matter related to or affecting cable communication franchises. Section 6. The Commission may obtain from Grantee and from any other source such information relating to the cable communications franchises as any member is entitled to obtain from Grantee or others. Section 7. The Commission may accept gifts, apply for and use grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. Section 8. The Commission shall make an annual, independent audit of the books of the Commission and shall make an annual financial accounting and report in writing to the Members. Its books and records shall be available for examination by the Members at all reasonable times. Section 9. The Commission may delegate authority to its executive committee. Such delegation of authority shall be by motion of the Commission and may be conditioned in such a manner as the Commission may determine. Section 10. The Commission shall adopt By-Laws which may be amended from time to time. Section 11. The Commission shall be responsible for the PEG access channels and local community media, including cable television programming within or for the geographic area of the Member cities of the Commission Should any Member withdraw from the Commission as of the date of any renewal of the Cable Television Franchise Ordinance, or in any year thereafter, the withdrawing Member shall assume all responsibility for PEG access cable television channels and programming within or for the geographic boundaries of the withdrawing municipality, as more specifically delineated in Article XI, Section 3, of this Agreement. Section 12. The Commission may designate an entity or entities to perform any functions the Commission deems necessary relative to the Commission’s responsibility for community programming. The Commission may provide funds, support services, and the use of equipment and property to the designated entity, provided that title to all equipment and property shall not pass to the designated entity without the prior approval of all directors. 5 IX. OFFICERS Section 1. The officers of the Commission shall consist of a chair, a vice-chair, and a secretary/treasurer. Officers of the Commission shall be elected annually for one-year terms. Officers shall be limited to two consecutive one-year terms in a given office. Section 2. A vacancy in the office of chair, vice-chair, or secretary/treasurer shall occur for any of the reasons for which a vacancy in the office of a director shall occur. Vacancies in these offices shall be filled by the Commission for the unexpired portion of the term. Section 3. The three officers shall all be members of the executive committee. Section 4. The chair shall preside at all meetings of the Commission and the executive committee. The vice-chair shall act as chair in the absence of the chair. Section 5. The secretary/treasurer shall be responsible for keeping a record of all of the proceedings of the Commission and executive committee and shall be responsible for custody of all funds, for the keeping of all financial records of the Commission and for such other matters as shall be delegated by the Commission. The Commission may require that the secretary/treasurer post a fidelity bond or other insurance against loss of Commission funds in an amount approved by the Commission, at the expense of the Commission. Said fidelity bond or other insurance may cover all persons authorized to handle funds of the Commission. Section 6. The Commission may appoint such other officers as it deems necessary. All such officers shall be appointed from the membership of the Commission. X. FINANCIAL MATTERS Section 1. The fiscal year of the Commission shall be the calendar year. Section 2. Commission funds may be expended by the Commission in accordance with the procedures established by law for the expenditure of funds by Minnesota Statutory Cities. Orders, checks and drafts must be signed by any two of the officers. Other legal instruments shall be executed, with authority of the Commission, by the chair and secretary/treasurer. Contracts shall be let and purchases made in accordance with the procedures established by law for Minnesota Statutory Cities. Section 3. The financial contributions of the Members in support of the Commission shall be in direct proportion to the percent of annual franchise fee revenues of each Member to the total franchise fee revenues of the System for the prior year multiplied by the Commission’s total annual assessment to the Members. Section 4. A proposed budget for the ensuing calendar year shall be formulated by the Commission and submitted to the Members on or before October 15. Final action adopting a budget for the ensuing calendar year shall be taken by the Commission on or before December 15 of each year. 6 Section 5. Any M ember may inspect and copy the Commission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota Statutory cities. XI. DURATION Section 1. The Commission shall continue for an indefinite term unless the number of Members shall become less than five. The Commission may also be terminated by mutual agreement of all of the Members at any time. Section 2. In order to prevent obligation for its financial contribution to the Commission for the ensuing year, a Member shall withdraw from the Commission by filing a written notice with the Commission by July 1 of any year giving notice of withdrawal effective at the end of that calendar year; and membership shall continue until the effective date of the withdrawal. Prior to the effective date of withdrawal, a notice of withdrawal may be rescinded by October 15 by a Member. If a Member withdraws before dissolution of the Commission, the Member shall have no claim against the assets of the Commission. A Member withdrawing after October 15 shall be obligated to pay its entire contribution for the ensuing year as outlined in the budget of the Commission for the ensuing year. Section 3. Should any Member withdraw from the Commission, the withdrawing member shall assume the responsibilities for PEG access cable television channels and programming within and for the geographic boundaries of the withdrawing municipality as described in Article VIII, section 11, herein. Section 4. In the event of dissolution, the Commission shall determine the measures necessary to affect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this Agreement. Upon dissolution of the Commission, all remaining assets of the Commission, after payment of obligations, shall be distributed among the then existing Members in proportion to the most recent Member-by-Member breakdown of the franchise fee as reported by the Grantee. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs but for no other purpose. 7 IN WITNESS WHEREOF , the undersigned municipality has caused this Agreement to be signed on its behalf this ______ day of ________________________, 2020. WITNESSED BY: ___________________________________of ______________________________________ __________________________________by: ______________________________________ Its: _____________________________ Filed in the office of the NSCC this _________ day of ______________________, 2020. Prepared by: Michael R. Bradley Bradley Law, LLC 2145 Woodlane Drive, Suite 106 Woodbury, MN 55125 (651) 379-0900 mike@bradleylawmn.com RESOLUTION 9293 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AMENDING NORTH SUBURBAN COMMUNITCATIONS AGREEMENT WHEREAS , the Mounds View City Council is a member of the North Suburban Communication Joint Powers Entity; and WHEREAS , Franchise Fees have declined for a variety of reasons; and WHEREAS, North Suburban Communications has services marketable to other communities and entities that would generate revenue to replace that lost; and: WHEREAS, all participant members are being requested to amend the agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View, Minnesota that the City of Mounds View authorizes the Mayor and City Administrator to affixes their signature to amends the North Suburban Communication agreement as attached to this packet at Attachment 1. Adopted this 27th day of July , 2020 . Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, City Administrator (seal)