HomeMy WebLinkAboutAgenda Packets - 2017/10/09CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, October 9, 2017
6:00 p.m.
CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Mueller, Gunn, Hull, Meehlhause, Bergeron
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES
A. September 11, 2017
B. September 25, 2017
6. CONSENT AGENDA
A. Just and Correct Claims
B. Resolution 8833, Approving Severance for Steve Thorp, City Building Official
C. Resolution 8834, Designating the Precinct Locations for the 2018 Primary and
General Elections
D. Resolution 8837 Approving Consent to a New Management Agreement Between
Private Parties for the Operation of the Silver Lake Commons Property
E. Resolution 8838 Approving a Control Room Design Agreement with North Suburban
Access Corporation (CTV15)
F. Resolution 8839 Approving a Revised Position Description for the Public Works
Director Position.
G. Resolution 8842 Approving a Revised Position Description for the Public Works
Supervisor Position
7. 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.
8. SPECIAL ORDER OF BUSINESS - none
9. COUNCIL BUSINESS
A. 6:00 PM Public Hearing, to Receive Public Input and Pass Upon Resolution 8835
Adopting a Special Assessment Levy for Delinquent Public Utility Accounts
B. 6:00 PM Public Hearing, to Receive Public Input and Pass Upon Resolution 8836
Adopting a Special Assessment Levy for Unpaid Diseased Tree Charges
C. Second Reading and Adoption of Ordinance 937, an Ordinance Granting a Cable
Franchise to Comcast of Minnesota, Inc.(ROLL CALL VOTE)
D. Resolution 8840 Authorizing Bjorklund Compensation Consulting LLC. to Perform a
Compensation Market Study for Nonunion Employees and point other positions as
noted in staff memo.
E. Resolution 8841 Supporting Mounds View School District Bond Referendum
F. Resolution 8843 Appointing Maggie Hicks to Police Support Specialist
G. Resolution 8844 authorizing us to hire Kathy Bednar part time to assist in Police
Department.
H. Resolution 8845 Approving Playground Equipment Replacement at City Hall Park
10. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
11. Next Council Work Session: Monday, November 6, 2017
Next Council Meeting: Monday, October 23, 2017
12. ADJOURNMENT
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PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
September 11, 2017
Mounds View City Hall
2401 County Road 10, Mounds View, MN 55112
6:00 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller
NOT PRESENT: None.
4. APPROVAL OF AGENDA
A. Monday, September 11, 2017, City Council Agenda.
MOTION/SECOND: Gunn/Bergeron. To Approve the Monday, September 11, 2017, agenda as
presented.
Ayes — 5 Nays — 0 Motion carried.
5. APPROVAL OF MINUTES
A. August 28, 2017, City Council Meeting Minutes.
Council Member Meehlhause requested a correction on Page 6, Line 2 and 3, changing street
maintenance to read economic development activities.
Council Member Gunn requested a correction on Page 6, Line 7 removing the word the.
Council Member Meehlhause requested a correction on Page 8, Line 17 removing the words
administrative assistant.
Council Member Meehlhause requested a correction on Page 11 requesting notification for the
Crossroad Pointe meeting be posted on Front Door, the City's website and Facebook page.
Mayor Mueller requested a correction on Page 10, Line 12 noting this line should read:
implemented in the City of Coon Rapids.
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Mayor Mueller requested a correction on Page 10, Line 24 requesting this comment read: to wish
him well up north.
MOTION/SECOND: Gunn/Meehlhause. To Approve the August 28, 2017, City Council
meeting minutes as amended.
Ayes — 5 Nays — 0 Motion carried.
6. CONSENT AGENDA
A. Just and Correct Claims.
B. Resolution 8821, Approving a Lease Agreement with Neopost/MailFinance
for a Postage Machine.
C. Set a Public Hearing at 6:00 p.m., September 25, 2017, to Consider the First
Reading and Introduction of Ordinance 937, an Ordinance Granting a Cable
Franchise to Comcast of Minnesota, Inc.
D. Resolution 8823, Authorizing the Advertisement of the Building Official
Position and Approving Temporary Inspection Services.
E. Resolution 8824, Adopting a Special Assessment Levy for Unpaid Sanitary
Sewer Line Repairs at 8071 Woodlawn Drive.
MOTION/SECOND: Meehlhause/Hull. To Approve the Consent Agenda as presented.
Ayes — 5 Nays — 0 Motion carried.
7. PUBLIC COMMENT
David Piskorski, 7878 Woodlawn Drive, asked if the trees on the City -owned property along
Woodlawn Drive and Hillview would be removed. Interim Public Works Director Peterson
stated this lot would be thinned to make room for the power lines, but noted the lot would not be
clear cut.
8. SPECIAL ORDER OF BUSINESS
A. Constitution Week Proclamation.
Mayor Mueller read a proclamation in full for the record declaring September 17-23, 2017 to be
Constitution Week in the City of Mounds View.
9. COUNCIL BUSINESS
A. 6:00 p.m. Public Hearing to Consider Resolution 8826, Approving an Off
Sale 3.2 Liquor License for SNAP Market at 2408 County Road I.
Finance Director Beer requested the Council approve an Off Sale 3.2 liquor license for SNAP
Market which is located at 2408 County Road I. He reported the applicant has submitted all
necessary paperwork and fees. It was noted the license would expire on June 30, 2018. Staff
recommends approval of the request.
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Mayor Mueller opened the public hearing at 6:18 p.m.
Hearing no public input, Mayor Mueller closed the public hearing at 6:18 p.m.
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8826,
Approving an Off Sale 3.2 Liquor License for SNAP Market at 2408 County Road I.
Council Member Meehlhause reported the owners have satisfied all City requirements for the
requested Off Sale 3.2 Liquor License and was pleased to report the applicant has previous
experience in owning and operating a liquor store.
Ayes — 4 Nays — 1 (Mueller) Motion carried.
This item was removed from the agenda.
C. First Reading and Introduction of Ordinance 938, an Ordinance amending
Municipal Code, Section 502 regarding On -Sale Intoxicating Liquor Licenses
for Movie Theaters.
City Planner/Supervisor Sevald explained New Vision Cinema operates the movie theater across
from City Hall. Renovations to the properly are being planned for 2018 which include a new
lobby, recliner seating and a bar within the theater. He stated patrons would be allowed to
purchase drinks at the bar and could be consumed during movies. He discussed the City's liquor
license requirements noting an Ordinance amendment would be required in order to allow a
movie theater to have a bar. Staff provided further comment on the proposed amendment and
recommended the Council introduce the Ordinance.
Council Member Gunn asked where the proposed bar would be located. Brandt Erwin, attorney
for the applicant, stated the bar would be located to one side of the lobby area.
Council Member Gunn questioned if drinks would be able to be brought into the theaters. Mr.
Erwin stated this would be the case.
Council Member Meehlhause inquired how the movie theater would police the underage
consumption of alcoholic beverages within the theaters. Mr. Erwin explained compliance would
be conducted at the point of sale and movie theater employees would have to patrol the theaters
to ensure minors were not consuming the beverages.
Council Member Gunn asked if any local movie theaters have had a problem with their liquor
license. Mr. Erwin commented on the movie theaters that have already obtained a liquor license
and explained there have not been any concerns to date.
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Mounds View City Council September 11, 2017
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Council Member Bergeron questioned if additional employees would be brought on to monitor
the theaters. Kirsten Dillon, General Manager for New Vision Cinema, stated it was her hope the
proposed renovations would bring more business to the theater, which would require the hiring
of additional employees.
Mayor Mueller requested further information on the actions the City would take if liquor were
sold to a minor at the movie theater. Finance Director Beer reviewed the actions that could be
taken by the City if liquor were served to a minor.
Council Member Gunn noted Moe's was located quite close to a school building and noted there
have been no issues.
MOTION/SECOND: Gunn/Meehlhause. To Waive the First Reading and Introduce Ordinance
938, an Ordinance amending Municipal Code, Section 502 regarding On -Sale Intoxicating
Liquor Licenses for Movie Theaters.
Council Member Meehlhause stated he was excited the movie theater had been purchased by an
organization that was interested in renovating this property.
Mayor Mueller questioned if the City knew the hours of operation for the proposed bar in the
movie theater. City Planner/Supervisor Sevald explained the movie theater would have to follow
the hours of operation within City Ordinance.
Ayes — 5 Nays — 0 Motion carried.
D. Resolution 8827, Authorizing Preparation of Feasibility Report and
Pavement and Soil Borings for Program Avenue, Quincy Street, Woodale
Drive, Clifton Drive (AKA Business Park North) Pavement Rehabilitation.
Interim Public Works Director Peterson requested the Council authorize the preparation of a
Feasibility Report along with Pavement and Soil Borings for Program Avenue, Quincy Street,
Woodale Drive, Clifton Drive (AKA Business Park North) Pavement Rehabilitation program.
He discussed the numerous businesses located within Business Park North and noted it would be
important for the City to keep traffic flowing throughout the project area. Staff commented on
the expense for the project and noted this item was included in the 2018 budget and CIP.
Finance Director Beer noted the City would propose to assess the benefiting property owners
12.5% for this project.
Mayor Mueller asked when the soil boring work would be completed. Interim Public Works
Director Peterson reported the soil boring would be completed yet this fall.
Council Member Meehlhause questioned if the City had received any comments from the
business owners on when these streets would be addressed. Interim Public Works Director
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Mounds View City Council September 11, 2017
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Peterson stated he had not received any comments from the business owners.
MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8827,
Authorizing Preparation of Feasibility Report and Pavement and Soil Borings for Program
Avenue, Quincy Street, Woodale Drive, Clifton Drive (AKA Business Park North) Pavement
Rehabilitation.
Mayor Mueller asked if this would be the only street project completed by the City in 2018.
Interim Public Works Director Peterson explained this would be the only street project in 2018.
Council Member Meehlhause stated he was pleased to see these roadways were being planned
for improvement.
Ayes — 5
7. PUBLIC COMMENT
Nays — 0 Motion carried.
Mayor Mueller reopened the meeting for Public Comment.
Linda Stewlow, 2366 Pinewood Circle, apologized for being late to the Council meeting. She
spoke to the SNAP Market liquor license and stated she was disappointed that this request had
been approved. She believed a convenience store did not work at this location. She commented
on the disappointing experiences she had at the previous SNAP Market.
Mayor Mueller explained the property was under new ownership and stated the City did not
anticipate they would have any problems with the new owners. She commented the new owners
had experience running this type of establishment in the metro area.
Council Member Bergeron thanked Ms. Stewlow for bringing her concerns to the City Council.
10. REPORTS
A. Reports of Mayor and Council.
Council Member Gunn stated the Irondale Robotics would be holding a FIRST Fair on Saturday,
September 16`x' from 9:00 a.m. to 2:00 p.m. at the Irondale Gyms. She explained this was a free
event open to the public.
Council Member Gunn reported the I35W Coalition met recently and received an update from
MnDOT. She explained the I35W project was now fully funded and would run from Highway
36 to Lexington Avenue. Full construction of the project would begin in 2019. She stated a
ground -breaking ceremony was being planned for September 2018. It was noted the project was
predicted to take four years to complete.
Council Member Bergeron congratulated the Irondale Knights football team for getting off to
great start for their season.
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Mounds View City Council September 11, 2017
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Council Member Meehlhause stated the YMCA Advisory Committee met today. He provided
the Council with a detailed report from this meeting. He indicated summer programming at the
Y was very well attended. He explained intermural sports for high school students were being
pursued for this fall and stated the Movies in the Park events would be reevaluated for 2018 in
order to improve attendance.
Council Member Meehlhause noted he would be attending an NYFS Executive Committee
meeting on Thursday, a Twin Cities Gateway Board meeting next Tuesday and a NYFS
Personnel Committee meeting on Wednesday. In addition, he would be attending a League of
Minnesota Cities focus group session next Thursday.
Council Member Meehlhause reported there would be a neighborhood meeting on Thursday,
September 21St at the Mounds View Community Center at 6:00 p.m. where the Crossroad Pointe
redevelopment project would be presented. He stated all residents of Mounds View were invited
to attend.
Council Member Meehlhause encouraged residents to attend the Mounds View Lions Annual
Spaghetti Dinner on Thursday, October 19th at the VFW in Spring Lake Park from 4:30 p.m. to
7:00 p.m.
Council Member Gunn stated she would be attending a Cable Commission meeting at 4:00 p.m.
on Thursday, September 21St
Mayor Mueller stated she attended a Five Cities meeting today with Interim City Administrator
Zikmund where the group discussed issues facing each city. She described the sanctuary city
regulations that were passed by Roseville and noted Mounds View would not be passing similar
legislation. She provided further comment on the great care the Mounds View Police Department
took in responding to and connecting with the public regardless of their immigration status.
Lastly, she highlighted the other events occurring within the five -member cities noting the City
of New Brighton would be opening a license bureau at their City Hall.
Mayor Mueller invited the public to attend an Open House meeting on Monday, September 18th
where the reconstruction of Long Lake Road would be addressed by Ramsey County. The
meeting will be held the Mounds View Community Center from 5:00 p.m. to 7:00 p.m.
Mayor Mueller stated Festival in the Park was wonderfully successful this year. She reported the
Festival for 2018 will be held on August lsth. She indicated the next Festival in the Park
Committee meeting would be held on Tuesday, September 19th at 7:00 p.m. at City Hall. Those
interested in helping were encouraged to attend.
Mayor Mueller explained plans were in the works for the City's 60th Anniversary Celebration.
She stated the next brainstorming session for this celebration would be Tuesday, October Yd at
7:00 p.m. at City Hall.
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Mounds View City Council September 11, 2017
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B. Reports of Staff.
Finance Director Beer stated he was contacted by Kennedy & Graven regarding a potential
conduit debt opportunity. He indicated a request was being made for $7.5 million and the City
would receive a fee of 1%. He asked if the Council was interested in pursuing this conduit debt
issuance. The consensus of the Council was to pursue the conduit debt issuance.
Finance Director Beer explained the initial date for the Council retreat would have to be amended
to ensure he and Interim City Administrator Zikmund could both attend. He proposed the
Council retreat be held on Wednesday, October 25'x'. The Council discussed potential Council
retreat dates and recommended the meeting be held on Monday, November 20'h at Random Park
at 6:00 p.m.
Interim Public Works Director Peterson reported the mill and overlay of the parking lots at City
Hall and the Community Center would be completed on Monday, September 18`x' from 5:00 p.m.
to 7:00 p.m. He noted the Area I contractor was working on a punch list.
Interim Public Works Director Peterson provided the Council with an update on the construction
occurring at the new Public Works Facility.
Interim Public Works Director Peterson stated the storm sewer ditch along County Road I and
Silver Lake Road project was being pushed back to November and possibly even 2018.
Interim Public Works Director Peterson invited the public to attend an Open House meeting for
the County Road I project on Monday, September 18a' at the Mounds View Community Center.
He discussed the plans for this project, including the proposed bike lanes, in further detail with
the Council.
Interim Public Works Director Peterson reported he recently applied for a grant and was awarded
$65,000 for a playground. He explained the City had until December 2017 to spend these funds.
Council Member Meehlhause asked if staff any information regarding the anticipated completion
date for the County Road H project. Interim Public Works Director Peterson stated he was
uncertain when this project would be completed.
Mayor Mueller welcomed Interim City Administrator Zikmund to the City.
Interim City Administrator Zikmund expressed his appreciation to the Council for supporting his
employment with the City of Mounds View. He stated he was working to meet with all
department heads and staff members. He explained he would be providing the Council with his
work schedule for the remainder of September.
Interim City Administrator Zikmund stated at the October worksession meeting the Council
would be drafting an agenda for the Council retreat. He provided further comment on the posting
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Mounds View City Council September 11, 2017
Regular Meeting Page 8
that would be placed on the City webpage and with the League of Minnesota Cities for the HR
position.
Mayor Mueller reviewed the dates and times for the upcoming SBM Fire Station Open Houses.
C. Reports of City Attorney.
There was nothing additional to report.
11. Next Council Work Session:
Next Council Meeting:
12. ADJOURNMENT
The meeting was adjourned at 7:48 p.m.
Transcribed by:
Heidi Guenther
TimeSaver Off Site Secretarial, Inc.
Monday, October 2, 2017, at 6:00 p.m.
Monday, September 25, 2017, at 6:00 p.m.
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PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
September 25, 2017
Mounds View City Hall
2401 County Road 10, Mounds View, MN 55112
6:00 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller
NOT PRESENT: None.
4. APPROVAL OF AGENDA
A. Monday, September 25, 2017, City Council Agenda.
MOTION/SECOND: Gunn/Meehlhause. To Approve the Monday, September 25, 2017, agenda
as presented.
Ayes — 5
5. APPROVAL OF MINUTES
None.
Nays — 0 Motion carried.
6. CONSENT AGENDA
A. Just and Correct Claims.
B. Set a Public Hearing at 6:00 p.m., October 9, 2017 to Consider Adopting a
Special Assessment Levy for Delinquent Public Utility Accounts.
C. Set a Public Hearing at 6:00 p.m., October 9, 2017 to Consider Adopting a
Special Assessment Levy for Unpaid Diseased Tree Charges.
D. Resolution 8829, Approving Severance for James Ericson, City
Administrator.
E. Resolution 8831, Approving an Agreement for Building Official Services.
F. Resolution 8830, Approving a Loan Servicing Agreement with Community
Reinvestment Fund.
G. Resolution 8832, Authorizing a Budget Adjustment for Executive Search
Consulting Services.
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Mounds View City Council September 25, 2017
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MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented.
Ayes — 5
7. PUBLIC COMMENT
None.
Nays — 0 Motion carried.
8. SPECIAL ORDER OF BUSINESS
A. Presentation from Ramsey Council Commissioner Mary Jo McGuire.
Ramsey County Commissioner Mary Jo McGuire was unable to attend the City Council meeting.
9. COUNCIL BUSINESS
A. 6:00 p.m. Public Hearing: Introduction and First Reading of Ordinance 937,
an Ordinance Granting a Cable Franchise to Comcast of Minnesota, Inc.
Finance Director Beer requested the Council hold a Public Hearing and introduce an Ordinance
that would grant a Cable Franchise to Comcast of Minnesota. He explained a Second Reading
would be held on October 91h where the Ordinance granting the Cable Franchise would be
approved.
23 Cor Wilson, Executive Director for CTV, provided the Council with a detailed summary of the
24 formal and informal negotiation efforts that occurred between CTV and Comcast. She stated she
25 was pleased to see that both parties had reached an agreement. She noted the term of this
26 franchise was 10 years and indicated franchise fees would continue at 5%. She explained CTV
27 would be paid through PEG fees by Comcast, but noted this amount was slated to be cut by 40%.
28 She reported the City of Mounds View would continue to receive complimentary cable services
29 from Comcast. Further discussion ensued regarding the changes that would occur through the
3o new franchise.
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32 Council Member Bergeron asked what percentage of users had the universal services. Ms.
33 Wilson explained this was a very small percentage and noted only 400 users throughout the
34 fi•anchise opted to have the universal services.
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36 Council Member Bergeron understood that residents of Mounds View took advantage of the
37 local cable channels in order to view City Council meetings.
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39 Council Member Meehlhause questioned if the universal services were free for one year and then
40 came at a cost after that time period. Ms. Wilson stated the universal channels were supposed to
41 be free indefinitely for cable subscribers.
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43 Council Member Meehlhause asked how the new equipment would benefit the City of Mounds
44 View. Finance Director Beer explained the additional equipment would benefit City Hall and the
45 Community Center. Ms. Wilson discussed how the new Hi -Def channels could be utilized by the
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City.
Mayor Mueller opened the public hearing at 6:28 p.m.
David Piskorski, 7878 Woodlawn Drive, stated he was completely ignorant on this topic and
requested further information as to the benefits of the proposed cable franchise. Ms. Wilson
explained the cable franchise was in place because Comcast used public right-of-way in order to
provide their services. She discussed the history of cable commissions and how each has
negotiated a franchise with Comcast. She indicated Mounds View was part of a nine -member
city commission. Council Member Gunn explained how the City collected and used PEG fees.
Hearing no further public input, Mayor Mueller closed the public hearing at 6:33 p.m.
MOTION/SECOND: Gunn/Meehlhause. To Waive the First Reading and Introduce Ordinance
937, an Ordinance Granting a Cable Franchise to Comcast of Minnesota, Inc.
Ayes — 5 Nays — 0 Motion carried.
B. Second Reading and Adoption of Ordinance 938, an Ordinance amending
Municipal Code, Section 502 regarding On -Sale Intoxicating Liquor Licenses
for Movie Theaters (ROLL CALL VOTE).
City Planner/Supervisor Sevald explained New Vision Theaters was planning to renovate their
Mounds View theater and one of the new amenities being proposed was a bar. In order to have a
bar, the movie theater would have to secure a liquor license. He noted there were a number of
theaters in the metro area that operated with a bar. Staff reviewed the City's liquor license
requirements, noting the proposed Ordinance language amendments and recommended approval.
Mayor Mueller asked how the theater would ensure alcohol sales did not occur to minors. Brandt
Erwin, attorney for the applicant, explained protocols would be in place and employees would be
trained to ensure alcohol sales were not made to minors. In addition, the theater would be hiring
new employees to walk through the theaters.
MOTION/SECOND: Meehlhause/Hull. To Waive the Second Reading and Adopt Ordinance
938, an Ordinance amending Municipal Code, Section 502 regarding On -Sale Intoxicating
Liquor Licenses for Movie Theaters.
ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller.
Ayes — 5 Nays — 0 Motion carried.
C. Resolution 8825, Approving a Marketing Agreement with Utility Service
Partners.
Finance Director Beer requested the Council approve a marketing agreement with Utility Service
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Partners. He explained this was a three-year agreement and noted the marketing agreement was
reviewed by Kennedy & Graven.
Council Member Bergeron requested further information on how disputes would be handled.
City Attorney Biggerstaff described how disputes would be managed per the agreement.
Council Member Meehlhause explained the City was considering this agreement because it
would assist residents with very expensive sewer lining repairs.
Council Member Bergeron questioned if the City has had any complaints from residents
regarding line replacements in the past. Finance Director Beer stated the only complaints he
recalled the City receiving was because landscaping had been disturbed and not replaced, which
was part of the agreement.
Mayor Mueller stated she preferred to keep the Resolution as written with the knowledge that the
City will listen closely for any concerns or complaints raised by the public.
MOTION/SECOND: Gunn/Bergeron. To Waive the Reading and Adopt Resolution 8825,
Approving a Marketing Agreement with Utility Service Partners.
Ayes — 5 Nays — 0 Motion carried.
D. Resolution 8828, Accepting a Donation from Bethlehem Baptist Church in
the Amount of $16,170.50 and Approving Distribution of Funds as Specified.
Finance Director Beer requested the Council accept a donation from Bethlehem Baptist Church
and approve the distribution of funds. He commented on the list of donation recommendations
from Pastor Vince and recommended approval of the request.
Mayor Mueller read the full list of donations for the record.
MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 8828,
Accepting a Donation from Bethlehem Baptist Church in the Amount of $16,170.50 and
Approving Distribution of Funds as Specified.
Council Member Meehlhause thanked Bethlehem Baptist for their generous donations to the City
and noted this was the churches second donation of the year.
Council Member Bergeron appreciated the great partnership Bethlehem Baptist had with the
community.
Ayes — 5 Nays — 0 Motion carried.
10. REPORTS
A. Reports of Mayor and Council.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Mounds View City Council September 25, 2017
Regular Meeting Page 5
Council Member Gunn stated the 25th Annual Music of the Night Band Competition would be
held on Saturday, September 30th at Irondale High School at 4:00 p.m. She reported 15 bands
would be featured at this event.
Council Member Gunn explained the SBM Fire Station No. 1 Open House would be held on
Saturday, September 30°i from 1:00 p.m. to 4:00 p.m. She noted there would be a number of
demonstrations.
Council Member Gunn commented the Mounds View Lions would be holding their Annual
Spaghetti Dinner on Thursday, October 19th at the VFW in Spring Lake Park.
Council Member Meehlhause reported he and the Mayor received an email from a resident
related to a child on his street (Hillview) that has a hearing disability. This resident was
requesting a sign be posted on his street to alert drivers. He explained he forward this concern to
staff and a determination was needed from the Council on this matter.
Mayor Mueller thanked Council Member Meehlhause for taking the initiative on this matter. She
questioned if the family with the hearing disabled child would like the sign posted. If this was
the case, she would support the City purchasing and erecting the sign. The Council requested
staff follow up with the family and report back to the Council.
Council Member Meehlhause stated the Twin Cities Gateway Board met last Tuesday. He
provided the Council with an update on the matters discussed by this group.
Council Member Meehlhause indicated he would be attending a Northeast Youth and Family
Services meeting on Thursday, September 281h. He encouraged the public to consider attending
Taste of Northeast a fundraiser for Northeast Youth and Family Services on Thursday, October
5th at 5:30 p.m. at Vadnais Heights Commons.
Mayor Mueller reported she attended a Ramsey County Mayor's meeting on Monday, September
18th where each mayor provided an update on their community. She stated a great deal of their
conversations hinged on transportation.
Mayor Mueller explained she attended the North Metro Mayor's Association Dinner on
Wednesday, September 201h
Mayor Mueller indicated she had the privilege of attending the neighborhood meeting at the
Community Center on Thursday, September 21st where Crossroad Pointe was discussed. She
encouraged the public to continue to provide feedback on this development in order to assist the
Council in making an informed decision.
Mayor Mueller noted the City would be hosting a Work Loss Safety Seminar being sponsored by
the League of Minnesota Cities on Tuesday, September 26th at 8:00 a.m.
Mounds View City Council September 25, 2017
Regular Meeting Page 6
1 B. Reports of Staff.
2 1. Crossroad Pointe (Verbal).
3
4 City Planner/Supervisor provided the Council with a verbal update on Crossroad Pointe. He
5 explained on Thursday, September 21St staff held a neighborhood meeting to discuss potential
6 development options for Crossroad Pointe. He stated 60 residents were in attendance and some
7 of the common themes were with the close proximity of the proposed indoor shooting range to
8 the adjacent residential neighborhood. He requested the Council discuss the proposed
9 development and provide staff with feedback on the proposed indoor shooting range.
10
I 1 Mayor Mueller opened this portion of the meeting up to public comment at 7:23 p.m.
12
13 Hearing no comments from the public, Mayor Mueller asked for comments from the Council
14 regarding the Crossroad Pointe redevelopment.
15
16 Mayor Mueller stated she would like to see the developer move forward with the four-story
17 market rate apartment building and townhomes with the gun club and with another option other
18 than the 16,000 s.f. indoor shooting range. She discussed the history of sporting goods stores in
19 Mounds View and explained that having gum sales in the community was not new to the City.
20 She stated in the end she would like to see the project moving forward.
21
22 Council Member Hull explained he supported the project as well. He indicated he visited a local
23 gun club in Chanhassen and found it to have a social atmosphere that was family friendly. He
24 believed that the gun club would draw people into the community.
25
26 Council Member Gunn agreed and stated she was in favor of the development project with the
27 gun club. She anticipated the proposed use would stand the test of time.
28
29 Council Member Meehlhause commented he has completely changed his stance on this project
30 since first hearing from the developer. He appreciated the fact that the developer talked to the
31 Mounds View Police Chief and noted Police Chief Harder offered his full support to the indoor
32 shooting range. He understood that the indoor range would greatly benefit the Police
33 Department. He explained he visited the gun club in Chanhassen and discussed the decibel
34 requirements for these establishments. He appreciated the fact that alcohol was not allowed in
35 these facilities. He noted he also visited the gun clubs in Robbinsdale and Osseo. He reported
36 Osseo and Robbinsdale have had no issues with their gun clubs. He explained he would now be
37 willing to offer his support to the project with an indoor shooting range.
38
39 Council Member Bergeron thanked staff for providing a very informative neighborhood meeting
40 last Thursday. He commented on how the development has changed each time he has heard from
41 the developer. He supported the developer pursuing other options for the specialty retail space,
42 other than the indoor gun range.
43
44 Interim City Administrator Zilcmund updated the Council on the City Administrator search. He
45 asked if the Council had any feedback on this process. The Council had no additional feedback.
Mounds View City Council September 25, 2017
Regular Meeting Page 7
1
2 Interim City Administrator Zikmund stated the market rate study was complete and reference
3 checks would be conducted by staff. He anticipated staff would be making a recommendation to
4 City Council at their next meeting.
5
6 Interim City Administrator Zikmund explained the Personnel Committee would be meeting to
7 discuss several matters after this meeting.
8
9 Mayor Mueller reported the 60`h Anniversary Committee would be meeting next on Tuesday,
10 October Yd at 7:00 p.m. at City Hall.
11
12 Theresa Cermak, president of Festival in the Park Committee, noted a wrap up meeting was held
13 by the committee and plans were being made for the 2018 Festival. She explained an indoor
14 Festival Craft Show was being planned for Saturday, November 11`h from 9:00 a.m. to 4:00 p.m.
15 at the Community Center. She then discussed the fundraising efforts taking place for the
16 Mounds View Police Federation.
17
18 C. Reports of City Attorney.
19
20 City Attorney Biggerstaff had nothing additional to report.
21
22 11. Next Council Work Session: Monday, October 2, 2017, at 6:00 p.m.
23 Next Council Meeting: Monday, October 9, 2017, at 6:00 p.m.
24
25 12. ADJOURNMENT
26
27 The meeting was adjourned at 7:59 p.m.
28
29 Transcribed by:
30
31 Heidi Guenther
32 TimeSaver Off Site Secretarial, Inc.
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING JUST AND CORRECT
CLAIMS AGAINST CITY FUNDS
WHEREAS, the City of Mounds View, pursuant to Minnesota Statute
412.141, has full authority over the financial affairs of the City and;
WHEREAS, the City Council has reviewed the claim number
18744 throueh 18753 in the amount of $ 68,087.03
141370
141448 in the amount of
TOTAL AMOUNT OF CLAIMS PRESENTED
And has found said claims to be just and correct;
569,247.79
$ 637,334.82
It was moved that the City Council of Mounds View hereby approve the
attached list of claims dated 10/10/2017 by the vote ayes nays.
Finance Director
9/21/2017 2:46 PM DIRECT PAYABLES CHECK REGISTER
PACKET: 01849 09/21/17 OCTOBER HEALTH/D
VENDOR SET: 01 City of Mounds View
BANK: PYBNK Western Bank
VENDOR I.D.
-----------------------
H3000
I-75350344
NAME
-----------------
Health Partners
Health Partners
++ B A N K TO T A L S *+
NO#
REGULAR CHECKS:
1
HANDWRITTEN CHECKS:
0
PRE -WRITE CHECKS:
0
DRAFTS:
0
VOID CHECKS:
0
NON CHECKS:
0
CORRECTIONS:
0
CHECK CHECK
TYPE DATE
---------------
R 9/21/2017
DISCOUNTS
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE: 1
f
CHECK CHECK
DISCOUNT AMOUNT NO# AMOUNT
-----------------------------------------
39,308.89 018744 39,308.89
CHECK AMT
TOTAL APPLIED
39,308.89
39,308.89
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
BANK TOTALS: 1 0.00 39,308.89 39,308.89
9/26/2017 9:29 AM
DIRECT PAYABLES CHECK REGISTER
PACKET:
01851 Ck Date
9-28-17 - 8
0.00
HMDWRITTEN CHECKS:
VENDOR
SET: 01 City of
Mounds View
0
0.00
BANK:
PYBNK Western
Hank
VOID CHECKS:
2
0.00
NON CHECKS:
0
CHECK
CHECK
VENDOR
I.D.
NAME
TYPE
DATE
-----------------------------------------------------------------------------
16,510.82
A3035
AFLAC
175.02
018750
I-51020170928
RD103 AFLAC
R
9/28/2017
M1025
**VOID**
Madison National
Life
018752
I-61020170928
#10805 LTD
R
9/28/2017
M7152
MN Child Support
Payment Center
018753
1-99520170928
Case #0015244278
R
9/28/2017
M7152
MN Child Support
Payment Center
I-99720170928
CASE # 001454401101
R
9/28/2017
M7156
MN Child Support
Payment Center
1-99020170928
9001511549601
R
9/28/2017
P9250
Public Employees
Retirement Ass
,
I-00120170928
PERT, 643400
R
9/28/2017
I-00220170928
PERP 643400
R
9/28/2017
I-01020170928
DCP 643400
R
9/28/2017
*VOID*
018751
VOID CHECK
V
9/28/2017
*VOID=
018752
VOID CHECK
V
9/28/2017
54107
Secure Benefits
Systems Corp.
I-50020170928
Flex Medical
R
9/28/2017
I-50320170928
Flex Daycare
R
9/2B/2017
** B A N K T O T A L S **
NO#
DISCOUNTS
REGULAR CHECKS:
7
0.00
HMDWRITTEN CHECKS:
0
0.00
' PRE -WRITE CHECKS:
0
0.00
DRAFTS:
0
0.00
VOID CHECKS:
2
0.00
NON CHECKS:
0
0.00
CORRECTIONS:
0
0.00
BANK TOTALS:
9
0.00
PAGE: 1
CHECK CHECK
DISCOUNT AMOUNT NO# AMOUNT
95.13
TOTAL APPLIED
018745
95.13
,
520.74
0,00
018746
520.74
0.00
887.86
0.00
018747
887.86
0.00
404.79
018748
404.79
215.04
018749
215.04
9,121.14
018750
16,510.82
018750
175.02
018750
25,806.98
018751
**VOID**
018752
**VOID**
155.00
018753
692.60
018753
847.60
CHECK AMT
TOTAL APPLIED
28,778.14
28,778.14
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
28,778.14 26,778.14
10/05/2017 1:25 PM
VENDOR SET: 01 City of Mounds View
BANK: ALL RANKS
DATE RANGE: 0/00/0000 THRU 99/99/9999
VENDOR I.D. NAME
C -CHECK VOID CHECK
C -CHECK VOID CHECK
C -CHECK VOID CHECK
C -CHECK VOID CHECK
C -CHECK VOID CHECK
C -CHECK VOID CHECK
C -CHECK VOID CHECK
** T 0 T A L S
REGULAR CHECKS:
HAND CHECKS:
DRAFTS:
EFT:
NON CHECKS:
VOID CHECKS:
TOTAL ERRORS: 0
VENDOR SET: 01 BANK: * TOTALS:
BANK: * TOTALS:
A/P HISTORY CHECK REPORT
INVOICE AMOUNT
A PAGE: 1
CHECK AMOUNT
-0
0.00
0.00
0.00
0
CHECK
CHECK
CHECK CHECK
STATUS DATE AMOUNT
DISCOUNT NO
STATUS AMOUNT
- V 10/10/2017
141390
- 0.00
V 10/10/2017
141396
_
V 10/10/2017
141397
0.00
V 10/10/2017
141398
V 10/10/2017
141445
0.00 0.00
V 10/10/2017
141446
NO
V 10/10/2017
141447
CHECK AMOUNT
NO
INVOICE AMOUNT
DISCOUNTS
CHECK AMOUNT
-0
0.00
0.00
0.00
0
0.00
0.00
0.00
0
0.00
0.00
0.00
0
- 0.00
0.00
0.00
0
0.00
0.00
0.00
7 VOID DEBITS
0.00
VOID CREDITS
0.00 0.00
0.00
NO
- INVOICE AMOUNT
DISCOUNTS
CHECK AMOUNT
7
0.00
0.00
0.00
7
0.00
0.00 -
0.00
10/05/2017 1:25 PM
A/P HISTORY CHECK REPORT
PAGE:
2
VENDOR
SET: 01 City of
Mounds View
BANK:
APBNK US Bank
DATE RANGE: 0/00/0000 THRU
99/99/9999
CHECK
CHECK
CHECK CHECK
VENDOR
I.D.
NAME
STATUS DATE
AMOUNT
DISCOUNT NO
STATUS AMOUNT
08112
Barstow Automotive and Towing
1-201709216251
Command Vehicle
R 9/22/2017
141370
100 4200-5130
REPAIRS, EQUIPMENT
Command Vehicle
320.00
320.00
M7500
MN Dept of Public Safety
I-201709276252
Plates -2013 Ford Sudan PD #131
R 9/28/2017
141371
100 4465-1600
OPERATING SUPPLIES
Plates -2013 Ford Sud
25.00
25.00
00314
Fire Services Consulting
I-201710026253
Interim City Admin, Sept
R 10/10/2017
141372
100 4130-3030
OTHER PROFESSIONAL SERVICES
Interim City Admin,
5,350.00
5,350.00
03115
St. Paul Utilities Excavating,
I-2017-00657
St. Opening Deposit Refund
R 10/10/2017
141373
730 2327
STREET DEPOSIT
St. Opening Deposit
5,000.00
-
5,000.00
15120
Shield616
I-201710026254
Protective Gear MVPD
R 10/10/2017
141374
100 3650
DONATIONS
Protective Gear MVPD
6,500.00
6,500.00
80236
Jonathan Sevald
-
I-201710046271
MN APA Conf. J.Sevald
R 10/10/2017
141375
100 4180-3630
TRAINING & CONFERENCES
MN APA Conf. J.Seval
291.28
291.28
A1940
Ace Lawn & Turf Monthly
I-201710046272
Lawn Sery-5297 St Stephen
R 10/10/2017
141376
100 4180-3030
OTHER PROFESSIONAL SERVICES
Lawn Sery-5297 St St
175.00
175.00
A6422
American Tire Distributors
I-5095377018
Tires, Stock
R 10/10/2017
141377
100 4465-1230
SUPPLIES, EQUIPMENT
Tires, Stock
295.54
I-5096227158
Tires, Stock
R 10/10/2017
141377
100 4465-1230
SUPPLIES, EQUIPMENT
Tires, Stock
175.56
I-50963567003
PW #310 Tires
R 10/10/2017
141377
100 4465-1220
SUPPLIES, VEHICLES
PW #310 Tires
312.70
I-SO975B2578
PD Tires, Stock
R 10/10/2017
141377
100 4465-1220
SUPPLIES, VEHICLES
Squad Tires, Stock
266.04
I-5097705541
Tires -Command Vehicle
R 10/10/2017
141377
100 4465-1220
SUPPLIES, VEHICLES
Tires -Command Vehicl
1,257.36
2,307.20
A7585
Aspen Mills
1-204531
Body Armor K.Keckeisen
R 10/10/2017
141378
100 4200-2400
UNIFORM & CLOTHING
Body Armor K.Keckeis
1,287.95
1,267.95
10/05/2017 1:25 PM A/P HISTORY CHECK REPORT PAGE: 3
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK CHECK CHECK
DISCOUNT NO STATUS AMOUNT
141379
75.00
141380
141380
141380
33.55
141381
3,145.37
141382
141382
141382
3,682.50
141383
697.56
141384
289.96
141385
141385
3,301.62.
CHECK
VENDOR
I.D.
NAME
STATUS DATE
AMOUNT
B1411
'B.C.A.-MNJIS Section
I-201710026255
DMT -G Online Recast Training
R 10/10/2017
100 4200-3630
TRAINING & CONFERENCES
DMT -G Online Recert
75.00
B4000
Beisswenger's Do It Best
I-940786
CH Wall Hooks
R 10/10/2017
100 4460-1600
OPERATING SUPPLIES
CH Wall Hooks
17.58
I-942703
Paint for Random Park Bldg
R 10/10/2017
100 4360-1210
SUPPLIES, BUILDINGS & GROUNDS
Paint for Random Par
6.08
I-945443
Black Plasti-Dip
R 10/10/2017
100 4200-3030
OTHER PROFESSIONAL SERVICES
Black Plasti-Dip
9.89
84900
City of Blaine
I-201710026256
August Hotel Tax Days Inn
R 10/10/2017
100 4653-3045
CONTRACTUAL N. METRO CONE BUREAuqust Hotel Tax Day
3,145.37
B5005
Bolton & Munk, Inc.
1-0208076
2016 Street Project Area I
R 10/10/2017
485 4470-7050-318
2016 AREA I STREET PROJ
2016 Street Project
3,352.50
1-0208077
CSAH 10 Trail 6 & 11
R 10/10/2017
485 4470-7050
CONSTRUCTION
CSAR 10 Trail 6 & 11
120.00
1-0208078
Silverview Trail
R 10/10/2017
480 4180-7050
CONSTRUCTION
Silverview Trail
210.00
C1470
Cardmember Service
I-201710036265
Conference/Training Exp etc
R 10/10/2017
100 4150-3630
TRAINING & CONFERENCES
GFOA Training, M.Bee
85.00
100 4180-3610
MEMBERSHIPS
Notary Renewal-Esiab
120.00
100 4180-3630
TRAINING & CONFERENCES
GTS Training-J.Seval
60.00
100 4100-1600
OPERATING SUPPLIES
Community Receiption
192.24
745 4415-1230
SUPPLIES, EQUIPMENT
Plastic Container -Mo
37.67
100 4200-3630
TRAINING & CONFERENCES
BCA Leaders Conferen
67.65
100 4150-3630
TRAINING & CONFERENCES
Webinar GAAP Update
135.00
C3600
Certified Laboratories
I-2868610
Mechanic Supplies
R 10/10/2017
100 4465-1700
MOTOR FUELS & LUBRICANTS - UNLMechanic
Supplies
289.96
C4500
City Wide Maintenance of Minne
1-100042066
Oct Cleaning Service
R 10/10/2017
100 4460-3030
OTHER PROFESSIONAL SERVICES
Oct Cleaning Service
1,608.92
252 4350-3030
OTHER PROFESSIONAL SERVICES
Oct Cleaning Service
904.5C
I-100042417
Sept 27th Extra Cleaning Days
R 10/10/2017
252 4350-3030
OTHER PROFESSIONAL SERVICES
Sept 27th Extra Clea
788.2C
CHECK CHECK CHECK
DISCOUNT NO STATUS AMOUNT
141379
75.00
141380
141380
141380
33.55
141381
3,145.37
141382
141382
141382
3,682.50
141383
697.56
141384
289.96
141385
141385
3,301.62.
10/05/2017 1:25 PM
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
DATE RANGE: 0/00/0000 THUS 99/99/9999
VENDOR
I.D.
NAME
C5900
Commercial Asphalt Co.
I-170915
Sura Drive Pothole Repair
100 4470-1240
SUPPLIES, STREETS
E1420
ECM - Specialty Pubs
I-533386
Delinquent Utility Acc-PH
100 4160-3410
LEGAL NOTICES
I-533387
Diseased Tree Charges -PH
100 4160-3410
LEGAL NOTICES
E1550
Ebert Construction, Inc.
I -PW App 5
PW Facility
480 4470-7050-108
PW BUILDING CONSTUCTION
F1010
Factory Motor Parts Co.
C-41-ZO2729
Battery Cores
100 4465-1220
SUPPLIES, VEHICLES
I-1-5366491
PW #703 Oil Filter
700 4823-1220
SUPPLIES, VEHICLES
I-1-5368605
PVI #307 Filters
100 4465-1230
SUPPLIES, EQUIPMENT
I-41-456943
PVT 4706 Batteries
700 4823-1220
SUPPLIES, VEHICLES
I-41-456944
PO #142 Battery
100 4465-1220
SUPPLIES, VEHICLES
I-41-457009
PW #706 Battery
100 4465-1220
SUPPLIES, VEHICLES
I-41-457365
Lube Filter
100 4465-1220
SUPPLIES, VEHICLES
F1050
Pastoral Company
I-MNSPRI17119
Marking Paint
700 4823-1600
OPERATING SUPPLIES
I-MNSPR117182
Blue Nitrile Gloves
485 4470-7050-318
2016 AREA I STREET PROD
I-MNSPR117185
Marking Paint
700 4823-1600
OPERATING SUPPLIES
I-MNSPRI17223
MBI Tractor Bolts/Nuts
100 4465-1230
SUPPLIES, EQUIPMENT
I-MNSPRI17322
Marking Paint
700 4823-1600
OPERATING SUPPLIES
F1095
Ferguson Waterworks #2516
I-0236506
Hydrant Parts
700 4823-1250
SUPPLIES, UTILITIES
I-0261045
Water Meters
700 4823-1250
SUPPLIES, UTILITIES
1-0261046
Valve Box
A/P HISTORY CHECK REPORT
CHECK
STATUS DATE
R 10/10/2017
Dura Drive Pothole R
R 10/10/2017
Delinquent Utility A
R 10/10/2017
Diseased Tree Charge
R 10/10/2017
PW Facility
R 10/10/2017
Battery Cores
R 10/10/2017
PW #703 Oil Filter
R 10/10/2017
PW #307 Filters
R 10/10/2017
PW #706 Batteries
R 10/10/2017
PD #142 Battery
R 10/10/2017
PW #706 Battery
R 10/10/2017
Lube Filter -Command
R 10/10/2017
Marking Paint
R 10/10/2017
Blue Nitrile Gloves
R 10/10/2017
Marking Paint
R 10/10/2017
AEBI Tractor Bolts/N
R 10/10/2017
Marking Paint
R 10/10/2017
Hydrant Parts
R 10/10/2017
Water Meters
R 10/10/2017
PAGE:
CHECK CHECK CHECK
AMOUNT DISCOUNT NO STATUS AMOUNT
267.25
40.30
40.30
413,491.09
72.50CR
12.18
38.77
200.10
100.05
119.08
8.14
15.32
5.81
62.28
5.50
14.82
456.11
1,380.00
141386
267.25
141387
141387
80.60
141388
413,491.09
141389
141389
141389
141389
141389
141389
141389
141391
141391
141391
141391
141391
141392
141392
141392
405.82
103.73
4
10/05/2017 1:25 PM A/P HISTORY CHECK REPORT PAGE: 5
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK
CHECK
CHECK CHECK
VENDOR
I.D.
NAME
STATUS DATE
AMOUNT
DISCOUNT NO
STATUS AMOUNT
E1095
Ferguson WaterWorks 42CONT
I-0261046
Valve Box
R 10/10/2017
141392
700 4823-1250
SUPPLIES, UTILITIES
Valve Box
71.59
I-0261238
Meter Couplings
R 10/10/2017
141392
700 4823-1250
SUPPLIES, UTILITIES
Meter Couplings
284.30
I-0262284
Couplings
R 10/10/2017
141392
700 4823-1600
OPERATING SUPPLIES
Couplings
7.48
-
I-0262641
Water Meters
R 10/10/2017
141392
700 4823-1250
SUPPLIES, UTILITIES
Water Meters
460.00
2,659.48
F2056
First Call
I-3298-231176
Exhaust Clamp
R 10/10/2017
141393
100 4465-1220
SUPPLIES, VEHICLES
Exhaust Clamp
9.89
I-3298-231185
PW #106 Exhaust Clamp _
R 10/10/2017
141393
100 4465-1220
SUPPLIES, VEHICLES
Pig #106 Exhaust Clam
9.89
19.78
F6010
PreCise MRM, LLC
'
I-IN200-1014111
GPS Software
R 10/10/2017
141394
100 4472-3100
Telephone
GPS Software
49.23
49.23
G0476
G & K Services - Mpls Linen
-
1-6013686652
Mats, Towles, Linens, etc
R 10/10/2017
141395
252 4350-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMats,
Towles, Linens
34.06
252 4350-1600
OPERATING SUPPLIES
Mats, Towles, Linens
34.75
252 4730-3030
OTHER PROFESSIONAL SERVICES
Mats, Towles, Linens
17.60
I-6013697643
Mats, Mopheads, Towels, etc
R 10/10/2017
141395
252 4350-2410
MAINTENANCE;MATS,TOWELS,MOPS,EMats,
Mopheads, Towe
34.06
252 4730-3030
OTHER PROFESSIONAL SERVICES
Mats, Mopheads, Towe
17.60
252 4350-1600
OPERATING SUPPLIES
Mats, Mopheads, Towe
38.25
I-6182691140
Mats
R 10/10/2017
141395
100 4160-1600
OPERATING SUPPLIES
Mats
37.92
I-6182691141
Uniforms & Clothing
R 10/10/2017
141395
100 4360-2400
UNIFORM & CLOTHING
Uniforms & Clothing
10.63
100 4460-2400
UNIFORMS & CLOTHING
Uniforms & Clothing
1.05
100 4465-2400
UNIFORMS & CLOTHING
Uniforms & Clothing
3.21
100 4470-2400
UNIFORMS & CLOTHING
Uniforms & Clothing
6.36
100 4472-2400
UNIFORMS & CLOTHING
Uniforms & Clothing
4.79
100 4475-2400
UNIFORMS & CLOTHING
Uniforms & Clothing
1.05
252 4350-2400
UNIFORM & CLOTHING
Uniforms & Clothing
4.26
700 4823-2400
UNIFORM & CLOTHING
Uniforms & Clothing
9.05
700 4825-2400
UNIFORM & CLOTHING
Uniforms & Clothing
2.10
730 4823-2400
UNIFORM & CLOTHING
Uniforms & Clothing
10.63
745 4415-2400
UNIFORM & CLOTHING
Uniforms & Clothing
4.26
745 4417-2400
UNIFORM & CLOTHING
Uniforms & Clothing
0.99
I-6182691142
Mats, Soap, Towels, etc
R 10/10/2017
'141395
100 4360-2410
MAINTENANCE;MATS,TOWELS,MOPS,EMats,
Soap, Towels,
9.05
100 4460-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMats,
Soap, Towels,
0.90
100 4465-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMets,
Soap, Towels,
2.74
10/05/2017
1:25 PM
A/P HISTORY CHECK REPORT
PAGE:
VENDOR
SET:
01 City of
Mounds View
BANK:
APBNK US Bank
DATE RANGE:
0/00/0000 THRU
99/99/9999
CHECK
CHECK CHECK CHECK
VENDOR
I.D.
NAME STATUS DATE
AMOUNT
DISCOUNT NO STATUS AMOONT
G0476
G & K Services - Mpls CONT
I-6182691142
Mats, Soap, Towels, etc R 10/10/2017
141395
100
4470-2410
MAINTENANCE; MATS,TO{9ELS,MOPS,EMats, Soap, Towels,
5.42
100
4472-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMats, Soap, Towels,
4.08
100
4475-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMats, Soap, Towels,
0.90
252
4350-2410
MAINTENANCE;MATS, TOWELS, MOPS, EMats, Soap, Towels,
3.63
700
4823-2410
MAINTENANCE; MATS,TOWELG,MOPS,EMats, Soap, Towels,
7.71
700
4825-2410
MAINTENANCE; NATS,T0WELS,MOPS,EMats, Soap, Towels,
1.79
730
4823-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMats, Soap, Towels,
9.05
745
4415-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMats, Soap, Towels,
3.63
745
4417-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMats, Soap, Towels,
0.83
I-6182702155
Uniforms & Clothing R 10/10/2017
141395
100
4360-2400
UNIFORM & CLOTHING Uniforms & Clothing
12.06
100
4460-2400
UNIFORMS & CLOTHING Uniforms & Clothing
1.19
100
4465-2400
UNIFORMS & CLOTHING Uniforms & Clothing
3.64
100
4470-2400
UNIFORMS & CLOTHING Uniforms & Clothing
7.22
100
4472-2400
UNIFORMS & CLOTHING Uniforms & Clothing
5.43
100
4475-2400
UNIFORMS & CLOTHING Uniforms & Clothing
1.19
252
4350-2400
UNIFORM & CLOTHING Uniforms & Clothing
4.84
700
4823-2400
UNIFORM & CLOTHING Uniforms & Clothing
10.27
700
4825-2400
UNIFORM & CLOTHING Uniforms & Clothing
2.38
730
4823-2400
UNIFORM & CLOTHING Uniforms & Clothing
12.06
745
4415-2400
UNIFORM & CLOTHING Uniforms & Clothing
4.84
745
4417-2400
UNIFORM & CLOTHING Uniforms & Clothing
1.12
1-6182702156
Mats, Dish Soap, etc R 10/10/2017
141395
100
4360-2410
MAINTENANCE;MATS,TOWELS,MOPS,EMats, Dish Soap, etc
9.05
100
4460-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMats, Dish Soap, etc
0.90
100
4465-2410
MAINTENANCE;MATS,TOWELS,MOPS,EMats, Dish Soap, etc
2.74
100
4470-2410
MAINTENANCE;M TS,TOWELS,MOPS,EMats, Dish Soap, etc
5.42
100
4472-2410
MAINTENANCE;MATS,TOWELS,MOPS,EMats, Dish Soap, etc
4.08
100
4475-2410
MAINTENANCE;MATS,TOWELS,MOPS,EMdts, Dish Soap, etc
0.90
252
4350-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMats, Dish Soap, etc
3.63
700
4823-2410
MAINTENANCE; MATS,TWELS,MOPS,EMatc, Dish Soap, etc
7.71
700
4825-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMats, Dish Soap, etc
1.79
730
4823-2410
MAINTENANCE; MATS,T(RELS,MOPS,EMats, Dish Soap, etc
9.05
745
4415-2410
MAINTENANCE; MATS,T0WELS,MOPS,EMats, Dish Soap, etc
3.63
745
4417-2410
MAINTENANCE; MATS,TOWELS,MOPS,EMats, Dish Soap, etc
0.83
438.32
G4015
Greek Professional, Inc.
I-TRP/100099095
Armorer's Course-T.Wolf R 10/10/2017
141399
100
4200-3630
TRAINING & CONFERENCES. Armorer's Course-T.W
250.00
250.00
G5600
Gopher State One -Call, Inc. '
I-7090589
Gopher State One Call R 10/10/2017
141400
730
4823-3030
OTHER PROFESSIONAL SERVICES Gopher State One Cal
61.43
700
4823-3030
OTHER PROFESSIONAL SERVICES Gopher State One Cal
61.42
122.85
6
10/05/2017 1:25 PM A/P HISTORY CHECK REPORT
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
PAGE: 7
CHECK CHECK CHECK
AMOUNT DISCOUNT NO STATUS AMOUNT
1,540.86
500.37
3,341.49
1,085.08
581.95
188.98
8.17
1,410.00
3,404.49
700.18
700.18
354.28
974.58
140.06
196.68
2,916.98
231.20
154.38
141401
CHECK
VENDOR
I.D.
NAME.
STATUS DATE
G5800
Government Leasing & Finance,
141,103
I-201710026257
ECM Contract
R 10/10/2017
1,410.00
100 4750-8011
LEASE PAYABLE
ECM Contract
-
100.4750-8021
LEASE, INTEREST
ECM Contract
141405
252 4350-8011
LEASE PAYABLE
ECM Contract
252 4350-8021
LEASE, INTEREST
ECM Contract
740 4416-8011
LEASE PAYABLE
ECM Contract
740 4416-8021
LEASE INTEREST
ECM Contract
G8020
Grainger
I-9568406517
Key -Command Vehicle
R 10/10/2017
100 4465-1220
SUPPLIES, VEHICLES
Key -Command Vehicle
G8150
Great Lakes Weather Service,
L
I-091719
Weather Service
R 10/10/2017
100 4472-3030
OTHER PROFESSIONAL SERVICES
Weather Service
E2805
Hawkins, Inc.
1-4148326
Water Chemicals
R 10/10/2017
700 4825-1600
OPERATING SUPPLIES
Water Chemicals
H3015
HealthEast Vehicle Services
I-24313
PD #142 Install Push Bumper
R 10/10/2017
225 4200-3030
OTHER PROFESSIONAL SERVICES
PD 4142 Install Push
I-24315
Be 4143 Fender Wrap
R 10/10/2017
225 4200-3030
OTHER PROFESSIONAL SERVICES
Be #143 Fender Wrap
H4035
Hiilyard/Minneapolis
I-602.705730
Office Supplies
R 10/10/2017
100 4460-1600
OPERATING SUPPLIES
Office Supplies
I-602705731
Cleaning/Paper Supplies
R 10/10/2017
25214350-1600
OPERATING SUPPLIES
Cleaning/Paper Suppl
1-602715976
Dishwash Detergent
R 10/10/2017
252 4350-1600
OPERATING SUPPLIES
Dishwash Detergent
H4045
Hirshfield's, Inc.
I-28057753
Random Park Bldg Paint
R 10/10/2017
100 4360-1210
SUPPLIES, BUILDINGS & GROUNDS
Random Park Bldg Pai
H7175
Holiday Companies
I-201710026258
Fuel & Car Washes
R 10/10/2017
100 4200-1700
MOTOR FUELS & LUBRICANTS
Fuel & Car Washes
100 4470-1700
MOTOR FUELS & LUBRICANTS
Fuel & Car Washes
730 4823-1700
MOTOR FUELS & LUBRICANTS
Fuel & Car Washes
PAGE: 7
CHECK CHECK CHECK
AMOUNT DISCOUNT NO STATUS AMOUNT
1,540.86
500.37
3,341.49
1,085.08
581.95
188.98
8.17
1,410.00
3,404.49
700.18
700.18
354.28
974.58
140.06
196.68
2,916.98
231.20
154.38
141401
7,238.73
141402
8.17
141,103
1,410.00
141404
3,404.49
141405
141405
1,400.36
141406
141406
141406
1,468.92
141407
196.68
141408
3,302.56
10/05/2017 1:25 PM
A/P HISTORY CHECK REPORT
PAGE:
VENDOR
SET: 01 City of
Mounds View
HANK:
APBNK US Bank
DATE RANGE: 0/00/0000 THRU
99/99/9999
CHECK
CHECK
CHECK CHECK
VENDOR
I.D.
NAME
STATUS DATE
AMOUNT
DISCOUNT NO
STATUS AMOUNT
H6026
Thomas Hughes, Attorney At Law
I-201710036269
Legal Services Sept
R 10/10/2017
141409
100 4200-3020
PROSECUTING ATTORNEY SERVICES
Legal Services Sept
6,178.00
6,178.00
16560
Innovative Office Solutions, L
C-SCN-064893
Sales Tax Adjustment
R 10/10/2017
141410
100 4160-1600
OPERATING SUPPLIES
Sales Tax Adjustment
13.51CR
I -IN 1762815
Paper, Pencils, Toner etc
R 10/10/2017
141410
100 4160-1120
COPY SUPPLIES
Paper
266.43
100 4160-1600
OPERATING SUPPLIES
Toner, Pencils etc
98.74
351.66
16823
Allstream
I-14910296
Phones
R 10/10/2017
141411
100 4160-3100
TELEPHONE
Phones
150.16
252 4350-3100
TELEPHONE
Phones
113.54
700 4823-3100
TELEPHONE
Phones
37.54
301.24
K3000
Kennedy 6 Graven, Chartered
I-139096
Retainer
R 10/10/2017
141412
100 4160-3010
GENERAL LEGAL SERVICES
Administration
1,386.73
100 4160-3010
GENERAL LEGAL SERVICES
Retainer Adjustment
632.00
I-139097
EDA
R 10/10/2017
141412
230 4650-3030
OTHER PROFESSIONAL SERVICES
EDA - General Matter
98.00
230 4650-3030
OTHER PROFESSIONAL SERVICES
EDA -Crossroad Pointe
82.00
230 2320
DEPOSIT PAYABLE
EDA -MWF Housing Prod
369.00
I-139098
Non Retainer
R 10/10/2017
141412
100 4160-3010
GENERAL LEGAL SERVICES
Telecommunications
112.00
100 4160-3010
GENERAL LEGAL SERVICES
General Employment M
154.00
100 4160-3010
GENERAL LEGAL SERVICES
Silver Lake Commons
902.00
230 4650-3030
OTHER PROFESSIONAL SERVICES
GMHC Housing Improv.
70.00
730 4823-3030
OTHER PROFESSIONAL SERVICES
TCAAP Sanitary Sewer
420.00
100 4160-3010
GENERAL LEGAL SERVICES
Fire Protection Sery
45.67
4,271.40
M1710
Master Technology Group
I-617959
Cam at Interrogation Room
R 10/10/2017
141413
100 4200-5100
REPAIRS, COMPUTERS
Cam at Interrogation
470.87
470.87
M1825
Jacob Martin
1-201710026259
N. Suburban Bldg Official Big
R 10/10/2017
141414
100 4180-1600
OPERATING SUPPLIES
N. Suburban Bldg Off
47.95
47.95
M3505
Menards
I-38145
Wrench Set
R 10/10/2017
141415
700 4823-1600
OPERATING SUPPLIES
Wrench Set
16.99
I-38304
Batteries.
R 10/10/2017
141415
700 4823-1600
OPERATING SUPPLIES
Batteries
32.97
I-38309
MVCC Tools
R 10/10/2017
141415
252 4350-1230
SUPPLIES, EQUIPMENT
MVCC Tools
408.04
458.00
8
10/05/2017 1:25 PM
A/P HISTORY CHECK REPORT
PAGE: 9
VENDOR
SET: 01 City of
Mounds View
BANK:
APBNK US Bank
DATE RANGE: 0/00/0000 THEN
99/99/9999
CHECK
CHECK
CHECK CHECK
VENDOR
I.D.
NAME
STATUS DATE
AMOUNT
DISCOUNT NO
STATUS AMOUNT
M4025
Metro Products, Inc.
I-129378
Shop Supplies, Duct Tape etc
R 10/10/2017
141416
100 4465-1600
OPERATING SUPPLIES
Shop Supplies, Duct
325.79
325.79
M4500
Metro Council Environmental Be
I-201710036266
3rd Qtr SAC Report
R 10/10/2017
141417
730 3721
SAC CHARGES
3rd Qtr SAC Report
19,681.20
19,681.20
M5300
Midway Ford Company
I-308078
PD #161 Rotors
R 10/10/2017
141418
100 4465-1220
SUPPLIES, VEHICLES
PD 9161 Rotors
107.88
107.88
M5500
Midwest Asphalt Corporation
1-5448
Hillview Hockey Rink Spoils
R 10/10/2017
141419
451 4470-7050
CONSTRUCTION
Hillview Hockey Rink
324.70
I-5548
Hillview Hockey Rink Spoils
R 10/10/2017
141419
451 4470-7050
CONSTRUCTION
Hillview Hockey Rink
336.19
660.89
M7326
MN Dept of Transportation
I-P00008429
2016 Street Project Area I
R 10/10/2017
141420
485 4470-7050-318
2016 AREA I STREET PROF
2016 Street Project
369.47
369.47
M7346
MN Dept Labor & Industry
I-201710036267
3rd qtr Surcharge Report
R 10/10/2017
141421
100 3280
BUILDING SURCHARGE
Ord Qtr Surcharge Re
962.08
100 3281
FIXED FEE BUILDING SURCHARGE
3rd Qtr Surcharge Re
137.28
100 3282
MECHANICAL/COMMERCIAL SURCHARG3rd Qtr Surcharge Re
118.32
100 3283
HVAC. SURCHARGE
3rd Qtr Surcharge Re
58.56
100 3284
PLUMBING SURCHARGE
3rd Qtr Surcharge Re
25.92
100 3286
SEWER & WATER SURCHAGE
3rd Qtr Surcharge Re
16.32
100 3287
COMMERCIAL PLAN SURCHARGE
3rd Qtr Surcharge Re
63.18
1,381.66
N8525
Nystrom Publishing Co.
I-31100
Fall Clean Up Day Flyer
R 10/10/2017
141422
290 4420-3300
POSTAGE
Fall Clean Up Day F1
894.87
290 4420-3430
PRINTING
Fall Clean Up Day F1
747.78
1,642.65
P1550
Matt Parrott/Storey Kenworthy
I-PIW520530
W-2, 1099 forms
R 10/10/2017
141423
100 4160-3430
PRINTING
W-2, 1099 forms
119.34
119.34
P1565
Dave Perkins Contracting, Inc.
I-26246
5133 Sunnyside Road
R 10/10/2017
141424
700 4823-5155
REPAIR, WATER SERVICE -
5133 Sunnyside Road-
4,154.00
I-26258
5420Adams St-Water Sery Repair R 10/10/2017
141424
700 4823-5155.
REPAIR, WATER SERVICE
5420Adams St-Wates S
4,299.00
8,453.00
10/05/2017 1:25 PM
A/P HISTORY CHECK REPORT
PAGE: 10
VENDOR
SET: 01 City of
Mounds View
BANK:
APBNK US Bank
DATE RANGE: 0/00/0000 THRU
99/99/9999
CHECK
CHECK
CHECK CHECK
VENDOR
I.D.
NAME
STATUS DATE
AMOUNT
DISCOUNT NO
STATUS AMOUNT
P3765
Petsmart
I-201110026260
Dog Food
R 10/10/2017
141425
100 4200-1600
OPERATING SUPPLIES
Dog Food
144.59
144.59
P7285
PSOPet Distributors, Inc.
I-119305
Dog Litter Bags
R 10/10/2017
141426
745 4415-1600
OPERATING SUPPLIES
Dog Litter Bags
236.90
236.90
Q1040
Quincy Tree House
I-201710026261
Donation
R 10/10/2017
141427
100 3650
DONATIONS
Donation
2,500.00
2,500.00
R3002
Ramsey County
I-EMCOM-006404
Sept Fleet Suppport Fee
R 10/10/2017
141428
100 4200-5130
REPAIRS, EQUIPMENT
Sept Fleet Suppport
121.68
I-EMCOM-006427
Sept Fleet Support Fee
R 10/10/2017
141428
700 4823-3100
TELEPHONE
Sept Fleet Support F
7.28
745 4415-3100
TELEPHONE
Sept Fleet Support F
7.28
730 4823-3100
TELEPHONE
Sept Fleet Support F
7.28
I-EMCOM-006441
September 911 Dispatch
R 10/10/2017
141428
100 4200-3050
DISPATCHING - CONTRACTUAL
September 911 Oispat
7,452.32
I-EMCOM-006456
Sept CAD Services
R 10/10/2017
141428
100 4200-3050
DISPATCHING - CONTRACTUAL
Sept CAD Services
1;475.26
I-PRRRV-000661
Election Contract Qtrly Pmt
R 10/10/2017
141428
100 4140-3030
OTHER PROFESSIONAL SERVICES
Election Contract Qt
5,342.00
14,413.10
R3567
Ralph Reeder Food Shelf
I-201710026262
Food Shelf Donation
R 10/10/2017
141429
100 3650
DONATIONS
Food Shelf Donation
2,500.00
2,500.00
R8025
Rum River Construction Consult
1-55
Sept Contract Inspections
R 10/10/2017
141430
100 4180-3040
CONSULTANTS - OTHER
Sept Contract Inspec
1,248.00
1,248.00
54224
Sensible Office Solutions
I-0021320-001
Envelopes
R 10/10/2017
141431
100 4160-1110
STATIONERY
Envelopes
258.98
258.98
55270
SiteOne Landscape Supply, LLC
I-82710420
Parks Fertilizer
R 10/10/2017
141432
100 4360-1210
SUPPLIES, BUILDINGS 6 GROUNDS
Parks Fertilizer
1,105.20
I-82826803
Oakwood Park Insecticide
R 10/10/2017
141432
100 4360-1210
SUPPLIES, BUILDINGS 5 GROUNDS
Oakwood Park Insecti
303.55
1,408.75
10/05/2017 1:25 PM
A/P HISTORY CHECK REPORT
PAGE:
11
VENDOR
SET: 01 City of
Mounds View
BANK:
APBNK US Bank
DATE RANGE: 0/00/0000 THRU
99/99/9999
CHECK
CHECK
CHECK CHECK
VENDOR
I.D.
NAME
STATUS DATE
AMOUNT
DISCOUNT NO
STATUS AMOUNT
59010
Surplus Services
I-20037771
Storage Cabinets
R 10/10/2017
141433.
100 4460-1210
SUPPLIES, BUILDINGS fr GROUNDS
Storage Cabinets
60.00
60.00
59550
Peter Szurek
I-201710046273
Uniform & Clothing Szurek
R 10/10/2017
141434
100 4360-2400
UNIFORM & CLOTHING
Uniform & Clothing S
171.64
171.64
T1083
Twin City Hardware Co., Inc.
I-898709
Treatment Plant Door
R 10/10/2017
141435
700 4823-5110
REPAIRS, BUILDINGS & GROUNDS
Treatment Plant Door
1,540.62
1,540.62
T1084
Twin City Hardwood Flooring,
I
I-1005
Buff & Coat Event Center
R 10/10/2017
141436
252 4730-3030
OTHER PROFESSIONAL SERVICES
Buff & Coat Event Ce
800.00
800.00
T4400
-
Timesaver Off Site Secretarial
I -M23238
CC Mtgs, Sept 11th & 25th
R 10/10/2017
141437
100 4100-3030
OTHER PROFESSIONAL SERVICES
CC MISS, Sept 11th &
414.00
414.00
T5000
Toll Gas & Welding Supply
I-10209678
Welding Supplies
R 10/10/2017
141438
100 4465-1600
OPERATING SUPPLIES
Welding Supplies
88.71
88.71
T6033
Tri -County Law Enforcement Ass
I-201710036270
Annual Dues
R 10/10/2017
141439
100 4200-3610
MEMBERSHIPS
Annual Dues
75.00
75.00
U7055
USA Blue Book
I-364860
Calibrate Rain Sensors
R 10/10/2017
141440
700 4823-1230
SUPPLIES, EQUIPMENT
Calibrate Rain Sense
76.29
76.29
U7301
U. S. Postal Service
1-201710026263
3rd Qtr U8 Mailing
R 10/10/2017
141441
700 4820-3300
POSTAGE
3rd Qtr UB Mailing
735.00
730 4820-3300
POSTAGE
3rd Qtr US Mailing
735.00
1,470.00
V4105
Verizon Wireless
I-9793356242
Data Cards
R 10/10/2017
141442
100 4130-3100
TELEPHONE
Data Cards
37.28CR
700 4823-3100
TELEPHONE
Data Cards
39.82
730 4823-3100
TELEPHONE
Data Cards
13.27
15.81
10/05/2017 1:25 PM A/P HISTORY CHECK REPORT
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
DATE RANGE: 0/00/0000 TIED 99/99/9999
CHECK
VENDOR I.D. NAME STATUS DATE
W1602 Water Conservation Service, In
1-7709 Quincy N.of Hillview Leak R 10/10/2017
485 4470-7050-316 2014 AREA G STREET PROJ Quincy N.of Hillview
PAGE: 12
CHECK CHECK CHECK
AMOUNT DISCOUNT NO STATUS AMOUNT
282.84
X6000
Peel Energy
1-201710036268
Xcel Energy
R 10/10/2017'-
252
4350-3210
ELECTRICITY
Community Center-Ele
1,387.41
252
4350-3220
NATURAL GAS
Community Center -Gas
159.49
100
4460-3220
NATURAL GAS
City Hall -Gas
125.77
100
4360-3210
ELECTRICITY
Greenfield Park/Tenn
43.18
700
4823-3220
NATURAL GAS
Well 04 -Gas
26.00
700
4823-3220
NATURAL GAS
Well #6 -Gas
29.04
255
4350-3210
ELECTRICITY
Lakeside Shelter-Ele
65.67
100
4360-3210
ELECTRICITY
Silver View Park-Ele
255.60
100
4360-3210
ELECTRICITY
Lambert Park-Electri
730
4823-3210
ELECTRICITY
Lift Station 41-Elec
70.17
700
4825-3210
ELECTRICITY
Booster Station Load
3,014.10
740
4416-3210
ELECTRICITY
Street Light -8228 Sp
15.02
700
4825-3210
ELECTRICITY
Well #5, Electric
1,980.25
100
4360-3210
ELECTRICITY
Random Park Electric
61.69
100
4475-3250
ELECTRICTY-TRAFFIC
LIGHTS
Traffic Signal -5510
700
4823-3220
NATURAL GAS
Booster Station -Gas
32.57
700
4825-3210
ELECTRICITY
Well #6 Load-Electri
2,258.93
700
4823-3220
NATURAL GAS
Well #5 -Gas
54.33
100
4475-3250
ELECTRICTY-TRAFFIC
LIGHTS
Traffic Sig. -2234 Hw
38.52
700
4823-3220
NATURAL GAS
Well #3 -Gas
26.00
700
4823-3220
NATURAL GAS
Well #2 -Gas
28.02
100
4475-3250
ELECTRICTY-TRAFFIC
LIGHTS
Traff.Sig.-2800 Hwy.
80.60
700
4825-3210
ELECTRICITY
Well 44-Elec.
31.90
255
4350-3210
ELECTRICITY
Lakeside Park, 3030
28.53
730
4823-3210
ELECTRICITY
Lift Station #2
102.12
700
4825-3210
ELECTRICITY
.Well #1 -Electric
236.69
100
4460-3210
ELECTRICITY
City Hall -Electric
1,556.50
700
4825-3210
ELECTRICITY
Well #2 -Electric
3,993.23
700
4823-3220
NATURAL GAS
Well 92 -Gas
100
4360-3210
ELECTRICITY
Warming House-Electr
13.19
252
4350-3210
ELECTRICITY
Community Center -El.
2,789.27
100
4460-3210
ELECTRICITY
City Hall -Electric
103.34
100
4475-3250
ELECTRICTY-TRAFFIC
LIGHTS
Traffic Sig. -2399 Hw
40.68
100
4360-3210
ELECTRICITY
Hillview Park Warmin
174.37
100
4360-3220
NATURAL GAS
Hillview Park Warmin
26.00
100
4475-3250
ELECTRICTY-TRAFFIC
LIGHTS
Traffic Sig. -2428 Hu
43.15
100
4360-3220
NATURAL GAS
Random Park -Gas
27.51
100
4360-3210
ELECTRICITY
2815 Aidan -Electric
60.01
100
4360-3220
NATURAL GAS
2815 Aidan -Gas
26.00
100
4360-3210
ELECTRICITY
5590 Quincy St.-Elec
18.40
740
4416-3210
ELECTRICITY
2650 Hwy.10-Electric
83.63
740
4416-3210
ELECTRICITY
2530 Hwy.10-Electric
75.52
141443
141444
282.84
10/05/2017 1:25 PM
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
vi*Nuvxawr.
X6000
I-201710036268
740 4416-3210
740 4416-3210
740 4416-3210
740 4416-3210
740 4416-3210
100 4360-3210
100 4360-3220
100 4360-3220
740 4416-3210
740 4416-3210
740 4416-3210
740 4416-3210
740 4416-3210
100 4200-3210
740 4416-3210
Y1000
I-201710026264
100 3650
** T O T A L S
REGULAR CHECKS:
HAND CHECKS:
DRAFTS:
EFT:
NON CHECKS:
VOID CHECKS:
TOTAL ERRORS: 0
A/P HISTORY CHECK REPORT
PAGE: 13
CHECK CHECK CHECK CHECK
NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
NO INVOICE AMOUNT
72 569,247.79
0 0.00
0 0.00
0 0.00
0 0.00
0 VOID DEBITS 0.00
VOID CREDITS 0.00 0.00
** G/L ACCOUNT TOTALS **
G/L ACCOUNT NAME AMOUNT
100
3280
BUILDING SURCHARGE
Xcel Energy CONT
1,500.00
100
Xcel Energy
R 10/10/2017
137.28
ELECTRICITY
2383 Hwy.10-Electric
63.52
ELECTRICITY
2699 Hwy.10-Electric
64.70
ELECTRICITY
2221 Hwy.10-Electric
56.02
ELECTRICITY
2551 Highway 10-E1ec
55.31
ELECTRICITY
2547 Highway 10-Elec
55.17
ELECTRICITY
Lambert Park -5324 Ja
126.77
NATURAL GAS
Lambert Park -5324 Ja
26.00
NATURAL GAS
8303 Groveland-Gas
27.52
ELECTRICITY
2378 Mounds View Blv
5.35
ELECTRICITY
2440 Mounds View Blv
47.16
ELECTRICITY
2805 Mounds View Biv
32.87
ELECTRICITY
2150 Cty Rd H'8-14 t
67.55
ELECTRICITY
Street Lighting
6,342.01
ELECTRICITY
Sirens
28.67
ELECTRICITY
2150 Cty Rd H 1-12-1
240.49
YMCA o£ Greater Twin Cities
Early Learning Readiness Frog
R 10/10/2017
DONATIONS
Early Learning Readi
1,500.00
NO INVOICE AMOUNT
72 569,247.79
0 0.00
0 0.00
0 0.00
0 0.00
0 VOID DEBITS 0.00
VOID CREDITS 0.00 0.00
** G/L ACCOUNT TOTALS **
G/L ACCOUNT NAME AMOUNT
100
3280
BUILDING SURCHARGE
962.08
1,500.00
100
3281
FIXED FEE BUILDING SURCHARGE
137.28
569,247.79
100
3282
MECHANICAL/COMMERCIAL SURCHARG
118.32
0.00
100
3283
HVAC SURCHARGE
58..56
100
3284
PLUMBING SURCHARGE
25.92
100
3286
SEWER 4 WATER SURCHAGE
16.32
100
3287
COMMERCIAL DISC SURCHARGE
63.18
141444
26,421.51
141448
1,500.00
DISCOUNTS
CHECK AMOUNT
0.00
569,247.79
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
10/05/2017 1:25 PM A/P HISTORY CHECK REPORT
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
** G/L ACCOUNT TOTALS **
G/L
ACCOUNT
NAME
AMOUNT
----------------------------------------------------------------------
100
3650
DONATIONS
13,000.00
100
4100-1600
OPERATING SUPPLIES
192.24
100
4100-3030
OTHER PROFESSIONAL SERVICES
414.00
100
4130-3030
OTHER PROFESSIONAL SERVICES
5,350.00
100
4130-3100
TELEPHONE
37.28CR
100
4140-3030
OTHER PROFESSIONAL SERVICES
5,342.00
100
4150-3630
TRAINING & CONFERENCES
220.00
100
4160-1110
STATIONERY
258.98
100
4160-1120
COPY SUPPLIES
266.43
100
4160-1600
OPERATING SUPPLIES
123.15
100
4160-3010
GENERAL LEGAL SERVICES
3,232.40
100
4160-3100
TELEPHONE
150.16
100
4160-3410
LEGAL NOTICES
80.60
100
4160-3430
PRINTING
119.34
100
4180-1600
OPERATING SUPPLIES
47.95
100
4180-3030
OTHER PROFESSIONAL SERVICES
175.00
100
4180-3040
CONSULTANTS - OTHER
1,248.00
100
4180-3610
MEMBERSHIPS
120.00
100
4180-3630
TRAINING & CONFERENCES
351.28
100
4200-1600
OPERATING SUPPLIES
144.59
100
4200-1700
MOTOR FUELS & LUBRICANTS
2,916.98
100
4200-2400
UNIFORM & CLOTHING
1,287.95
100
4200-3020
PROSECUTING ATTORNEY SERVICES
6,178.00
100
4200-3030
OTHER PROFESSIONAL SERVICES
9.89
100
4200-3050
DISPATCHING - CONTRACTUAL
8,927.58
100
4200-3210
ELECTRICITY
28.67
100
4200-3610
MEMBERSHIPS
75.00
100
4200-3630
TRAINING & CONFERENCES
392.65
100
4200-5100
REPAIRS, COMPUTERS
470.87
100
4200-5130
REPAIRS, EQUIPMENT
441.68
100
4360-1210
SUPPLIES, BUILDINGS & GROUNDS
1,611.51
100
4360-2400
UNIFORM & CLOTHING
194.33
100
4360-2410
MAINTENANCE; MATS,TOWELS,MOPS,E
18.10
100
4360-3210
ELECTRICITY
753.21
100
4360-3220
NATURAL GAS -
133.03
100
4460-1210
SUPPLIES, BUILDINGS & GROUNDS
60.00
100
4460-1600
OPERATING SUPPLIES
371.86
100
4460-2400
UNIFORMS & CLOTHING
2.24
100
4460-2410
MAINTENANCE;MATS,TOWELS,MOPS,E
1.80
100
4460-3030
OTHER PROFESSIONAL SERVICES
1,608.92
100
4460-3210
ELECTRICITY
1,659.84
100
4460-3220
NATURAL GAS
125.77
100
4465-1220
SUPPLIES, VEHICLES
2,126.70
100
4465-1230
SUPPLIES, EQUIPMENT
515.37
100
4465-1600
OPERATING SUPPLIES
439.50
100
4465-1700
MOTOR FUELS & LUBRICANTS - UPI
289.96
PAGE: 14
10/05/2017 1:25 PM A/P HISTORY CHECK REPORT
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
DATE RANGE: 0/00/0000 THEN 99/99/9999
** G/L ACCOUNT TOTALS **
G/L
--------------------------------------------------------------------
ACCOUNT
NAME
AMOUNT
100
4465-2400
UNIFORMS & CLOTHING
6.85
100
4465-2410
MAINTENANCE; MATS, TOWELS, MOPS, E
5.48
100
4470-1240
SUPPLIES, STREETS
267.25
100
4470-1700
MOTOR FUELS & LUBRICANTS
231.20
100
4470-2400
UNIFORMS & CLOTHING
13.58
100
4470-2410
MAINTENANCE; MATS,TOWELS,MOPS,E
10.84
100
4472-2400
UNIFORMS & CLOTHING
10.22
100
4472-2410
MAINTENANCE; MATS,TOWELS,MOPS,E
8.16
100
4472-3030
OTHER PROFESSIONAL SERVICES
1,410.00
100
4472-3100
Telephone
49.23
100
4475-2400
UNIFORMS & CLOTHING
2.24
100
4475-2410
MAINTENANCE; MATS,TOWELS,MOPS,E
1.80
100
4475-3250
ELECTRICTY-TRAFFIC LIGHTS
202.95
100
4653-3045
CONTRACTUAL N. METRO COUP SURE
3,145.37
100
4750-8011
LEASE PAYABLE
1,540.86
100
4750-8021
LEASE, INTEREST
500.37
*** FUND TOTAL ***
70,228.31
225
4200-3030
OTHER PROFESSIONAL SERVICES
1,400.36
*** FUND TOTAL ***
1,400.36
230
2320
DEPOSIT PAYABLE
369.00
230
4650-3030
OTHER PROFESSIONAL SERVICES
250.00
*** FUND TOTAL ***
619.00
252
4350-1230
SUPPLIES, EQUIPMENT
408.04
252
4350-1600
OPERATING SUPPLIES
1,187.64
252
4350-2400
UNIFORM & CLOTHING
9.10
252
4350-2410
MAINTENANCE;MATS,TOWELS,MOPS,E
75.38
252
4350-3030
OTHER PROFESSIONAL SERVICES
1,692.70
252
4350-3100
TELEPHONE
113.54
252
4350-3210
ELECTRICITY
4,176.68
252
4350-3220
NATURAL GAS
159.49
252
4350-8011
LEASE PAYABLE
3,341.49
252.
4350-8021
LEASE, INTEREST
1,085.08
252
4730-3030
OTHER PROFESSIONAL SERVICES
835.20
*** FUND TOTAL ***
13,084.34
255
4350-3210
ELECTRICITY
94.20
*** FUND TOTAL ***
94.20
290
4420-3300
POSTAGE
894.67
290
4420-3430
PRINTING
747.78
*** FUND TOTAL ***
1,642.65
451
4470-7050
CONSTRUCTION
660.89
*`* FUND TOTAL *** -
660.89
PAGE: 15
10/05/2017 1:25 PM A/P HISTORY CHECK REPORT
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
DATE RANGE: 0/00/0000 THEN 99/99/9999
** G/L ACCOUNT TOTALS **
G/L
ACCOUNT
NAME
AMOUNT
480
4180-7050
CONSTRUCTION
210.00
480
4470-7050-108
PW BUILDING CONSTUCTION
413,491.09
*** FUND TOTAL ***
413,701.09
485
4470-7050
CONSTRUCTION
120.00
485
4470-7050-316
2014 AREA G STREET PROJ
282.84
485
4470-7050-318
2016 AREA I STREET PROD
3,727.78
*** FUND TOTAL ***
4,130.62
700
4820-3300
POSTAGE
735.00
700
4823-1220
SUPPLIES, VEHICLES
212.28
700
4823-1230
SUPPLIES, EQUIPMENT
76.29
700
4823-1250
SUPPLIES, UTILITIES
2,652.00
700
4823-1600
OPERATING SUPPLIES
149.86
700
4823-2400
UNIFORM & CLOTHING
19.32
700
4823-2410
MAINTENANCE; MATS,TOWELS,MOPS,E
15.42
700
4823-3030
OTHER PROFESSIONAL SERVICES
61.42
700
4823-3100
TELEPHONE
84.64
700
4823-3220
NATURAL GAS
195.96
700
4823-5110
REPAIRS, BUILDINGS & GROUNDS
1,540.62
700
4823-5155
REPAIR, WATER SERVICE
8,453.00
700
4825-1600
OPERATING SUPPLIES
3,404.49
700
4825-2400
UNIFORM & CLOTHING
4.4B
700
4825-2410
MAINTENANCE;MATS,TOWELS,MOPS,E
3.58
700
4825-3210
ELECTRICITY
11,515.10
*** FUND TOTAL ***
29,123.46
730
2327
STREET DEPOSIT
5,000.00
730
3721
SAC CHARGES
19,681.20
730
4820-3300
POSTAGE
735.00
730
4823-1700
MOTOR FUELS & LUBRICANTS
154.38
730
4823-2400
UNIFORM & CLOTHING
22.69
730
4823-2410
MAINTENANCE; MATS, TOWELS, MOPS, E
18.10
730
4823-3030
OTHER PROFESSIONAL SERVICES
481.43
730
4823-3100
TELEPHONE
20.55
730
4823-3210
ELECTRICITY
172.29
*** FUND TOTAL ***
26,285.64
740
4416-3210
ELECTRICITY
7,204.32
740
4416-8011
LEASE PAYABLE
581.95
740
4416-8021
LEASE INTEREST
188.98
*** FUND TOTAL ***
7,,975.25
745
4415-1230
SUPPLIES, EQUIPMENT
37.67
745
4415-1600
OPERATING SUPPLIES
236.90
745
4415-2400
UNIFORM & CLOTHING
- 9.10
PAGE: 16
10/05/2017 1:25 PM A/P HISTORY CHECK REPORT PAGE: 17
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
** G/L ACCOUNT TOTALS **
G/L ACCOUNT NAME AMOUNT
-----------------------
745
______________ _ ____
745
4415-2410
MAINTENANCE;MATS, TOWELS, MOPS, E
7.26
745
4415-3100
TELEPHONE
7.28
745
4417-2400
UNIFORM & CLOTHING
2.11
745
4417-2410
MAINTENANCE; MATS,TOWELS,MOPS,E
1.66
*** FUND TOTAL ***
301.98
NO
VENDOR SET: 01 BANK: APBNK TOTALS: 72
BANK: APBNK TOTALS: 72
REPORT TOTALS: 72
INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
569,247.79 0.00 569,247.79
569,247.79 0.00 569,247.79
569,247.79 0.00 569,247.79
Item No: 6.B.
MOUNDS T Meeting Date: October 9,
2017
VType of Business: Council Consent
Administrator review:,
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 8833, Approving Severance for Steve Thorp, City
Building Official
Background
Steve Thorp has resigned from his position effective September 22, 2017. Steve has
been employed by the City for 5 years (August 6, 2012). Attached is Resolution 8833,
which authorizes severance to Mr. Thorp in accordance with the City's Personnel Manual.
Discussion
Section 3.47 of the Personnel Manual indicates that employees who resign shall be
compensated for any accrued and unused vacation hours and, with two or more years of
service, employees are eligible to receive a payout of sick leave sick subject to the terms
and provisions addressed in Section 3.45 regarding the Retirement Health Savings Plan.
The following represents severance eligible to Mr. Thorp:
Hours
Hourly rate
Payout
Vacation Hours 0.00
$40.59
$ 0.00 Cash Pa out
50% of Sick Leave 1 73.01
$40.59
$ 2,963.48 into RHSP
Total Severance:
$ 2,963.48
Recommendation
Staff recommends approval of Resolution 8833 authorizing severance to Steve Thorp
pursuant to the Mounds View Personnel Manual.
Respectfully submitted,
Mark Beer
Finance Director
RESOLUTION NO. 8833
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING SEVERANCE FOR
STEVE THORP, CITY BUILDING OFFICIAL
WHEREAS, Steve Thorp has resigned as Building Official for the City of Mounds
View; his last day of employment was September 22, 2017; and
WHEREAS, in accordance with the Mounds View Personnel Manual, Mr. Thorp is
eligible for a cash payout of his vacation hours and is eligible to receive 50% of his sick
leave hours deposited into his Retirement Health Savings Plan; and
WHEREAS, Mr. Thorp's balance of accrued and unused vacation is 0.00 hours
and his sick leave balance is 146.02 hours; and
WHEREAS, Mr. Thorp's rate of pay upon resignation was $40.59 per hour.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
approves severance to Steve Thorp consistent with the Mounds View Personnel Manual
as follows:
Hours
Hourly rate
Payout
Vacation Hours 0.00
$40.59
$ 0.00 Cash Payout
50% of Sick Leave 73.01
1$40.59
$ 2,963.48 into RHSP
Total Severance:
$ 2,963.48
Adopted this gth day of October, 2017.
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(seal)
_ Item No: 6.C.
MOT T1�T11C` V%I70=.'[AT Meeting Date: October 9, 2017
lJ1VLJJ ♦ �;1 Y Type of Business: Council Consent
Administrator review:
City of Mounds View Staff Report
sma-
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 8834, Designating Polling Places for the 2018 State
Primary and State General Election
Background
State law requires that the City Council Designate the polling places for the 2018 State Primary
and General elections.
Discussion
The Community Center has been the polling place for the 4 Mounds View precincts for a number
of elections. It continues to make sense to continue to use the Community Center for this
purpose. Ramsey County elections has asked that the City Council designate the polling places
by November 12th and notify them by that date.
Recommendation
Staff recommends approval of Resolution 8834 designating the polling places for the 2018 State
Primary and State General elections.
Respectfully submitted,
Mark Beer
Finance Director
RESOULUTION 8834
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DESIGNATING POLLING PLACES FOR THE
2018 STATE PRIMARY AND STATE GENERAL ELECTION
WHEREAS, Minnesota Statutes 204B.16, subd 1 requires the City Council, by ordinance or
resolution, to designate polling places for the upcoming year; and
WHEREAS, changes to the polling places locations may be made at least 90 days before the
next election if one or more of the authorized polling places becomes unavailable for use; and
WHEREAS, changes to the polling place locations may be made in the case of an emergency
when it is necessary to ensure a safe and secure location for voting; and
WHEREAS, the state primary is August 14, 2018 and the state general election is November 6,
2018.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council hereby designates
the following polling places for elections conducted in the city in 2018:
Precincts 1,2,3,4 Mounds View Community Center
5394 Edgewood Drive, Mounds View, MN 55112
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a
replacement meeting the requirements of the Minnesota Election Law for any polling place designated
in this Resolution that becomes unavailable for use by the City;
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an
emergency replacement polling place meeting the requirements of the Minnesota Election Law for any
polling place designated in this Resolution when necessary to ensure a safe and secure location for
voting;
AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this
resolution and any subsequent polling place designations to the Ramsey County Elections Office.
Adopted this 9th day of October, 2017.
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(seal)
Item No: 6.D.
MOUNDS VIS Type
Date: October 9,
2017
f e of Business: Council Consent
City of Mounds View Staff Re ort
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 8837 Approving Consent to a New Management
Agreement Between Private Parties for the Operation of the Silver
Lake Commons Property
Discussion:
The City entered into an agreement regarding the development and operation of the project
commonly known as Silver Lake Commons in December of 1998. One of the City's partners
in that development agreement was the Mounds View Family Limited Partnership. Recently,
that partnership has undergone a restructuring which has resulted in a new allocation of
partnership interests among the partners of that organization. The City has been notified of
this change, and has consented to this change in resolution 8822. The attached resolution
provides consent to a new management agreement for the property. The City does not play a
role with respect to the operation and maintenance but is required to provide consent when the
management agreement is changed. Based upon the City Attorney's review of the information
provided, the change in the management agreement does not impact any of the duties or
obligations under the existing development agreement.
Recommendation:
Approve Resolution 8837 granting consent to a new management agreement for the Silver
Lake Commons project.
Respectfully submitted,
Mark Beer
Finance Director
RESOLUTION NO. 8837
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING CONSENT TO A NEW MANAGEMENT AGREEMENT BETWEEN
PRIVATE PARTIES FOR THE OPERATION OF THE SILVER LAKE COMMONS PROPERTY
WHEREAS, the city of Mounds View ("City") previously entered into a development agreement for real
property located within the City, dated December 21s', 1998 (the "Agreement"); and
WHEREAS, the property known as Silver Lakes Commons is being purchased by a private buyer, who
will enter into a management agreement with another entity to be responsible for operating and maintaining the
premises; and
WHEREAS, the City does not play a role with respect to such operation and maintenance, but is
required to review and consent to the Management Agreement; and
WHEREAS, the City's consent to the Management Agreement shall not be interpreted as obligating the
City to undertake any action with respect to the ownership, operation, or maintenance of the Property; and
WHEREAS, the Partnership has requested that the City acknowledge and consent to the management
agreement attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED, that the City does hereby acknowledge and consent to the
attached management agreement. Nothing herein shall be interpreted or construed to alter, substitute, or abrogate
any duty, obligation, or benefit belonging to any party under the Agreement or any amendment thereto. The sole
purpose and scope of the City's acknowledgement and consent is to the change in the management agreement,
and therefore the City's approval shall have no relationship to any substantive term of the Agreement, or any
amendment thereto.
NOW, THEREFORE, BE IT FINALLY RESOLVED THAT, the City Administrator, Mayor, and
City's attorneys are hereby authorized and directed to take any and all additional steps and actions necessary or
convenient to file or record the appropriate documents to facilitate the directives of the City Council as provided
herein in order to accomplish the intent of this Resolution.
Adopted by the City Council of the City of Mounds View this 9" day of October, 2017.
CITY OF MOUNDS VIEW
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(seal)
MANAGEMENT AGREEMENT
THIS AGREEMENT is effective this _ day of , between , a with its
principal place of business located (hereafter referred to as "Owner") and a
with its principal place of business located at (hereinafter referred to as "Agent").
WITNESSETH:
In consideration of the terms, conditions and covenants hereinafter set forth, Owner and
Agent mutually agree as follows:
Section 1. Definitions.
As used in this Agreement:
1.1. "ACC" shall mean the amended annual contributions contract dated December 21,
1998 between theMPHA and HUD.
1.2. "Authority Units" shall mean the ten (10) low income public housing units to be
located within the Development pursuant to the Housing Agreement and for which
the MPHA is obligated under the MPHA Regulatory Agreement to provide certain
operatingsubsidies.
1.3. "City" shall mean the City of Mounds View, Minnesota.
1.4. "Consent Decree" shall mean the consent decree entered in the case of Hollman et
al. v. Cisneros et al., U.S.D.C. (Minn. Dist., 4th Div.) Civil No. 4-92-712.
1.5. "Development" shall mean the real property and the improvements, buildings,
appurtenances and equipment thereon, known as Silver Lake Commons, located in
the City of Mounds View, County of Ramsey, State of Minnesota, and consisting
of fifty (50) dwelling units, forty (40) garage spaces to be rented, and no
commercial space but one non -dwelling community space.
1.6. "HUD" shall mean the United States Department of Housing and Urban
Development.
MANAGEMENT AGREEMENT
1.7. "Housing Agreement' shall mean the Housing Development Agreement dated
December 21, 1998 between the MPHA, City and the Owner.
1.8. "Housing Covenants" shall mean the MPHA Act, the ACC, the Consent Decree,
the Housing Agreement and the MPHA Regulatory Agreement.
1.9. "Lease" shall mean the form of agreement between the Owner and a Tenant under
the terms of which said Tenant is entitled to enjoy possession of dwelling unit.
1.10. "Low Income Housing Tax Credit Program" or LIHC Program" shall mean the
provisions of Section 42, as described below, and the requirements set forth in the
Low Income Housing Tax Credit Program Procedural Manual and Compliance
Manual issued byMHFA.
1.11. "MHFA" shall mean the Minnesota Housing Finance Agency as established under
the Provisions of the MHFA Act.
1.12. "MHFA Act' shall mean Laws of Minnesota, 1971, Chapter 702, as amended.
1.13. "MPHA" shall mean the Minneapolis Public Housing Authority in and for the City
ofMinneapolis.
1.14. "MPHA Act' means Section 5 of the United States Housing Act of 1937.
1.15. "MPHA Regulatory Agreement' shall mean the Regulatory and Operating
Agreement dated December 21, 1998 between the MPHA, the City and the Owner.
1.16. "Non -Housing Income " shall mean all amounts actually collected by the Agent, other
than as provided in Section 1.18 below, including, but not limited to (1) vending and
laundry machine income, (2) income received from rental of parking spaces, garage
spaces and commercial space.
1.17. 'Public Agencies" shall mean the MHFA, MPHA and City, collectively.
1.18. 'Rent' shall mean that monthly amount which a Tenant is obligated to pay the
Owner pursuant to the terms of a Lease.
1.19. "Section 42" shall mean and refer to Section 42 of the Internal Revenue Code and
any regulations and ruling issued thereunder, as it may be amended from time to
time.
1.20. "Tenant' shall mean a person occupying a dwelling unit in the Development
Pursuant to aLease.
Section 2. Appointment of Agent. The Owner hereby appoints the Agent, and the
Agent hereby accepts appointment, on the terms and conditions hereinafter provided, as
2 MANAGEMENT AGREEMENT
exclusive management agent for the Development. The Agent shall carry out the obligations of
the Owner as set forth in the Housing Covenants and as they relate to the management and
operation of the Development; provided, however, that assumption of such obligations by the
Agent shall not relieve the Owner of the responsibility therefor.
Section 3. Management Plan. Attached to this Agreement as "Exhibit A" and
incorporated herein by reference is a copy of a Management Plan (the "Management Plan") for
the Development, which contains a detailed description of the policies and procedures to be
followed in the management of the Development. In many of its provisions, this Agreement briefly
defines the nature of the Agent's obligations, with the intention that reference is made to the
Management Plan for more detailed policies and procedures. Accordingly, the Agent and the
Owner will comply with applicable provisions of the Management Plan, regardless of whether
specific reference is made thereto in any particular provision of this Agreement. To the extent the
Management Plan and this Agreement are inconsistent, this Agreement shall control.
Section 4. Regulation by MHFA. The Agent fully understands that the Owner is a
limited -profit or non-profit housing entity whose property is subject to a Low Income Housing
Land Use Restriction Agreement issued by MHFA and is required to comply with rules and
regulations of the MHFA and the LIHC Program. In the performance of its duties hereunder, the
Agent agrees to become conversant with and comply with the provisions of the policies,
procedures, rules and regulations of the MFIFA, the LIHC Program and Section 42, all as may be
amended from time to time.
Section 5. Authority Units.
5.1. The Agent hereby agrees to perform for and on behalf of the Owner all rights,
powers, authorities and obligations of the Owner under and pursuant to the
Management Plan and any relevant portions of the Housing Covenants pertaining
to the day-to-day operation and maintenance of the Development and the Authority
Units; it being acknowledged and agreed that the agency relationship hereby created
is for the benefit and security of HUD, MPHA and City under the Housing
Covenants and that this Agreement cannot be modified or terminated or the
obligations of the Agent hereunder modified in any material way or terminated
without the express prior written consent of the MPHA and City.
5.2. All parties hereto acknowledge that the goal of achieving long-term sustainability
of the Development as a mixed -income community will be enhanced by
administrative procedures and terms and conditions of occupancy which reduce
discernible distinctions in maintenance and operation, and conditions of continued
occupancy, between the Authority Units and other units in the Development to the
greatest extent feasible while assuring that the Authority Units are available to
house families who meet the occupancy objectives of the MPHA. This Agreement
enumerates certain respects in which operating procedures and other requirements
3 MANAGEMENT AGREEMENT
as to the Authority Units will differ from those in effect with respect to public
housing units owned by the MPHA. . The parties agree that, if experience
demonstrates a need for or the desirability of further departures from standard
procedures applicable to MPHA-owned public housing, they will consult with each
other regarding such further modifications and will take such further implementing
steps as they agree to be advisable, including, as appropriate, requests to HUD for
revision or waiver of regulations necessary to permit the MPHA and City to
undertake measures that enhance the long-term viability of the Development, or
requests to implement statutory revisions made by Congress from time to time
affecting either public housing in general or public housing located within
privately-ownedmixed-income communities inparticular.
5.3. Tenant Selection.
(a) The Agent will follow the resident selection policy described in the
Management Plan.
(b) With respect to the Authority Units, the MPHA shall create, maintain and
manage one or more waiting lists in accordance with the Housing
Covenants. When a vacancy will occur in an Authority Unit, the Agent shall
request and the MPHA shall supply to the Agent the names of potentially
eligible tenants for the Authority Units. Screening criteria and procedures
employed by the Agent with respect to applicants for Authority Units shall,
to the extent permissible under the Housing Covenants, be consistent with
those utilized by the Agent with respect to other units in the Development;
provided that at all times such procedures shall be fair and evenhanded and
shall not be more stringent as they relate to other waiting list applicants.
The MPHA shall have the right to monitor the procedures and results of the
Agent's activities in this regard. The MPHA shall establish procedures for
formal and informal review of eligibility or suitability determinations for
applicants for admission to the Authority Units, consistent with HUD
regulations.
(c) Leases for the Authority Units will be on the form attached hereto as
Exhibit C, subject to such changes as shall be approved in writing by the
MPHA.
(d) The Agent shall provide training for key management personnel, including
attendance at conferences and seminars on housing management. The
Agent will cooperate with the MPHA to facilitate resident awareness of and
access to available social services. Such cooperation shall include keeping
and displaying, on site or in the rental office, information concerning such
services as is from time to time provided to the Agent by the MPHA.
Training on public housing will be made available as needed by MPHA.
4 MANAGEMENT AGREEMENT
5.4. It is agreed that payments of Development Operating Subsidy from the MPHA
shall be made directly to the Agent. In the event that the MPHA does not provide
the Agent with the Development Operating Subsidy Requirement or the
Development Operating Subsidy Requirement is inadequate to pay the difference
between Authority Unit Income and Authority Unit Expenses, all as defined in
Article IV of the MPHA Regulatory Agreement, the Agent shall utilize funds in
the Development Operating Subsidy Reserve as described in Section 5.6 of the
MPHA Regulatory Agreement. In the event the Development Operating Subsidy
Reserve reaches the levels described in Sections 6.3 and 6.4 of the MPHA
Regulatory Agreement, the Agent may exercise the remedies provided therein.
5.5. Taxes.
(a) The parties hereto acknowledge that property taxes shall be paid by the
Owner according to law. The Agent shall obtain statements for ad valorem
property taxes and assessments against the Development and transmit
copies thereof to the Owner promptly upon receipt thereof by the Agent.
(b) Pursuant to Minnesota Statutes. §469.040, the Authority Units are exempt
from property taxation and instead the Owner will be obligated to forward
payments in lieu of taxes equal to five percent (5%) of "shelter rents," as
defined therein. It shall be the duty of MPHA to annually certify to the
appropriate assessing officials the number of Authority Units in the
Development and the obligation of the Agent to calculate and provide to
the Owner the amount of such payments in such a manner as to permit the
timely paymentthereof.
(c) Notwithstanding anything in the preceding paragraphs of this Section 5.5
to the contrary, the Owner or Agent shall have the right at any time during
the term of this Agreement to contest the amount of or assessment
pertaining to real estate taxes, assessments, or any other imposition levied
or imposed by any governmental authority concerning the Development.
Section 6. Confer with Owner and the MHFA. Agent agrees to keep itself informed on
the policies of the MHFA as they relate to compliance with the Low Income Housing Tax Credit
Program, and, notwithstanding the authority given to the Agent in this Agreement, to confer fully
and freely with the Owner, the marketing agent, if any, and the MHFA in the performance of its
duties hereunder.
Section 7. Mee inga with Owner and Marketing Agent. The Agent agrees to cause an
officer of the Agent to attend meetings with the Owner and marketing agent, if any, at any time or
times requested by the Owner, marketing agent, or the MPHA.
MANAGEMENT AGREEMENT
Section 8. Personnel Agent.
8.1. Employees of Agent. On the basis of wage rates previously approved by the Owner,
the Agent shall investigate, hire, pay, supervise, and discharge all managerial and
non -managerial personnel as follows:
NO. POSITION TITLE
ANNUAL PAYROLL
INCLUDING WITHHOLDING
1 Manager
Subject to Annual Budget
1 Maintenance Technician
Subject to Annual Budget
1 Caretaker
Subject to Annual Budget
Such personnel shall in every instance be in the employment of the Agent.
Compensation for the services of such employees (as evidenced by certified payrolls)
shall be considered an operating expense of the Development. One (1) rent-free, two
(2) bedroom apartment shall be provided for the subject personnel. The Agent shall
hire in its own name, and have physically present at the Development, all managerial
and non -managerial personnel necessary for the full and efficient performance of its
duties under this agreement, including the physical presence of responsible
personnel at such times as may reasonably be requested by the Owner. In any event,
no less than one (1) responsible managerial or nonmanagerial person of the Agent
shall be physically present at the Development not less than eight (8) hours per day,
five (5) days per week.
8.2. Employment of Tenants and Contractors. To the greatest extent possible,
opportunities for training and employment will be given to lower income Tenants
residing in the Development, and contracts for work in connection with the
Development will be awarded to business concerns which are located in or owned in
substantial part by persons residing in the area of the Development.
Notwithstanding the above, these opportunities shall not compromise the quality
of maintenance and management services or the financial condition of the
Development.
8.3. On -Site Management. The Owner will provide and the Agent shall maintain an
employee of the Agent to reside in the Development, which shall include such
furniture, telephonic and other equipment, utilities and janitorial supplies as are
reasonably necessary for the operation of the Development.
Section 9. Services of Agent.
9.1. Annual Inspection. As part of continuing program to secure full performance by
the Tenants of all obligations and maintenance for which they are responsible,
Agent shall make an annual inspection of all dwelling units and report its findings
in writing to the Owner and the Public Agencies.
9.2. Maintenance and Repairs. Agent shall cause the buildings, appurtenances,
MANAGEMENT AGREEMENT
equipment and grounds of the Development to be maintained and repaired
according to standards acceptable to the Owner and the MPHR.
9.3. Preventive Maintenance. The Agent shall develop a preventive maintenance
schedule including, but not limited to, periodic inspections of the units; residency
commencement and termination checklists; inventory control; common area main-
tenance; equipment maintenance; exterior maintenance on a seasonal basis; and
painting, decorating, and replacement timetable, as necessary.
9.4. Property Insurance. In accordance with 9.3(viii), herein, the Agent shalt obtain
recommendations for, and cause to be placed in force, all forms of insurance
needed to adequately protect the Owner and the Development (or as required by
law), including, where appropriate, public liability insurance, boiler insurance, fire
and extended coverage and burglary and theft insurance. All of the various types
of insurance coverage required for the benefit of the Owner and the Development
shall be placed with such companies, in such amounts, and with such beneficial
interest appearing therein as shall be acceptable to the Owner and MPHR.
9.5. Notice ofAuthority. The Agent, in accordance with Minnesota Statutes § 504.22, shall
place in conspicuous place on the premises a notice that the Agent is authorized to
manage the premises and is authorized by the Owner to accept service of process
and to receive and give receipt for notices and demands.
9.6. Service Requests of Tenants. The Agent shall maintain business -like relations with
Tenants whose service requests shall be received, considered and recorded on a
systematic, written basis in order to show the action taken with respect to each.
Complaints of a serious nature and all written complaints shall, after thorough
investigation, be reported to the Owner with appropriate recommendations.
MANAGEMENT AGREEMENT
9.7. Review of Operation. The Agent shall permit the Public Agencies to conduct on-
site evaluations of the performance of any or all management services which the
Agent has agreed to provide as stipulated in this Agreement, and the Management
Plan, if required. An authorized representative of the Agent shall be available
during on-site evaluations. The Public Agencies may render to the Owner and
Agent written reports based on such evaluations. The Agent shall correct any
deficiencies noted in these evaluations within 30 days of the receipt of the report
from MPHA. In the event such correction cannot be made within 30 days, the
Agent shall provide the Public Agencies with a written plan for such correction,
including a timetable of proposed actions.
9.8. Collections and Delinquencies. The Agent shall collect and deposit in the account
established pursuant to Section 11 hereof of all Rents and other charges due from
Tenants and all Rents or other payments due the Owner from users of garage spaces
and from users or lessees of other non -dwelling facilities in the Development. All
payments of Operating Subsidy made to the Development pursuant to the MPHA
Regulatory Agreement shall be deposited by the Agent into such account. The
Initial Deposit to the Authority Reserve shall be segregated and invested as set
forth in Section 5.1 of the WHA Regulatory Agreement. The Agent agrees, and
the Owner hereby authorizes the Agent, to request, demand, collect, receive, and
give receipts for any and all charges or rents which may at any time be or become
payable to the Owner. Rents and other charges shall not be accepted in cash by the
Agent. The Agent agrees to take such action, including legal action, with respect
to delinquencies in payments due the Owner as the Owner may from time to time
authorize. The Agent shall furnish the Owner an itemized list of all Tenants with a
delinquent account immediately following the fifteenth day of eachmonth.
9.9. Payments and Expenses. From the funds collected and deposited in the account
established pursuant to Section 11.
The Agent shall not make any disbursement in excess of $2,000.00 unless
specifically authorized by the Owner; provided that emergency repairs, involving
manifest danger to life and property, or immediately necessary for the preservation
and safety of the Development, or for the safety of Tenants, or required to avoid
the suspension of any necessary services to the Development, may be made by the
Agent without regard to the cost limitation imposed by this paragraph with the
understanding that the Agent will, if at all possible, confer immediately with the
Owner regarding every such expenditure. The Agent shall not incur liabilities of
the direct or contingent) which, in the aggregate will exceed at any time
$2,000.00 unless specifically authorized by the Owner.
8 MANAGEMENT AGREEMENT
In addition, the Agent shall not incur liabilities of the Owner (direct or contingent)
which require payment more than one year from the creation thereof, unless
specifically authorized by the Owner.
9.10. Government Orders. The Agent shall take such action as may be necessary to comply
promptly with any and all orders or requirements affecting the Development which
may be placed thereon by any federal, state, county, or municipal authority having
jurisdiction hereover, and orders of the Board of Fire Underwriters or other similar
bodies. The Agent shall not take any action under this paragraph so long as the
Owner is contesting or has affirmed its intention to contest any such order or
requirement. The Agent shall promptly, and in no event later than forty-eight (48)
hours from the time of their receipt, notify the Owner in writing of all such orders and
notices of requirements.
9.11. Utility Service and Purchases. Subject to the approval of the Owner the Agent shall
make contracts for garbage and trash removal, fuel, oil, extermination, snow removal,
elevator maintenance, and other necessary services. Further, the Agent shall place
orders for such equipment, tools, appliances, materials, and supplies as are necessary
to maintain and repair the Development properly. When taking bids or issuing
purchase orders, the Agent shall act at all times in the best interests of the Owner and
shall be under a duty to secure for and credit to the Owner any discounts,
commissions or rebates obtainable as a result of such purchases.
9.12. Records and Reports.
(a) The Agent shall establish and maintain a comprehensive system of records,
books, and accounts in a manner satisfactory to the Owner and the Public
Agencies. All records books, and accounts will be subject to examination at
reasonable hours by any authorized representative of the Owner or the MPHA.
(b) With respect to each fiscal year ending during the term of this Agreement, the
Agent will have an annual financial report prepared by a Certified Public
Accountant based upon the preparces examination of the books and records of
the Owner and the Agent. The report will be prepared in accordance with the
requirements of the Public Agencies, will be certified by the preparer and the
Agent, and will be submitted to the Owner within sixty (60) days after the end
of the fiscal year, for the Owner's further certification and submission to the
Public Agencies. Compensation for the preparer's services will be considered
an operating expense of the Development.
(c) The Agent will prepare a Monthly Operating Report which compares
actual and budgeted income and expenses for the month and for the "year-
to-date". The Agent will prepare a monthly aged schedule of accounts
9 MANAGEMENT AGREEMENT
receivable and accounts payable and a monthly occupancy report. The
Agent will prepare a monthly analysis of security deposits and monthly
cash reconciliation, and will submit each statement to the Owner within
fifteen (15) days after the end of the month covered.
(d) The Agent will furnish such information as may be requested by the Owner
or the MP1 A from time to time with respect to the financial, physical, or
operational condition of the Development.
(e) By the fifteenth (15th) day of each month, the Agent will furnish the Owner
with an itemized list of all rent delinquencies as of the tenth (10th) day of
the same month.
(f) The Agent shall prepare, execute, and file for the Owner all forms, reports,
and returns required by law in connection with the employment of
personnel, including unemployment insurance, worker's compensation
insurance, disability benefits, social security, and other similar insurance
benefits or taxes now in effect or hereafter imposed.
(g) All records, books, and accounts will be subject to examination at
reasonable hours by any authorized representative of the MPHR, HUD and
City. The Agent shall be responsible for providing the budgets and reports
described in Article IV of the MPHA Regulatory Agreement. The Agent
must submit periodic occupancy data as required by HUD on HUD forms
50058 and 51234.
9.13. Operating Budget. At least 60 days before the beginning of each new fiscal year for
the Development, the Agent shall prepare and submit to the Owner, the MPHA, an
Operating Budget, setting forth an itemized statement of the anticipated receipts
and disbursements for the Development. In addition, the Agent shall prepare and
submit to the MPHA the initial estimated and subsequent operating budgets for the
Authority Units pursuant to Article IV of the MPHR Regulatory Agreement and
shall provide such other information and reports as required by the Owner, the
MPHA or the City.
9.14. Assumption of Marketing Duties. Upon expiration or termination of the Marketing
Agreement (attached hereto as Exhibit D), the Agent shall immediately assume
responsibility for all functions and services of the marketing agent as set forth in
the agreement.
9.15. Compliance of Tenants.
(a) The Agent shall at all times during the term of this Agreement operate and
maintain the Development according to the provisions of Section 42 and
any regulations thereunder, and by the Owner's covenants to the MHFA
10 MANAGEMENT AGREEMENT
relating to the Low Income Housing Tax Credit Program. The Agent shall
secure full compliance by the Tenants with the terms and conditions of their
respective Leases and with the provisions of the LIHC Program.
(b) Voluntary compliance shall be emphasized, and the Agent shall counsel
Tenants and make referrals to social service agencies in cases of financial
hardship or under other circumstances deemed appropriate by the Agent,
so that involuntary termination of tenancies may be avoided to the
maximum extent consistent with sound management of the Development.
The Agent will not, however tolerate willful evasion of payment of rent.
(c) The Agent may lawfully terminate any tenancy when, in the Agent's
judgment, sufficient cause occurs under the terms of the Tenant's Lease.
Documentation of eviction for reasons other than non-payment of Rent will
be on file with the Owner.
(d) The Agent is authorized to consult with legal counsel designated by the
Owner to bring actions for eviction and to execute notices to vacate and to
commence appropriate judicial proceedings; provided, however, that the
Agent shall keep the Owner informed of such actions and shall follow such
instructions as the Owner have prescribed.
(e) Subject to the Owner's approval, costs incurred in connection with such
actions shall be considered as operating expenses.
(f) With regard to the Authority Units, the City, with the cooperation of the
MPHR, will establish a tenant grievance procedure for residents of the
Authority Units in compliance with the requirements of Section 6(k) of the
MPHA Act and consistent, to the maximum extent feasible, with the intent
stated in Section 5.2, above. Such procedures will provide for informal
discussion and settlement of grievances by the Agent and hearing before a
formal hearing panel appointed in accordance with such grievance
procedures. The MPHA and City will seek HUD approval, to the extent
required, of variations from the requirements of 24 CFR Pato 966, Subpart
B, as amended or replaced from time to time.
9.16. Certification and Recertification Income. Prior to move -in and at least annually
thereafter, the Agent shall certify/recertify incomes of Tenants, as required by the
Housing Covenants and the LIHC Program and the MHFA. Tenant incomes must
be in compliance with Section 42 and the MPHA Act, and any subsidy contract for
the Development.
9.17. Gross Rent. For proposes of the LIHC Program, gross rent is determined by adding
Rent plus the applicable utility allowance. Agent shall ensure that gross rent is in
compliance with the LIHC Program and, with respect to the Authority Units, the
Housing Covenants.
II MANAGEMENT AGREEMENT
9.18. Compliance with Section 42.
(a) Agent, property managers/supervisors and on-site office staff appointed or
assigned to the Development and all site personnel shall carefully review
and become familiar with all regulatory requirements promulgated under
the LIHC Program. The aforementioned personnel (hereinafter referred to
as "Staff) shall attend LIHC compliance training as soon as is practicable.
At least once every 2 years thereafter, Staff must attend seminars,
conference and/or workshops on the LIHC Program to ensure continued
knowledge of and compliance with Section 42, as may be periodically
amended by the Treasury Department or Internal Revenue Service (IRS).
Agent shalt ensure that the Development is operated and managed in
compliance with all of the foregoing; cooperate with the IRS and other
governmental authorities in connection therewith; and inform Owner of
any such information which may subsequently become available, which
may be material to the operation and management of the Development
and/or Owner's investment therein.
(b) Owner will provide Agent with copies of the following documents in a
timely manner: (1) MHFA LIHC Compliance Manual, (3) Section 42 rent
and income tables, (4) utility allowance schedules from the appropriate
utility source. Owner further agrees to provide Agent with amendments,
changes, rulings and announcements to the aforementioned documents, as
they occur. Agent agrees to provide copies of documents for Staff as defined
in this Section 9.24. Current copies are to be maintained at the Development
for the duration of the compliance period required by the LIHC Program.
(c) Agent will provide MHFA with a copy of all Tenant file documentation for
any and all Tenants that occupied a unit in the Development from January
1 through December 31 through the end of the compliance period as
indicated in the Land Use Restriction Agreement. Such documentation will
be submitted to MHFA within sixty (60) days of said December 31 date.
(d) Agent will immediately report to MHFA any and all noncompliance of
which it becomes aware and will take prompt action to correct any
noncompliance.
Section 10. Other Acts. Everything done by the Agent under the provisions of this
Agreement shall be done as agent of the Owner, and all obligations or expenses incurred
thereunder shall be for the account of and on behalf of the Owner. Any payments to be made by
the Agent hereunder shall be made out of such sums as are available in the Operating Receipts
12 MANAGEMENT AGREEMENT
and Expense Account established pursuant to Section 11, below. The Agent shall not be obliged
to make any advance to, or for the account of the Owner without assurance that the necessary
funds for the discharge thereof will be provided.
Section 11. Bank Account.
11.1. The Agent shall establish and maintain, in a bank whose deposits are insured by
the Federal Deposit Insurance Corporation (FDIC), a separate bank account as
Agent of the Owner for the deposit of the moneys of the Owner, with authority to
draw thereon for any payments to be made by the Agent to discharge any liabilities
or obligations of the Owner incurred in accordance with this Agreement. This
account shall be carried in the Agent's name and shall be designated of record
Silver Lake Commons Operating Receipts and Expense Account". The Agent shall
establish such other special bank accounts as may be required by the Owner, or the
MPHA Regulatory Agreement. Signatories entitled to make withdrawals from any
and all of these accounts shall be persons covered by the Bond to be posted pursuant
to Section 15 of this Agreement.
11.2. Securityposit Account. The Agent shall collect, deposit, and disburse Tenant's
security deposits in accordance with the terms of the respective Leases. Tenant's
security deposits shall be deposited by the Agent in an interest bearing account,
separate from all other accounts and funds, with a bank or other financial institution
whose deposits are insured by the FDIC. The Agent shall be responsible for any
loss incurred by the Development for its failure to comply with refunding of
security deposits with accrued interest to Tenants as required by Minnesota Laws,
1973, Chapter 561. This account shall be carried in the Agent's name and shall be
designated of record "Silver Lake Commons Security Deposit Account". The
Agent shall cause the amount of the Security Deposit Account to equal or exceed
at all times the aggregate of all outstanding obligations by the Owner with respect
to security deposits.
Section 12. Office Development. The Owner shall furnish the Agent with suitable office
space, office furniture and equipment (file, typewriter, adding machine, etc.) on the site of the
Development and with electricity, heat, water, and janitorial service therein.
Section 13. Comnensation of Agent. Management Agent will be compensated for it's
services under this agreement by monthly fees, to be paid out of the Operating Receipts and Expense
Account established pursuant to section 11, hereof which will be treated as operating expenses.
Each monthly fee will be in an amount specified in the most current, annual operating budget that has
been submitted to and approved, in writing by the Owner, and shall be payable on the first of each
month. The Agent will not receive compensation for any rented apartment where the rent has not
been paid, provided that this fee is paid in a subsequent month when the rent is collected. Such
fees shall be computed and paid monthly based upon the preceding month's paid rented apartments.
13 MANAGEMENT AGREEMENT
All supervisory, booldceeping-accounting, clerical, along with all of the Agent's off-site
overhead expenses (including but not limited to costs of office supplies, photocopying, the
fidelity bond, staff training, postage, stationery, transportation, and telephone expenses, other
than management -related long distance calls) will be borne by the Agent out of its own funds and
will not be treated as an operating expense of the Development.
Section 14. Non -Discrimination.
14.1. In the performance of its obligations under this Agreement, the Agent will comply
with the provisions of any federal, state, or local law prohibiting discrimination in
housing on the grounds of race, color, sex, creed, religion marital status, physical
or mental disability, economic status, or national origin, including Title VI of the
Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241), all requirements
imposed by or pursuant to the regulations issued pursuant to the regulations issued
pursuant to Executive Order 11063, and Title VII of the 1968 Civil Rights Act.
This Agreement may be terminated or suspended in whole or in part, by the Owner
upon the basis of a finding by Owner that the Agent has not complied with non-
discrimination provisions.
14.2. The Agent shall comply with the "Residential Selection Plan" for the Development
(attached hereto as Exhibit F).
Section 1S. Fidelity Bond. The Agent shall furnish, at its own expense, a fidelity bond
to protect the Owner against misapplication of funds of the Development by the Agent and its
employees. The terms and conditions of the bond, and the surety thereon, shall also be subject to
the approval of the Owner and shall be in an amount not less than two (2) times the total of the
following:
(a) The maximum possible monthly Rent collections based on 100%
occupancy as set forth in the annual budget referred to in Section 9.19,
herein; and,
(b) Monthly Non -Housing Income as defined in Section 1.16; and
(c) The maximum possible funds being held as security deposits based on 100%
occupancy.
14 MANAGEMENT AGREEMENT
Section 16. Expiration and Termination.
16.1. Expiration and Termination: Unless sooner canceled pursuant to Sections 16.2,
16.3, 16.4 or 16.5 of this Section, this Agreement shall be effective on the date
hereof and shall be extended automatically for successive periods of one (1) year
unless either the Owner or the Managing Agent provide written notice ninety (90)
days prior to expiration of then -current term indicating their intention to have this
Agreement terminate. This Agreement shall not be deemed complete unless and
until this Agreement has been approved in writing by the Public Agencies.
162 Termination by Mutual Consent. This Agreement may be terminated by the mutual
written consent of the Owner and the Agent only with the prior written consent of
, the MPHA and the City.
163. Termination by Owner for Cause. In the event that the Agent shall fail to perform
any of its duties hereunder or comply with any of the provisions hereof, the Owner
may terminate this Agreement for cause upon Owner's thirty (30) days written
notice to the Agent.
164. Termination Because of Bankruptcy. In the event that a petition in bankruptcy is
filed by or against either the Owner or the Agent, or in the event that either shall
make as assignment for the benefit of creditors to take advantage of any insolvency
act either party hereto may immediately terminate this Agreement without notice,
but prompt advice of such action shall be given to the other party.
165. Termination by MPHR. In the event the MPHA determines that the Agent has
violated, breached, or failed to comply with a provision of, or obligation under, the
Housing Covenants, it shall so notify the Owner in writing and the Owner shall
immediately so notify the Agent and this Agreement shall terminate within thirty
(30) days of receipt by the Agent of such notification.
15 MANAGEMENT AGREEMENT
166 Accounting Upon Termination. Within IO days after the termination of this
Agreement, the Owner and Agent shall account to each other with respect to all
matters outstanding as of the date of termination. The Owner shall furnish the
Agent security against any outstanding obligations or liabilities which the Agent
may have incurred hereunder, and the Agent shall turn over to the Owner all
Tenant files, records, documents or other instruments, waiting lists, and any and
all other files and papers 'in its possession pertaining to the Agent's performance
under this Agreement.
Section 17. Assignments. This Agreement shall inure to the benefit of and constitute a
binding obligation upon the Owner and Agent, and their respective successors and assigns, provided
that the Agent cannot assign this Agreement or any of its duties hereunder without the prior written
consent of the Owner and the MPHA.
Section 18. Amendment. This Agreement constitutes the entire Agreement between the
Owner and the Agent, and no amendment or modification thereof shall be valid and enforceable
except by supplemental agreement in writing, executed, and approved in the same manner as this
Agreement.
Section 19. Execution of Counterparts. For the convenience of the parties, this Agreement
has been executed in counterpart copies, which are in all respects similar and each of which shall be
deemed to be complete in itself so that any one may be introduced in evidence or used for any other
purpose without the production of the other counterparts.
Section 20. Address for Notices. Whenever any approval or notice on behalf of the Owner
or Agent is required under this Agreement, said notice shall be deemed to have been given when
mailed by certified mail at the following addresses:
Owner:
Attention:
Agent:
16 MANAGEMENT AGREEMENT
MPHA: Minneapolis Public Housing Authority in and for
the City of Minneapolis
1001 North Washington Avenue
Minneapolis, Minnesota 55401
Attention: Executive Director
City: City of Mounds View
2401 Highway 10
Mounds View, Minnesota 55112-1499
Attention: Community Development Director
17 MANAGEMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
immediately below their respective signatures.
OWNER:
AGENT:
MANAGEMENT AGREEMENT
EXECUTION PAGE
The Public Agencies hereby approve and consent to the foregoing Agreement and the
Agent appointed therein.
MPHR:
MINNEAPOLIS PUBLIC HOUSING AUTHORITY IN
AND FO HE CITY OF MINNEAPOLIS
Its
M_ m>I V! \
And by_ --b-
Cora Mccorvey J
Its Executive Director
DATE: .44- 1 3-t- Y oto,
CITY:
CITY OF MOUNDS VIEW, MINNESOTA
Carol A. Mueller, Mayor
By: Nyle Zikmund, Interim City Administrator
Date:
DATE:
MANAGEMENT AGREEMENT
EXECUTION PAGE
EXHIBITC
MHOP 10 Units Lease
MANAGEMENTPLAN
Section 1: Owner -Manager Relationship
A. The Owner of the Development is , of which is the General Partner. is
the managing Agent for the Development.
B. The Owner reserves the right to formulate all policies, procedures and regulations. The
actual implementation of the Owner's Policies will be coordinated by the Agent. The
Agent will report to the Owner on a monthly basis concerning all aspects of the
operation. The Agent will be responsible for the day-to-day operation of the
Development, including supervision of the employees. The Agent will make, at least,
monthly visits to thesite.
C. The Agent must consult the Owner before deviating from set policies, or for any charges
or any expenditures which are beyond the normal budget as defined with the Management
Agreement.
D. The Agent may make decisions without consulting the Owner for the operation of the
Development as outlined in the Management Plan and the Management Agreement.
E. is the representative ofthe partnership, who will have the decision- making
authority.
F. The responsibilities of the Agent are outlined in the Management Agreement. The Owner
is responsible for determining the house rules, policies and regulations to be imposed. The
implementation of the Owner's policies will be coordinated by the Agent. The
Management Agreement and annual budget make clear which items of expenses are to be
paid for by the managing Agent out of its fee and which expenses are to be paid out of
rental income from the Development.
G. For purposes of this plan, reference to "The Property" shall refer to Silver Lake
Commons Apartments and Townhomes.
Section II: Human Resources
The staff of Silver Lake Commons has well-defined job responsibilities. Site staff includes:
The Business Manager of the property is responsible for the overall daily operations of the
properties; such as rent collections, resident retention/relations, employee relations, tax credit
certification/recertification, dealing with vendors, community involvement, purchasing and
budget control, etc.
Currently the Maintenance Technician is responsible for doing day-to-day routine maintenance
calls. Residents contact the site office to submit work orders (please see operations plan on
further details on maintenance requests).
2
In general, the Property is developing a staffing structure with an eye on the long term
management of the properties. This is being done by encouraging a team work atmosphere, as
well as the longevity of employment of our maintenance personnel and the strengthening of the
Business Manager's skills.
Section III: Marketing
See separate Marketing Plan.
Section IV: Management Policies
Leasing Policies
The leasing policies conform with standard industry practice for Low Income Housing Tax Credit
and are outlined in the attached Resident Selection Plan. (Copy attached, Exhibit A). Each
applicant must income qualify under the median income limits for the tax credit housing
programs. A MHOP applicant must have income within the HUD published income limits. We do
a complete criminal, credit and previous rental history background check on each applicant before
they are accepted into the Property. Each applicant (excluding MHOP units) is charged a $35.00
application fee to help offset the cost of processing applications. A Security Deposit of $300-
$500 will be charged for each apartment, subject to market concessions.
A. All leases will be in writing for a term of one year. The lease will renew annually unless a
written notice of intent to vacate has been received a full calendar month plus one day in
advance of the termination date. The lease will be signed prior to move -in by all adult
members of the household. Each resident will sign a receipt acknowledging that they
received a copy of their lease.
B. The Agent is knowledgeable of required and prohibited lease clauses and state lease laws.
C. The Resident Handbook will be provided to each Resident as an attachment to their lease.
Waiting List
Once the Property has attained maximum occupancy, leasing will be accomplished through the
utilization of waiting lists. When an applicant expresses interest in moving into the property, their
name, telephone number and address is placed on a waiting list for the next available unit that
conforms with their unit size needs. When an apartment becomes available, we contact all
applicants who are on the waiting list. Appointments are scheduled at varying times (mornings,
afternoons, evenings) in order to insure that all prospects have the opportunity to view available
units.
Office Hours
The scheduled office hours vary depending on residents' needs and management staffs
schedules.
Pet Policv
The Property has a one -dog less than 25 pounds policy with the exception of companion animals
needed for disabled residents. The Properly will consider cats on a case-by-case basis.
Occupancy
Occupancy standards are as follows:
I -Bedroom I-2
People
2 -Bedroom 3-4
People
3 -Bedroom 5-6
People
4 -Bedroom 7-8
People
The MPHR occupancy standards will be used for the MHOP units.
Section V: Resident Retention Program
We believe that good resident relations begin when a prospect visits our property and continues
throughout the tenancy of each resident. Our objective is to create a warm and inviting
atmosphere for our residents, a feeling of home and a sense of community. We heat our residents
with the utmost respect and will not tolerate disrespect.
We show residents our appreciation for them in the following ways:
I. A clean and well -cared for apartment community which is the first sign to residents that
they are appreciated.
2. Even in a distressed neighborhood residents can enjoy living in a cheerful environment. We
encourage planting an extensive variety of plants and flowers to improve curb appeal.
3. Each member of our staff must promote good resident relations.
4. The answering service is considered another member of our staff. We have set high
standards in the way our calls are answered and messages forwarded.
5. The condition of the apartment on move -in day must be immaculate.
6. A move -in packet is given to each new resident on move -in day. An orientation session is
set up prior to move -in to review policies, rules and regulations.
7. The Business Manager calls each new resident within the first 50 days of the resident's
occupancy to check on their satisfaction with their new apartments.
8. Resident activities are meant to foster a sense of community. Pot luck dinners, holiday
parties, etc. are encouraged.
0
Section VI: Operations Plan
Operations Budget
The budget is an estimated summary of income and expenses for one calendar year. Our objective
is to achieve or exceed the NOI goals every month.
Rent Collection Policy and Procedures
We have initiated a consistent and professional rent collection policy and procedure which is
implemented by the Business Manager. Rent must be paid by personal check, certified check or
money order. NO CASH IS ACCEPTED.
Rents will be payable on or before the first day of every month. Reminder Notices are sent to
residents on the 6" day of each month. Personal contact is made on the 70' day of each month.
Final Late Notices are delivered on the 91h day of each month, and Unlawful Detainers are filed
on the 10 1h day of each month. Note: A late fee charge of $25.00 is assessed to each resident who
has not delivered rent by 5:00 p.m. on the 6`t' day of each month.
Rents will either be deposited in a rent collection box at the site, or mailed in pre -addressed
envelopes to the Agent. Rent collection is the responsibility of the Agent.
Rent payments will be collected by the Agent and an accurate record kept of the payments. All
rents and other receipts shall be deposited in a rental account in a bank whose deposits are insured
by the FDIC.
A security deposit will be required that will not exceed one -months rent. All funds collected as
security deposits shall be kept in a separate identifiable account in compliance with state law. A
list of residents who currently have a security deposit in the account will be kept on file. Interest
earned on the security deposits will be paid in accordance to the state laws.
NSF Fees
Residents are delivered a NSF letter the same day the NSF Check is received. All future rents
must be paid by cashiers check or money order unless we receive written verification from the
bank that the NSF check was a bank error.
Bank Deposits
Rent checks are processed on a daily basis. As checks come in we immediately verify that all
information is correct and all charges are paid in full. The checks are then endorsed and deposited
daily.
Rent Increases
Typically, rent increases are planned when the annual operating budget is prepared. The lease
requires a 60 -day notice, therefore, we prepare rent increase letters to be delivered 75 days in
advance.
Purchasing
The property has a budget that is prepared for the calendar year. It is the Business Manager's
responsibility to control costs so that expenses remain at or below budgeted amounts.
Expenses exceeding budget must be approved by the Property Manager. Purchase Orders are
utilized on this property to ensure that only authorized employees may make purchases. The
purchase order defines exactly what is being purchased and documents the price and orders.
Purchase Orders help to maintain inventory control.
Recordkeeping and Reporting Requirements
A. Resident and operating accounts are to be prepared and maintained by Agent.
B. The Agent will be responsible for the preparation and submission of the monthly
operating report, annual budget and unaudited financial statements.
C. A separate file will be maintained for each resident. All relevant information pertaining to
that individual will be included in the file. This information will be retained for a period
of three years after the resident vacates the unit. The Agent will be responsible for
maintaining theserecords.
Procedures for Determining Resident Eligibility and for Certifying and Recertifying Incomes
A. A separate file will be maintained for each resident. Included in each file will be the initial
application, preapplication, annual inspection sheets, income verification forms, lease
agreement, move -in and move -out reports and all correspondence and notices to the
resident.
B. The Agent will be responsible for determining Resident eligibility and for certifying and
recertifying incomes.
Maintenance and Repairs Program
The goal of our maintenance program is to preserve the property while providing for the safety
and well-being of the residents. We make every effort to handle maintenance request within 24
hours. A written work order system is utilized which allow for accurate tracking and follow-up of
all maintenance calls. Office staff will follow-up by contracting 75% of esidents requesting work
orders to ensure appropriate completion of the task.\
Maintaining inventory for the maintenance department is the responsibility of the Maintenance
Technician. We maintain a sufficient quantity of supplies and repair parts to get through a one-
month period.
Grounds keeping and parking lot snow removal will be contracted.
A property inspection/office audit is conducted quarterly to insure that the property is maintained
appropriately. Each inspection/audit is scored and is utilized in staff performance reviews.
A. The Development's "as built" plans and specifications will be located at the site office
B. Prior to move -out, an inspection will be made by the Business Manager and resident of
the rental unit. All necessary repairs and clean-up work will be noted on the Unit
Inspection Report and charged to the resident, beyond ordinary wear and tear. Prior to
move= -in or by the Ise day of the month, the apartment will be checked to verify
completion of the necessarywork.
C. Painting interior areas and exterior areas will be initiated as soon as the need is apparent
and will then be maintained on a continuous basis so that some work is done each year
and the Development will always be maintained in an acceptable manner. If feasible the
Maintenance Technician will be responsible for the painting. Exterior painting of areas
above the first floor will be done on acontract basis.
D. Pick up of garbage and recycling is on a regular schedule, and the residents will be
advised of the schedule.
E. If repairs over the spending limit of $1,000 are required, 3 bids for the work will be
solicited. After obtaining Owner approval, the contract or job will be awarded to the
competitive vendor that management believes to be most qualified. Bids over the
spending limit must be approved bythe Owner.
F. The sidewalk surrounding the building will be kept clear of snow and ice in the winter,
and swept as needed during the rest of the year. The lawn, trees, shrubs and landscaping
will be cut, trimmed, fertilized and watered as necessary. Snow removal on sidewalks
will be done by site staff.
G. All common areas such as parking lots will be cleaned periodically, and (sept free of trash
and other debris by the Maintenance Technician.
H. Residents will be informed at move -in of the need to report any maintenance problems
within their units directly to the Manager, who will record the request on the appropriate
form. The Manager will then decide if the repair can be made by the site staff. If outside
help is needed, the Manager will call on local subcontractors.
I. Smoke alarms will be tested annually in each apartment and in common areas. Fire
extinguishers shall be provided as required by state and city code and serviced annually.
J. Heating equipment will be serviced by a trained service representative on a bi-annual
(every two years) basis. A yearly inspection of the total Development will be made for
the purpose of an ammal maintenance report. Maintenance and service repair contracts
will be made by the Manager. The Agent shall be responsible for monitoring the
implementation of thepreventative maintenance plans.
On -Going Training
A. New employees receive a one to three-day training/orientation program. Continued
training is conducted as on-the-job training. The Property Manager and Business
Manager periodically accompany the Maintenance Technician during service calls in
order to identify additional training needs.
B. In addition to our in-house training, additional training is accomplished through outside
sources such as the Minnesota Multi Housing Association.
Section VIE• Energy Conservation Measures
A. We will encourage the residents to directly control the conservation of energy in the
following areas: use in air conditioning; timing of the use of hot water to coincide with
off-peak periods; regulation of the thermostats; window infiltration, i.e. application of
insulated shade or other window treatments; lighting needs in the individual units; and
heat loss caused by opening windows for ventilation. These conservation practices will
affect the use of electricity and natural gas.
B. Management will have direct control over energy conservation practices such as lighting
used in the common areas, and timing of consumption. Utility to be affected is electricity.
C. Energy conservation practices to be implemented by management include installation of
fluorescent fixtures to reduce the use of electricity, use of time clocks or photo -electric
eyes to regulate consumption, and a continuing investigation of existing and new
me5hods of energy conservation to determine the applicability of these methods to the
Development.
D. To stimulate energy conservation, the Agent will provide a periodic program of education
in energy use for the resident. This will be through group session and/or periodic
newsletters.
E. Residents will be oriented to energy conservation measures upon moving into the
Development by means of orientation session outlining ways they can reduce energy and thus
reduce overall operating costs.
F. Energy conservation measures identified in an energy audit will be carried out by the
Agent as soon as feasibly possible after identification.
Section VIE• Security Servicing
A. Knowledge of requirements for Fidelity Bond Coverage and insurance are the
responsibility of the Agent.
B. Criminal background checks will be conducted on any employee with access to master
and/or unit keys.
C. Cash will not be kept on site.
D. Vacant units will be inspected by the Property Managermonthly.
Mourms ViEw
of Mounds View Staff
Item No: 06.E
Meeting Date: October 9, 2017
Type of Business: Council Consent
Administrator Review:
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 8838, Approving a Design Agreement with North
Suburban Access Corporation (NSAC)
The City Council, at the September work session provided direction to staff to prepare for
improvements and upgrades to the cable control room and replace the antiquated
equipment. Staff has been working with NSAC using the 100 Hours program to develop a
preliminary design and equipment list to develop a tentative budget. The next step is to
finalize the design and equipment list and prepare wiring schematics and parts lists that will
be used to request bids for the equipment and installation. The City Council has directed
staff to work with NSAC to complete the final design documents. Attached is the scope of
services, anticipated completion date, and cost estimate for those services. Once the final
design is received the next step would be to seek authority to bid the project. Installation
would occur sometime in 2018.
Recommendation:
Staff recommends approval of the design agreement with NSAC for a maximum amount of
$5,000.
Respectfully submitted,
Mark Beer
RESOLUTION 8838
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Approving a Design Agreement with North Suburban Access Corporation
WHEREAS, the cable control room and related audio and video equipment is
antiquated with many components 20 to 30 years old; and
WHEREAS, staff has been working with North Suburban Access Corporation (NSAC)
also known as CTV15 to develop a preliminary design and equipment list for developing a
preliminary budget amount; and
WHEREAS, a final design, equipment list, and wiring schematic needs to be
completed to bid the project and components; and
WHEREAS, NSAC has provided a proposal to complete the design and
documentation of the project; and
WHEREAS, NSAC has proposed an amount not to exceed $5,000 for their services.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council
authorizes Staff to contract with NSAC to complete the final design and documentation as
described in the attached Scope of Work for an amount not to exceed $5,000.
NOW, THEREFORE, BE IT FURTHER RESOLVED, payment for this professional
service shall be funded by the Cable Special Revenue Fund Budget 210-4350-3030 and
that $5,000 is reprogramed from account 210-4350-5130.
Adopted this gth day of October, 2017
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(seal)
OEM kOM-1 i ma y North Suburban Access Corporation
Scope of Work
The following Scope describes the work that will be completed.
Project Manager: Don Swenson
Design Engineer: Patrick Cook
Tasks:
1. Create a detailed list of functional expectations that will include equipment physical placement expectations.
2. Complete design documents, including drawings, parts lists and materials list. The complete design
documents will include technical requirements. City will also receive printed and electronic wiring diagram
originals, files for editing and a pdf format. The City will be responsible for legal provisions.
3. CTV will provide an estimated cost based on quotes from video production vendors, electrical contractors
and low voltage contractors.
4. All work will be completed and delivered by Friday, November 17, 2017.
Payment Terms:
The remaining hours from the 2017 "100 hours" program will be consumed by the design phase of the
program as a discount against fee for project design. The discounted design fee will be $5000.
The project design and specifications for bringing the Mounds View City Council Chambers up to a High
Definition capability are the intellectual property of North Suburban Access Corporation (NSAC).
Payment in full is due upon acceptance of the project design and specifications. Such payment licenses the
City of Mounds View to use the project design and specifications for this project, to share them with
potential vendors as part of an RFP process, and to share them with the chosen vendor(s) as part of the
installation, testing and verification phases of the project.
No part of the design or specifications for this project may be used by the City of Mounds View or shared
with other entities until payment has been made in full.
If the City of Mounds View decides not to accept the project design and specifications, all documents
(originals and copies) relating to NSAC's design and specifications must immediately be returned to NSAC.
Item No: 6.F.
017
MOT �mS TT� Meeting Date: October 9, sent
V1V1J �/1 Type of Business: Council Consent
Administrator review:
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nyle Zikmund, Interim City Administrator
Item Title/Subject: Resolution 8839, Updated Public Works Director Job
Description
Background
At the October 2, 2017 City Council Workshop the Council discussed staffing issues
within the Public Works Division. That discussion included a reorganization plan as well
as review of requirements for the Public Works Director position and a consensus to
update the position description to reflect the councils consensus.
Discussion
Mounds View has experienced an less than ideal turnover rate in the Public Works
Director position in the past 10 years and to that end, discussions ensued regarding the
requirement of a Professional Engineer (PE) requirement with Council concluding the
requirement could change from required to desirable. Additionally, Council consensus
was to move forward with the posting and hiring of this position upon adoption of the
updated job description
Recommendation
Staff recommends approval of Resolution 8839 which reflects council direction to update
the Public Works Director Job description. Once updated, staff will move forward with the
hiring process beginning with an internal posting. If no qualified applicants apply, we
would do an external posting.
Respectfully submitted,
N e Zi and
Interim City Administrator
RESOLUTION NO. 8839
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING UPDATED
PUBLIC WORKS DIRECTOR JOB DESCRIPTION
WHEREAS, The City of Mounds View has a vacancy in the Public Works Director
position; and
WHEREAS, The City of Mounds View council discussed staffing/reorganization of
the Public Works Division at their October 3, 2017 workshop; and
WHEREAS, Council consensus was to update and modify the Public Works
Director position to reflect the discussions; and
WHEREAS, that consensus including the requirement to have a Professional
Engineer designation be desirable versus required,
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
approves the updated Public Works Director Job Description dated October 9, 2017
Adopted this 9th day of October, 2017.
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(seal)
CITY OF MOUNDS VIEW
POSITION DESCRIPTION
Position Title: Director of Public Works
Department: Public Works
Accountable to: City Administrator
Status: Exempt
PRIMARY OBJECTIVE OF POSITION
Performs complex supervisory, administrative and professional work in planning,
organizing, directing, and supervising the Public Works Department, including the water
delivery system, sanitary sewer, storm sewer and surface water management, streets and
infrastructure, trailways, traffic mitigation, the public works garage and maintenance facility.
Manages the maintenance of the Community Center, City parks and all other City owned
facilities. Oversees public improvement projects and reviews, approves, and executes
City, County, and State plans. Directs parks administrative activities and provides direction
and support to the Parks and Recreation and Forestry Commission.
SUPERVISION RECEIVED
This position reports to the City Administrator.
SUPERVISION EXERCISED
Exercises supervision over all public works staff.
ESSENTIAL DUTIES AND RESPONSIBILITIES
Plans, organizes, coordinates, supervises and evaluates programs, plans, services,
staffing, equipment and infrastructure of the public works department.
Evaluates public works needs and formulates short and long range plans to meet
needs in all areas of responsibility, including transportation, street, water, sewer,
drainage, and park maintenance.
Supervises the review of private project development plans for compliance with
codes, regulations, and standards, adequacy of applications for permits and
compliance with approved plans.
Oversees the development and implementation of the Streets and Utilities
Infrastructure Improvement Program, Comprehensive Sewer Plan, Comprehensive
Water Plan, the Capital Improvement Program and other plans involving the
municipal infrastructure.
Determines applicable codes, regulations and requirements for assigned projects.
Oversees the preparation of engineering plans and specifications, bidding,
competency of contractors and vendors and the selection criteria for public
contracts.
• Oversees project management of public improvement projects. Oversees assigned
projects to ensure contractor compliance with time and budget parameters for the
project.
• Coordinates the preparation of reviews and updates the sanitary sewer, water,
storm drainage, and street system maps, data base, and comprehensive plans.
• Oversees the maintenance of infrastructure and other records.
• Responds to public or other inquiries relative to department policies and
procedures. Evaluates issues and options regarding municipal public works and
makes recommendations.
• Maintains regular contact with consulting engineers, construction project engineers,
City, County, State and Federal agencies, professional and technical groups and
the general public regarding division activities and services.
• Monitors inter -governmental actions affecting public works.
• Directs parks administrative activities and provides direction and support to the
Parks and Recreation and Forestry Commission.
• Manages the maintenance of the Community Center and all City owned facilities
• Prepares and documents budget requests; administers adopted budget in assigned
area of responsibility.
• Manages divisional supervisors and support staff either directly or through
subordinates.
• Determines work procedures, prepares work schedules and expedites workflow.
• Issues written and oral instructions.
• Assigns duties and examines work for exactness, neatness, and conformance to
policies and procedures.
Studies and standardizes department policies and procedures to improve efficiency
and effectiveness of operations.
Promotes a positive work environment and responds to subordinate grievances.
• Prepares composite reports from individual reports of subordinates.
• Corrects errors and responds to complaints.
PERIPHERAL DUTIES
• Assists in the training of city personnel in public works systems and techniques.
MINIMUM QUALIFICATIONS
Education and Experience:
(g) f` r4f rl D f I Engineer(PE) OR the State of Minnesota
(C) Minimum of six years previous public works experience including at least two
years utilities;
(D) Four years of supervisory experience
(E) Consideration may be given to any equivalent combination of education and
experience
DESIRED QUALIFICATIONS
NECESSARY KNOWLEDGE, SKILLS AND ABILITIES
(A) Considerable knowledge of civil engineering principles, practices and
methods as applicable to a municipal setting; thorough knowledge of
applicable City policies, laws, and regulations affecting department activities;
(B) Skill in operating the listed tools and equipment;
(C) Ability to communicate effectively, orally and in writing, with employees,
consultants, other governmental agency representatives, City officials and the
general public; ability to conduct necessary engineering research and compile
comprehensive reports.
(D) Experience managing and overseeing streets and utilities reconstruction
projects
(E) Experience and knowledge of municipal water delivery and sanitary sewer
systems operations
SPECIAL REQUIREMENTS
(A) Must possess a valid State driver's license or have the ability to obtain one
prior to employment
TOOLS AND EQUIPMENT USED
Personal computer, including word processing, spreadsheet, and data base; motor vehicle;
phone; radio; fax and copy machine.
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.
Work is performed mostly in office settings. Some outdoor work is required in the
inspection of various land use developments, construction sites, or public works facilities.
Hand -eye coordination is necessary to operate computers and various pieces of office
equipment.
While performing the duties of this job, the employee is occasionally required to stand;
walk; use hands to finger, handle, feel or operate objects, tools, or controls; and reach with
hands and arms. The employee is occasionally required to sit; climb or balance; stoop,
kneel, crouch, or crawl; talk or hear; and smell.
The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities
required by this job include close vision, distance vision, color vision, peripheral vision,
depth perception, and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an
employee encounters while performing the
accommodations may be made to enable
essential functions.
essential functions of this job. Reasonable
individuals with disabilities to perform the
While performing the duties of this job, the employee occasionally works in outside weather
conditions. The employee occasionally works near moving mechanical parts and in high,
precarious places and is occasionally exposed to wet and/or humid conditions, fumes or
airborne particles, toxic or caustic chemicals, risk of electrical shock, and vibration.
The noise level in the work environment is usually quiet to moderate. Situations may occur
where the employee is dealing with people who are angry, upset or belligerent.
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:
City Administrator
Effective Date: October 9, 2017
Approval:
Mayor
Revision History:
10/2017
12/2014
04/2008
09/2001
06/1997
1995 ADA
Item No: 6.G.
MOUNDS = �/ Tt� Meeting Date: October 9, 2017
Type of Business: Council Consent
Administrator review:
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nyle Zikmund, Interim City Administrator
Item Title/Subject: Resolution 8842, Updated Public Works Supervisor Job
Description
Background
At the October 2, 2017 City Council Workshop the Council discussed staffing issues
within the Public Works Division. That discussion included a reorganization plan as well
as review of requirements for the Public Works Director position and a consensus to
update the position description to reflect the councils consensus. This action item along
with Council direction results in modest changes to the Public Works Supervisor Position.
Discussion
As part of the effort to reorganize the Public Works Department all job duties for all
positions as well as the job title are being reviewed. In reviewing the Public Works
Supervisor Position it was determined that while seemingly incidental, the title of
Superintendent is more consistent with industry terminology and standards. This change
is reflected in the updated job description along with non -substantive job duties as
detailed and highlighted in the attached revision.
Recommendation
Staff recommends approval of Resolution 8842 which reflects council direction work on
reorganization of the division. Approval of this update is linked to the Public Works
Director Update in that it will allow staff necessary latitude in the hiring process following
the Public Works Director process. This would be an internally posted position.
Respectfully submitted,
e Zil and
Interim City Administrator
RESOLUTION NO. 8842
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING UPDATED
PUBLIC WORKS SUPERVISOR JOB DESCRIPTION
WHEREAS, The City of Mounds View has a vacancy in the Public Works Director
position; and
WHEREAS, The City of Mounds View council discussed staffing/reorganization of
the Public Works Division at their October 3, 2017 workshop; and
WHEREAS, Resolution 8842 is the second action item to continue the
reorganization process by providing a more updated and job duty description thereby
enabling the effort to proceed further,
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
approves the updated Public Works Supervisor Job Description dated October 9, 2017
Adopted this 9th day of October, 2017.
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(seal)
CITY OF MOUNDS VIEW
POSITION DESCRIPTION
Position Title: Public Works Superviser5uperintendent
Department: Public Works - Operation and Maintenance Division
Accountable to: Director of Public Works
Status: Exempt
PRIMARY OBJECTIVE OF POSITON
Under the guidance and supervision of the Public Works Director, this position is responsible to
proactively supervise operation and maintenance division personnel and effectively implement
work plans for the reliable and long-term operation, maintenance, and repair of all City -owned
infrastructure involving drinking water supply and wastewater collection systems; streets and
trails; stormwater conveyance and treatment systems; vehicles and equipment; and the public
works facility.
SUPERVISION RECEIVED
This position is supervised by and works under the general guidance and direction of the Public
Works Director.
SUPERVISION EXERCISED
Direct supervision over all assigned operation and maintenance (O&M) division personnel in the
Public Works Department, including other O&M division personnel assigned to the Parks
Supervisor in his/her absence. This position will assume the duties of the Public Works Director
during short-term absences of the Director.
ESSENTIAL DUTIES AND RESPONSIBILITIES
• Assign and provide work direction and technical assistance to maintenance personnel
including resolving problems on a daily basis to accomplish the overall work schedule,
making the best possible use of manpower, materials, and equipment, to carry out
established division priorities and work plans as directed by the Public Works Director.
• Plan, organize, and prioritize O&M division activities and oversee maintenance personnel to
ensure work activities are completed in a professional, timely, efficient, and cost-effective
manner.
• Instruct personnel on proper procedures and practices for completing assigned job tasks.
• ''.Coordinate work activities with maintenance activities of parks, park facilities, buildings, and
grounds. through Gollaberation with
• Solicit quotes and procure materials, supplies, tools, equipment, and contractual services
needed for O&M division work in accordance with State law and City purchasing policies.
• Review and validate payment invoices/purchase orders, denote budget expenditure account,
and submit for approval.
• Record and maintain records/logs/lists relating to inspections, maintenance activity, time, and
materials used.
• Enforce and instruct safety standards and applicable City, State, and Federal work rules,
policies, and procedures.
Public Works Supervisor Position Description Page 1/4
• Provide general supervision to assigned personnel including providing informal feedback
regarding job performance, annual performance reviews, and conducting employee training.
• Manage personnel matters relating to attendance, overtime, vacation, sick leave, and after-
hours "on-call" staffing, including the review and approval of timesheets and leave requests.
• Review and make recommendations to the Public Works Director involving hiring,
transferring, suspension, promotion, discharge, reward, or discipline of assigned personnel.
• Answer questions and resolve problems and complaints from the public in a timely and
courteous manner.
• Perform administrative duties including assisting with budget preparation and quarterly
reports, writing staff reports and memos, and operating a computer and software.
• Keep Public Works Director informed of the status of various maintenance projects and
needs related to the division including the development of short- and long-range programs
and goals for the division operations and maintenance.
• Write specifications, identify and assess vendor products and/or services, and make
recommendations for replacement of equipment, vehicles, and other related items to the
Public Works Director.
• Assist with various project development activities, including project scoping, costs estimates,
schedules, plans/specifications, bidding, contract administration, and construction
management for smaller capital improvements and miscellaneous'proiects_
• Occasionally operate light and heavy equipment and assist division personnel with
completing job tasks and activities.
• Attend meetings, seminars, or other training.
• Performs other duties and responsibilities as apparent or assigned by the Public Works
Director. Assume duties of Public Works Director during short-term absences.
• Attend and participate in design meetings -pre-bid conferences public bid openings
MINIMUM QUALIFICATIONS
• High School diploma or GED, and two years post -secondary education at a vocational
school, college, or university.
• Five years of increasingly responsible experience in managing, operating, maintaining,
and/or constructing public works infrastructure, facilities, buildings, parks, and/or vehicles.
• Three years supervisory experience with a demonstrated ability to direct and supervise a
wide variety of personnel.
• Two years working knowledge of municipal government experience.
• See "Special Requirements" for additional qualifications regarding licensures.
PREFERRED QUALIFICATIONS
• Bachelor's degree from an accredited institution in Construction Management, Civil
Engineering, Public Administration, Business Administration, or other related field.
• Five years or more of supervisory experience.
• Public Works Certification as accredited by American Public Works Association (APWA)
NECESSARY KNOWLEDGE, SKILLS, AND ABILITIES
Public Works Supervisor Position Description Page 2/4
• Considerable knowledge of the time, costs, materials, methods, techniques, tools, and
equipment used in repairing, operating, maintaining, and constructing various public works
infrastructure and facilities.
• Considerable knowledge of the principals and practices of supervision, including the ability to
supervise a group of eight up to 20 maintenance workers.
• Considerable knowledge of, and the ability to enforce, standard safety practices and
procedures commonly associated with operation, maintenance, and repair activities for public
works infrastructure, facilities, vehicles, and equipment.
• Skill and knowledge in the operation and care of tools, vehicles, light/heavy equipment, and
building systems.
• Ability to monitor, track, and control expenditures against budgetary constraints.
• Ability to plan, organize, and coordinate a number of simultaneous, on-going maintenance
projects requiring a variable amount of resources and personnel time.
• Ability to establish and maintain effective working relationships and to deal tactfully,
confidently, and effectively with all City personnel, outside agencies, vendors, and the
general public, both in person and over the telephone.
• Ability to read and interpret construction plans and specifications, maps, O&M manuals, and
other technical documents.
• Ability to communicate effectively, in English, both verbally and in writing.
• Proven skill and knowledge in using computers to maintain records and electronic files;
prepare letters, memos, and reports; correspond via e-mail; and research using the internet.
SPECIAL REQUIREMENTS
Possess a valid Minnesota Class D driver's license and the ability to obtain a CDL Class B
license within one year of hire.
Possess a Water Supply System Operator Class D certificate or the ability to obtain within 18
months of hire.
Possess a Wastewater Operator Class S -D certificate or the ability to obtain within 18 months
of hire.
TOOLS AND EQUIPMENT USED
• Personal computers and software programs, including MS Office suite (Outlook, Word, Excel,
Access) and Internet Explorer.
• SCADA system, motor vehicles, phone, fax, and copy machine.
• On occasion, light and heavy equipment.
WORK ENVIRONMENT/PHYSICAL DEMANDS
The work environment and physical demands described herein 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.
Work for this job is located in both indoor and outdoor environments. The indoor work
environment is typically in a HVAC -conditioned office setting with moderate noise levels, but can
vary while supervising personnel in an unconditioned garage -type setting with occasional loud
noise levels. Job duties also require exposure to outdoor conditions year-round, including
adverse weather conditions and outdoor areas under heavy/highway, utility, or facility
Public Works Supervisor Position Description Page 3/4
construction. The employee may occasionally work near moving mechanical parts and in high,
precarious places and is occasionally exposed to wet and/or humid conditions, fumes or
airborne particles, traffic, toxic or caustic chemicals, risk of electrical shock, and vibration.
The employee is frequently required to sit; stand; walk; use hands to finger, handle, feel or
operate objects, tools, or controls; and reach with hands and arms and occasionally climb or
balance; stoop, kneel, crouch, or crawl; taste or smell. Visual acuity sufficient to evaluate field
conditions, construction practices and work done, and plans and drawings is necessary, as is
the ability to communicate orally in person and over the telephone. Specific vision abilities
include close vision, distance vision, color vision, peripheral vision, depth perception, and the
ability to adjust focus. The employee must frequently lift and/or move up to 25 pounds and
occasionally up to 100 pounds.
SELECTION GUIDELINES
Formal application and resume, 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
the employee and is subject to change by the employer as the needs of the employer and
requirements of the job change.
Approval:
Supervisor
Effective Date:
Hay: 438 pts
Approval:
Clerk - Administrator
Revision History: 10/2017
12/2009
04/2006
02/2004
Public Works Supervisor Position Description Page 4/4
MOms VIEW Item No: 9.A.
A Meeting Date: October 9, 2017
Type of Business: Council Business
Administrator Review:
City of Mouna's View 5taff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Public Hearing to receive Public Input and pass upon Resolution
8835 Adopting a Special Assessment Levy for Delinquent Public
Utility Accounts
A public hearing is scheduled for 6:00 P.M. or as soon thereafter to receive public input regarding
the proposed assessment of delinquent public utility accounts. Individual notices of the meeting
were sent by first class mail to the affected property owners on September 22, 2017. Attached is
the full roll of assessment notices that were sent out. These are accounts that were delinquent as
of September 1, 2017.
Some of the property owners already have paid, or will pay, the amount due by 4:30 P.M. on
Monday, October 9, 2017 in order to avoid the $35.00 administrative fee. Others will pay after the
roll is certified Monday night, but before the roll is forwarded to Ramsey County. In that case, they
will pay the total due, including the administrative fee.
Owners may prepay the assessment between October 10, 2017 and November 9, 2017 without
paying additional interest. After that, interest at the rate of 5.5% will accrue from October 9, 2017
through the payment date. The interest rate and administrative fee were set by the City Council in
Resolution 7135.
On or about November 30, 2017, we will forward the assessment roll, minus any prepayments, to
Ramsey County for collection with the 2018 property taxes.
Respectfully submitted,
ark Beer
RESOLUTION NO. 8835
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Adopting a Special Assessment Levy for Delinquent Public Utility Accounts
WHEREAS, pursuant to proper notice given as required by law, the City Council has met
and heard and passed upon all objections to the proposed assessment for delinquent public utility
accounts.
that:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View
1. Such proposed assessment roll, a copy of which is attached hereto and made a part
hereof, is accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein is hereby found to be benefited by the public utility
services in the amount of the assessment levied against it.
2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in
2018 in one annual installment with interest thereon at five and one half (5.5) percent per
annum, and shall bear interest on the entire assessment from October 9, 2017 through
December 31, 2018.
3. The owner of any property so assessed may at any time prior to the certification of the
assessment to the County Auditor pay the whole of the assessment, with interest accrued
to the date of payment, to the City Treasurer, except that no interest shall be charged if
the entire assessment is paid within 30 days from the adoption of this resolution; and the
owner may, at any time thereafter, pay to the City Treasurer the entire amount of the
assessment, with interest from the date of adoption of this resolution through the date of
payment, such payment must be made before November 30th, or interest will be charged
through December of the succeeding year.
4. The City Administrator shall forthwith transmit a certified duplicate of this assessment to
the County Auditor to be extended on the property tax lists of the county, and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Adopted this 91h Day of October 2017.
Carol A. Mueller, Mayor
(ATTEST)
Nyle Zikmund, Interim City Administrator
(SEAL)
City of Mounds View
Delinquent Utility Charges
Certify 17 for Pay 18
Resolution 8835
59201803
One year assessments
Interest rate 5.5%
PIN
First Name
Last Name
Address 1
Total
083023320021
Brian / Heather
Sandkuhler
2440
Clearview Ave
882.33
073023410077
Robert
Carter
2609
Louisa Ave
545.04
073023410073
Richard / Julie
Busby
2625
Louisa Ave
826.95
083023330073
Amanda
Prince
5066
Irondale Rd
600.74
083023320050
Carl
Spande
5219
Irondale Road
501.65
083023320075
Kris
Oberpriller
5256
Long Lake Road
153.13
083023320045
Lyle / Amy
Henderson
2455
Woodale Dr
543.91
073023410141
Gina Grindatti-Swanson
Daniel Swanson
2613
Woodale Or
412.18
073023420069
Michael 1 Helen
Brandt
5174
Longview Dr
730.43
073023430080
Daniel
Bryngelson
5066
Red Oak Or
345.97
073023420033
Nathan / Mayra
Engel
5254
Red Oak Or
846.82
073023310002
Robert
Waste Jr
2800
County Rd H2
341.29
073023320018
Joshua /Jennifer
Bode
3033
Woodale Dr
695.59
083023210047
Zulfiquar
Punjani
2408
County Road 1
414.63
083023210035
James Sigmundik
Brittany Segers
7628
Greenfield Ave
1,137.36
053023310045
Peggy Jean
Boden
7928
Greenfield Ave
534.52
083023240011
Gregory / Elizabeth
Newman
5323
Jackson Dr
515.94
053023340025
David
Frego
5612
St Michael St
387.56
053023340051
Nancy / Patrick
Dube
5600
St Stephen St
644.54
053023340044
Caitlin
Connery
5601
St Stephen St
312.44
063023140053
Karen / Joseph
Moe
2619
Ardan Ave
193.07
063023140056
Eric
Du Franc
2657
Arden Ave
406.08
063023140028
Gregory
Melhouse
8242
Greenwood Or
280.91
063023110033
Kenneth Rothenberger
Mary Traufler
8405
Greenwood Dr
829.69
053023240036
Paul Van Beusekom
Cassandra Olson
2308
Laport Dr
333.32
053023240044
Jon /Angela
Tilden
2400
Laport Or
677.91
053023310002
Kari/Jack
Meyer
2310
Sherwood Rd
176.29
063023310021
Nicholas
Firkus
2824
Sherwood Rd
752.33
053023330032
Todd
Hurst
7801
Woodlawn Dr
498.16
053023320056
Mike / Susan
Rasmussen
8081
Woodlawn Dr
498.91
083023110004
Robert
Moreland
2133
Belle Lane
476.80
083023110012
Kathryn Miller
Michael Smith
2142
Belle Lane
261.28
083023130014
Michael
Peterson
2294
Bronson Or
479.16
083023140059
Dale / Sara Anne
Persons
5307
Clifton Or
354.18
083023140058
Kyle / Kim
Cooped
5315
Clifton Or
307.38
083023140040
Shoreview Area Housing
5352
Clifton Or
557.96
083023140044
Neal
Mortensen
5380
Clifton Or
499.90
083023120029
Scott/Jayne
Steuck
5438
Erickson Rd
724.93
083023120038
Peter
Darby
5512
Erickson Rd
422.45
083023130065
Tom / Lisa
Fields
2255
Lambert Ave
2,680.04
083023140073
Erin
Testor-Dreier
5358
Quincy St
662.49
083023140028
David
Hofgren
5299
Raymond Ave
254.46
053023420007
Thomas / Susan
Lavelle
2241
Knoll Dr
628.56
053023420048
Lorel West
James West
2296
Lois Dr
643.37
053023440028
Shoreview Area Housing
2076
Oakwood Dr
225.23
053023440040
Garrett
Meyer
2166
Oakwood Dr
431.36
053023430021
Josh/ Rebecca
Fulwider
2259
Oakwood Dr
169.52
053023340007
Scott
Van Vickie
2333
Oakwood Dr
236.65
053023430083
John
Munsterman
2273
Pinewood Or
1,836.44
053023410015
Mala
Xiong
5721/5723 Quincy St
481.66
053023440058
Norman
Rosenkranz
2070
Terrace Or
146.62
053023440059
Tracy
Johnson
2076
Terrace Or
643.75
053023440061
Jacqueline
Barrett
2090
Terrace Or
450.82
053023440053
Cara
Pomerleau
2097
Terrace Or
367.26
053023440071
Danny Leo
Levercom
2158
Terrace Or
771.94
053023430064
Sonja
Magney
2184
Terrace Dr
715.77
053023430050
Matthew
Tell
2279
Terrace Dr
596.29
063023420058
Vernon
Olson
7933
Fairchild Ave
518.60
063023310012
James Fuller
Amy Barthel
7934
Fairchild Ave
220.00
063023120108
Gary /Tamar
Koenig
8379
Fairchild Ave
563.16
063023240013
063023220037
063023230047
073023210017
073023210045
073023210027
073023240012
073023240021
063023340050
073023240039
073023240048
073023230020
073023220018
053023310018
063023440026
063023410014
063023410015
053023440006
053023430010
053023420052
053023330041
063023440031
063023410073
063023140015
063023140052
063023130027
063023120066
063023120087
083023330082
083023330003
083023310011
083023310074
083023440008
063023310173
053023320007
063023410006
053023230056
063023110068
063023310031
063023120077
063023120034
063023120018
053023230031
053023230047
053023340075
083023220017
083023220017
053023420056
053023440079
083023110003
083023140012
083023140013
083023140013
073023440103
083023320107
073023440078
073023430095
073023420014
073023430062
073023310045
073023130036
073023210076
073023320035
073023230001
083023240021
073023410234
073023410178
Thomas / Heidi
Paul / Patricia
Kenneth / Michelle
Steven Wang
Jeffrey / Bridget
Daniel / Shelly
Lisa
Michael / Janine
Doug
Michelle
Raul
Patricia
Mark
Steven / Brittney
Patrick
Andre
Jeffrey
Brent
Stephanie
John /Anna
June
Belle
Neil / Christina
Hazel
Eugene / Brenda
Bijeeta / Sabin
Thomas
Stacey
Daniel/Jodi
Robert
Joshua
Nathaniel / Christina
Loizos
Ronald
William Carlson
Mike / Rachell
Amanda
Rodolfo / Michelle
State of MN Trust Exempt
Melissa Brunson
Beth
Charles / Deborah
Dale
Brian / Sonya
Mary / Kristi
John / Karieen
John / Karieen
Chem
Jillian / James
Christian / Marjorie
R -N -R Properties LLC
Alejandro
Alejandro
Connie
Richard
Gary
Erin
James / Iona
Karin
Michael
Cathy
Bamidele/ Nofisatu
Christopher / Tracey
Lora
Robert H
Katherine
Amy / Gabriel
Walraven
Funke
Mackey
Laura Fredrick Wang
Lundquist
Scheeler
Heitmiller
Smith
Fisher
Scott
Sacta
Johnson
Jenson
Chew
Nelson
Keen
Freund
Bedbury
Harris
Weber
Bormann
Price
Corbett
Jennings
Bahnemann
Bajracharya
Ashley Jr
Gardebrecht
Lorence
Hall
MacDonald
Doku
Loizou
Lillestrand
Georganne Nietz
Gulbranson
McBride
Lalor
Georgeanne Mona Falk
Cronky
Pelton
Jorgensen
Tormanen
Olson
Witt
Witt
Braden
Hoffman
Weinhagen
Flores -Carroll
Flores -Carroll
Wilson
O'Leary
Hartman
Lunzer
Flynn
Smith
Abou Mourad
Magoris
Okanlawon
Jester
Schommer
Waste Estate
McMahon
Lopez
8203 Groveland Rd
8441 Pleasant View Dr
8281 Spring Lake Rd
2833 Bronson Or
2849 Bronson Or
7644 Groveland Rd
7382 Knoliwood Dr
7485 Knoliwood Or
7728 Knollwood Or
7338 Silver Lake Rd
7444 Silver Lake Rd
7380 Spring Lake Rd
7564 Spring Lake Rd
2411 Greenfield PI
7730 Greenwood Dr
7951 Greenwood Dr
7961 Greenwood Dr
2096 Hillview Rd
2250 Hillview Rd
2253 Hillview Rd
2426 Hillview Rd
7755 Eastwood Rd
8021 Eastwood Rd
8185 Eastwood Rd
8231 Eastwood Rd
8240 Red Oak Or
8287 Red Oak Dr
8484 Sunnyside Rd
5061 Edgewood Or
5189 Edgewood Or
5250 Edgewood Or
5309 Greenfield Ave
2145 County Rd H
2925 Mounds View Blvd
8041 Long Lake Rd
8046 Long Lake Rd
8101 Long Lake Rd
8310 Long Lake Rd
2901 Mounds View Blvd
8475 Red Oak Or
8405 Red Oak Or
8312 Red Oak Dr
8247 Long Lake Rd
2459 Sherwood Rd
2375 Pinewood Cir
7640 Woodlawn Dr#A
7640 Woodlawn Dr *B
2225 Hillview Rd
2139 Pinewood Or
2125 Belle Lane
5302 Raymond Ave
5296 Raymond Ave
5294 Raymond Ave
5067 Long Lake Rd
2536 County Rd H2
5060 Rainbow Lane
5060 Sunnyside Rd
2653 Clearview Ave
5045 Red Oak Or
7090 Silver Lake Rd
2741 Hodges Lane
7658 Silver Lake Rd
7250 Hidden Hollow Ct
3032 Bronson Dr
2345 B County Rd H2
5238 Greenwood Dr
5272 Greenwood Or
168.56
574.90
817.66
845.17
759.98
970.91
652.71
821.20
304.23
360.29
659.58
237.31
961.17
366.11
441.65
589.35
5,816.93
609.10
535.06
246.52
642.02
659.01
639.40
581.15
951.60
482.53
826.61
397.47
705.93
250.26
799.55
896.98
1,499.48
890.53
793.52
776.73
786.23
653.57
438.50
993.65
589.90
585.70
684.06
639.53
754.98
417.64
820.89
1,038.26
2,013.59
1,392.88
793.06
533.25
459.57
365.23
533.54
1,460.41
293.16
1,693.39
1,587.95
553.11
621.38
2,286.57
910.23
287.94
790.35
1,163.43
394.50
88,020.83
a
MO �S � _ Item No: 9.6
Meeting Date: October 9, 2017
-- ---- Type of Business: Council Business
Administrator Review: ,
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Public Hearing to Receive Public Input and Pass Upon
Resolution 8836 Adopting a Special Assessment Levy for Unpaid
Diseased Tree Charges.
A public hearing is scheduled for 6:00 P.M. or as soon thereafter to receive public input regarding
the proposed assessment of unpaid administrative offense charges, nuisance abatement charges,
and diseased tree charges. Individual notices of the meeting were sent by first class mail to the
affected property owners.
The property owner may pay the amount due by 4:30 P.M. on Monday, October 9, 2017 in order to
avoid the $35.00 administrative fee. The owner may prepay the assessment between October 10,
2017 and November 9, 2017 without paying additional interest. After that, interest at the rate of
5.50% will accrue from October 9, 2017 through the payment date. This interest rate and
administrative fee were set by the City Council in Resolution 7135.
On or after November 30, 2017, we will forward the assessment roll to Ramsey County for collection
with the 2018 property taxes.
Respectfully submitted,
Mark Beer, Finance irector
RESOLUTION NO. 8836
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Adopting a Special Assessment Levy for Unpaid Diseased Tree Charges
WHEREAS, pursuant to proper notice given as required by law, the City Council has met
and heard and passed upon all objections to the proposed assessment for unpaid administrative
offense charges, nuisance abatement charges, and diseased tree charges.
that:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View
1. Such proposed assessment roll, a copy of which is attached hereto and made a part
hereof, is accepted and shall constitute the special assessments against the lands named
therein, and each tract of land therein is hereby found to be benefited by unpaid diseased
tree charges in the amount of the assessment levied against it.
2. The assessments as adopted and confirmed shall be payable in equal annual installments
over a period of one three (3) years for diseased tree charges, the first of the installments
to be payable on or before the first Monday in January 2018, and shall bear interest at
the rate of five and one half (5.5) percent per annum from October 9, 2017 through
December 31, 2018. To each subsequent installment when due shall be added interest
for one year on all unpaid installments.
3. The owner of any property so assessed may at any time prior to the certification of the
assessment to the County Auditor pay the whole of the assessment, with interest accrued
to the date of payment, to the City Treasurer, except that no interest shall be charged if
the entire assessment is paid within 30 days from the adoption of this resolution; and the
owner may, at any time thereafter, pay to the City Treasurer the entire amount of the
assessment, with interest from the date of adoption of this resolution through the date of
payment, such payment must be made before November 30'", or interest will be charged
through December of the succeeding year.
4. The City Administrator shall forthwith transmit a certified duplicate of this assessment to
the County Auditor to be extended on the property tax lists of the county, and such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Adopted this 91h Day of October 2017.
Carol A. Mueller, Mayor
(ATTEST)
Nyle Zikmund, Interim City Administrator
(SEAL)
City of Mounds View
Diseased Tree Removal Charges
Certify 17 for Pay 18
Resolution 8836
59201804
Three year assessments
Interest rate 5.5%
PID# Name
063023440019 Jodi Johnson
073023440077 Lenette Baker
Address Charge Admin Fee Total Amount
7870 Greenwood Drive $270.00 $35.00 $305.00
5054 Rainbow Lane $2,835.00 $35.00 $2,870.00
$3,175.00
of Mounds Vlew Staff
Item No: 9.C.
Meeting Date: October 9, 2017
Type of Business: Council Business
Administrator Review:
To: Honorable Mayor and City Council
From: Mike Bradley, Attorney for the North Suburban
Communications Commission (NSCC)
Item Title/Subject: Second Reading and Adoption of Ordinance 937 an
Ordinance Granting a Franchise to Comcast of Minnesota,
Inc., D/B/A Comcast to Construct, Operate, and Maintain a
Cable Communications System in the City of Mounds View;
Setting Forth Conditions Accompanying the Grant of the
Franchise; Providing for Regulation and Use of the System
and the Public Rights -Of -Way in Conjunction with the City's
Right -Of -Way Ordinance, if any, and Prescribing Penalties
for the Violation of the Provisions Herein;
Introduction:
The City of Mounds View is a member of North Suburban Communications
Commission (the "NSCC"), a municipal joint powers entity formed by nine member
cities. The NSCC administers the cable franchises that each member city has with
Comcast and CenturyLink.
The current Comcast cable franchise was granted in 1998 for a fifteen year term.
Comcast and the NSCC commenced initial informal negotiations in 2011. Informal
negotiations did not result in an agreement and led to the parties following the formal
cable franchise renewal process set forth in federal law. That process included the
NSCC conducting a formal needs ascertainment and issuing a request for renewal
proposal to Comcast. Comcast submitted a formal renewal proposal. After holding a
public hearing on the renewal proposal, the member cities, upon the recommendation
of the NSCC, made a preliminary decision not to renew the Comcast franchise.
Comcast and NSCC sent the matter on to the Minnesota Office of Administrative
Hearings ("OAH") to have an Administrative Law Judge ("ALJ") hear the matter and
prepare a recommendation to the NSCC on whether to renew the Comcast franchise.
While the matter was pending before OAH, Comcast and the NSCC agreed to
recommence informal cable franchise negotiations. These negotiations resulted in the
attached Comcast cable franchise agreement, which the NSCC has recommended for
adoption by the City. The NSCC also held a public hearing on behalf of its member
cities on August 3, 2017.
DISCUSSION
Deal Point Summary
The following is a high level deal point summary of the Comcast Cable Franchise under
consideration.
1. Mutually agreeable Franchise. The current cable franchise was ultimately used
as a base document.
• Incorporates prior agreements on renewal terms.
o Gross Revenues Definition
o Auditing Provisions
o Electronic Programming Guide
o Channel Placement
2. 10 year franchise term.
3. 5% Franchise Fee paid to each Member City.
4. Current PEG Grant Funding pursuant to 1994 MOU remains in place through
December 31, 2017. Maintaining current funding through year-end will allow NSCC to
budget for 2018 using the new PEG funding that starts in 2018.
5. Starting January 1, 2018, Comcast will pay a 3% PEG Capital Fee.
• New NSAC PEG Sponsorship Agreement commences January 1, 2018.
o Allows PEG funding to continue to be used for capital and operational
purposes.
o Agreed to simultaneously with Franchise.
• Comcast allowed to recover a claimed PEG funding underrecovery through a
.5% PEG Fee through December 31, 2019.
• No change in PEG Fee in 2017 - capped at $6.00.
• All subscribers should see their PEG Fee decrease starting in 2018, but the
amount of the new PEG fee will fluctuate per subscriber depending on the
amount of the cable television services purchased.
6. 6 SD PEG channels, plus 2 HD PEG channels. One additional HD PEG channel
(31d HD Channel) 60 months after the effective date. Comcast may simulcast all PEG
channels in HD.
• PEG Available to all subscribers regardless of tier of service.
• No provision for Universal Service (reception of PEG channels only at no
charge).
• Electronic Programming Guide — per 2014 Settlement Agreement.
• Channel Placement — close proximity to Broadcast Channels — like 2014
Settlement Agreement.
• Complimentary Service and Equipment to Public Buildings.
PA
o Drop to additional public buildings 250 to 500 feet depending on whether
it is aerial or underground. (limited to 5 additional buildings)
0 7 boxes per City Hall and 3 boxes at other locations per Franchise and
Side Letter.
• New Remote Cablecasting Provisions.
o Comcast will provide equipment to allow for remote cablecasting using
the Comcast public internet.
Network Services to the Commission and Member Cities.
• Comcast will continue to provide PEG Video Origination Feeds from Member
Cities to the Commission.
o Through the old I -Net or alternative means — same functionality.
• Comcast will continue to allow PEG Video Sharing with neighboring
jurisdictions.
o Through the old PRISMA network or alternative means —same
functionality.
Enterprise Services Option.
o For Member Cities and Commission using the old I -Net for phone and
data services.
o Roseville, Arden Hills, Lauderdale, and North Oaks.
• Others can join as needed.
o Competitive Pricing.
o Can use fiber I -Net through December 31, 2017.
o City of Roseville will coordinate data and phone needs with Member
Cities.
o Most Favored Nations clause — Comcast has agreed to match pricing
and services given to any other Twin Cities municipal entities.
Level Playing Field
Requirement to treat competitors similarly related to Franchise Fees, PEG
Funding, PEG Channels, and Customer Service.
o Side Agreement that current CenturyLink Franchise is treated
similarly.
9. Standard FCC customer service provisions and reporting.
10. Mutually acceptable audit and dispute resolution procedures and provisions.
11. Indemnification. Comcast will provide indemnification from any litigation arising
from the passage of the Franchise for a period of 6 months following the Effective Date
of the Franchise.
ACTIONS REQUESTED
The NSCC recommends approval of the attached cable television franchise ordinance.
The City should follow its typical process for adoption of an ordinance. Assuming
approval by all of the member cities and acceptance by Comcast of the cable franchise,
the NSCC and Comcast would take action to terminate the formal cable franchise
renewal process pending before the OAH.
ORDINANCE NO. 937
CITY OF MOUNDS VIEW
CABLE TELEVISION FRANCHISE ORDINANCE
Date: September 25, 2017
Prepared by:
Michael R. Bradley
Bradley Berldand Hagen & Herbst, LLC
1976 Wooddale Drive, Suite 3A
Woodbury, MN 55125
Telephone: (651) 379-0900
E -Mail: mike@bradleylawmn.com
Table of Contents
STATEMENT OF INTENT AND PURPOSE .........................
FINDINGS...........................................................................
SECTION 1. SHORT TITLE AND DEFINITIONS ...............
.................................. I
.................................. 1
.................................. 2
SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS ................................ 5
SECTION 3. CONSTRUCTION STANDARDS........................................................................ 10
SECTION 4. DESIGN PROVISIONS........................................................................................ 12
SECTION 5. SERVICE PROVISIONS..................................................................................... 14
SECTION 6. ACCESS CHANNEL(S) PROVISIONS............................................................... 16
SECTION 7. NETWORKING PROVISIONS............................................................................ 19
SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS ................................... 20
SECTION 9. DISPUTE RESOLUTION..................................................................................... 23
SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION. OF
FRANCHISE........................................................................................................ 27
SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS ...................................................... 30
SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS ....................... 31
SECTION 13. MISCELLANEOUS PROVISIONS.................................................................... 31
SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS ........ 33
Exhibit A — Drops to Designated Buildings............................................................................... A-1
i
Exhibit B — Comcast Enterprise Services Master Services Agreement (MSA) ......................... B-1
Exhibit B2 — First Amendment to Comcast Enterprise Services Master Agreement ............... 132-1
Exhibit 133- Comcast Enterprise Services General Terms and Conditions ............................... 133-1
Exhibit C — Existing Network Facilities..................................................................................... C-1
Exhibit C — Schedule C-1 — Dark Fiber Connections....................................................... Sch C-1-1
Exhibit C — Schedule C-2 — PEG Origination Points ....................................................... Sch C-2-1
Exhibit D — March 1, 2012, Settlement Agreement.................................................................... D-1
Exhibit E— Sample Gross Revenues Report ................................................................................E-1
Exhibit F — Performance Bond.................................................................................................... F-1
Exhibit G — Indemnification Agreement..................................................................................... G-1
ii
ORDINANCE NO. 937
AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF MINNESOTA, INC.,
D/B/A COMCAST TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN THE CITY OF MOUNDS VIEW; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR
REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN
CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN;
The City Council of the City of Mounds View ordains:
STATEMENT OF INTENT AND PURPOSE
The City intends, by the adoption of this Franchise, to bring about the further development of a
Cable System and the continued operation of it. Such development can contribute significantly to
the communication needs and desires of the residents and citizens of the City and the public
generally. Further, the City may achieve better utilization and improvement of public services and
enhanced economic development with the development and operation of a Cable Communication
System.
Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and
its residents.
FINDINGS
In the review of the request and proposal for renewal by Grantee and negotiations related thereto,
and as a result of a public hearing, the City Council makes the following findings:
The Grantee's technical ability, financial condition, legal qualifications, and
character were considered and approved in a full public proceeding after due notice
and a reasonable opportunity to be heard;
2. Grantee's plans for constructing, upgrading, and operating the System were
considered and found adequate and feasible in a full public proceeding after due
notice and a reasonable opportunity to be heard;
The Franchise granted to Grantee by the City complies with the existing applicable
Minnesota Statutes, federal laws and regulations; and
4. The Franchise granted to Grantee is nonexclusive.
SECTION 1. SHORT TITLE AND DEFINITIONS
1. Short Title. This Franchise Ordinance shall be known and cited as the Comcast
Cable Franchise Ordinance.
2. Definitions. For the purposes of this Franchise, the following terms, phrases,
words, and their derivations shall have the meaning given herein. When not inconsistent with the
context, words in the singular number include the plural number. The word "shall" is always
mandatory and not merely directory. The word "may" is directory and discretionary and not
mandatory.
a. 'Basic Cable Service" shall be defined as set forth in applicable law, which
is currently defined in 47 USC § 522(3) as any service tier which includes the
retransmission of local television broadcast signals.
b. "City" means City of Mounds View, a municipal corporation, in the State
of Minnesota, acting by and through its City Council, or its lawfully appointed designee.
C. "City Council' means the governing body of the City.
d. "Cable Service" or "Service" shall be defined as set forth in applicable law,
which is currently defined in 47 USC § 522(6) as the one-way transmission to subscribers
of (i) video programming, or (ii) other programming service, and subscriber interaction, if
any, which is required for the selection or use of such video programming or other
programming service.
C. "Cable System" or "System" shall be defined as set forth in applicable law,
which is currently defined in 47 USC § 522(7) as a facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and control equipment that
is designed to provide cable service which includes video programming and which is
provided to multiple subscribers within a community, but such term does not include (A)
a facility that selves only to retransmit the television signals of 1 or more television
broadcast stations; (B) a facility that serves subscribers without using any public right-of-
way; (C) a facility of a common carrier which is subject, in whole or in part, to the
provisions of subchapter II of the Communications Act of 1934, as amended, except that
such facility shall be considered a cable system (other than for purposes of section 541(c)
of the Federal Cable Act) to the extent such facility is used in the transmission of video
programming directly to subscribers, unless the extent of such use is solely to provide
interactive on -demand services; (D) an open video system that complies with section 573
of the Federal Cable Act; or (E) any facilities of any electric utility used solely for operating
its electric utility system. This definition shall incorporate by reference the definition of
"cable communications system" in Minnesota Statutes Section 238.02, Subdivision 3, as
the same may be amended from time to time.
f "Commission" means the North Suburban Communications Commission, a
municipal Joint Powers Commission.
2
g. "Converter" means an electronic device such as a set-top box or digital
adapter which converts signals to a frequency acceptable to a television receiver of a
Subscriber and by an appropriate selector permits a Subscriber to view all Subscriber
signals included in the service.
h. "Drop" means the cable that connects the ground block on the Subscriber's
residence or institution to the nearest feeder cable of the System.
i. "FCC" means the Federal Communications Commission and any legally
appointed, designated or elected agent or successor.
j. "Franchise" or "Cable Franchise" means this ordinance and the regulatory
and contractual relationship established hereby.
k. "Grantee" or "Comcast" is Comcast of Minnesota, Inc., its lawful
successors, transferees or assignees.
1. "Gross Revenues" shall be defined as and shall be construed broadly to
include all revenues derived directly or indirectly by Comcast and/or an Affiliate that is a
cable operator of the Cable System, from the operation of Comeast's Cable System to
provide Cable Services within the City (including cash, credits, property or other
consideration of any kind or nature). Gross revenues include, by way of illustration and
not limitation: monthly fees for Cable Services, regardless of whether such Cable Services
are provided to residential or commercial customers, including revenues derived from the
provision of all Cable Services (including but not limited to pay or premium Cable
Services, digital Cable Services, pay-per-view, pay -per -event and video -on -demand Cable
Services); installation, reconnection, downgrade, upgrade or similar charges associated
with changes in subscriber Cable Service levels; fees paid to Comcast for channels
designated for commercial/leased access use; converter, remote control, lockout device
and other Cable Service equipment rentals and/or leases or sales; advertising revenues
received or derived by Comcast and/or its Affiliates, including, but not limited to, rep fees,
Affiliate fees, rebates and commissions, but excluding unaffiliated agency fees; late fees,
convenience fees and administrative fees; revenues from program guides; franchise fees;
and commissions from home shopping channels and other revenue sharing arrangements.
Gross Revenues subject to franchise fees shall include revenues derived from sales of
advertising that run on Comcast's Cable System within the City and shall be allocated on
a pro rata basis using total Cable Service subscribers reached by the advertising.
Additionally, Comcast agrees that Gross Revenues subject to franchise fees shall include
all commissions paid to National Cable Communications ("NCC") and Comcast Spotlight
("Spotlight") or their successors associated with sales of advertising on the Cable System
within the City allocated according to this paragraph using total Cable Service subscribers
reached by the advertising. Gross revenues shall not include: actual bad debt write-offs,
provided, however, that all or part of any such actual bad debt that is written off but
subsequently collected shall be included in Gross Revenues in the period collected; and
G
any taxes on services furnished by Comcast imposed by any municipality, state or other
governmental unit, provided that franchise fees shall not be regarded as such a tax.
i. To the extent revenues are received by Comcast for the provision of
a discounted bundle of services which includes Cable Services and non -Cable
Services, Comcast shall calculate revenues to be included in Gross Revenues using
a methodology that allocates revenue on a pro rata basis when comparing the
bundled service price and its components to the sum of the most recent published
rate card rate for the components, except it is expressly understood that equipment
may be subject to inclusion in the bundled price at full rate card value. This
calculation shall be applied to every bundled service package containing Cable
Service from which Comcast receives or derives revenues in the City, and must be
updated within sixty (60) days of the date any rate change for cable and/or non -
cable services is implemented for a service package containing Cable Service or
the date any rate change is implemented for any service included in a service
package that contains Cable Service. The NSCC reserves its right to review and to
challenge Comcast's calculations.
ii. For purposes of this definition, the term "Affiliates" means any
person(s) and/or entity(ies) who own or control, are owned or controlled by or are
under common ownership or control with Comcast of Minnesota, Inc., but does not
include affiliated entities such as NBCU and Spectacor that are not directly or
indirectly involved with the programming, use, management, operation,
construction, repair and/or maintenance of Comcast Corporation's cable systems.
iii. Resolution of any disputes over the classification of revenue should
first be attempted by agreement of the Parties, but should no resolution be reached,
the Parties agree that reference shall be made to generally accepted accounting
principles ("GAAP") as promulgated and defined by the Financial Accounting
Standards Board ("FASB"), Emerging Issues Task Force ("EITF") and/or the U.S.
Securities and Exchange Commission ("SEC"). Notwithstanding the forgoing, the
City and/or the Commission reserves its right to challenge Comeast's calculation
of Gross Revenues, including the use or interpretation of GAAP as promulgated
and defined by the FASB, EITF and/or the SEC.
in. "Installation" means the connection of the System from feeder cable to the
point of connection with the Subscriber Converter or other terminal equipment.
n. "Lockout Device" means an optional mechanical or electrical accessory to
a Subscriber's terminal which inhibits the viewing of a certain program, certain channel, or
certain channels provided by way of the Cable Communication System.
o. "Memorandum of Understanding" or "MOU" means that certain agreement
dated November 3, 1994, regarding PEG access funding, creation of a "PEG Fee" and
certain rate regulatory issues.
4
P. "North Suburbs Access Corporation" or "NSAC" means that certain non-
profit corporation or its lawful successor, designee, or assignee, which is delegated
authority and responsibility for providing certain community programming functions
including public access.
q. "North Suburban System" means the Cable System located in those
municipalities collectively comprising the North Suburban Communication Commission.
r. "Person" is any person, firm, partnership, association, corporation,
company, or other legal entity.
S. "Right -of -Way" or "Rights -of Wav" means the area on, below, or above
any real property in City in which the City has an interest including, but not limited to any
street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or
real property owned by or under the control of City, including other dedicated Rights -of -
Way for travel purposes and utility easements.
t. "Right -of -Way Ordinance" means the ordinance codifying requirements
regarding regulation, management and use of Rights -of -Way in City, including registration
and permitting requirements.
U. "Standard Installation" means any residential installation which can be
completed using a Drop of 250 feet or less.
V. "Subscriber" means any Person who lawfully receives service via the
System. In the case of multiple office buildings or multiple dwelling units, the "Subscriber"
means the lessee, tenant or occupant.
SECTION 2. GRANT OF AUTHORITY AND GENERAL, PROVISIONS
1. Grant of Franchise.
a. This Franchise is granted pursuant to the terms and conditions contained
herein.
b. Nothing in this Franchise shall be deemed to waive the lawful requirements
of any generally applicable City ordinance existing as of the Effective Date.
C. Each and every term, provision or condition herein is subject to the
provisions of state law, federal law, and local ordinances and regulations.
d. This Franchise shall not be interpreted to prevent the City from imposing
additional lawful conditions, including additional compensation conditions for use of the
Rights -of -Way, should Grantee provide service other than Cable Service.
e. No rights shall pass to Grantee by implication. Without limiting the
foregoing, by way of example and not limitation, this Franchise shall not include or be a
substitute for:
L Any other permit or authorization required for the privilege of transacting
and carrying on a business within the City that may be required by the
ordinances and laws of the City;
ii. Any permit, agreement, or authorization required by the City for Right -of -
Way users in connection with operations on or in Rights -of -Way or public
property including, by way of example and not limitation, street cut permits;
or
iii. Any permits or agreements for occupying any other property of the City or
private entities to which access is not specifically granted by this Franchise
including, without limitation, permits and agreements for placing devices
on poles, in conduits or in or on other structures.
f This Franchise is intended to convey limited rights and interests only as to
those Rights -of -Way in which the City has an actual interest. It is not a warranty of title or
interest in any Right -of -Way; it does not provide the Grantee with any interest in any
particular location within the Right -of -Way; and it does not confer rights other than as
expressly provided in the grant hereof.
g. This Franchise does not authorize or prohibit Grantee to provide
telecommunications service or other services, or to construct, operate or maintain
telecommunications facilities. This Franchise is not a bar to imposition of any lawful
conditions on Grantee with respect to telecommunications, whether similar, different or the
same as the conditions specified herein. This Franchise does not relieve Grantee of any
obligation it may have to obtain from the City an authorization to provide
telecommunications services or other services, or to construct, operate or maintain
telecommunications facilities, or relieve Grantee of its obligation to comply with any such
authorizations that may be lawfully required.
2. Grant of Nonexclusive Authority.
The City reserves the right to grant additional franchises or similar authorizations to
provide video programming services via Cable Systems or similar wireline systems located in the
public Rights -of -Way. It is not the City's intent to treat competitors in a discriminatory manner
and to advantage one competitor over another by regulation. If the City grants such an additional
franchise or similar authorization to use the public rights of way to provide such services and
Grantee believes the City has done so on terms materially more favorable than the Material
Obligations (defined below) under this Franchise, then the provisions of this paragraph will apply.
As part of the Grantee's franchise, the City has agreed upon the following terms as a
condition of granting the franchise which terms may place the Grantee at a significant competitive
0
disadvantage if not required of a competitor: a 5% franchise fee, PEG funding, PEG channels, and
customer service obligations (hereinafter "Material Obligations").
Within one year of the adoption of the competitor's franchise or similar authorization,
Grantee must notify the City in writing of the Material Obligations in Grantee's franchise that
exceed the Material Obligations of the competitors franchise to similar authorization. The City
shall have sixty (60) days to agree to allow Grantee to adopt the same Material Obligations
provided to the competitor, or dispute that the Material Obligations are different. In the event the
City disputes the Material Obligations are different, Grantee may bring an action in federal or state
court for a determination as to whether the Materials Obligations are different.
Nothing in this section is intended to alter the rights or obligations of either party under
state law, and it shall only apply to the extent permitted under applicable FCC orders. In no event
will the City be required to refund or to offset against future amounts due the value of benefits
already received.
This provision does not apply if the City is ordered or required to issue a franchise on
different terms and conditions, or it is legally unable to do so; and the relief is contingent on the
new franchisee actually commencing provision of service in the market to its first customer. This
provision does not apply to open video systems, nor does it apply to common carrier systems
exempted from franchise requirements pursuant to 47 U.S.C. Section 571; or to systems that serve
less than 5% (five per cent) of the geographic area of the City; or a system that only provides video
services via the public Internet.
3. Lease or Assignment Prohibited. No Person may lease Grantee's System for the
purpose of providing Service until and unless such Person shall have first obtained and shall
currently hold a valid Franchise or other lawful authorization containing substantially similar
burdens and obligations to this Franchise. Any assignment of rights under this Franchise shall be
subject to and in accordance with the requirements of Section 10, Paragraph 5 (Sale or Transfer of
Franchise).
4. Franchise Term. This Franchise shall be in effect for a period of ten (10) years
from the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as herein
provided.
5. Previous Franchises. Upon acceptance by Grantee as required by Section 13 herein,
this Franchise shall supersede and replace any previous Ordinance granting a Franchise to Grantee,
as well as the November 3, 1994 Memorandum of Understanding, except as set forth in Section 6,
paragraph 8(b) (Access Support) herein.
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6. Compliance with Applicable Laws Resolutions and Ordinances
a. The terms of this Franchise shall define the contractual rights and
obligations of Grantee with respect to the provision of Cable Service and operation of the
System in City. However, the Grantee shall at all times during the term of this Franchise
be subject to all lawful exercise of the police power, statutory rights, local ordinance -
making authority, and eminent domain rights of City. Except as provided below, any
modification or amendment to this Franchise, or the rights or obligations contained herein,
must be within the lawful exercise of City's police power, in which case the provision(s)
modified or amended herein shall be specifically referenced in an ordinance of the City
authorizing such amendment or modification. This Franchise may also be modified or
amended with the written consent of Grantee as provided in Section 13.3 (Amendment of
Franchise Ordinance) herein.
b. Grantee shall comply with the terms of any City ordinance or regulation of
general applicability which addresses usage of the Rights -of -Way within City which may
have the effect of superseding, modifying or amending the terms of Section 3 (Construction
Standards) and/or Section 8.5(c) (Reports and Maps to be Filed with City) herein, except
that Grantee shall not, through application of such City ordinance or regulation of Rights -
of -Way, be subject to additional burdens with respect to usage of Rights -of -Way which
exceed burdens on similarly situated Rights -of -Way users.
C. In the event of any conflict between Section 3 (Construction Standards)
and/or Section 8.5(c) (Reports and Maps to be Filed with City) of this Franchise and any
City ordinance or regulation which addresses usage of the Rights -of -Way, the conflicting
terms in Section 3 (Construction Standards) and/or Section 8.5(c) (Reports and Maps to be
Filed with City) of this Franchise shall be superseded by such City ordinance or regulation,
except that Grantee shall not, through application of such City ordinance or regulation of
Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way
which exceed burdens on similarly situated Rights -of -Way users.
d. In the event any City ordinance or regulation which addresses usage of the
Rights -of -Way adds to, modifies, amends, or otherwise differently addresses issues
addressed in Section 3 (Construction Standards) and/or Section 8.5(c) (Reports and Maps
to be Filed with City) of this Franchise, Grantee shall comply with such ordinance or
regulation of general applicability, regardless of which requirement was first adopted
except that Grantee shall not, through application of such City ordinance or regulation of
Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way
which exceed burdens on similarly situated Rights -of -Way users.
e. In the event Grantee cannot determine how to comply with any Right -of -
Way requirement of City, whether pursuant to this Franchise or other requirement, Grantee
shall immediately provide written notice of such question, including Grantee's proposed
interpretation, to the City with copy to the North Suburban Cable Communications
Commission, in accordance with Section 2.9 (Written Notice). The City or Commission
shall provide a written response within fourteen (14) days of receipt indicating how the
requirements cited by Grantee apply. Grantee may proceed in accordance with its proposed
interpretation in the event a written response is not received within seventeen (17) days of
mailing or delivering such written question.
7. Rules of Grantee. The Grantee shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business as shall be reasonably
necessary to enable said Grantee to exercise its rights and perform its obligations under this
Franchise and to assure uninterrupted service to each and all of its Subscribers; provided that such
rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the rules of
the FCC, the laws of the State of Minnesota, City, or any other body having lawful jurisdiction.
8. Territorial Area Involved. This Franchise is granted for the corporate boundaries
of City, as it exists from time to time. In the event of annexation by City, or as development
occurs, any new territory shall become part of the territory for which this Franchise is granted
provided, however, that Grantee shall not be required to extend service beyond its present System
boundaries unless there is a minimum of 50 homes per cable mile for underground plant and 35
homes per cable mile for overhead plant. Access to cable service shall not be denied to any group
of potential residential cable Subscribers because of the income of the residents of the area in
which such group resides. Grantee shall be given a reasonable period of time to construct and
activate cable plant to service annexed or newly developed areas but in no event not to exceed
twelve (12) months from notice thereof by City to Grantee and qualification pursuant to the density
requirements of this Subsection.
9. Written Notice. All notices, reports, or demands required to be given in writing
under this Franchise shall be deemed to be given when delivered personally to any officer of
Grantee or City's Administrator of this Franchise or forty-eight (48) hours after it is deposited in
the United States mail in a sealed envelope, with registered or certified mail postage prepaid
thereon, addressed to the party to whom notice is being given, as follows:
If to City: City of Mounds View
2401 Mounds View Boulevard
Mounds View, Minnesota 55112
Attention: City Administrator/Finance Director
With copies to: North Suburban Cable Communications Commission
950 Woodhill Drive
Roseville, Minnesota 55113
If to Grantee: General Manager
Comcast
10 River Park Plaza
St Paul, Minnesota 55107
E
With copies to: Vice President of Government Affairs
Comcast
1701 JFK Boulevard
Philadelphia, PA 19103
Such addresses may be changed by either party upon notice to the other party given as provided in
this Section.
10. Subscriber Network Drops to Designated Buildings. Grantee shall, at no cost to the City,
continue to provide Digital Starter or equivalent package of Cable Service and reception equipment
to up to three (3) outlets at all municipal government buildings, schools and public libraries located
in the City where Grantee provides Cable Service as listed on Exhibit A. The City may request up
to 5 additional municipal government buildings, schools, or public libraries during the term of this
Agreement, provided that the City shall pay the actual incremental installation costs for any
location in excess of 500 feet of Grantee's existing plant where the recipient makes available
conduit or aerial structures to accommodate the new facilities, or any Drop in excess of two
hundred fifty (250) feet. For purposes of this subsection, "school" means all State -accredited K-
12 public and private schools. Outlets of Basic and Expanded Basic Service provided in
accordance with this subsection may be used to distribute Cable Services throughout such
buildings; The City shall have the right to extend service to multiple outlets within the building
with the costs of constructing additional outlets the responsibility of the City; provided such
distribution can be accomplished without causing Cable System disruption and general technical
standards are maintained. Such outlets may only be used for lawful purposes. If additional devices
beyond the allocated amount per location provided above are needed to serve additional outlets,
those devices shall be made available at Grantee's best discounted rate. All inside wiring shall be
the responsibility of the City, or public institution, and subject to service or repair by Comcast at
standard rates. Any such institution located more than two hundred fifty (250) feet shall be
connected if such institution agrees to reimburse Grantee for Grantee's actual costs in excess of
the two hundred fifty (250) foot installation actual costs.
SECTION 3. CONSTRUCTION STANDARDS
1. Registration Permits and Construction Codes.
a. Grantee shall strictly adhere to all state and local laws and building and
zoning codes currently or hereafter applicable to location, construction, installation,
operation or maintenance of the System in City and give due consideration at all times to
the aesthetics of the property.
b. Subject to the requirements of Section 9 (Dispute Resolution) below, failure
to obtain permits or comply with permit requirements shall be grounds for revocation of
this Franchise if such requirements are violated for significant construction activities of an
extended period of time or in a quantity and frequency so as to demonstrate a wanton
disregard for such requirements, or any lesser sanctions provided herein or in any other
applicable law.
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2. Repair of Rights -of -Way and Property. Any and all Rights -of -Way, or public or
private property, which are disturbed or damaged during the construction, repair, replacement,
relocation, operation, maintenance, expansion, extension or reconstruction of the System shall be
promptly and fully restored by Grantee, at its expense, to the same condition as that prevailing
prior to Grantee's work, as determined by City. If Grantee shall fail to timely perform the
restoration required herein, after written request of City and reasonable opportunity of not less than
30 days to satisfy that request, City shall have the right to put the Rights -of -Way, public, or private
property back into good condition. In the event City determines that Grantee is responsible for
such disturbance or damage, Grantee shall be obligated to fully reimburse City for such restoration.
3. Conditions on Riaht-of-Way Use
a. Nothing in this Franchise shall be construed to prevent City from
constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining,
repairing, relocating and/or altering any Right -of -Way; constructing, laying down,
repairing, maintaining or relocating any water mains; or constructing, maintaining,
relocating, or repairing any sidewalk or other public work.
b. All System transmission and distribution structures, lines and equipment
erected by the Grantee within City shall be located so as not to obstruct or interfere with
the use of Rights -of -Way except for normal and reasonable obstruction and interference
which might occur during construction and to cause minimum interference with the rights
of property owners who abut any of said Rights -of -Way and not to interfere with existing
public utility installations.
C. If at any time during the period of this Franchise City shall elect to alter or
change the grade or location of any Right -of -Way, the Grantee shall comply with all
applicable City Code related to relocation of facilities and associated costs.
d. The Grantee shall not place poles, conduits, or other fixtures of System
above or below ground where the same will interfere with any gas, electric, telephone,
water or other utility fixtures and all such poles, conduits, or other fixtures placed in any
Right -of -Way shall be so placed as to comply with all reasonable and lawful requirements
of City.
C. The Grantee shall, upon request of any Person holding a moving permit
issued by City, temporarily move its wires or fixtures to permit the moving of buildings
with the expense of such temporary removal to be paid by the Person requesting the same,
and the Grantee shall be given not less than ten (10) days advance written notice to arrange
for such temporary changes.
f. The Grantee shall have the authority to trim any trees upon and overhanging
the Rights -of -Way of City so as to prevent the branches of such trees from coming in
contact with the wires and cables or other facilities of the Grantee.
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g. Grantee shall use its best efforts to give reasonable prior notice to any
adjacent private property owners who will be negatively affected or impacted by Grantee's
work in the Rights -of -Way.
4. Undergrormding of Cable. Unless otherwise required by action of City Council,
Grantee must place newly constructed facilities underground in areas of City where all other utility
lines are placed underground. Amplifier boxes and pedestal mounted terminal boxes may be
placed above ground if existing technology reasonably requires, but shall be of such size and
design and shall be so located as not to be unsightly or unsafe, all pursuant to plans submitted with
Grantee's permit application(s) and approved by City.
5. Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted
terminal boxes, similar structures, or other wire -holding structures shall be erected or installed by
the Grantee without required permit of City.
6. Safety Requirements.
a. The Grantee shall at all times employ ordinary and reasonable care and shall
install and maintain in use nothing less than commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damage or injuries.
b. The Grantee shall install and maintain its System and other equipment in
accordance with City's codes and the requirements of the National Electric Safety Code
and all other applicable FCC, state and local regulations, and in such manner that they will
not interfere with City communications technology related to health, safety and welfare of
the residents.
C. All System structures, and lines, equipment and connections in, over, under
and upon the Rights -of -Way of City, wherever situated or located, shall at all times be kept
and maintained in good condition, order, and repair so that the same shall not menace or
endanger the life or property of City or any Person.
SECTION 4. DESIGN PROVISIONS
System Capabilities; Minimum Channel Capacity.
a. Grantee shall maintain, upgrade, and operate the Cable System consistent
with the capabilities of at least a 750MHz cable system and applicable industry standards.
b. All final programming decisions remain the discretion of Grantee but the
Cable System shall generally made available a broad range of programming of interest to
the community, provided that Grantee notifies City and Subscribers in writing thirty (30)
days prior to any channel deletions or realignments, and further subject to Grantee's signal
carriage obligations hereunder and pursuant to 47 USC §§ 531-536, and further subject to
City's rights pursuant to 47 USC § 545. Location and relocation of the PEG Channels shall
be governed by Section 6.1(c) (Public, Educational and Governmental Access).
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2. Interruption of Service. The Grantee shall interrupt service only for good cause
and for the shortest time possible. Such interruption shall occur during periods of minimum use
of the System. If service is interrupted on all cable channels for a period of more than forty eight
(48) hours, Subscribers shall be credited pro rata for such interruption. Outages for shorter time
periods may be credited upon customer request following notification of the outage.
3. Technical Standards. The technical standards used in the operation of the System
shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable
Systems pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time
to time, which regulations are expressly incorporated herein by reference.
4. Special Testing.
a. The City/Commission shall have the right to inspect all construction or
installation work performed pursuant to the provisions of the Franchise. In addition, the
City/Commission may require special testing of a location or locations within the System
if there is a particular matter of controversy or unresolved complaints regarding such
construction or installation work or pertaining to such location(s). Demand for such special
tests may be made on the basis of complaints received or other evidence indicating an
unresolved controversy or noncompliance. Such tests shall be limited to the particular
matter in controversy or unresolved complaints. The City/Commission shall endeavor to
so arrange its request for such special testing so as to minimize hardship or inconvenience
to Grantee or to the Subscribers caused by such testing.
b. Before ordering such tests, Grantee shall be afforded thirty (30) days
following receipt of written notice to investigate and, if necessary, correct problems or
complaints upon which tests were ordered. The City/Commission shall meet with Grantee
prior to requiring special tests to discuss the need for such and, if possible, visually inspect
those locations which are the focus of concern. If, after such meetings and inspections,
City/Commission wishes to commence special tests and the thirty (30) days have elapsed
without correction of the matter in controversy or unresolved complaints, the tests shall be
conducted at Grantee's expense by a qualified engineer selected by City/Commission and
Grantee, and Grantee shall cooperate in such testing. Grantee shall not be required to pay
for the special tests where Grantee can show to the City/Commission's reasonable
satisfaction that it performed its own tests and undertook corrective action to remedy the
problem.
6. Drop Testing and Replacement. Drops and passive equipment shall be inspected
by Grantee during Installations to assure the Drop and passive equipment can provide reliable
Cable Service to Subscribers. Drops shall be maintained in compliance with applicable safety and
technical regulations and replaced when necessary to do so.
7. FCC Reports. The results of any tests required to be filed by Grantee with the FCC
shall upon request of City also be filed with the City or its designee within ten (10) days of the
conduct of such tests.
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8. Interconnection. The System servicing the Cities of Arden Hills, Falcon Heights,
Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, and St. Anthony,
shall continue to be completely interconnected.
9. Lockout Device. Upon the request of a Subscriber, Grantee shall make available a
Lockout Device or similar functionality by software at no additional charge to Subscribers.
SECTION 5. SERVICE PROVISIONS
Regulation of Service Rates.
a. The City may regulate rates for the provision of Cable Service, equipment,
or any other communications service provided over the System to the extent allowed under
federal or state law(s). City/Commission reserves the right to regulate rates for any future
services to the extent permitted by law.
b. Grantee shall give City and Subscribers written notice of any change in a
rate or charge pursuant to the terms of by 47 CFR § 76.1603. Bills must be clear, concise,
and understandable and compliant with applicable law.
2. Non -Standard Installations. Grantee shall install and provide Cable Service to any
Person requesting other than a Standard Installation provided that said Cable Service can meet
FCC technical specifications and all payment and policy obligations are met. In such case, Grantee
may charge for the incremental increase in material and labor costs incurred beyond the Standard
Installation.
3. Sales Procedures. Grantee shall not exercise deceptive sales procedures when
marketing any of its services within City. In its initial communication or contact with a non -
Subscriber, Grantee shall upon request inform the non -Subscriber of all levels of service available,
including the lowest priced service tiers. Grantee shall have the right to market door-to-door
during reasonable hours consistent with local ordinances and regulation.
4. Subscriber Inquiry and Complaint Procedures.
a. Grantee shall have a publicly listed toll-free telephone number which shall
be operated so as to receive Subscriber complaints and requests on a twenty-four (24) hour -
a -day, seven (7) days -a -week, 365 days a year basis. During normal business hours, trained
representatives of Grantee shall be available to respond to Subscriber inquiries.
b. Grantee shall maintain adequate numbers of telephone lines and personnel
to respond in a timely manner to schedule service calls and answer Subscriber complaints
or inquiries in a manner consistent with regulations adopted by the FCC and City where
applicable and lawful. Under normal operating conditions, telephone answer time by a
customer representative, including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, transfer time shall not exceed thirty
(30) seconds. These standards shall be met no less than ninety (90) percent of the time
14
under normal operating conditions, measured on a quarterly basis. Under normal operating
conditions, the customer will receive a busy signal less than three (3) percent of the time.
Grantee shall respond to written complaints forwarded by the City or its designee with
copy to City or its designee within thirty (30) days.
C. Subject to Grantee's obligations pursuant to law regarding privacy of
certain information, Grantee shall prepare and maintain written records of all complaints
received from City and the resolution of such complaints, including the date of such
resolution. Grantee shall provide City with a written summary of such complaints and their
resolution upon request of City. As to Subscriber complaints, Grantee shall comply with
FCC record-keeping regulations, and make the results of such record-keeping available to
City upon request, subject to customer privacy obligations.
d. Subscriber requests for repairs shall be commenced and best efforts shall be
used complete repairs within thirty-six (36) hours of the request or as otherwise scheduled
with the customer unless conditions beyond the control of Grantee prevent such
performance. Grantee may schedule appointments for Installations and other service calls
either at a specific time or, at a maximum, during a four hour time block during normal
business hours. Grantee may also schedule service calls outside normal business hours for
the convenience of customers. Grantee shall use its best efforts to not cancel an
appointment with a customer after the close of business on the business day prior to the
scheduled appointment. If the installer or technician is late and will not meet the specified
appointment time, he/she must use his/her best efforts to contact the customer and
reschedule the appointment at the sole convenience of the customer. Service call
appointments must be met in a manner consistent with FCC standards.
5. Subscriber Contracts. Grantee shall file with City or provide an electronic link to
any standard form Subscriber contract utilized by Grantee. If no such written contract exists,
Grantee shall file with the City a document completely and concisely stating the length and terms
of the Subscriber contract offered to customers. The length and terms of any Subscriber contract(s)
shall be available for public inspection during normal business hours or made available
electronically online.
6. Refund Policy. In the event a Subscriber establishes or terminates service and
receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the
number of days in the period for which service was rendered to the number of days in the billing.
7. Late Fees. Fees for the late payment of bills shall not be assessed until after the
service has been fully provided and, as of the due date of the bill notifying Subscriber of an unpaid
balance, the bill remains unpaid. Late Fees shall be nondiscriminatory, consistent with federal and
state laws, including consumer protection laws, and uniform with respect to late fees commonly
charged in other jurisdictions in the Twin Cities.
8. Office Policy. Grantee shall maintain a convenient location in or around a
reasonable distance of the City or the Franchise territory encompassing any joint regulatory body
of which City is a Member for receiving Subscriber inquiries and bill payments. The location must
15
be staffed by a person capable of receiving inquiries and bill payments. In addition, Grantee shall
maintain a local drop box for receiving Subscriber payments after horns, or may make
arrangements for third -party payment locations (for example, in a convenience store) and
equipment drop-off locations (for example, UPS stores). Grantee may also offer electronic
customer service options through its web page and phone applications.
SECTION 6. ACCESS CHANNEL(S) PROVISIONS
1. Public, Educational and Government Access
a. City or its designee is hereby designated to operate, administer, promote,
and manage access (public, education, and government programming) (hereinafter "PEG
access") programming on the Cable System.
b. Grantee shall dedicate 6 Standard Definition ("SD") channels and 2 High
Definition ("HD") channels for PEG access (the "PEG Channels"). All Subscribers to
Cable Service offered on the System shall be eligible to receive such channels at no
additional charge. The PEG Channels shall be activated upon the effective date of this
Franchise and thereafter maintained. City may rename, reprogram, or otherwise change
the use of these channels in its sole discretion, provided such use is non-commercial,
lawful, and retains the general put -pose of the provision of community programming.
Nothing herein shall diminish the City's rights to secure additional channels pursuant to
Minn. Stat. § 238.084, which is expressly incorporated herein by reference. City shall
provide ninety (90) days prior written notice to Grantee of City's intent to activate access
channels to the extent the maximum number agreed to herein are not already active.
C. Each PEG Channel(s) required by this Section shall retain the channel
designation/number it had as of the commencement of this Franchise term. Upon six (6)
months' notice to City, any access channel may be moved by Grantee, but in no event more
than once every two (2) years unless otherwise allowed by City, provided Grantee pays all
reasonable costs or expenses of the North Suburban Access Corporation (NSAC), or its
successor, arising out of the channel move including, but not limited to, equipment
necessary to effect the change at the programmer's production or receiving facility (school
frequency routing equipment, etc.), signage, letterhead, business cards, and reasonable
marketing or other constituency notification costs up to a maximum of $10,000. This
paragraph shall not apply to Regional Channel 6.
d. Sixty (60) months after the Effective Date, upon written request of at least
90 days' advance notice, Comcast will make available to the Commission an additional
HD PEG channel on the cable system.
e. The content of the HD PEG channels is up to the Commission. The
Commission may simulcast one or more of the existing PEG channels in HD and SD
formats, or it may choose to provide subscribers an HD channel that is programmed
differently than the existing SD PEG channels (for example, the Commission could create
a "best of HD PEG channel that carries a combination of HD public, educational and
16
government programming from the existing PEG Channels). If an HD PEG channel is
programmed differently, Comcast would have no additional obligation to provide an SD
simulcast of that channel.
f Comcast will make available to the Commission the ability to place PEG
Channel programming information on the interactive channel guide by putting the
Commission in contact with the electronic programing guide vendor ("EPG provider") that
provides the guide service. Comcast will be responsible for providing the designations and
instructions necessary to ensure the channels will appear on the programming guide
throughout the jurisdictions that are part of the Commission and the costs of any necessary
headend equipment associated therewith. The Commission shall be responsible for
providing programming information to the EPG provider and for any costs charged by the
EPG provider, unless Comcast is required to pay for PEG EPG costs per applicable law or
national commitments. As part of this Franchise, Comcast is not agreeing to make detailed
guide functionality available for periods where the Commission chooses to distribute
different PEG programming via the same channel number (i.e. narrowcasting) to
subscribers in different communities that are part of the Commission.
g. Comcast will deliver the SD/I-ID PEG channels to Subscribers so that it is
viewable without degradation, provided that it is not required to deliver a PEG Channel at
a resolution higher than the highest resolution used in connection with the delivery of local
broadcast signals to the public. Comcast may implement SD/HD carriage of the PEG
channel in any manner (including selection of compression, utilization of IP, and other
processing characteristics) that produces a signal as accessible, functional, useable and of
a quality comparable (meaning indistinguishable to the viewer) to broadcast SD/HD
channels carried on the cable system.
h. The HD PEG channels will be assigned a number near the other high
definition local broadcast stations if such channel positions are not already taken, or if that
is not possible, near high definition news/public affairs programming channels if such
channel positions are not already taken, or if not possible, as reasonably close as available
channel numbering will allow. Grantee shall use its best efforts to group the HD PEG
channels together in simultaneous order.
i. The City acknowledges that HD programming may require the viewer to
have special viewer equipment (such as an HDTV and an HD -capable digital
device/receiver), but any subscriber who can view an HD signal delivered via the cable
system at a receiver shall also be able to view the HD PEG channels at that receiver, without
additional charges or equipment. By agreeing to make PEG available in HD format,
Comcast is not agreeing it may be required to provide free HD equipment to customers,
nor modify its equipment or pricing policies in any manner.
j. Comcast will provide a bill message announcing the launch of the HD PEG
Channels; however the City acknowledges that not all customers may receive the bill
message notice in advance of the channel launch in the interests of launching the channel
sooner.
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2. Remote Cablecasting. Grantee shall provide at no charge to the City/Commission
for the term of this Franchise and until it renews, three (3) "open" cable internet modems with a
static IP addresses that can be connected and operational anywhere on the System and capable of
transmitting live remote HD PEG programming to the City's master control center for live
cablecasting, using business -class internet service (currently 50 mbs download and 10 robs upload)
and three MPEG encoder/transmitters and one multi -channel receiver device (capable of receiving
at least 3 remote video feeds) for the Commission's Master Control.
3. PEG Streaming. Grantee agrees to include the PEG channels in its in-home
streaming cable service application (currently Xfinity TV App). Grantee will use reasonable
efforts to make the PEG channels available to Subscribers outside the home on its TV -TO -GO
Application, or equivalent.
4. Equipment. In the event Grantee makes any change in the Cable System and related
equipment and facilities or in its signal delivery technology, which requires the City or
Commission to obtain new equipment in order to be compatible with such change for purposes of
transport and delivery of the Access Channels to the Grantee's headend, Grantee shall, at its own
expense and free of charge to the City, the Commission, or its designated entities, purchase such
equipment as may be necessary to facilitate the cablecasting of the PEG Channels in accordance
with the requirements of the Franchise.
5. Grantee Not Liable. Neither the Grantee nor the officers, directors, or employees
of the Grantee is liable for any penalties or damages arising from programming content not
originating from or produced by the Grantee and shown on any public access channel, education
access channel, government access channel, leased access channel, or regional channel.
6. Charges for Use. There shall be no charge to the City for the use of the PEG
Channels.
Access Rules. City, or its designee, shall implement rules for use of any access
channel(s).
8. Access Support.
a. In addition to satisfying the other requirements of this Section, the Grantee
is required to provide the following additional PEG use funding (as used in this Section),
PEG access refers to the channels, facilities and equipment used in connection with the
channels on the subscriber network and associated interconnections; PEG use includes
PEG access and dark fiber network and PRISMA network use, including use in connection
with the network provided pursuant to Section 7.2 (Additional Network Services) including
Exhibit C:
b. The Grantee will provide the following capital grant for PEG use for so long
as it continues to operate under this franchise: Payments of all grants under the 1994 MOU
through December 31, 2017; commencing January 1, 2018, Grantee shall pay to City three
Ra
percent (3.0%) of its Gross Revenues paid quarterly based upon revenues for the calendar
quarter. The first Gross Revenue payment shall be due on May 1, 2018, based on Gross
Revenues for the quarter beginning January 1, 2018 and ending March 31, 2018, and
thereafter, payments shall be due 30 days after the end of each calendar quarter, based on
revenues for that quarter, or if the franchise should terminate or be revoked, 30 days after
termination or revocation for any portion of quarter during which Grantee provided Cable
Service.
C. Notwithstanding the foregoing requirements, if Grantee has a valid and
binding sponsorship contract with an entity designated by the City/Commission to manage
any public access channel, the City agrees that Grantee may offset any amount it pays under
such contract against payments required above. Nothing in this section requires or shall be
deemed to require Grantee to make any payment that constitutes a franchise fee under 47
U.S.C. § 542.
d. The parties agree that any cost to the Grantee associated with providing any
support for PEG use required under this Franchise (including subscriber network drops and
equipment and service to public institutions and the provision of the dark fiber network
and PRISMA network and support for and payments made outside this franchise, if any),
shall not be offset from the franchise fee.
e. Grantee may itemize the PEG fees on Subscribers' invoices in accordance
with applicable law; provided, however, any PEG Fee charged to subscribers to recover
PEG funding provided in 2017 shall not exceed $6.00 per subscriber per month. Any
supplementary PEG fee levied by Comcast after January 1, 2018, to recover past
undereollections shall be set at 0.5% of cable Gross Revenues through December 31, 2019.
Any excess recovery shall be paid to the Commission at the same time as the Franchise
Fee payment.
9. Regional Channel 6. Grantee shall designate Channel 6 for uniform regional
channel usage to the extent required by law.
10. State and Federal Law compliance. Satisfaction of the requirements of this Section
6 satisfies any and all of Grantee's state and federal law requirements of Grantee with respect to
PEG access.
SECTION 7. NETWORKING PROVISIONS
1. Managed Network. The City and/or Commission has a need for a telecommunications
network to connect certain government buildings in the North Suburban Territory for
telecommunications services. Comcast or its Affiliate agrees to provide, operate, repair and
maintain a managed telecommunications network to City and/or Commission for the Term of the
Franchise in accordance with an executed Enterprise Services agreement, attached as Exhibits B,
B2, and B3. The Enterprise Services agreement shall set forth the locations, service, monthly fees
for service and all other material terms and conditions relative to Comeast's or its Affiliate's
provision of services to the City. Where an executed Enterprise Services agreement conflicts with
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any term or condition of this Section, the Enterprise Services agreement shall prevail; with the
exception that in the event Grantee enters into a fianchise or Enterprise Services agreement or
similar agreement in the Twin Cities metropolitan area after the Effective Date of this Franchise
that allow a city or group of cities to receive the same or similar services on terns, conditions
and/or pricing that are more favorable (taking into account the agreement as a whole), Grantee
agrees to make the pricing available immediately and make available the services within a
reasonable period of time to the City and/or Commission under the same terms, conditions and/or
pricing made available to the city or group of cities.
2. Additional Network Services. Comcast agrees to continue to make available to the City
network facilities on the terms and conditions identified in Exhibit C.
SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS
1. Administration of Franchise. The City Administrator or other designee shall have
continuing regulatory jurisdiction and supervision over the System and the Grantee's operation
under the Franchise. The City, or its designee, may issue such reasonable rules and regulations
concerning the construction, operation and maintenance of the System as are consistent with the
provisions of the Franchise and law.
2. Delegated Authority. The City may appoint a citizen advisory body or a Joint
Powers Commission, or may delegate to any other body or Person authority to administer the
Franchise and to monitor the performance of the Grantee pursuant to the Franchise. Grantee shall
cooperate with any such delegatee of City.
3. Franchise Fee
a. During the term of the Franchise, Grantee shall pay quarterly to City or its
delegatee a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross
Revenues, or such other amounts as are subsequently permitted by federal statute.
b. Any payments due under this provision shall be payable quarterly. The
payment shall be made within thirty (30) days of the end of each of Grantee's fiscal quarters
together with a report showing the basis for the computation.
C. All amounts paid shall be subject to audit and recomputation by City and
acceptance of any payment shall not be construed as an accord that the amount paid is in
fact the correct amount.
i. If an audit or review discloses an overpayment or underpayment of
franchise fees, the City and/or the Commission shall notify Comcast of such
overpayment or underpayment. The City's/Commission's audit or review
expenses shall be borne by the City/Commission unless the audit or review
determines that the payment to the City should be increased by more than
five percent (5%) in the audited/reviewed period, in which case the costs of
the audit/review shall be borne by Comcast, up to a cap of $25,000 for all
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current members of the Commission collectively, as a cost incidental to the
enforcement of the Franchise. Any additional amounts due to the City as a
result of the audit or review shall be paid to the City within thirty (3 0) days
following written notice to Comcast by the City/Commission of the
underpayment, which notice shall include a copy of the audit/review report.
If the recomputation results in additional revenue to be paid to the City, such
amount shall be subject to a ten percent (10%) annual interest charge.
ii. The City/Commission shall have the right to inspect and to require Comcast
to provide any and all data, documents and records maintained by Comcast
(or maintained by an Affiliate or a third -party contractor/vendor on behalf
of Comcast) reasonably related to the calculation and payment of franchise
fees. The Grantee shall maintain such records, documents and data for a
minimum of four (4) years. Such records include, but are not limited to,
those set forth in Paragraph 6 of the March 1, 2012, Settlement Agreement
(attached hereto as Exhibit D).
iii. Comcast shall have no less than twenty (20) business days to respond fully
and completely to any written request for data, documents and records
issued by the City/Commission, unless an extension of time is granted by
the City/Commission in writing. Comcast may request an extension of the
twenty (20) business day deadline applicable to a written request for data,
information and documents no later than ten (10) business days after the
date of such request. Every request for an extension of time shall describe,
in detail, the reasons the extension is necessary. The City/Commission may,
in its sole discretion, grant or deny an extension request, and shall act
reasonably in making such a determination based on the scope and
complexity of the information request at issue and the facts cited by
Comcast in its written extension request.
iv. In the event any franchise fee payment or recomputation amount is not made
on or before the required date, Comcast shall pay, during the period such
unpaid amount is owed, the additional compensation and interest charges
computed from such due date, at an annual rate of ten percent (10%).
V. Nothing in this Franchise shall be construed to limit any authority of the
City to impose any tax, fee or assessment of general applicability.
vi. The franchise fee payments required by this Franchise shall be in addition
to any and all taxes or fees of general applicability. Comcast shall not have
or make any claim for any deduction or other credit of all or any part of the
amount of said franchise fee payments from or against any of said taxes or
fees of general applicability, except as expressly permitted by law. Comcast
shall not apply nor seek to apply all or any part of the amount of said
franchise fee payments as a deduction or other credit from or against any of
said taxes or fees of general applicability, except as expressly permitted by
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law. Nor shall Comcast apply or seek to apply all or any part of the amount
of any of said taxes or fees of general applicability as a deduction or other
credit from or against any of its franchise fee obligations, except as
expressly permitted by law.
vii. Comcast shall ensure that persons or entities that only subscribe to non -
cable service (e.g., persons who subscribe only to high-speed Internet
access, telephone service, alarm monitoring, or a combination of services
that does not include cable service) are not assessed cable service franchise
fees on ancillary charges imposed by Comcast on such subscribers,
including but not limited to late fees, convenience fees and non -sufficient
funds (NSF) charges, unless the imposition of cable service franchise fees
is permitted by applicable laws or regulations.
4. Access to Records. The City/Commission shall have the right to inspect, upon
reasonable notice and during normal business hours, or require Grantee to provide within a
reasonable time copies of any records maintained by Grantee which relate to System operations
including specifically Grantee's accounting and financial records and which are reasonably
necessary for determining compliance with this Agreement.
5. Reports and Mans to be Filed with Cit
a. Grantee shall file with the City/Commission, at the time or payment of the
Franchise Fee, a report of all Gross Revenues in form and substance as required by
City/Commission, an example of which is attached hereto as Exhibit E.
b. Grantee shall prepare and furnish to City/Commission, at the times and in
the form prescribed, such other reasonable reports with respect to Grantee's operations
pursuant to this Franchise as City/Commission may require provided that such reports shall
be consistent with the way Grantee maintains the information in the ordinary course of
business, all requests are reasonably and directly related to the enforcement of this
Agreement, all produced information is subject to an acceptable confidentiality agreement,
and Grantee shall have no less than 20 business days to produce such information with
further extensions reasonably granted as needed based on the nature of the request.
C. If required by City/Commission, Grantee shall furnish to and file with
City/Commission the maps, plats, and permanent records of the location and character of
all facilities constructed, including underground facilities, and Grantee shall file with
City/Commission updates of such maps, plats and permanent records annually if changes
have been made in the System.
6. Periodic Lvaluation.
a. The City/Commission may require evaluation sessions at any time during
the term of this Franchise, upon fifteen (15) days written notice to Grantee, but no
frequently than one every twenty-four (24) months.
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b. Topics which may be discussed at any evaluation session may include, but
are not limited to, application of new technologies, System performance, programming
offered, access channels, facilities and support, municipal uses of cable, subscriber rates,
customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, line
extension policies and any other topics City/Commission deems relevant.
C. As a result of a periodic review or evaluation session, Grantee and the City
may agree to modifications of the terms and conditions of the Franchise.
SECTION 9. DISPUTE RESOLUTION
1. Performance Bond.
a. At the time the Franchise becomes effective and at all times thereafter, until
the Grantee has liquidated all of its obligations with City, the Grantee shall furnish a bond
to City in the amount of $500,000.00 in a form and with such sureties as reasonably
acceptable to City (attached hereto as Exhibit F). This bond will be conditioned upon the
faithful performance by the Grantee of its Franchise obligations and upon the further
condition that in the event the Grantee shall fail to comply with any law, ordinance or
regulation governing the Franchise, there shall be recoverable jointly and severally from
the principal and surety of the bond any damages or loss suffered by City as a result,
including the full amount of any compensation, indemnification or cost of removal or
abandonment of any property of the Grantee, plus a reasonable allowance for attorneys'
fees and costs, up to the full amount of the bond, and further guaranteeing payment by the
Grantee of claims, liens and taxes due City which arise by reason of the construction,
operation, or maintenance of the System. The rights reserved by City with respect to the
bond are in addition to all other rights City may have under the Franchise or any other law.
City may, from year to year, in its sole discretion, reduce the amount of the bond. To the
extent the City is a member of the Commission a single bond of $500,000 will cover all
member cities of the Commission.
b. The time for Grantee to correct any violation or liability, shall be extended
by City if the necessary action to correct such violation or liability is, in the sole
determination of City, of such a nature or character as to require more than thirty (30) days
within which to perform, provided Grantee provides written notice that it requires more
than thirty (3 0) days to correct such violations or liability, commences the corrective action
within the thirty (30) days period and thereafter uses reasonable diligence to correct the
violation or liability.
C. In the event this Franchise is revoked by reason of default of Grantee, City
shall be entitled to collect from the performance bond that amount which is attributable to
any damages sustained by City as a result of said default or revocation.
d. Grantee shall be entitled to the cancellation or return of the performance
bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the
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Franchise or revocation for default thereof, provided City has not notified Grantee of any
actual or potential damages incurred as a result of Grantee's operations pursuant to the
Franchise or as a result of said default.
e. The rights reserved to City with respect to the performance bond are in
addition to all other rights of City whether reserved by this Franchise or authorized by law,
and no action, proceeding or exercise of a right with respect to the performance bond shall
affect any other right City may have.
2. Letter of Credit and Liquidated Damages
a. At the time of acceptance of this Franchise, Grantee shall deliver to City an
irrevocable and unconditional Letter of Credit, in form and substance acceptable to City,
from a National or State bank approved by City, in the amount of $25,000.00.
b. The Letter of Credit shall provide that funds will be paid to City, upon
written demand of City, and in an amount solely determined by City in payment for
penalties charged pursuant to this Section, in payment for any monies owed by Grantee to
City or any person pursuant to its obligations under this Franchise, or in payment for any
damage incurred by City or any person as a result of any acts or omissions by Grantee
pursuant to this Franchise.
C. In addition to recovery of any monies owed by Grantee to City or any person
or damages to City or any person as a result of any acts or omissions by Grantee pursuant
to the Franchise, City in its sole discretion may charge to and collect from the Letter of
Credit the following penalties:
i. For failure to provide data, documents, reports or information or to
cooperate with City during an application process or system review or as
otherwise provided herein, the penalty shall be $250.00 per day for each
day, or part thereof, such failure occurs or continues.
ii. Fifteen (15) days following notice from City of a failure of Grantee to
comply with construction, operation or maintenance standards, the penalty
shall be $500.00 per day for each day, or part thereof, such failure occurs or
continues.
iii. For failure to provide the services Grantee has proposed, including, but not
limited to, the implementation and the utilization of the access channels and
the maintenance and/or replacement of the equipment and other facilities,
the penalty shall be $500.00 per day for each day, or part thereof, such
failure occurs or continues.
iv. For Grantee's breach of any written contract or agreement with or to the
City or its designee, the penalty shall be $500.00 per day for each day, or
part thereof, such breach occurs or continues.
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V. For failure to comply with any of the provisions of this Franchise, or other
City ordinance for which a penalty is not otherwise specifically provided
pursuant to this paragraph c, the penalty shall be $250.00 per day for each
day, or part thereof, such failure occurs or continues.
d. Each violation of any provision of this Franchise shall be considered a
separate violation for which a separate penalty can be imposed.
e. Whenever City finds that Grantee has violated one or more terms,
conditions or provisions of this Franchise, or for any other violation contemplated in
Subparagraph c. above, a written notice shall be given to Grantee informing it of such
violation. At any time after thirty (3 0) days (or such longer reasonable time which, in the
sole determination of City, is necessary to cure the alleged violation) following local
receipt of notice, provided Grantee remains in violation of one or more terms, conditions
or provisions of this Franchise, in the sole opinion of City, City may draw from the Letter
of Credit all penalties and other monies due City from the date of the local receipt of notice.
f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven
(7) days of such draw, notify City in writing that there is a dispute as to whether a violation
or failure has in fact occurred. Such written notice by Grantee to City shall specify with
particularity the matters disputed by Grantee. All penalties shall continue to accrue and
City may continue to draw from the Letter of Credit during any appeal pursuant to this
subparagraph.
City shall hear Grantee's dispute within sixty (60) days and render a final
decision within sixty (60) days thereafter.
ii. Upon the determination of City that no violation has taken place, City shall
refund to Grantee, without interest, all monies drawn from the Letter of
Credit by reason of the alleged violation.
g: If said Letter of Credit or any subsequent Letter of Credit delivered pursuant
thereto expires prior to thirty (30) months after the expiration of the term of this Franchise,
it shall be renewed or replaced during the term of this Franchise to provide that it will not
expire earlier than thirty (30) months after the expiration of this Franchise. The renewed
or replaced Letter of Credit shall be of the same form and with a bank authorized herein
and for the fall amount stated in paragraph 2(a) of this Section.
h. If City draws upon the Letter of Credit or any subsequent Letter of Credit
delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish to its full
amount the same within ten (10) days and shall deliver to City a like replacement Letter of
Credit or certification of replenishment for the full amount stated in Section 9.2(a) (Letter
of Credit and Liquidated Damages) as a substitution of the previous Letter of Credit. This
shall be a continuing obligation for any draws upon the Letter of Credit.
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i. If any Letter of Credit is not so replaced or replenished, City may draw on
said Letter of Credit for the whole amount thereof and use the proceeds as City determines
in its sole discretion. The failure to replace or replenish any Letter of Credit may also, at
the option of the City, be deemed a default by Grantee under this Franchise. The drawing
on the Letter of Credit by City, and use of the money so obtained for payment or
performance of the obligations, duties and responsibilities of Grantee which are in default,
shall not be a waiver or release of such default.
j. The collection by City of any damages, monies or penalties from the Letter
of Credit shall not affect any other right or remedy available to City, nor shall any act, or
failure to act, by City pursuant to the Letter of Credit, be deemed a waiver of any right of
City pursuant to this Franchise or otherwise.
3. Indemnification of City.
a. City, its officers, boards, committees, commissions, elected officials,
employees and agents shall not be liable for any loss or damage to any real or personal
property of any Person, or for any injury to or death of any Person, arising out of or in
connection with Grantee's construction, operation, maintenance, repair or removal of the
System or as to any other action of Grantee with respect to this Franchise.
b. Grantee shall indemnify, defend, and hold harmless City, its officers,
boards, committees, commissions, elected officials, employees and agents, from and
against all liability, damages, and penalties which they may legally be required to pay as a
result of the City's exercise, administration, or enforcement of the Franchise.
C. Nothing in this Franchise relieves a Person, except City, from liability
arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities
while performing work connected with grading, regarding, or changing the line of a Right -
of -Way or public place or with the construction or reconstruction of a sewer or water
system.
d. Grantee shall contemporaneously with this Franchise execute an Indemnity
Agreement in the form of Exhibit G, which shall indemnify, defend and hold the City and
Commission harmless for any claim for injury, damage, loss, liability, cost or expense,
including court and appeal costs and reasonable attorneys' fees or reasonable expenses
arising out of the actions of the City and/or Commission in renewal of this Franchise. The
term of the Indemnity Agreement shall not exceed 180 days' from the Effective Date of
this Franchise, unless the City or Commission has received statutory notice of a claim based
upon the renewal of this Franchise. This obligation includes any claims by another
franchised cable operator against the City and/or Commission that the terms and conditions
of this Franchise are less burdensome than another franchise granted by the City or that
this Franchise does not satisfy the requirements of applicable state law(s).
4. Insurance.
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a. As apart of the indemnification provided in Section 9.3 (Indemnification of
City), but without limiting the foregoing, Grantee shall file with City at the time of its
acceptance of this Franchise, and at all times thereafter maintain in full force and effect at
its sole expense, a comprehensive general liability insurance policy, including
broadcaster's/cablecaster's liability and contractual liability coverage, in protection of the
Grantee, and the City, its officers, elected officials, boards, commissions, agents and
employees for any and all damages and penalties which may arise as a result of this
Franchise. The policy or policies shall name the City as an additional insured, and in their
capacity as such, City officers, elected officials, boards, commissions, agents and
employees.
b. The policies of insurance shall be in the sum of not less than $1,000,000.00
for personal injury or death of any one Person, and $2,000,000.00 for personal injury or
death of two or more Persons in any one occurrence, $500,000.00 for property damage to
any one person and $2,000,000.00 for property damage resulting from any one act or
occurrence.
C. The policy or policies of insurance shall be maintained by Grantee in full
force and effect during the entire term of the Franchise. Each policy of insurance shall
contain a statement on its face that the insurer will not cancel the policy or fail to renew
the policy, whether for nonpayment of premium, or otherwise, and whether at the request
of Grantee or for other reasons, except after sixty (60) days advance written notice have
been provided to City.
SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF
FRANCHISE
1. City's Right to Revoke.
a. In addition to all other rights which City has pursuant to law or equity, City
reserves the right to commence proceedings to revoke, terminate or cancel this Franchise,
and all rights and privileges pertaining thereto, if it is determined by City that:
i. Grantee has violated material provisions(s) of this Franchise; or
ii. Grantee has practiced fraud or deceit upon City.
City may enforce its rights and seek any and all relief allowed under applicable law if Grantee is
adjudged a bankrupt.
2. Procedures for Revocation.
a. City shall provide Grantee with written notice of a cause for revocation and
the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the
notice in which to correct the violation or to provide adequate assurance of performance in
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compliance with the Franchise. In the notice required herein, City shall provide Grantee
with the basis of the revocation.
b. Grantee shall be provided the right to a public hearing affording due process
before the City Council prior to the effective date of revocation, which public hearing shall
follow the thirty (30) day notice provided in subparagraph (a) above. City shall provide
Grantee with written notice of its decision together with written findings of fact
supplementing said decision.
C. Only after the public hearing and upon written notice of the determination
by City to revoke the Franchise may Grantee appeal said decision with an appropriate state
or federal court or agency.
d. During the appeal period, the Franchise shall remain in full force and effect
unless the term thereof sooner expires or unless continuation of the Franchise would
endanger the health, safety and welfare of any person or the public.
3. Abandonment of Service. Grantee may not abandon the System or any portion
thereof without having first given three (3) months written notice to City. Grantee may not
abandon the System or any portion thereof without compensating City for damages resulting from
the abandonment, including all costs incident to removal of the System.
4. Removal After Abandonment, Termination or Forfeiture.
a. In the event of termination or forfeiture of the Franchise or abandonment of
the System, City shall have the right to require Grantee to remove all or any portion of the
System from all Rights -of -Way and public property within City, unless Grantee is offering
other services (such as telecommunication services) over the System and has or obtains the
necessary authorizations to occupy the rights-of-way for such purposes.
b. If Grantee is not providing other lawful services over the System with the
necessary authorizations and has failed to commence removal of System, or such part
thereof as was designated by City, within thirty (30) days after written notice of City's
demand for removal is given, or if Grantee has failed to complete such removal within
twelve (12) months after written notice of City's demand for removal is given, City shall
have the right to apply funds secured by the Letter of Credit and Performance Bond toward
removal and/or declare all right, title, and interest to the System to be in City with all rights
of ownership including, but not limited to, the right to operate the System or transfer the
System to another for operation by it.
Sale or Transfer of Franchise.
a. No sale or transfer of the Franchise, or sale, transfer, or fundamental
corporate change of or in Grantee, including, but not limited to, a fundamental corporate
change in Grantee's parent corporation or any entity having a controlling interest in
Grantee, the sale of a controlling interest in the Grantee's assets, a merger including the
merger of a subsidiary and parent entity, consolidation, or the creation of a subsidiary or
affiliate entity, shall take place until a written request has been filed with City requesting
approval of the sale, transfer, or corporate change and such approval has been granted or
deemed granted, provided, however, that said approval shall not be required where Grantee
grants a security interest in its Franchise and/or assets to secure an indebtedness. The
foregoing notwithstanding, Grantee must seek approval of any transaction constituting a
transfer under state law.
b. Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's
parent corporation or any other entity having a controlling interest in Grantee, so as to
create a new controlling interest therein, shall be subject to the requirements of this Section
10.5. The term 'controlling interest' as used herein is not limited to majority stock
ownership, but includes actual working control in whatever manner exercised. In any
event, as used herein, a new "controlling interest" shall be deemed to be created upon the
acquisition through any transaction or group of transactions of a legal or beneficial interest
of fifteen percent (15%) or more by one Person. Acquisition by one Person of an interest
of five percent (5%) or more in a single transaction shall require notice to City. This
requirement shall not apply to transactions involving the acquisition of a non -Cable Service
business, movie studio, or other such business venture by Grantee's parent company).
C. The Grantee shall file, in addition to all documents, forms and information
required to be filed by applicable law, the following subject to reasonable confidentiality
agreements, if necessary:
i. All contracts, agreements or other documents that constitute the proposed
transaction and all exhibits, attachments, or other documents referred to
therein which are necessary in order to understand the terms thereof.
ii. A list detailing all public documents filed with any state or federal agency
related to the transaction including, but not limited to, the MPUC, the FCC,
the FTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall
provide City with a complete copy of any such document; and
iii. Any other documents or information related to the transaction as may be
specifically requested by the City which are necessary in order to
understand the terms thereof.
d. City shall have such time as is permitted by federal law in which to review
a transfer request.
e. The Grantee shall reimburse City for all the legal, administrative, and
consulting costs and fees associated with the City's review of any request to transfer.
Nothing herein shall prevent Grantee from negotiating partial or complete payment of such
costs and fees by the transferee. Grantee may not itemize any such reimbursement on
Subscriber bills, but may recover such expenses in its subscriber rates.
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f. In no event shall a sale, transfer, corporate change, or assignment of
ownership or control pursuant to subparagraph (a) or (b) of this Section be approved
without the transferee becoming a signatory to this Franchise and assuming all rights and
obligations thereunder, and assuming all other rights and obligations of the transferor to
the City including, but not limited to, any adequate guarantees or other security instruments
provided by the transferor.
g. In the event of any proposed sale, transfer, corporate change, or assignment
pursuant to subparagraph (a) or (b) of this Section, City shall have the right to purchase the
System for the value of the consideration proposed in such transaction. City's right to
purchase shall arise upon City's receipt of notice of the material terms of an offer or
proposal for sale, transfer, corporate change, or assignment, which Grantee has accepted.
Notice of such offer or proposal must be conveyed to City in writing and separate from any
general announcement of the transaction.
h. City shall be deemed to have waived its right to purchase the System
pursuant to this Section only in the following circumstances:
If City does not indicate to Grantee in writing, within sixty (60) days of
receipt of written notice of a proposed sale, transfer, corporate change, or
assignment as contemplated in Section 10.5 (g) above, its intention to
exercise its right of purchase; or
ii. It approves the assignment or sale of the Franchise as provided within this
Section.
i. No Franchise may be transferred if City determines Grantee is in
noncompliance of the Franchise unless an acceptable compliance program has been
approved by City. The approval of any transfer of ownership pursuant to this Section shall
not be deemed to waive any rights of City to subsequently enforce noncompliance issues
relating to this Franchise even if such issues predated the approval, whether known or
unknown to City.
SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS
1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access,
or otherwise discriminate against Subscribers (or group of potential subscribers) or general citizens
on the basis of race, color, religion, national origin, sex, age, status as to public assistance,
affectional preference, or disability. Grantee shall comply at all times with all other applicable
federal, state, and city laws, and all executive and administrative orders relating to
nondiscrimination.
2. Subscriber Privacy. Grantee shall comply with all customer privacy obligations
under applicable law.
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SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for
any firm, Person, group, company, corporation, or governmental body or agency, without the
express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any
unauthorized connection, extension, or division, whether physically, acoustically, inductively,
electronically or otherwise, with or to any segment of the System or receive services of the System
without Grantee's authorization.
2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person,
group, company, or corporation to willfully interfere, tamper, remove, obstruct, or damage, or
assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights
City may have pursuant to this Franchise or its police powers.
3. Penalty. Any firm, Person, group, company, or corporation found guilty of
violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action
nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every
subsequent offense. Each continuing day of the violation shall be considered a separate
occurrence.
SECTION 13. MISCELLANEOUS PROVISIONS
1. Franchise Renewal. Any renewal of this Franchise shall be performed in
accordance with applicable federal, state and local laws and regulations.
2. Work Performed by Others. All applicable obligations of this Franchise shall apply
to any subcontractor or others performing any work or services pursuant to the provisions of this
Franchise, however, in no event shall any such subcontractor or other performing work obtain any
rights to maintain and operate a System or provide Cable Service. Grantee shall provide notice to
City of the name(s) and address(es) of any entity, other than Grantee, which performs substantial
services in the City pursuant to this Franchise.
3. Amendment of Franchise Ordinance. Grantee and City may agree, from time to
time, to amend this Franchise. Such written amendments may be made subsequent to a review
session pursuant to Section 8.6 or at any other time if City and Grantee agree that such an
amendment will be in the public interest or if such an amendment is required due to changes in
federal, state or local laws. Provided, however, nothing herein shall restrict City's exercise of its
police powers.
31
4. Compliance with Federal State and Local Laws.
a. If any federal or state law or regulation shall require or permit City or
Grantee to perform any service or act or shall prohibit City or Grantee from performing
any service or act which may be in conflict with the terms of this Franchise, then as soon
as possible following knowledge thereof, either party shall notify the other of the point in
conflict believed to exist between such law or regulation. Grantee and City shall conform
to state laws and rules regarding cable communications not later than one year after they
become effective, unless otherwise stated, and to conform to federal laws and regulations
regarding cable as they become effective.
b. If any term, condition or provision of this Franchise or the application
thereof to any Person or circumstance shall, to any extent, be held to be invalid or
unenforceable, the remainder hereof and the application of such term, condition or
provision to Persons or circumstances other than those as to whom it shall be held invalid
or unenforceable shall not be affected thereby, and this Franchise and all the terms,
provisions and conditions hereof shall, in all other respects, continue to be effective and
complied with provided the loss of the invalid or unenforceable clause does not
substantially alter the agreement between the parties. In the event such law, rule or
regulation is subsequently repealed, rescinded, amended or otherwise changed so that the
provision which had been held invalid or modified is no longer in conflict with the law,
rules and regulations then in effect, said provision shall thereupon return to full force and
effect and shall thereafter be binding on Grantee and City.
5. Nonenforcement by City. Grantee shall not be relieved of its obligations to comply
with any of the provisions of this Franchise by reason of any failure or delay of City to enforce
prompt compliance. City may only waive its rights hereunder by expressly so stating in writing.
Any such written waiver by City of a breach or violation of any provision of this Franchise shall
not operate as or be construed to be a waiver of any subsequent breach or violation.
6. Rights Cumulative. All rights and remedies given to City by this Franchise or
retained by City herein shall be in addition to and cumulative with any and all other rights and
remedies, existing or implied, now or hereafter available to City, at law or in equity, and such
rights and remedies shall not be exclusive, but each and every right and remedy specifically given
by this Franchise or otherwise existing or given may be exercised from time to time and as often
and in such order as may be deemed expedient by City and the exercise of one or more rights or
remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any
other right or remedy.
7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it
has had an opportunity to review the terms and conditions of this Franchise and that under current
law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that
Grantee believes City has the power to make the terms and conditions contained in this Franchise.
32
8. No Third Party Beneficiaries. Nothing in this Franchise Agreement is intended to
confer third -party beneficiary status on any member of the public to enforce the terms of this
Franchise Agreement. This provision does not apply to the Commission or the NSAC.
SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
1. Publication: Effective Date. This Franchise shall be published in accordance with
applicable local and Minnesota law. The Effective Date of this Franchise shall January 1, 2017.
2. Acceptance.
a. Grantee shall accept this Franchise within sixty (60) of its enactment by the
City Council, unless the time for acceptance is extended by City. Such acceptance by the
Grantee shall be deemed the grant of this Franchise for all purposes provided, however,
this Franchise shall not be effective until all City ordinance adoption procedures are
complied with and all applicable timelines have run for the adoption of a City ordinance.
In the event acceptance does not take place, or should all ordinance adoption procedures
and timelines not be completed, this Franchise and any and all rights granted hereunder to
Grantee shall be null and void.
b. Upon the Effective Date and acceptance of this Franchise, Grantee and City
shall be bound by all the terms and conditions contained herein.
c. Grantee shall accept this Franchise in the following manner:
This Franchise will be properly executed and acknowledged by Grantee and
delivered to City.
ii. With its acceptance, Grantee shall also deliver any grant payments,
performance bond and insurance certificates required herein that have not
previously been delivered.
Introduction and First Reading by Mounds View City Council on September 25, 2017
Second Reading and Adoption by the Mounds View City Council on October 9, 2017
Publication Date: October 20, 2017
ATTEST:
(seal)
33
Carol A. Mueller, Mayor
Nyle Zikmund, Interim City Administrator
ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions.
Dated:
34
COMCAST OF MINNESOTA, INC.
By: _
Its:
Exhibit A — Drops to Designated Buildings
Exhibit B — Comcast Enterprise Services Master Services Agreement (MSA)
Exhibit B2 — First Amendment to Comcast Enterprise Services Master Agreement
Exhibit B3 - Comcast Enterprise Services General Terms and Conditions
Exhibit C — Existing Network Facilities
Exhibit C — Schedule C-1— Dark Fiber Connections
Exhibit C — Schedule C-2 — PEG Origination Points
Exhibit D — March 1, 2012, Settlement Agreement
Exhibit E — Sample Gross Revenues Report
Exhibit F — Performance Bond
Exhibit G — Indemnification Agreement
CABLE TELEVISION FRANCHISE
ORDINANCE SUMMARY
ORDINANCE NO. 937
AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF MINNESOTA, INC.,
D/B/A COMCAST TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN THE CITY OF MOUNDS VIEW; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR
REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN
CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN;
The City Council of the City of Mounds View ordains:
STATEMENT OF INTENT AND PURPOSE
The City intends, by the adoption of this Franchise, to bring about the further development of a
Cable System and the continued operation of it. Such development can contribute significantly
to the communication needs and desires of the residents and citizens of the City and the public
generally. Further, the City may achieve better utilization and improvement of public services
and enhanced economic development with the development and operation of a Cable
Communication System.
Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and
its residents.
The specific terms and conditions of the Franchise Ordinance, Sections 1 to 14, and Exhibits are
available for review at City Hall, Mounds View City Hall, 2401 Mounds View Boulevard,
Mounds View, MN 55112.
Item No: 9.D.
MOUNDS Meeting
VI
Meeting Date: October 9, 2017
�( Type of Business: Council Business
— - Administrator review:
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nyle Zikmund, Interim City Administrator
Item Title/Subject: Resolution 8840, Approving the Hiring of Consultant to
Conduct Compensation Study
Background
With the recent completion of the three collective bargaining unit's compensation study it
was determined by council to ensure the 22 non-union staff member's wages remained
competitive via a similar study. Former Administrator Ericson prepared and distributed a
request for proposal to six consultants who specialize in this field. Staff received
proposals from three; David Drown, Springsted, and Bjorklund. Estimates ranged from
$6,340 to $12,900.
Discussion
Two of the three proposals were within percentage points of each other on cost and all
provided sufficient evidence of abilities and meeting performance requirements. A
component of the project was pointing the HR position previously approved. Director
Beer and I met to discuss and determine the best fit for this project.
Recommendation
Staff recommends approval of Resolution 8840 authorizing hiring of Bjorklund
Compensation Consulting, LLC. to conduct a compensation study, point the HR System
and two public works supervisory positions at a cost not to exceed $7,000.
Respectfully submitted,
JeriNZhikm nd
m ity Administrator
RESOLUTION NO. 8840
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE HIRING OF A CONSULTANT TO CONDUCT
A COMPENSATION STUDY
WHEREAS, The City of Mounds View recently completed a compensation study
for their union/collective bargaining employees; and
WHEREAS, The City of Mounds View values all employees and endeavors to
ensure compensation equity amongst all classes of employees; and
WHEREAS, An Request for Proposal to conduct a Compensation Study for non-
union employees was prepared and distributed to six consultants specializing in this field;
and
WHEREAS, Three of the six submitted proposals; all meeting the requirements
with prices ranging from 6,340 to $12,900 for the services; and
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
approves hiring of Bjorklund Compensation Consulting LLC. to conduct a compensation
Study at a cost not to exceed $7,000.
Adopted this 9fh day of October, 2017.
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(seal)
of Mounds View Staff
Item No: 9. E.
Meeting Date: October 9, 2017
Type of Business: Council Business
Administrator review:
To: Honorable Mayor and City Council
From: Nyle Zikmund, Interim City Administrator
Item Title/Subject: Resolution 8841, Approving Support of Mounds View School
District Bond Referendum
Background
At the October 2, 2017 City Council Workshop representatives of the Mounds View
School District provided the Council with a presentation detailing their proposed $165
million bond referendum.
Discussion
Upon conclusion of the presentation the council asked several questions and engaged in
discussion which included broad council support. The School District has requested the
adoption of a resolution to formalize that support.
Recommendation
Staff recommends approval of Resolution 8841.
Respectfully submitted,
/)/� '� 9,4 '/
N e mun
Inte m City dministrator
RESOLUTION NO. 8841
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING SUPPORT OF
MOUNDS VIEW SCHOOL DISTRICT BOND REFERENDUM
WHEREAS, the City Council recognizes the importance of quality public
education; and
WHEREAS, the City has a longstanding record of cooperative programs with the
Mounds View School District; and
WHEREAS, the School District has demonstrated an outstanding record of high
academic achievement; and
WHEREAS, quality schools are important to the quality of life in our community
and maintaining high property values; and
WHEREAS, most school buildings are already occupied beyond 100 percent
capacity and an additional 1,600 students are anticipated in the Mounds View School
District in the next seven years; and
WHEREAS, it has been 18 years since the District last asked voters to invest in
infrastructure; and
WHEREAS, the School Board unanimously voted to place the bond referendum
on the November 7, 2017, ballot; and
WHEREAS, the bond would relieve overcrowding, address safety and security
needs, and improve aging infrastructure; and
NOW, THEREFORE, BE IT RESOLVED that Mounds View hereby supports the
passage of the bond referendum for Mounds View Public Schools on November 7, 2017.
Adopted this gth day of October, 2017.
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(seal)
j B
Item No: 9.F.
- Meeting Date: October 9, 2017
MUS W I Type of Business: Council Business
------ - Administrator review:
City of /n�ounds View �t�aff Report
To: Honorable Mayor and City Council
From: Nate Harder, Chief of Police
Item Title/:subject: Resolution 8843, Appointing Maggie Hicks to Police Support
Specialist
Background
The Mounds View Police Department has employed a Support Specialist and a Records
Technician to support police operations. The police department has undergone
changes as a result of a new records management system and changing policies and
procedures. The Police Support Specialist has recently tendered her resignation. This
is a key position for the police department and it is important that the position be filled
as soon as possible.
Discussion
With the adoption of a new records management system and other changes within the
department, Maggie Hicks has taken a lead role within the department and has been
doing many of the duties that the Support Specialist would do. To fill the current
vacancy in the Police Support Specialist position staff would like to promote Maggie
Hicks to Police Support Specialist. She is the only internal candidate that would be
eligible to apply for this position and she has done an exemplary job as Records
Technician. This promotion would be subject to a 6 months probationary period. Staff
will also be reviewing both position descriptions to reflect the changing duties for both
the Support Specialist and the Records Technician and will bring that back to Council at
a future date with a request to fill the Records Technician position.
Recommendation
Staff recommends Maggie Hicks be appointed to Police Support Specialist effective
Monday, October 9, 2017 at step 4 $27.00 per hour from her current pay of $25.17 per
hour.
Respectfully submitted,
4�v�
Nat arder
Chief of Police
RESOLUTION NO. 8843
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPOINTING MAGGIE HICKS TO POLICE SUPPORT SPECIALIST
WHEREAS, the Mounds View Police Department has a vacancy in the Police
Support Specialist position due to a resignation; and
WHEREAS, this is a key position for the police department; and
WHEREAS, Maggie Hicks has been doing many of the duties of the Police
Support Specialist as a result of changes in policies and procedures and a new records
management system; and
WHEREAS, Maggie Hicks is the only eligible internal candidate to apply for this
position; and
WHEREAS, staff will be reviewing both the Support Specialist and Records
Technician position descriptions to reflect the changing duties within the department.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council appoints
Maggie Hicks to Police Support Specialist effective Monday October 9, 2017, at step 4
$27.00 per hour from her current pay rate of $25.17 per hour, subject to a 6 months
probationary period and step 5 consideration in one year based on satisfactory
performance evaluation.
Adopted this 9th day of October, 2017.
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(seal)
of Mounds View Staff
Item No: 09G
Meeting Date: October 9 2017
Type of Business: Business
A �'
To: Honorable Mayor and City Council
From: Nyle Zikmund, Interim City Administrator
Subject: Resolution 8844, Authorizing the Hire of Kathy Bednar on a Part-
time Temporary Basis to Provide Administrative Assistance to Police
Department
Introduction:
Jennifer Fulton tendered her resignation from the Police Department on October 4, 2017. There
is an immediate need for administrative assistance in the Police Support Service area. Recently
retired (2016) employee Kathy Bednar has expressed a desire to assist the City during this time
of transition on a part-time, temporary basis. Given her years of experience and extensive skill
set, Ms. Bednar would be a welcomed addition to the staff, even if on a temporary basis.
Discussion:
Chief Harder has spoken with Ms. Bednar who is willing to assist the City during this time of
transition. Duties would include police records and management, assisting members of the
public at the counter, and other duties as may be assigned. The temporary, part-time position
would start on or after October 9, 2017. Ms. Bednar would be a valuable resource to Chief
Harder and the Police Department
The hourly rate for the position would be $25.17 and the hours would be capped at no more than
40 per pay period. While no holiday pay, sick leave or vacation pay would accrue with this
temporary, part time position, the City is willing to provide 8 hours of personal leave for every 240
hours worked. The temporary, part-time position would not qualify for insurance benefits.
Recommendation:
Staff recommends that the City Council approve Resolution 8844, approving the hire of Kathy
Bednar on a part-time, temporary basis, to assist the police department with administrative
matters as indicated and as needed.
Respectfully submitted,
r
Nyl ikmu
Interim City Administrator
RESOLUTION 8844
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE HIRE OF KATHY BENDAR TO PROVIDE
ADMINISTRATIVE SUPPORT ON A PART-TIME, TEMPORARY BASIS
WHEREAS, the City is presently short-staffed due to recent retirements and resignations;
and,
WHEREAS, recently retired Kathy Bednar has indicated her availability to assist the City
during this time of staffing transition; and,
WHEREAS, Ms. Bednar would provide administrative support to the Police Department
on a temporary, part-time basis, not to exceed 40 hours worked per pay period; and,
WHEREAS, the hourly rate for this temporary position will be $25.17 with 8 hours of
personal leave accrued for every 240 hours worked; and
WHEREAS, aside from the personal leave noted above, this position would not qualify for
vacation leave, sick leave, holiday pay or health insurance benefits.
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council approves
the hire of Kathy Bednar to provide administrative support to the police department on a part-
time, temporary basis at the rate of $25.17 per hour, not to exceed 40 hours per pay period, with
an anticipated start date of October 10, 2017, or shortly thereafter.
Adopted this 9th day of October, 2017.
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(seal)
Y
of Mounds View Staff
Item No: 9H
Meeting Date: October 9, 2017
Type of Business: CB
Administrator Review:
To: Honorable Mayor and City Council
From: Don Peterson, Interim Director of Public Works
Item Title/Subject: Resolution 8845 Approving Playground Equipment
Replacement at City Hall Park.
Background/Discussion:
The National Playground Safety Institute recommends that play structures be replaced
every 12-15 years.
The City Hall Park playground equipment is 20 plus years old. Signs of aging include the
pealing of the equipment coating along with rust development on various components.
The City Council had directed Public Works along with the Parks and Recreation and
Forestry Commission to evaluate the City Hall Park campus, which would include a new
Playground and splash pad.
A proposed playground splash pad equipment layout was prepared by
Minnesota/Wisconsin Playground of Golden Valley, Minnesota. The layout was reviewed
by the Commission, and the Commission presented the new playground /splash pad
layout to the City Council at the March 6, 2017 Work Session. The City Council approved
the overall concept and layout of the City Hall Park and instructed staff to get cost
estimates.
Staff presented the estimated costs to Council, after review of the estimated costs the
City Council instructed staff search and apply for any grants that would help in offsetting
the costs of the playground/splash pad. Staff applied for a grant through Game Time, this
grant is for playground equipment only and does not cover the costs associated with the
installation or other components of a playground such as benches, and picnic tables. The
grant is as a matching fund, the equipment must be purchased and delivered in 2017.
Staff has received a quote from Minnesota/Wisconsin Playground for the playground
equipment and site furnishings for a total of $145,883.00. The City was awarded a grant
from Game Time in the amount of $65,178.00. With the awarded grant the cost for the
playground equipment and site furnishings is $80,705.00, not including the freight costs
of $9,710.66. For a total cost of $90,415.66.
Minnesota/1Nisconsin Playground is on the US Communities Government Purchasing
Alliance, (similar to the State Cooperative Venture) and has furnished and installed
previous playground equipment in Mounds View in a satisfactory manner. The 2017
adopted budget includes $250,000.00 in the Special Projects fund 480-4470-7050 for
Splash Pad City Hall Park redesign.
Recommendation:
Staff along with the Parks and Recreation and Forestry Commission is recommending
the City Council adopt attached resolution to accept the grant from Game Time and
approve playground equipment replacement for City Hall Park for a total amount of
$90,415.99.
Respectfully submitted,
Don Peterson, Interim Director of Public Works
RESOLUTION 8845
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING PLAYGROUND EQUIPMENT REPLACEMENT FOR CITY HALL PARK
WHEREAS, the playground equipment at City Hall Park is 20 years old and in
need of replacement; and,
WHEREAS, Public Works Staff and the Parks and Recreation and Forestry
Commission have reviewed options for the playground; and,
WHEREAS, Minnesota/VVisconsin Playground of Golden Valley, Minnesota
prepared a proposal for the playground equipment layout for City Hall Park for a cost of
$145,883.00; and,
WHEREAS, the City applied and received a matching grant from Game Time for
playground equipment only in the amount of $65,178.00; and,
WHEREAS, the City Council vision is to improve the City Hall Park to include a
new Playground and to include a Splash Pad.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
Approves the concept of the equipment layout and proposal submitted by
Minnesota/Wisconsin Playground for the playground equipment and site
furnishings in the amount of $145,883.00, not including freight costs of
$9,710.66.
2. Accepts the Grant from Game Time in the amount of $65,178.00. The grant is
a cost share grant for playground equipment only.
3. Monies for the above said work shall be funded by the Special Projects Fund
(480-4470-7050) for an amount of $90,415.99.
4. The Mayor and City Administrator are hereby authorized and directed to
execute all appropriate documents to effectuate the actions contemplated by
this resolution.
5. The Mayor and 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.
Res 8845 cont'd
Adopted this 9th day of October, 2017.
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(Seal)