HomeMy WebLinkAboutAgenda Packets - 2013/01/28CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, January 28, 2013
7:00 p.m.
Revised as of Friday, January 25, 2013 at 1015am
CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight's agenda. Before speaking, please give
your full name and address for the minutes. Also, please limit your comments to three
minutes.
6. SPECIAL ORDER OF BUSINESS
A. Resolution 8056, a Resolution of Appreciation for Torri Johnson for her Years of
Service on the Economic Development Commission (EDC)
B. Resolution 8051, a Resolution of Appreciation for Keith Crambilt for his Years of
Service with the Planning Commission
G. Reselution 8052, a Resolution of AppfeG;-�;__
.o, i lo. y 1.1esehihause for his Years
of SewiGe with the Planning Commission
D. Resolution 8053, a Resolution of Appreciation for Robin Marion for his Years of
Service with the Police Civil Service Commission
E. Resolution 8054, a Resolution of Appreciation for Todd Lang for his Years of
Service with the Streets and Utilities Advisory Committee
F. Resolution 8055, a Resolution of Appreciation for Sean Walther for his Years of
Service with the Streets and Utilities Advisory Committee
G. Dialogue with Senator Bev Scalze and Representative Barb Yarusso
7. COUNCIL BUSINESS
A. 7:00 pm Public Hearing to Consider the First Reading and Introduction of
Ordinance 875, an Ordinance Approving a Franchise Agreement with Xcel Energy
for Natural Gas Operations in Mounds View
B. 7:00 pm Public Hearing to Consider the First Reading and Introduction of
Ordinance 876, an Ordinance Approving a Franchise Agreement with Xcel Energy
for Electric Operations in Mounds View
C. 7:00 pm Public Hearing to consider the First Reading and Introduction of
Ordinance 878, an Ordinance Amending Section 4.02, Subd. 1, of the Mounds
View City Charter Pertaining to "Filing for Office"
D. Second Reading and Adoption of Ordinance 877, an Ordinance Amending Chapter
405 of the Mounds View City Code to Increase the Size of the Parks, Recreation
and Forestry Commission from Seven to Nine Members (ROLL CALL VOTE)
E. Resolution 8050, Appointing Daniel Larson to the Streets and Utilities Advisory
Committee
City Council Agenda
Monday, January 28, 2013
Page 2
7. COUNCIL BUSINESS - CONTINUED
F. Resolution 8049, Approving Revisions to the Housing and Code Enforcement
Inspector / Fire Marshal Job Description and Authorizing a Wage and Step
Assignment for Jeremiah Anderson
8. CONSENT AGENDA
A. Resolution 8047, Authorization to Repair Damaged Police Squad Cars
B. Resolution 8048, Approving Outreach Transportation Services, LLC, Office Space
Lease at Mounds View Community Center
C. Resolution 8057, Accepting Work for 2012 Reroofing of Community Center and
Water Treatment Plant No. 1 Project and Authorizing Final Payment to Rosenquist
Construction, Inc.
D. Resolution 8058, Accepting Work for 2012 Water Tower Reconditioning Project
and Authorizing Final Payment to Odland Protective Coatings, Inc.
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. December 10, 2012, City Council Meeting Minutes
B. January 7, 2013, Special City Council Meeting Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session:
Next Council Meeting:
13. ADJOURNMENT
Monday, February 4, 2013, at 7pm
Monday, February 11, 2013 at 7pm
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, January 28, 2013
7:00 p.m.
CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight's agenda. Before speaking, please give
your full name and address for the minutes. Also, please limit your comments to three
minutes.
SPECIAL ORDER OF BUSINESS
A. Resolution 8056, a Resolution of Appreciation for Torri Johnson for her Years of
Service on the Economic Development Commission (EDC)
B. Resolution 8051, a Resolution of Appreciation for Keith Crambilt for his Years of
Service with the Planning Commission
C. Resolution 8052, a Resolution of Appreciation for Gary Meehlhause for his Years
of Service with the Planning Commission
D. Resolution 8053, a Resolution of Appreciation for Robin Marion for his Years of
Service with the Police Civil Service Commission
E. Resolution 8054, a Resolution of Appreciation for Todd Lang for his Years of
Service with the Streets and Utilities Advisory Committee
F. Resolution 8055, a Resolution of Appreciation for Sean Walther for his Years of
Service with the Streets and Utilities Advisory Committee
G. Dialogue with Senator Bev Scalze and Representative Barb Yarusso
7. COUNCIL BUSINESS
A. 7:00 pm Public Hearing to Consider the First Reading and Introduction of
Ordinance 875, an Ordinance Approving a Franchise Agreement with Xcel Energy
for Natural Gas Operations in Mounds View
B. 7:00 pm Public Hearing to Consider the First Reading and Introduction of
Ordinance 876, an Ordinance Approving a Franchise Agreement with Xcel Energy
for Electric Operations in Mounds View
C. 7:00 pm Public Hearing to consider the First Reading and Introduction of
Ordinance 878, an Ordinance Amending Section 4.02, Subd. 1, of the Mounds
View City Charter Pertaining to "Filing for Office
D. Second Reading and Adoption of Ordinance 877, an Ordinance Amending Chapter
405 of the Mounds View City Code to Increase the Size of the Parks, Recreation
and Forestry Commission from Seven to Nine Members (ROLL CALL VOTE)
E. Resolution 8050, Appointing Daniel Larson to the Streets and Utilities Advisory
Committee
City Council Agenda
Monday, January 28, 2013
Page 2
7. COUNCIL BUSINESS - CONTINUED
Resolution 8049, Approving Revisions to the Housing and Code Enforcement
Inspector / Fire Marshal Job Description and Authorizing a Wage and Step
Assignment for Jeremiah Anderson
8. CONSENT AGENDA
A. Resolution 8047, Authorization to Repair Damaged Police Squad Cars
B. Resolution 8048, Approving Outreach Transportation Services, LLC, Office Space
Lease at Mounds View Community Center
C. Resolution 8057, Accepting Work for 2012 Reroofing of Community Center and
Water Treatment Plant No. 1 Project and Authorizing Final Payment to Rosenquist
Construction, Inc.
D. Resolution 8058, Accepting Work for 2012 Water Tower Reconditioning Project
and Authorizing Final Payment to Odland Protective Coatings, Inc.
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. December 10, 2012, City Council Meeting Minutes
B. January 7, 2013, Special City Council Meeting Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session
Next Council Meeting:
13. ADJOURNMENT
Monday, February 4, 2013, at 7pm
Monday, February 11, 2013 at 7pm
Item 05A
Special Order of Business
January 28, �2013
City Administrator Review: " 4
RESOLUTION NO. 8056
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO TORRI JOHNSON FOR HER YEARS
OF SERVICE WITH THE ECONOMIC DEVELOMENT COMMISSION (EDC)
WHEREAS, Torri Johnson was appointed to the EDC in 2000; and
WHEREAS, Torri Johnson has served on the EDC with dedication and a
high level of enthusiasm; and
WHEREAS, Torri Johnson has gained the respect and gratitude of her
fellow Economic Development Commissioners.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View,
expresses its appreciation to Torri Johnson for her dedication and devoted
service on the Mounds View EDC.
ATTEST:
(seal)
Adopted this 28th day of January 2013.
Mayor Flaherty
Councilmember Gunn
Councilmember Hull
Councilmember Meehlhause Councilmember Mueller
City Administrator Ericson
Item 06B
Special Order of Business
January 26 2013
City Administrator Review:
RESOLUTION NO. 8051
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION SERVICE WITH OTHE PLANNING KEITH RAMBILT FOR HIS YEARS
COMMISSION
O
WHEREAS, Keith Crambilt was appointed to the Planning Commission in
2007; and
WHEREAS, Keith Crambilt has served on the Planning Commission with
dedication and a high level of enthusiasm; and
WHEREAS, Keith Crambilt has gained the respect and gratitude of his
fellow Planning Commissioners.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View,
expresses its appreciation to Keith Crambilt for his dedication and devoted
service on the Mounds View Planning Commission.
ATTEST:
(seal)
Adopted this 28th day of January 2013.
Mayor Flaherty
Councilmember Gunn
Councilmember Meehlhause
Councilmember Hull
Councilmember Mueller
City Administrator Ericson
Item 06C
Special Order of Business
January 28, 2013
City Administrator Review: �[^
RESOLUTION NO. 8052
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO GARY MEEHLHAUSE FOR HIS
YEARS OF SERVICE WITH THE PLANNING COMMISSION
WHEREAS, Gary Meehlhause was appointed to the Planning
Commission in 2004; and
WHEREAS, Gary Meehlhause has served on the Planning Commission
with dedication and a high level of enthusiasm; and
WHEREAS, Gary Meehlhause has gained the respect and gratitude of his
fellow Planning Commissioners.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View,
expresses its appreciation to Gary Meehlhause for his dedication and devoted
service on the Mounds View Planning Commission.
Adopted this 28th day of January 2013.
Mayor Flaherty
Councilmember Gunn Councilmember Hull
Councilmember Meehlhause Councilmember Mueller
ATTEST:
City Administrator Ericson
(seal)
Item 06D
Special Order of Business
January 28, 2013
City Administrator Review:
RESOLUTION NO. 8053
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTIONOROBIN SERVICE WITH THE POLICE CIVIL SERVICE ON FOR IARS OF
E
WHEREAS, Robin Marion was appointed to the Police Civil Service
Commission in 2007; and
WHEREAS, Robin Marion has served on the Planning Commission with
dedication and a high level of enthusiasm; and
WHEREAS, Robin Marion has gained the respect and gratitude of his
fellow Police Civil Service Commissioners.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View,
expresses its appreciation to Robin Marion for his dedication and devoted service
on the Mounds View Police Civil Service Commission.
ATTEST:
(seal)
Adopted this 28th day of January 2013.
Mayor Flaherty
Councilmember Gunn
Councilmember Meehlhause
Councilmember Hull
Councilmember Mueller
City Administrator Ericson
Item 06E
Special Order of Business
January 28, 2013
City Administrator Review:
RESOLUTION NO. 8054
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION I OF D LANG FOR HIS YEARS OF
APPRECIATION
SERVVICE WITH THE STREETS AND UTILITIES EADV SORY COMMITTEE
WHEREAS, Todd Lang was appointed to the Streets and Utilities Advisory
Committee in 2010; and
WHEREAS, Todd Lang has served on the Streets and Utilities Advisory
Committee with dedication and a high level of enthusiasm; and
WHEREAS, Todd Lang has gained the respect and gratitude of his fellow
Street and Utilities Advisory Committee members.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View,
expresses its appreciation to Todd Lang for his dedication and devoted service
on the Mounds View Streets and Utilities Advisory Committee.
ATTEST:
(seal)
Adopted this 28th day of January 2013.
Mayor Flaherty
Councilmember Gunn
Councilmember Meehlhause
Councilmember Hull
Councilmember Mueller
City Administrator Ericson
Item 06F
Special Order of Business
January 28. 2013
City Administrator Review:
RESOLUTION NO. 8055
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO SEAN WALTHER FOR HIS YEARS OF
SERVICE WITH THE STREETS AND UTILITIES ADVISORY COMMITTEE
WHEREAS, Sean Walther was appointed to the Streets and Utilities
Advisory Committee in 2010; and
WHEREAS, Sean Walther has served on the Streets and Utilities Advisory
Committee with dedication and a high level of enthusiasm; and
WHEREAS, Sean Walther has gained the respect and gratitude of his
fellow Street and Utilities Advisory Committee members.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View,
expresses its appreciation to Sean Walther for his dedication and devoted
service on the Mounds View Streets and Utilities Advisory Committee.
Adopted this 28th day of January 2013.
Mayor Flaherty
Councilmember Gunn Councilmember Hull
Councilmember Meehlhause Councilmember Mueller
ATTEST:
City Administrator Ericson
(seal)
" 3 Item No: 7.A
Meeting Date: January 28, 2013
MOT Tj�j�s�%I% Type of Business: Council Business
V1.—L Administrator Review:
of Mounds View Staff
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Introduction, and First Reading of Ordinance 875, an
Ordinance Granting Northern States Power Company, a
Minnesota Corporation, d/b/a Xcel Energy, its Successors
and Assigns, a Franchise to Construct, Operate, Repair and
Maintain in the City of Mounds View, Minnesota, the
Necessary Gas Pipes, Mains and Appurtenances for the
Transmission or Distribution of Gas to the City and its
Inhabitants and Others and Transmitting Gas into and
Through the City for Such Purposes; and Prescribing Certain
Terms and Conditions Thereof
Attached is an ordinance to receive an introduction and first reading. The public hearing was
opened on December 10th and continued to January 28th, 2013. The City Council should take
any additional comment and then close the public hearing. The second reading and adoption
will be held on Monday, February 11, 2013. This ordinance continues the franchise agreement
with Xcel Energy. Kennedy & Graven has been the lead during the renewal process and this
agreement is similar to the previous agreement. The changes from the previous franchise
agreement will be summarized and provided prior to the meeting by Kennedy & Graven.
Ordinances 517 and 518 passed on October 13, 1992 originally enacted the franchise
agreement. It provides that the City may impose a franchise fee of not more than 4% of Xcel's
gross operating revenues at any time during the 20 -year term of the franchise. The 20 -year
term ran from 1993 through December 21, 2012 and was mutually extended for 90 days. This
agreement will extend the franchise for 20 more years from the date of acceptance.
It has been the practice to include a sunset provision in the annual ordinance that requires it to
be re-enacted each year and this does not change with a new franchise. Staff would request
that a summary ordinance be published with the complete ordinance available on-line and at
City Hall.
Respectfully Submitted,
Mark Beer
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
MEMORANDUM
To: Jim Ericson, City Administrator
From: Bob Vose
Date: January 24, 2013
Re: Xcel; gas and electric franchises
In February, 2012, Xcel notified the city that its electric and gas franchises, Ordinance
Nos. 517 and 518, would be expiring shortly. Xcel requested that the city renew these
franchises. Because negotiations were not completed by the expiration date in December,
city and company representatives agreed to short extensions while the terms of the
proposed renewal franchises were being finalized.
Xcel initially proposed its model franchise. However, after comparing the model
document to the current franchises, it became apparent that many substantive changes
were proposed and most were not beneficial to the city. Accordingly, we insisted on
using the current franchises as the starting point. After many rounds of revisions, the
parties have negotiated terms that are acceptable to the company and recommended for
approval by city staff and legal counsel.
As with the prior franchises, the proposed renewal franchises are substantively identical
to one another. Further, the proposed franchises would again be for a term of 20 years
and many other terms and conditions remain materially unchanged. The following
summarizes the most significant proposed changes to the prior franchises.
1.
Right -of -Way (ROM)Requirements-
Since adoption of the prior Xcel franchises in 1992, state laws governing use of public
ROW by utilities, and regulation of such ROW by cities and other local government
units, has been substantially amended. Minn. Stat. § 237.162 and .163. Further, the
Minnesota Public Utilities Commission has promulgated ROW regulations under these
new laws. Minn. Rules, Part 7819.0100 et seq. The city revised its local ordinances
governing ROW in accordance with these changes to state law.
The proposed new franchises reflect these changes in state laws and regulations and local
city ordinances. The changes ensure that the franchises dovetail with current laws.
417974 RJV MU210-164
For example, a prior franchise provision requiring Xcel to maintain facilities in "good
condition," now refers to any maintenance requirements in the city's ROW ordinance. A
provision requiring Xcel to provide "field locations" for its buried utility facilities and
other mapping information now refers to applicable requirements in state law and
regulations, subject to any limitations on release of such information in the federal
Homeland Security Act. Provisions detailing when Xcel must relocate its facilities, at its
expense, to facilitate a city project now refer to the applicable provisions in state law.
Finally, a new provision clarifies that if any provision in a franchise conflicts with a city
ROW ordinance provision, the franchise prevails.
2. Defaults,• Dispute Resolution.
The former franchises provided that in the event of an alleged default, the city was
obligated to give notice and an opportunity to cure then could sue to demand
performance. The proposed renewal franchises provide for a meeting of the parties and
good faith attempt to resolve the dispute, the opportunity for mediation, and then a right to
commence litigation. This type of alternative dispute resolution is now common in utility
franchises.
3. Franchise Fees
Under the prior franchises, the City annually adopts franchise fee ordinances requiring
Xcel to pay fees to the City equal to 4% of its local electric and gas revenues. Xcel
proposed several important changes to this franchise fee arrangement.
Specifically, Xcel proposed that the cost of any permits it obtains to authorize work in
ROW be deducted and offset from its franchise fee payments, that the city to impose
different franchise fee amounts based on different customer classes (i.e. Xcel would pass
different franchise fee amounts on to residential, commercial, and industrial customers),
that the city only receive franchise fee payments annually instead of monthly, and that the
city be required to impose equivalent franchise fees on other utilities.
After much discussion, the proposed franchises only include the following: "The City
shall impose equivalent franchise fees on other energy suppliers to the extent the City has
such authority." The franchise fee provisions otherwise remain unchanged, as the city
desired.
Conclusion
We recommend approval and adoption of the proposed new Xcel electric and gas
franchises.
417974 RJV MU210-164
GAS FRANCHISE ORDINANCE
ORDINANCE NO. 875
CITY OF MOUNDS VIEW, RAMSEY COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN
THE CITY OF MOUNDS VIEW, MINNESOTA, THE NECESSARY GAS PIPES, MAINS
AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO
THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO
AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC
WAYS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS
AND CONDITIONS THEREOF.
THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW, RAMSEY COUNTY,
MINNESOTA, ORDAINS.
SECTION I. DEFINE S•
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Mounds View, County of Ramsey, State of Minnesota.
1.2 City Utility System. Facilities used for providing non -energy related public utility
service owned or operated by City or agency thereof, ing sewer
excluding facilities for providing heating, l ghting or other forms of energy.and water service, but
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency
or agencies, including an agency of the federal government, which preempts all, or part of the
authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel
Energy, its successors and assigns.
1.5 Gas. Natural gas, manufactured gas, or other form of gaseous energy.
1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by
Company for the purpose of providing gas service for public use.
1.7 Notice. A written notice served by one party on the other party. Notice to
Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5"' Floor, Minneapolis, MN
55401. Notice to the City shall be mailed to the City Administrator, City Hall, 2401
1
408686 RJV M0210-164
Highway 10, Mounds View, MN 55112. Either party may change its respective address for the
purpose of this Ordinance by written notice to the other party.
1.8 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public.
1.9 Public Way. Any street, alley, walkway or other public right-of-way within the
City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat,
power and other purposes for public and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future. For these purposes, Company may
construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public
Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all
reasonable things necessary or customary to accomplish these purposes, subject, however, to such
reasonable regulations as may be imposed by the City pursuant to ordinance and to the further
provisions of this franchise.
2.2 Effective Date; Written Acceptance. This Ordinance shall be in full force and
effect from and after passage of this Ordinance, its acceptance by Company, and its publication
as required by law. The City by Council resolution may revoke this franchise if Company does
not file a written acceptance with the City within 90 days after passage.
2.3 Servic_ e and Rates. The service to be provided and the rates to be charged by
Company for Gas service in City are subject to the jurisdiction of the Commission.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by
City and reimbursed to City by Company.
2.5 Dispute Resolution. If either party asserts that the other party is in default in the
he
performance of any obligation hereunder, the complaining party shall notify he other party
of default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If he dispute
is not resolved within 30 days of the written notice, the parties may jointly select a mediator to
facilitate further discussion. The parties will equally share the fees and expenses of this mediator.
If a mediator is not used or if the parties are unable to resolve he dispute within 30 days after first
meeting with the selected mediator, either party may commence an action in District Court to
interpret and enforce this franchise or for such other relief as may be permitted by law or equity for
breach of contract, or either party may take any other action permitted by law.
408686 RJV MU210-164
SECTION 3. LOCATION OTHER REGULATIONS.
3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so
as not to interfere with the safety and convenience of ordinary travel along and over Public Ways
and so as not to disrupt normal operation of any City Utility System previously installed therein.
Gas Facilities shall be located on Public Grounds as determined by the City. Company's
construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be
subject to permits if required by separate ordinance and to other reasonable regulations of the City
to the extent not inconsistent with the terms of this Ordinance. Company may abandon
underground gas facilities in place, provided, at City's request, Company will remove abandoned
metal pipe interfering with a City improvement project, but only to the extent such metal pipe is
uncovered by excavation as part of the City's improvement project.
3.2 Field Locations. Company shall provide field locations for its underground Gas
Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. In
addition, subject to the Homeland Security act or other applicable laws, the Company must
promptly provide mapping information for any of its underground Gas Facilities in accordance
with City Code, Chapter 910, and Minnesota Rules Parts 7819.4000 and 7819.4100.
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a separate
ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on
Company shall not be more burdensome than those imposed on other utilities for similar facilities
or work. Company may, however, open and disturb any Public Ground or Public Way without
permission from the City where an emergency exists requiring the immediate repair of Gas
Facilities. In such event Company shall notify the City by telephone to the office designated by the
City as soon as practicable. Not later than the second working day thereafter, Company shall obtain
any required permits and pay any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public
Ground or Public Way, Company shallrestore the same, including paving and its foundation, to as
good a condition as formerly existed, and shall maintain any paved surface in good condition for
two years thereafter. The work shall be completed as promptly as weather permits, and if Company
shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and
material, and put the Public Ground or Public Way in the said condition, the City shall have, after
demand to Company to cure and the passage of a reasonable period of time following the demand,
but not to exceed five days, the right to make the restoration at the expense of Company. Company
shall, upon demand, pay to the City the cost of such work done for or performed by the City. This
remedy shall be in addition to any other remedy available to the City for noncompliance with this
Section 3.4, but the City hereby waives any requirement for Company to post a construction
performance bond, certificate of insurance, letter of credit or any other form of security or
assurance that may be required, under a separate existing or future ordinance of the City, of a
person or entity obtaining the City's permission to install, replace or maintain facilities in a
Public Way.
9
408686 RJV MU210-164
3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person,
including Company, from liability arising out of the failure to exercise reasonable care to avoid
damaging the Gas Facilities, or any other persons or property, while performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans
for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas
Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and
character of the improvements, (ii) the Public Grounds and Public Ways upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will
start the work, and (v) if more than one Public Ground or Public Way is involved, the order in
which the work is to proceed. The notice must be given to Company a sufficient length of time in
advance of the actual commencement of the work to permit Company to make any necessary
additions, alterations or repairs to its Gas Facilities.
SECTION 4. REI,O� S•
4.1 Relocation of Gas Facilities in Public Ways. Company shall relocate its Gas
Facilities at its own expense in accordance with the requirements of Minnesota Rules, Part
7819.3100. The City shall endeavor to give Company reasonable Notice of plans for a City
project requiring relocation of Gas Facilities. Company relocation of Gas Facilities shall not be
construed as a waiver of Company's right to seek reimbursement of relocation cost consistent
with Minnesota Rules, Part 7819.3100. Nothing in this Ordinance requires Company to relocate,
remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal,
replacement or reconstruction is solely for the convenience of the City.
4.2 Relocation of Gas Facilities in Public Ground. City may require Company at
Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by
City that the Gas Facilities have become or will become a substantial impairment to the existing or
proposed public use of the Public Ground.
4.3 Projects with Federal Funding. City shall not order Company to remove or
relocate its Gas Facilities when a Public Way is vacated, improved or realigned because of a
renewal or a redevelopment plan, or for a right-of-way project or any other project which is
financially subsidized in whole or in part by the Federal Government or any agency thereof,
unless the reasonable non -betterment costs of such relocation are first paid to Company. The
City is obligated to pay Company only for those portions of its relocation costs for which City
has received federal funding specifically allocated for relocation costs in the amount requested by
the Company. Relocation, removal or rearrangement of any Company Gas Facilities made
necessary because of a federally -aided highway project shall be governed by the provisions of
Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights
herein granted to Company are valuable rights.
4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights
obtained by Company for installations within a Company right-of-way acquired by easement or
M
408686 RJ V MU210-164
prescriptive right before the applicable Public Ground or Public Way was established, or
Company's rights under state or county permit.
SECTION 5. TREE TRIMMING.
Company is also granted the permission and authority to trim all shrubs and trees, including
roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with
the proper construction, operation, repair and maintenance of Gas Facilities, provided that
Company shall save City harmless from any liability in the premises.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons or damage to properly
occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the
operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not
be indemnified for losses or claims occasioned through its own negligence except for losses or
claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection
of, Company's plans or work. The City shall not be indemnified if the injury or damage results
from the performance in a proper manner of acts reasonably deemed hazardous by Company, and
such performance is nevertheless ordered or directed by City after notice of Company's
determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the
City in such suit if written notice thereof is promptly given to Company within a period wherein
Company is not prejudiced by lack of such notice. If Company is required to indemnify and
defend, it will thereafter have control of such litigation, but Company may not settle such litigation
without the consent of the City, which consent shall not be unreasonably withheld. This section is
not, as to third parties, a waiver of any defense or immunity otherwise available to the City and
Company, in defending any action on behalf of the City shall be entitled to assert in any action
every defense or immunity that the City could assert in its own behalf.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation
of a Public Way. Except where required for a City improvement project, the vacation of any Public
Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to
operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the
loss and expense resulting from such relocation are first paid to Company. In no case, however,
shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota
Statutes, Section 160.29.
5
408686 RN MU210-164
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
During the term of this Ordinance, the City may at any time impose on Company a
franchise fee not to exceed four percent (4%) of the Company's gross revenues, as hereinafter
defined. Such fee shall be payable monthly based on the gross revenues of the Company during
the preceding month. The payment is due on the last business day of the month following the
month for which payment is to be made. Such fee shall be imposed by ordinance duly adopted in
accordance with the City Charter and City Code, and shall not become effective until at least
ninety (90) days after written notice thereof has been served upon the Company by registered
mail. The percent fee may be changed by the Council by ordinance from time to time, however,
the percentage must remain unchanged for at least one year. Such fee ordinance shall not prevent
the Company from adjusting its charges in such manner as it deems appropriate for the purpose
or reimbursing the Company for the payments to be made to the City, nor prevent the Company
from indicating on its bills the customer's portion of said fees. The term "gross revenues" means
all sums, excluding said surcharge, received by the Company from the sale of Gas within the
corporate limits of the City, subject to subsequent reconciliation for uncollectibles, refunds and
correction of erroneous billings. The City shall impose equivalent franchise fees on other energy
suppliers to the extent the City has such authority.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part and if any section, provision, or part shall be
held invalid, it shall not affect any other section, provision, or part. Where a provision of any
other City ordinance conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms
hereof, or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that the
amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be
amended at any time by the City passing a subsequent ordinance declaring the provisions of the
amendment, which amendatory ordinance shall become effective upon the filing of Company's
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408686 RJ V MTJ210-164
written consent thereto with the City Clerk within 90 days after the date of final passage by the
City of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED; PREVIOUS FEE ORDINANCE
CONTINUED.
This franchise replaces and supersedes Ordinance No. 518 and any other previous Gas
franchise granted to Company or its predecessor, and continues in full force and effect Ordinance
No. 873 establishing a franchise fee for year 2013
Read by City Council of the City of Mounds View this 28' day of January, 2013.
Read and Passed by the City Council of the City of Mounds View this 11th day of February,
2013.
Publication Date: February 21, 2013
Joe Flaherty, Mayor
Attest:
City Administrator, James Ericson
(SEAL)
7
408686 RN MU210-164
ORDINANCE SUMMARY
ORDINANCE NO. 875
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE GRANTING NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, DIBIA XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN
THE CITY OF MOUNDS VIEW, MINNESOTA, THE NECESSARY GAS PIPES, MAINS
AND APPURTTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS
TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS
INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND
PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING
CERTAIN TERMS AND CONDITIONS THEREOFAN ORDINANCE IMPLEMENTING A
FRANCHISE FEE ON XCEL ENERGY ELECTRIC AND NATURAL GAS
OPERATIONS WITHIN THE CITY OF MOUNDS
On February 11, 2013, the Mounds View City Council adopted an ordinance which
authorizes a franchise agreement with Northern States Power Company, A Minnesota
Corporation, d/b/a Xcel Energy natural gas operations within the City of Mounds View
for 20 years from the date of acceptance.
A copy of Ordinance 875 is on file and available for public viewing at the office of the
City Administrator. The ordinance is also posted in its entirety on the City's website,
located at www.ci.mounds-view.mn.us.
Jim Ericson, City Administrator
Item No: 7.B.
_ Meeting Date: January 28, 2013
MOT 7j�j� is q
vim Type of Business: Council Business
Administrator Review:
of Mounds View Staff
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Introduction, and First Reading of Ordinance 876, an
Ordinance Granting Northern States Power Company, a
Minnesota Corporation, d/b/a Xcel Energy, its Successors
and Assigns, a Franchise to Construct, Operate, Repair and
Maintain in the City of Mounds View, Minnesota, an Electric
Distribution System and Transmission Lines, Including
Necessary Poles, Lines, Fixtures and Appurtenances for the
Transmission or Distribution of Electric Energy to the City
and its Inhabitants and Others and to Use Public Grounds
and Public Ways of the City for Such Purposes; and
Prescribing Certain Terms and Conditions Thereof
Attached is an ordinance to receive an introduction and first reading. The public hearing was
opened on December 10" and continued to January 28th, 2013. The City Council should take
any additional comment and then close the public hearing. The second reading and adoption
will be held on Monday, February 11, 2013. This ordinance continues the franchise agreement
with Xcel Energy. Kennedy & Graven has been the lead during the renewal process and this
agreement is similar to the previous agreement. The changes from the previous franchise
agreement will be summarized and provided prior to the meeting by Kennedy & Graven.
Ordinances 517 and 518 passed on October 13, 1992 originally enacted the franchise
agreement. It provides that the City may impose a franchise fee of not more than 4% of Xcel's
gross operating revenues at any time during the 20 -year term of the franchise. The 20 -year
term ran from 1993 through December 21, 2012 and was mutually extended for 90 days. This
agreement will extend the franchise for 20 more years from the date of acceptance.
It has been the practice to include a sunset provision in the annual ordinance that requires it to
be re-enacted each year and this does not change with a new franchise. Staff would request
that a summary ordinance be published with the complete ordinance available on-line and at
City Hall.
Respectfully Submitted,
Mark Beer
ELECTRIC FRANCHISE ORDINANCE
ORDINANCE NO. 876
CITY OF MOUNDS VIEW, RAMSEY COUNTY, MINNESOTA
MINNESNORTHERN
OTA CORPORATION, D/B/A XCELES ENERGY,SUCCESSORS ITSWER N EASND
ASSIGNS, A FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN
THE CITY OF MOUNDS VIEW, MINNESOTA, AN ELECTRIC DISTRIBUTION
SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES,
FIAND APPURTENANCES, FOR THE TRANSMISSION OR DISTRIBUTION
FIXTURES ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND OTHERS AND
BLIC WAYS OF T
CITY FOR SUCH
TO USE THE PUBLIC GROUNDS
PURPOSES; AND PRESCRIBING CERTDAINITERMS AND COND TIONS THEREOF.
THE CITY COUNCIL OF THE CITY OF MOUNDS VIEW, RAMSEY COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Mounds View, County of Ramsey, State of Minnesota.
1.2 City Utility System. Facilities used for providing non -energy related public utility
service owned or operated by City or agency thereof, including sewer and water service, but
excluding facilities for providing heating, lighting or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency
or agencies, including an agency of the federal government, which preempts all, or part of the
authority to regulate Electric retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel
Energy, its successors and assigns.
1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys,
anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the
purpose of providing electric energy for public use.
1.6 Notice. A written notice served by one party on the other party. Notice to
Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5`h Floor, Minneapolis, MN
55401. Notice to the City shall be mailed to the City Administrator, City Hall, 2401
Highway 10, Mounds View, MN 55112. Either party may change its respective address for the
purpose of this Ordinance by written notice to the other party.
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416862 RJV MU210-164
1.7 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public.
1.8 Public Way. Any street, alley, walkway or other public right-of-way within the
City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date passed and approved by the City, the right to transmit and furnish electric energy for light, heat,
power and other purposes for public and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future. For these purposes, Company may
construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public
Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all
reasonable things necessary or customary to accomplish these purposes, subject, however, to such
reasonable regulations as may be imposed by the City pursuant to ordinance and to the further
provisions of this franchise.
2.2 Effective Date; Written Acceptance. This Ordinance shall be in full force and
effect from and after passage of this Ordinance, its acceptance by Company, and its publication
as required by law. The City by Council resolution may revoke this franchise if Company does
not file a written acceptance with the City within 90 days after passage.
2.3 Service and Rates. The service to be provided and the rates to be charged by
Company for electric service in City are subject to the jurisdiction of the Commission.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by
City and reimbursed to City by Company.
2.5 Dispute Resolution. If either parry asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute
is not resolved within 30 days of the written notice, the parties may jointly select a mediator to
facilitate further discussion. The parties will equally share the fees and expenses of this mediator.
If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first
meeting with the selected mediator, either party may commence an action in District Court to
interpret and enforce this franchise or for such other relief as may be permitted by law or equity for
breach of contract, or either party may take any other action permitted by law.
SECTION 3. LOCATION OTHER REGULATIONS.
3.1 Location of Facilities. Electric Facilities shall be located, constructed and
maintained so as not to interfere with the safety and convenience of ordinary travel along and over
Public Ways and so as not to disrupt normal operation of any City Utility System previously
installed therein. Electric Facilities shall be located on Public Grounds as determined by the City.
2
416862 RI V MU210-164
Company's construction, reconstruction, operation, repair, maintenance and location of Electric
Facilities shall be subject to permits if required by separate ordinance and to other reasonable
regulations of the City to the extent not inconsistent with the terms of this Ordinance. Company
may abandon underground Electric Facilities in place, provided, at City's request, Company will
remove abandoned metal or concrete encased conduit interfering with a City improvement project,
but only to the extent such conduit is uncovered by excavation as part of the City's improvement
project.
3.2 Field Locations. Company shall provide field locations for its underground Electric
Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. In
addition, subject to the Homeland Security act or other applicable laws, the Company must
prompy provide mapping information for any of its round
accordance with City Code, Chapter 910, and Minnesota Rule Parts Electric
7819.4000 and 781914100. in
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a separate
ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on
Company shall not be more burdensome than those imposed on other utilities for similar facilities
or work. Company may, however, open and disturb any Public Ground or Public Way without
permission from the City where an emergency exists requiring the immediate repair of Electric
Facilities. In such event Company shall notify the City by telephone to the office designated by the
City as soon as practicable. Not later than the second working day thereafter, Company shall obtain
any required permits and pay any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public
Ground or Public Way, Company shall restore the same, including paving and its foundation, to as
good a condition as for existed, and shall maintain any paved surface in good condition for
two years thereafter. The work shall be completed as promptly as weather permits, and if Company
shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and
material, and put the Public Ground or Public Way in the said condition, the City shall have, after
demand to Company to cure and the passage of a reasonable period of time following the demand,
but not to exceed five days, the right to make the restoration at the expense of Company. Company
shall, upon demand, pay to the City the cost of such work done for or performed by the City. This
remedy shall be in addition to any other remedy available to the City for noncompliance with this
Section 3.4, but the City hereby waives any requirement for Company to post a construction
performance bond, certificate of insurance, letter of credit or any other form of security or
assurance that may be required, under a separate existing or future ordinance of the City, of a
person or entity obtaining the City's permission to install, replace or maintain facilities in a
Public Way.
3.5 Avoid Damaee to Electric Facilities. Nothing in this Ordinance relieves any person,
including Company, from liability arising out of the failure to exercise reasonable care to avoid
damaging the Electric Facilities, or any other persons or property, while performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans
for improvements to Public Grounds or Public Ways where the City has reason to believe that
3
416862 RJV MU210464
Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the
nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will
start the work, and (v) if more than one Public Ground or Public Way is involved, the order in
which the work is to proceed. The notice must be given to Company a sufficient length of time in
advance of the actual commencement of the work to permit Company to make any necessary
additions, alterations or repairs to its Electric Facilities.
3.7 Shared Used of Poles. Company shall make space available on its poles or towers
for City fire, water utility, police or other City facilities upon terms and conditions acceptable to
Company whenever such use will not interfere with the use of such poles or towers by Company or
by another utility. In addition, the City shall pay for any added cost incurred by Company because
of such use by City.
SECTION 4. RELOCATIONS.
4.1 Relocation of Electric Facilities in Public Ways. Company shall relocate its
Electric Facilities at its own expense in accordance with the requirements of Minnesota Rules,
Part 7819.3100. The City shall endeavor to give Company reasonable Notice of plans for a City
project requiring relocation of Electric Facilities. Company relocation of Electric Facilities shall
not be construed as a waiver of Company's right to seek reimbursement of relocation cost
consistent with Minnesota Rules, Part 7819.3100. Nothing in this Ordinance requires Company to
relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such
relocation, removal, replacement or reconstruction is solely for the convenience of the City.
4.2 Relocation of Electric Facilities in Public Ground. City may require Company at
Company's expense to relocate or remove its Electric Facilities from Public Ground upon a fording
by City that the Electric Facilities have become or will become a substantial impairment to the
existing or proposed public use of the Public Ground.
4.3 Projects with Federal Funding. City shall not order Company to remove or
relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a
renewal or a redevelopment plan, or for a right-of-way project or any other project which is
financially subsidized in whole or in part by the Federal Govermnent or any agency thereof,
unless the reasonable non -betterment costs of such relocation are first paid to Company. The
City is obligated to pay Company only for those portions of its relocation costs for which City
has received federal funding specifically allocated for relocation costs in the amount requested by
the Company. Relocation, removal or rearrangement of any Company Electric Facilities made
necessary because of a federally -aided highway project shall be governed by the provisions of
Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights
herein granted to Company are valuable rights.
4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights
obtained by Company for installations within a Company right-of-way acquired by easement or
0
416862 RJV MU210-164
prescriptive right before the applicable Public
Company's rights under state or county permit.
SECTION 5. TREE TRIMMING.
Ground or Public Way was established, or
Company is also granted the permission and authority to trim all shrubs and trees, including
roots, in the Public Ways of City to the extent Company finds necessary to avoid interferencd that
with
the proper construction, operation, repair and maintenance of Electric Facilities, provide
Company shall save City harmless from any liability in the premises.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and
from any and all liability on account
ount of injury to persons or damage to property
occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the
operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall
not be indemnified for losses or claims occasioned through its own negligence except for losses or
claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection
of, Company's plans or work. The City shall not be indemnified if the injury or damage results
from the performance in a proper manner of acts reasonably deemed hazardous by Company, and
such performance is nevertheless ordered or directed by City after notice of Company's
determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the
City in such suit if written notice thereof is promptly given to Company within a period wherein
Company is not prejudiced by lack of such notice. If Company is required to indemnify and
defend, it will thereafter have control of such litigation, but Company may not settle such litigation
without the consent of the City, which consent shall not be unreasonably withheld. This section is
not, as to third parties, a waiver of any defense or immunity otherwise available to the City and
Company, in defending any action on behalf of the City shall be entitled to assert in any action
every defense or immunity that the City could assert in its own behalf.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation
of a Public Way. Except where required for a City improvement project, the vacation of any Public
Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to
operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and
the loss and expense resulting from such relocation are first paid to Company. In no case, however,
shall City be liable to Company for failure to specifically preserve a right -of --way under Minnesota
Statutes, Section 160.29.
5
416862 RJ V MU210-164
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
During the term of this Ordinance, the City may at any time impose on Company a
franchise fee not to exceed four percent (4%) of the Company's gross revenues, as hereinafter
defined. Such fee shall be payable monthly based on the gross revenues of the Company during
the preceding month. The payment is due on the last business day of the month following the
month for which payment is to be made. Such fee shall be imposed by ordinance duly adopted in
accordance with the City Charter and City Code, and shall not become effective until at least
ninety (90) days after written notice thereof has been served upon the Company by registered
mail. The percent fee may be changed by the Council by ordinance from time to time, however,
the percentage must remain unchanged for at least one year. Such fee ordinance shall not prevent
the Company from adjusting its charges in such manner as it deems appropriate for the purpose
or reimbursing the Company for the payments to be made to the City, nor prevent the Company
from indicating on its bills the customer's portion of said fees. The term "gross revenues" means
all sums, excluding said surcharge, received by the Company from the sale of Electric within the
corporate limits of the City, subject to subsequent reconciliation for uncollectibles, refunds and
correction of erroneous billings. The City shall impose equivalent franchise fees on other energy
suppliers to the extent the City has such authority.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part and if any section, provision, or part shall be
held invalid, it shall not affect any other section, provision, or part. Where a provision of any
other City ordinance conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms
hereof, or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that the
amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be
amended at any time by the City passing a subsequent ordinance declaring the provisions of the
amendment, which amendatory ordinance shall become effective upon the filing of Company's
6
416862 R1V MU210-164
written consent thereto with the City Clerk within 90 days after the date of final passage by the
City of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED• PREVIOUS FEE ORDINANCE
CONTINUED.
This franchise replaces and supersedes Ordinance No. 517 and any other previous Electric
franchise granted to Company or its predecessor, and continues in full force and effect Ordinance
No. 873 establishing a franchise fee for year 2013
Read by City Council of the City of Mounds View this 28`h day of January, 2013.
Read and Passed by the City Council of the City of Mounds View this 11`h day of February,
2013.
Publication Date: February 21, 2013
Joe Flaherty, Mayor
Attest:
City Administrator, James Ericson
(SEAL)
416862 RJV MU210-164
ORDINANCE SUMMARY
ORDINANCE NO. 876
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE GRANTING NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN
THE CITY OF MOUNDS VIEW, MINNESOTA, AN ELECTRIC DISTRIBUTION
SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES,
FIXTURES AND APPURTTENANCES FOR THE TRANSMISSION OR
DISTRIBUTION OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND
OTHERS AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY
FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS
THEREOF
On February 11, 2013, the Mounds View City Council adopted an ordinance which
authorizes a franchise agreement with Northern States Power Company, A Minnesota
Corporation, d/b/a Xcel Energy Electric Energy operations within the City of Mounds
View for 20 years from the date of acceptance.
A copy of Ordinance 876 is on file and available for public viewing at the office of the
City Administrator. The ordinance is also posted in its entirety on the City's website,
located at www.ci.mounds-view.mn.us.
Jim Ericson, City Administrator
Item No: 07C
7�T Meeting Date: Jan 28, 2013
M�LJIVDS VIEW Type of Business: PH & CB
City of Mounds view Staff Report
NEW -
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: First Reading and Introduction of Ordinance 878, an
Ordinance Amending Section 4.02 , Subd. 1, of the Mounds
View City Charter Pertaining to Filing for Office
Introduction:
Last year staff alerted the Charter Commission that the language in Section 4.02 of the
City Charter was no longer consistent with MN Statutes regarding the time frame for filing
for public office. Staff requested the Charter Commission review the section in question
and prepare an amendment to resolve the inconsistency.
Discussion:
The Charter Commission reviewed and considered a proposed amendment to Section 4.02
at their meeting on January 9, 2013. After some discussion, the Commission approved the
attached Resolution 2013-02. The amended language is easier to understand and will
remain consistent with MN Statutes even if the specific requirements may change again in
the future.
Recommendation:
Staff reviewed the proposed amendment and is supportive. A public hearing notice was
published in the Jan 17, 2013 edition of the Sun Focus as required by law. The second
reading of the Ordinance will occur on February 11, 2013 and will be effective 90 days after
publication in the official City newspaper.
Respectfully submitted,
J
James Ericson
City Administrator
Attachments:
1. Charter Commission Resolution 2013-02
2. Ordinance 878
Clair
Jonathan J Thomas
763-784-5205
Vice Chair
Jason R Reiling
763-923-3775
2v° Vice Chair
Jim Battin
763-780-9298
Secretory
Brian Amundsen
763-786-5699
James Miller
763-434-4886
Jean Miller
763-786-3959
Bill Doty
1763-786-3421
Resolution No. 2013-02
Mounds View Charter Commission
Proposed: Jan 9, 2013
Whereas, the Mounds View Charter Commission has reviewed the requests for
updates to Section 4.02 of the Mounds View Charter that are deemed necessary for
compliance with Minnesota Statute 205.13 Subd. la, regarding the filing period(s)
allowed for candidates seeking a city office.
Therefore, the Mounds View Charter Commission acting under Minnesota Statute
410.12 Subdivision 7, recommends the following amendments by the addition of the
blue and double underlined language and by the deletion of the Red and StFqGI(8R
laRquage. The Mounds View Charter Commission requests the City Council adopt
this resolution by ordinance by the required unanimous vote.
Section 4.02. Filing for Office.
Subdivision 1. Pursuant to Minnesota Statute 205.13, subd. 1 a, as amended, fie
earlier than seventy days nor later than fifty six days before any rnUniGipal 9leGtiGR,
an affidavit of candidacy for a city office must be filed within the time frame specified
and in accordance with the Statute with the exception that the fee portion of the
Statute shall be superseded by the following: aAny resident of the City qualified
under state law for elective office may, by filing an affidavit and by paying a filing fee
of $20 or by filing a petition in compliance with MN Statute 205.13, subd. 4, as
amended, to the City Administrator, have their name placed on the municipal
election ballot.
Proposed, Jan 9, 2013
Respectfully submitted,
Brian Amundsen, Chair
Jonathan J Thomas, Secretary
ORDINANCE NO. 878
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE AMENDING SECTION 4.02, SUBDIVISION 1, OF THE MOUNDS VIEW
CITY CHARTER, RELATING TO "FILING FOR OFFICE"
THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN:
SECTION 1. The City Council of the City of Mounds View, pursuant to the
recommendation of the City of Mounds View Charter Commission in Resolution 2013-02,
does hereby determine that an amendment to Section 4.02, Subd 1, of the Mounds View
City Charter relating to "Filing for Office" is warranted.
SECTION 2. The City Council of the City of Mounds View does hereby approve
amendments to said Section 4.02, Subd. 1, of the City Charter, with additions underlined
and deletions stricken as follows:
Section 4.02. Filing for Office.
Subdivision 1. Pursuant to Minnesota Statute 205.13, subd. 1a, as amended,
eleef „ an affidavit of candidacy for a city office must be filed within the time
frame specified and in accordance with the Statute with the exception that
the fee portion of the Statute shall be superseded by the following: Any any
resident of the City qualified under state lawfor elective office may, by filing
an affidavit and by paying a filing fee of $20 or by filing a petition in
compliance with MN Statute 205.13, subd. 4, as amended, to the City
Administrator, have their name placed on the municipal election ballot.
SECTION 3. This ordinance shall take effect ninety days after the date of its publication.
First Reading and Introduction: January 28 2013
Second Reading and Adoption: February 11, 2013
Publication Date: February 21, 2013
Effective Date: May 12, 2013
Adopted this 11th day of February, 2013.
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(seal)
MOurms ViEw
of Mounds View Staff
Item No: 07D
Meeting Date: January 28, 2013
Type of Business: Ca
Administrator Review:
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Second Reading of Ordinance 877, an Ordinance Amending
Chapter 405 of the Mounds View City Code to Increase the
Size of the Parks, Recreation and Forestry Commission from
Seven to Nine Members (Roll Call Vote)
Background:
The City Council directed Staff at the December 10, 2012, City Council Meeting to increase
the members from seven to nine on the Parks, Recreation and Forestry Commission. This
was also recommended by the Parks, Recreation and Forestry Commission.
Discussion:
Attached is Ordinance 877, which amends Section 405.02 of the Mounds View City Code to
allow nine members to be appointed to the Parks, Recreation and Forestry Commission.
Changes to this section are highlighted in red and blue.
405.02: MEMBERSHIP; OATH; COMPENSATION:
Subd. 1. Appointment of Members: The Commission shall consist of seven4(7-) nine 9
members appointed by the City Council and based on the recommendation of the
Parks and Recreation Commission, from the applications submitted. Based upon the
recommendation of the Parks and Recreation Commission, the City Council shall
appoint a chairperson. (1988 Code §34.02; Ord. 627, 2-8-99; Ord. 707, 10-28-02;
Ord. 714, 5-12-03; Ord. 741, 6-28-04)
A first reading of the ordinance took place at the January 14, 2013, City Council Meeting
Recommendation:
Staff recommends adoption of Ordinance 877. Staff will publish a summary of Ordinance
877 in the City's official newspaper.
R
ectfully submitted,
7z� �axc
Desaree Crane
ORDINANCE 877
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 405 OF THE CITY CODE TO INCREASE
APPOINTMENT OF MEMBERS FROM SEVEN TO NINE ON THE
PARKS, RECREATION, AND FORESTRY COMMISSION
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 405.02,
subd 1, of the Mounds View City Code pertaining to "Appointment of Members" by deleting
the stk-ken language and adding the underlined text as follows:
405.02: MEMBERSHIP; OATH; COMPENSATION:
Subd. 1. Appointment of Members: The Commission shall consist of nine (9 )
members appointed by the City Council and based on the recommendation of the
Parks and Recreation Commission, from the applications submitted. Based upon the
recommendation of the Parks and Recreation Commission, the City Council shall
appoint a chairperson. (1988 Code §34.02; Ord. 627, 2-8-99; Ord. 707, 10-28-02;
Ord. 714, 5-12-03; Ord. 741, 6-28-04)
SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On January 28, 2013, the City Council adopted Ordinance 877 that amends Chapter 405.02,
subd. 1, of the Mounds View City Code to increase appointment of members from seven to
nine on the Parks, Recreation and Forestry Commission. A printed copy of the ordinance is
available to view during regular business hours at Mounds View City Hall and is available on
line at the City's web site located at www.ci.mounds-view.mn.us.
SECTION 3. This ordinance takes effect 30 days after its publication in the official City
newspaper.
INTRODUCTION AND FIRST READING by the Mounds View City Council this 14th day of
January, 2013.
SECOND READING AND ADOPTION by the Mounds View City Council this 28th day of
January, 2013.
PUBLICATION DATE: February 7, 2013.
Ordinance 877
Page 2
Adopted this 28th day of January, 2013.
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(seal)
M0j1vnS VIEW
City of Mounds View Staff Report
Item No: 07E
Meeting Date: January 28 2013
Type of Business: CB
Administrator Review:
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 8050, Appointing Daniel Larson to the Streets and
Utilities Advisory Committee
Background:
The Streets and Utilities Advisory Committee is a seven (7) member committee established in
2008. The Committee advises and provides recommendations to the City Council on non-
standard street design and financing issues encountered, reviews stormwater infiltration basin
appeals, and evaluates any public comment associated with non-standard streets, stormwater
appeals, implemented policies, or the Program in general. The Committee's purpose will be
fulfilled upon completion of the Streets and Utilities Improvement Program at which time the
Committee will be disbanded.
Discussion:
Currently, this Committee has five (5) members and two (2) vacant seats. On January 9, 2013,
Daniel Larson submitted his application for this Committee. If the City Council approves Mr.
Larson's appointment, then this Committee will continue to have one (1) vacant seat. Attached
is Mr. Larson's application for your review.
Recommendation:
It is recommended that the City Council consider Daniel Larson's application and approve his
appointment to the Streets and Utilities Advisory Committee with a term expiration date of
December 31, 2015.
Respectfully submitted,
Desaree Crane
RESOLUTION NO. 8050
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPOINTING DANIEL LARSON TO THE
STREETS AND UTILITIES ADVISORY COMMITTEE
WHEREAS, Mounds View Board, Commission and Committees consist of members
appointed by the City Council; and
WHEREAS; the Streets and Utilities Advisory Committee is a seven (7) member
committee established in 2008; and
WHEREAS, the Streets and Utilities Advisory Committee currently has five (5)
members and two (2) vacant seats; and
WHEREAS, Staff received one (1) application for the Streets and Utilities Advisory
Committee, and therefore, this Committee will continue to have one (1) vacant seat; and
WHEREAS, the Mounds View City Council reviewed Daniel Larson's application to
serve on this Committee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Mounds View, Ramsey
County, Minnesota, hereby approves Daniel Larsen to serve on the Streets and Utilities
Advisory Committee with a term expiration date of December 31, 2015.
Adopted this 28th day of January, 2013.
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(seal)
iii 1.i_.
MOUND
City of Mounds View
2401 Highway 10
Mounds View, MN 55112
(763)717-4000
APPLICATION FOR THE STREETS AND UTILITIES ADVISORY COMMITTEE
Full Name (print) �pn t� �i < ()n
Home Phone 763- 7 SO - B 8�Q Work/Cell
do
Years at this address / 6 Years you have lived in Mounds View 23
Email
QUALIFICATIONS YOU WANT TO HAVE THE MAYOR AND CITY COUNCIL TO
CONSIDER
Skills and Interests O u -Noor oc ili�P,he5� G QPLIA
Employment, Occupation or other
Memberships, Accomplishments or other qualifications
Please state your reason(s) for wanting to serve with this group
NOTE: Your response to any of the above inquiries may be continued on the back of this form.
Please attach any addition material you may want the Mayor and Council to consider.
The City of Mounds View is committed to the policy that all persons shall have access to its programs, facilities and
employment without regard of race, creed, color, sex, age, national origin or handicap.
Motn�s VIEW
City of Mounds View Staff
Item No: 07F
Meeting Date: January 28 2013
Type of Business: CB
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Resolution 8049, Approving Revisions to the Housing and
Code Enforcement Inspector / Fire Marshal Job Description
and Authorizing a Wage and Step Assignment for Jeremiah
Anderson
Background:
As a result of the resignation of the previous Fire Marshal, the City Council appointed
Housing and Code Enforcement Inspector Jeremiah Anderson to assume the fire
marshal responsibilities and at the same time approved a five percent (5%) temporary
wage increase to account for the additional duties. It was indicated at the May 14, 2012
Council meeting that the City Council would need to revisit the temporary wage
adjustment and duties sometime after six month's time to confirm Mr. Anderson was
adequately handling the additional duties assigned and to allow for a review of the
responsibilities by an outside consultant to make a determination on appropriate wages.
Mr. Anderson has satisfactorily performed the existing assigned duties along with the
additional fire marshal responsibilities, and a compensation audit has been completed
for the uniquely blended position.
Discussion:
Staff asked Springsted, Inc. representative Sharon Klumpp to conduct a job evaluation
of the newly created position and make a determination on an appropriate wage. (The
Springsted report is attached for the Council's review.) While an attempt was made to
examine comparable cities for positions of similar responsibility, the Mounds View
position is truly unique and thus comparables were unavailable. Springsted then
examined the additional duties from a comprehensive perspective, analyzing how much
time was spent on the various aspects of the blended position and it was determined
that the responsibilities and required skill set was most closely aligned to the City's
"building inspector" position which is assigned 262 HAY Points. The pay scale for the
building inspector position is as follows:
With the additional compensation approved by the City Council on May 14, 2012, Mr.
Anderson presently earns $26.31 per hour. Springsted recommends Mr. Anderson be
reassigned to Step 4 of the Building Inspector pay range. Staff concurs, and
recommends a wage adjustment to Step 5 one year thereafter consistent with the
Personnel Manual.
Item 07F
January 28, 2013 City Council Meeting
Page 2
Staff further recommends that the Job Description for the position of Housing and Code
Enforcement Inspector be revised to include reference to the additional duties of Fire
Marshal that had been temporarily assigned to Mr. Anderson, as shown on Exhibit A,
attached for Council review and consideration.
Recommendation:
Staff recommends approving Resolution 8049, a resolution authorizing a step and wage
reassignment, a HAY Point revision and an amendment to the Job Description of
Housing and Code Enforcement inspector to include Fire Marshal duties.
Respectfully submitted,
G vvv--(A �( �✓
James Ericson, City Administrator
Attachments:
1. Springsted memo
2. Job Description
3. Resolution 8049
Springsted
MEMORANDUM
TO: Jim Ericson, City Administrator
FROM: Sharon Klumpp
DATE: December 7, 2012
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101-2887
Tel: 651-223-3000
Fax: 651-2233002
www.springsted.com
SUBJECT: Audit of Housing/Code Enforcement Inspector & Fire Marshal/Firefighter
Springsted was asked to conduct an audit of the Housing/Code Enforcement Inspector & Fire Marshal/Fire Inspector
position. As part of this audit, we reviewed the position description developed by the City and a Position Analysis
Questionnaire completed by Jeremiah Anderson and conducted a telephone interview with Mr. Anderson. The
primary change in the job description is to incorporate fire inspections on residential, commercial and industrial
properties. In addition the position performs plan reviews on new construction and handles various fire prevention
services and provides work direction to a Public Service Officer.
The duties of housing/code inspector intertwine with those of fire inspector, allowing Mr. Anderson to conduct
inspections as needed to ensure compliance with the City's housing and fire codes as well as other nuisance codes.
For that reason it is difficult to determine how much time is devoted to enforcement of the City's various codes.
Hay job evaluation points for this position were established at 249 in 2008; the position was set at the environmental
inspector benchmark for a small city, or at 249 points. With the addition of fire inspection duties, the position is now
involved in plan reviews and must demonstrate a broader knowledge of codes. Hay job evaluation benchmarks for
fire inspector and fire marshal do not exist. Therefore, we looked for other positions with similar duties and found the
building inspector position which has a benchmark of 262 points. Although the position has some firefighting
responsibilities, we see those duties as more or less incidental to the position and therefore have not considered the
Hay model benchmark of 230 for a firefighter position.
We also reviewed salary data for housing/code enforcement inspectors and for fire marshals utilizing the 2012 LMC
database. The results appear on the next page. Please note that the community data for fire marshals comes from
larger cities as many cities with a population similar to Mounds View do not have a fire marshal.
Public Sector Advisors
Page 2
The average midpoint salary for housing/code enforcement inspectors is $51,568.56.
* Taken from a recent job advertisement
The average midpoint salary for fire marshals/inspectors is $60,786.36. The LMC salary database also reported a
salary range for the Mounds View position of building official/fire marshal with a pay range of $55,933.60 to
$67,912.00, and a midpoint of $61,922.80. We did not include Mounds View information in our review of the fire
marshal salaries.
Since the position has some similarities to the building inspector position, we also reviewed the LMC salary database
to identify the average 2012 salary range for building inspectors in metro communities with 10,000 -- 25,000. The
average range minimum and maximum are $51,149.62 and $64,330.18, respectively with a midpoint of $57,739.90.
The actual average salary is $63,756.27. This compares to Mounds View's salary range for a building inspector
which has a minimum salary of $46,725.12 and a maximum salary of $58,406.40.
Page 3
A recap of the LMC salaries is provided below:
Fire marshal salaries correspond to a job description that includes the following duties: administers the fire code,
may be involved in fire investigations, especially arson in commercial properties; coordinates fire inspections with
governing agencies and insurance of special permits; provides plan review of suppression and detection systems.
While the Mounds View position includes some of these responsibilities, it is only a portion of the job. A position that
is primarily responsible for fire inspections would provide a better comparison; for that reason we direct your attention
to the State of Minnesota salary for deputy fire marshals.
Establishing salaries includes consideration of market data as well as internal pay relationships. The City's pay
ranges for the housing inspector and building inspector positions appear to be below market. Based on our review of
the data, we recommend that the Housing/Code Inspector & Fire Marshal/Firefighter position be assigned 262 Hay
job points reflecting this position's similarity to the building inspector position. Because the current pay plan
designates a pay range for building inspector, we recommend assigning the Housing/Code Inspector & Fire
Marshal/Firefighter position to the same pay grade as the building inspector, with a minimum salary range of
$46,725,12 and a maximum salary range of $58,406.40. Mr. Anderson's PAQ indicates that he is at the top step of
the pay grade for the housing/code enforcement inspector. We would recommend his placement at Step 4 of the
range for the building inspector.
Ave Min
Ave Mdpt
Ave Max
$53,368.55
$60,786.36
$68,204.18
or
EIns
$51,149.62
$57,739.90
$64,330.18
shal
$43,222.00
$53,400.00
$63,580.00
or
$45,829.42
$51,568.56
$57,307.69
Fire marshal salaries correspond to a job description that includes the following duties: administers the fire code,
may be involved in fire investigations, especially arson in commercial properties; coordinates fire inspections with
governing agencies and insurance of special permits; provides plan review of suppression and detection systems.
While the Mounds View position includes some of these responsibilities, it is only a portion of the job. A position that
is primarily responsible for fire inspections would provide a better comparison; for that reason we direct your attention
to the State of Minnesota salary for deputy fire marshals.
Establishing salaries includes consideration of market data as well as internal pay relationships. The City's pay
ranges for the housing inspector and building inspector positions appear to be below market. Based on our review of
the data, we recommend that the Housing/Code Inspector & Fire Marshal/Firefighter position be assigned 262 Hay
job points reflecting this position's similarity to the building inspector position. Because the current pay plan
designates a pay range for building inspector, we recommend assigning the Housing/Code Inspector & Fire
Marshal/Firefighter position to the same pay grade as the building inspector, with a minimum salary range of
$46,725,12 and a maximum salary range of $58,406.40. Mr. Anderson's PAQ indicates that he is at the top step of
the pay grade for the housing/code enforcement inspector. We would recommend his placement at Step 4 of the
range for the building inspector.
POSITION DESCRIPTION
Position Title: Housing/Code Enforcement Inspector/Fire Marshal/Fire
Fighter
Department: Community Development
Accountable To: Community Development Director
FLSA Status: Full Time, Non -Exempt
PRIMARY OBJECTIVE OF THE POSITION
Performs a variety of administrative and technical work in conducting inspections
to ensure compliance with the City's housing, nuisance, zoning, and other codes.
Perform comprehensive fire inspections on residential commercial and industrial
properties to ensure compliance with existing city and state codes and policies
qoverninq new construction and existing structures. a forms -fife �.
Sade. Responds to emergency calls as a firefighter.
SUPERVISION RECEIVED
Works under the general guidance and direction of the Community Development
Director.
SUPERVISION EXERCISED
None.
ESSENTIAL DUTIES AND RESPONSIBILITIES
Housing Inspections
• Administers the rental inspection program, including conducting annual
inspections of multiple swelling units and inspection of Section 8 units for
the Metropolitan Housing and Redevelopment Authority. Prepares letters,
inspection reports and court orders as needed, any may appear in court to
testify.
• Conducts inventory and an evaluation of the housing stock and
neighborhood condition.
• Investigates citizen complaints and conducts housing inspections related
to the City's housing maintenance ordinance and the state fire code.
• Works closely with outside administration of housing programs designed
to rehabilitate, maintain, and upgrade the City's housing stock and deal
with the issues of housing conditions affecting single family, multiple
family, and manufactured housing.
• Prepares ordinances which address housing issues including housing
maintenance and inspection.
Code Enforcement
Administers the City's code enforcement program by investigating
complaints of code violations, preparing letters, notices and report,
maintaining files, advising property owners of code requirements and
enforcement procedures, and obtaining compliance. The code
enforcement process may involve court proceedings and the preparation
of evidence.
Identifies inconsistencies in code provisions and recommends code
revisions. Prepares code revisions as assigned.
Works with residents to heighten awareness of various code ordinances.
Fire Marshal
• Conducts Plan review on new construction.
• Performs or supervises annual site inspections on existing commercial,
industrial multi occupancy residential for fire code compliance.
• Inspects or supervises inspections of new businesses and industrial
operations when changes of occupancy occur in a building.
• Conducts fire prevention education as time permits to ensure public an
building owner awareness about fire safet and conformance with fire
safety codes.
Fire Fighting
• Responds to fire calls
• Responds to emergency medical calls
alarms to determine cause and applicable safety measures.
• Conducts post fire inspection to determine structural ante rit .
• Follow up on false alarm calls in an effort to prevent future calls.
Property Managers Coalition
Acts as the staff liaison for the Property Managers Coalition, including
preparing monthly newsletters and meeting minutes.
•
Fire Inspections
• Assists with investigations of all fires in the City to determine cause and
origin. Prepares comprehensive reports on fire incidents required by the
State or Fire Chief.
PERIPHERAL DUTIES
Performs research and prepares written and oral reports, and other
assignments, as directed.
• Establishes and maintains working files.
• Informs the Community Development Director of any inspection related
activities that require immediate attention or action.
• Consults with the City Attorney, as necessary, to review and evaluate
appropriate legal remedies to gain compliance with codes and ordinances.
KNOWLEDGE, SKILLS AND ABILITIES
• Knowledge of practices, principles, and techniques of effective code
enforcement/fire prevention principles.
• Knowledge of the practices and principles of fire suppression and medical
emergency rescue.
• Knowledge of the geography of the City and location of hydrants, building
and special areas requiring special pre -fire control planning, inspection
and special fire fighting techniques.
• Knowledge of the state fire code, state laws and local authorities as they
apply to the position.
• Skill in public presentations and negotiation skills.
MINIMUM QUALIFICATIONS
Education and Experience
® Two 2 ears of ost-seconds education with course work in fire
science and /or two (2) years experience in the fire prevention field.
® Certification e uivalent to Minnesota State Fire Service Certification of
Fire Inspector II
® Certification as a Firefighter I First Responder and member of the Spring
Lake Park Blaine Mounds view Fire Department.
1 year of Housing Inspections and/or experience.
DESIRED QUALIFICATIONS
• Knowledge of housing inspection programs and practices.
• General knowledge of housing codes.
• Ability to communicate clearly and effective• ly, both orally and in writing.
Ability to work well with the public and with local contractors
• Ability to read and understand complicated plans and blueprints.
SPECIAL REQUIREMENTS
A state driver's license or ability to obtain one by start of employment.
TOOLS AND EQUIPMENT USED
Personal computer, including word processing, spreadsheet and permitting
software; photocopier, motor vehicle, calculator, portable radio.
PHYSICAL DEMANDS
The physical demand 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 both outdoors and in office settings. Some outdoor work is
required in the inspection of various housing developments, construction sites
and other properties. 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 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 or crawl; speak or hear.
The employee must occasionally lift and/or move up to 10 pounds. Specific
vision abilities required by this job include close vision, distance vision, peripheral
vision, depth perception, and the ability to focus.
WORK ENVIRONMENT
The work environment characteristics described here are representatives of
those an employee encounters while performing the essential functions of this
job. Reasonable accommodations may be made to enable individuals with
disabilities to perform the essential functions.
While performing the duties of this job, the employee frequently 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, or risk of electrical shock.
The noise level in the work environment is usually quiet in the office, and
moderate to loud in the field.
SELECTION GUIDELINES
Formal application, rating of education and experience, oral interview and
reference check; job related test may be required.
The duties listed herein are intended only as illustrations of the various types of
work that may be performed. The omission of specific statement of duties does
not exclude them from the position if the work is similar, related or 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.
Effective Date: January 28, 2013
Revision History: 01/28/2013 (Res 8049)
03/07/2012 (revised as nonunion position—effective Dec 31, 2011)
RESOLUTION 8049
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING A WAGE AND STEP REASSIGNMENT, HAY POINT
REVI ORCEMENT IN PECTOR TO INCDE UDEDESCRIPTION
OAODE
OFF RE MARSH
EN
WHEREAS, on May 14, 2012, the City Council appointed Jeremiah Anderson to serve
as the City's Fire Marshal and authorized an additional 5% compensation per City policy for
employees serving in an interim capacity taking on higher classification duties; and
WHEREAS, Jeremiah Anderson's performance while serving in the dual capacity of
rshal has been
the City Administrator, whoEnforcement recommendsInspector tl hedure ties be assigned on rated permanensatisfactory t bass; ands by
WHEREAS, Springsted, Inc., conducted a Job Audit for the blended position and
recommends the HAY points for the combined Housing/Code Enforcement Inspector and Fire
Marshal increase to 262; and,
WHEREAS, the City Administrator recommends that Mr. Anderson be assigned to Step
4 of the following wage progression scale effective January 1, 2013, with an increase to Step 5
in one year:
WHEREAS, as a result of combining the Fire Marshal responsibilities with the duties of
the Housing/Code Enforcement Inspector position, the Job Description needs to be updated
accordingly.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby
authorize the following:
1. The blended position of Housing/Code Enforcement Inspector and Fire Marshal shall
be assigned Hay Points of 262.
2. Jeremiah Anderson shall be appointed to the position of Housing/Code Enforcement
Inspector and Fire Marshal at Step 4 of the wage scale indicated herein effective
January 1, 2013, with an increase to Step 5 on January 1, 2014.
3. The proposed amendments to the Job Description for the position of Housing/Code
Enforcement Inspector and Fire Marshal are hereby approved.
Adopted this 28th day of January, 2013.
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(seal)
1
of Mounds View Staff
Item No: 8A
Meeting Date: January 28, 2013
Type of Business: Consent Agenda
Administrator Review: _
To: Honorable Mayor and City Council
From: Thomas Kinney, Chief of Police
Item Title/Subject: Resolution 8047 for Authorization to Repair Damaged
Squad Cars
Introduction:
On January 11, 2013, two Mounds View Police squad cars sustained damage in two
separate motor vehicle accidents.
At 0545am, Mounds View officers responded to a multi -vehicle accident in the area of
County Road I and Silver Lake Rd. Due to some freezing rain conditions, the roadway
was extremely icy and while approaching the crash site, squad 131 slid into two of the
vehicles resulting in moderate damage to the left front and side areas of the squad car.
At 0643am, in the area of Mounds View Dr and Lake Ct dr, squad 085 was parked while
investigating another motor vehicle accident, when another motorist struck the left rear
of the squad car. Shortly afterwards, another vehicle struck that same motorist pushing
the first vehicle into the squad car for a secondary collision.
Due to the damages to squad 131 exceeding $5000, city council approval is required to
authorize the expenditure.
Discussion:
Damage estimates were received for each squad car with the following results:
2013 Ford Interceptor (131):
Blaine Auto- $8291.29
Fairway Collision- $9032.65
Tousley Ford Collision- $9313.43
Graphics Repair- $421.09
2008 Ford Crown Victoria (085):
Blaine Auto- $1418.54
Fairway Collision- $2049.61
Tousley Ford Collision- $1457.69
Graphics Repair- $149.63
Item 08A
January 28, 2013
Page 2
Recommendation:
Due to the damage to squad 131 exceeding $5000, authorization is requested to move
forward with the repairs. Staff recommends the lowest repair cost to be approved to
have squad 131 repaired at Blaine Auto with graphics installation at a total cost of
$8712.38.
Respectfully Submitted,
Thomas Kinney/
Chief of Police
RESOLUTION NO. 8047
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZATION TO REPAIR DAMAGED SQUAD CARS
WHEREAS, on January 11, 2013 two Mounds View squads cars were involved
in two separate motor vehicle accidents; and
WHEREAS, the cost to repair the damage to squad 131 exceeds $5000
requiring city council approval; and
WHEREAS, the lowest total estimate to repair the 2013 Ford Interceptor is $8712:38
and the lowest estimate for the 2008 Ford Crown Victoria is $1568.17.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota to authorize the repairs to squad 131 as the
estimated damage exceeds $5000, with an approximate total cost of $8712.38.
Adopted this 28th day of January 2013.
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(seal)
of Mounds View Staff
Item No: 8B
Meeting Date: Jan. 28, 2013
Type of Business: Consent
Administrator Review:
To: Honorable Mayor and City Council
From: Heidi Steinmetz, Economic Development Specialist
Item Title/Subject: Resolution 8048, Approving Outreach Transportation
Services, LLC, Office Space Lease at Mounds View
Community Center
Background
On January 14, 2013, the City Council reviewed and discussed a possible office space
lease at the Mounds View Community Center. The term is a one-year lease with Outreach
Transportation Services, LLC, a new company that provides non -emergency transportation
services for people who use wheelchairs. The owner of the company is Mike Thompson.
Mr. Thompson is currently the company's only employee. Mr. Thompson is also a resident
of Mounds View.
As shown on the image below, there is 330 square feet available for lease at the
Community Center. This is the office space that Mr. Thompson is interested in leasing
from the City of Mounds View.
January 28, 2013
Regular City Council Meeting
Item 8B — Resolution 8048
Discussion
On January 14, 2013, the City Council expressed approval of a lease with Outreach
Transportation Services, LLC, and requested that City staff prepare a resolution for
action at the January 28, 2013, City Council meeting.
Recommendation
Staff recommends that the City Council approve Resolution 8048, which retroactively
approves the Outreach Transportation Services, LLC, office space lease at the Mounds
View Community Center.
Respectfully submitted,
Heidi Steinmetz, Economic Development Specialist
Attachment: Resolution 8048
RESOLUTION NO. 8048
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING OUTREACH TRANSPORTATION SERVICES, LLC,
OFFICE SPACE LEASE AT MOUNDS VIEW COMMUNITY CENTER
WHEREAS, On January 14, 2013, the City Council reviewed and discussed a
possible office space lease at the Mounds View Community Center; and
WHEREAS, The tenant, Outreach Transportation Services, LLC, would lease
approximately 330 square feet of office space; and
WHEREAS, The term of the lease is one-year, expiring on January 15, 2014; and
WHEREAS, The lease rate is $10.00 per square foot, which equates to a monthly
rent payment of $275.00, plus $37.50 per month for Internet access.
NOW THEREFORE, BE IT RESOLVED that the Mounds View City Council hereby
approves the Outreach Transportation Services, LLC, office space lease at the Mounds
View Community Center, attached as Exhibit A.
Passed and adopted this 28th day of January, 2013.
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(seal)
1,
[A
M
Outreach Transportation Services, LL4
416585.5
LEASE AGREEMENT
This Lease is made effective as of January 15, 2013, by and between the City of Mounds
View, a Minnesota municipal corporation ("Landlord") and Outreach Transportation Services,
LLC, a Minnesota limited liability company ("Tenant").
DATA SHEET
The legal significance of the terms set forth in this Data Sheet is governed by references
to such terms in the remainder of this Lease.
• BUILDING. That certain building situated on the following described real estate:
Commonly known as MOUNDS VIEW COMMUNITY CENTER
® PREMISES. That space in the Building, as designated on Exhibit A annexed
hereto, consisting of approximately 330 square feet measured from the exterior
surface of the exterior walls to the center of the interior walls and Tenant's
proportionate share of the Common Areas. The street address of the Premises is
5394 Edgewood Drive in the City of Mounds View.
® LANDLORD: City of Mounds View, 2401 Highway 10, Mounds View, MN
55112.
® TENANT: Outreach Transportation Services, LLC.
After Occupancy 5394 Edgewood Drive, Suite, Mounds View, Minnesota 55112
1. PREMISES:
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term
and upon the conditions hereinafter provided, the Premises described in the Data Sheet.
2. TERM:
The Term of this Lease shall commence on the 15th day of January, 2013, and shall
terminate on the 15th day of January, 2014, unless earlier terminated as hereinafter provided.
3. RENT:
Tenant agrees to pay Landlord, at 2401 County Road 10, Mounds View, MN 55112, or
such other place as Landlord may from time to time designate in writing, six months of Rent due
on or before January 15, 2013. Monthly Rent is due on or before the fifteenth day of each month
commencing August 15, 2013. The monthly Rent is based upon the following schedule:
416585.5
Year 2013
Gross Monthly Rent shall be $275.00 + 37.50 internet charge should tenant wish
to avail itself to such service.
4. USE OF PREMISES:
Tenant will use and occupy the Premises solely for general office purposes. Tenant will
not use or occupy the Premises for any unlawful purpose, and will comply with all present and
future laws, ordinances, regulations and orders of all governmental units having jurisdiction over
the Premises. Tenant will not use or occupy the Premises for overnight accommodations. Due
to the nature of the business, Tenant shall have access to the Premises from 6:00 a,m. — 11:00
p.m., seven days per week, including holidays. Tenant shall not cause or permit any unusual
noise, vibrations, odors or nuisance in or about the Premises and the Building and grounds nor
shall Tenant permit any debris, property or merchandise of Tenant, its officers, employees or
agents to be placed or left upon the grounds; and Tenant, its officers and employees shall observe
all reasonable rules and regulations adopted by Landlord for the general safety, comfort and
convenience of Landlord, Tenant and other Tenants including the reasonable assignment of
parking spaces for the exclusive use of Tenant or other tenants of Landlord or the Building.
In the event Tenant shall cause or permit any unusual noise, odor or nuisance or the
storage of any debris, property or merchandise of Tenant, its officers, employees or agents, in or
about the Premises, the Building or grounds in violation of the terms of this Section, landlord
shall be entitled to take any steps it deems reasonably necessary to correct or remove such
violation and Tenant shall pay Landlord, as additional rent hereunder, all costs and expenses
incurred in such correction or removal including all costs and expenses inured in ascertaining
which Tenant is responsible for such violation.
Landlord disclaims any warranty that the Premises are suitable for Tenant's use and
Tenant acknowledges that it has had a full opportunity to make its own determination in this
regard. Landlord warrants, to the best of their knowledge, that the building is in compliance with
the Americans with Disabilities Act (ADA). In the event that the premises is found not to be in
compliance, Landlord shall be responsible for all construction or alteration of the premises to
render the premises in compliance with ADA.
Tenant will not conduct or permit to be conducted any activity, or place any equipment in
or about the Premises, which will in any way increase the rate of fire insurance or other
insurance on the building; and if any increase in the rate of fire insurance or other insurance is
stated by any insurance company or by the applicable Insurance Rating Bureau to be due to
activity or equipment of Tenant in or about the Premises, such statement shall be conclusive
evidence that such increase in such rate is due to such activity or equipment and, as a result
thereof, Tenant shall be liable for such increase and shall reimburse Landlord therefore and,
further, shall discontinue or cause the discontinuance of such conduct or shall remove such
equipment upon Landlord's demand made at any time thereafter.
2
416585.5
Tenant shall not install, use, generate, store or dispose of in or about the Premises any
hazardous substance, toxic chemical, pollutant or other material regulated by the Comprehensive
Environmental Response, Compensation and Liability Act of 1985 or the Minnesota
Environmental Response and Liability Act or any similar law or regulation, including without
limitation any material containing asbestos, PCB, CFC or HCFC (collectively "Hazardous
Materials") without Landlord's written approval of each Hazardous Material. Landlord shall not
unreasonably withhold its approval of use by Tenant of immaterial quantities of Hazardous
Materials customarily used in business operations so long as Tenant uses such Hazardous
Materials in accordance with all applicable laws. Upon expiration or termination of this Lease
Tenant shall remove all Hazardous Materials installed, used, stored or disposed of in the
Premises by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and
against any claim, damage or expense arising out of Tenant's installation, use, generation,
storage, or disposal of any Hazardous Materials, regardless of whether Landlord has approved
the activity.
5. ASSIGNMENT AND SUBLETTING:
Tenant will not assign, transfer, mortgage or encumber this Lease or sublet or rent or
franchise or permit occupancy or use of the Premises, or any part thereof by any third party; nor
shall any assignment or transfer of this Lease be effectuated by operation of law or otherwise,
(any of the foregoing being hereinafter referred to as an "Assignment") without in each such case
obtaining the prior written consent of Landlord, which consent shall be subject to Landlord's
sole discretion. The consent by Landlord to any Assignment shall not be construed as a waiver
or release of Tenant from the terms of any covenant or obligation under this Lease, nor shall the
collection or acceptance of rent from any transferee under an Assignment constitute an
acceptance of the Assignment or a waiver or release of Tenant or any transferee of any covenant
or obligation contained in this Lease, nor shall any Assignment be construed to relieve Tenant
from the requirement of obtaining the consent in writing of Landlord to any further Assignment.
In conjunction with any requested assignment of this Lease, Landlord may require Tenant to
execute a reaffirmation of Tenant's liability hereunder, with waiver of defenses based solely on
suretyship.
If, at any time during the Term of this Lease, Tenant (and/or the guarantor, if airy) is:
(i) a corporation or a trust (whether or not having shares of beneficial
interest) and there shall occur any change in the identity of any of the persons then having
power to participate in the election or appointment of the directors, trustees, or other
persons exercising like functions and managing the affairs of Tenant, or
(ii) a partnership, limited liability company or association or otherwise not a
natural person (and is not a corporation or a trust) and there shall occur any change in the
identity of any of the persons who then are members of such partnership or association or
who comprise Tenant
416585.5
such change shall be deemed to be an Assignment. This Section shall not apply if Tenant (and/or
guarantor, if any) named herein is a corporation and the outstanding voting stock thereof is listed
on a recognized national securities exchange.
Whether or not Landlord has consented to assignment or sublease, Tenant shall pay
directly to Landlord the amount by which the rent or other payments received by Tenant
pursuant to such assignment or sublease exceeds, in any month, the Rent and additional rent
payable by Tenant to Landlord Hereunder.
6. MAINTENANCE AND REPAIRS:
Tenant agrees to keep, maintain and repair the Premises and the fixtures and equipment
therein in first class, properly functioning, safe, orderly and sanitary condition, will make all
necessary replacements thereto, will suffer no waste or injury thereto, and will at the expiration
or other termination of the Term of this Lease, surrender the same with all improvements in the
same order and condition in which they were on the commencement date of this lease, or in such
better condition as they may hereafter be put, excepting ordinary wear and tear as well as
casualty damage to the extent such casualty damage is covered by insurance excepted.
Notwithstanding anything apparently to the contrary in this Section, any cost of repairs or
improvements to the Building, to the Premises or to any common areas which are occasioned by
the negligence or default of Tenant, its officers, employees, agents or invitees, or by
requirements of law, ordinance or other governmental directive and which arise out of the nature
d
of Tenant's use and occupancy of the Premises or the installations of Tenant in the Premises shall
be paid for by Tenant.
7. ALTERATIONS; SIGNS; EQUIPMENT; MOVING:
Tenant will not make or permit anyone to make any alterations, decorations, additions or
improvements, structural or otherwise, in or to the Premises or the Building without the prior
written consent of Landlord. As a condition precedent to consent of Landlord hereunder, Tenant
agrees to obtain and deliver to Landlord such security against mechanic's liens as Landlord shall
reasonably request. If any mechanic's lien is filed against any part of the Building for work
claimed to have been done for, or materials claimed to have been furnished to Tenant, such
mechanic's lien shall be discharged by Tenant within ten days thereafter, at Tenant's sole cost
and expense, by the payment thereof or by malting any deposit required by law. Regardless of
whether Landlord's consent is required or obtained hereunder: (i) all alterations shall be made in
accordance with applicable laws, codes and insurance guidelines, and shall be performed in a
good and workmanlike manner, (ii) if the construction or installation of Tenant's alterations or
fixtures causes any labor disturbance, Tenant shall immediately take any action necessary to end
such labor disturbance, and (iii) Tenant shall furnish to Landlord as -built plans in such format as
Landlord may reasonably require. All alterations, which become permanent fixtures to the
Premises shall become the property of Landlord upon expiration of the Term and shall remain
upon and be surrendered with the Premises as a part thereof without disturbance or injury, unless
Landlord requires specific items thereof to be removed by Tenant at Tenant's sole expense, in
which event Tenant shall do so prior to the expiration of the Term at its expense, and shall repair
any damage caused thereby.
H
416585.5
r
Tenant shall not place or maintain any sign, advertisement or notice on any part of the
outside of the Premises or the building except (i) such place, number, size, color and style as has
been approved in writing by Landlord and (ii) in accordance with the sign criteria to be
developed by Landlord. Any such signs shall be at the sole expense of Tenant. Tenant shall
remove all signs at the expiration or termination of this Lease and restore the affected area to its
original condition.
Tenant shall not install any equipment containing Hazardous Materials nor any
equipment which will or may necessitate any changes, replacements or additions to, or in the use
of, the heating, ventilating or air-conditioning system, or other building system of the Premises
or the Building without first obtaining the prior written consent of Landlord. Equipment
belonging to Tenant which causes noise or vibration that may be transmitted to the structure of
the Building or to any space therein to such a degree as to be objectionable to Landlord or to any
tenant in the Building shall be installed and maintained by Tenant, at Tenant's expense, on
vibration eliminators or other devices sufficient to eliminate noise and vibration. Landlord shall
have the right at any time to limit the weight and prescribe the position of safes, concentrated
filing systems and other heavy equipment or fixtures.
All moving of furniture, equipment and other material shall be done under the direct
control and supervision of Landlord who shall, however, not be responsible for any damage to or
charges for moving the same unless damage is the direct result of Landlord's sole and gross
negligence. Any and all damage or injury to the premises or the Building caused by moving the
property of Tenant in or out of the Premises, or due to the same being on the Premises, shall be
repaired by, and at the sole cost of, Tenant. No deliveries or pickups shall be left unattended at
the loading dock.
8. RIGHT OF ENTRY:
Tenant will famish to, Landlord at all times a master key to the Premises and permit
Landlord, or its representative, to enter the Premises to examine, inspect and protect the
Premises, and to make such alterations, renovations, restorations and/or repairs as in the
judgment of Landlord may be deemed necessary or desirable for the Premises, for any other
premises in the Building, or the Building itself (including access to distribution systems above
the ceiling of the Premises), or to exhibit the same to prospective tenants during the last year of
the Term of this Lease or during any period Tenant is in default hereunder, or to prospective
purchasers or lenders at any time. Landlord shall use reasonable efforts to not unreasonably
interfere with the conduct of Tenant's business, but Landlord shall in no event be liable to Tenant
for any damages in connection with such entry or installation. Landlord shall have the right of
immediate entry, without notice, for emergencies provided Tenant shall be notified as soon after
such entry as possible.
Landlord reserves the right to impose such reasonable security restrictions in the common
areas as it deems appropriate from time to time.
416585.5
9. SERVICES AND UTILITIES:
Landlord agrees to pay all charges for utility services to the Premises during the term of
this Lease including, but not limited to, gas, electric, sewer, water, sprinkler alarm system,
enant shall not commit waste or use any of the utilities
security systems and rubbish removal. T
in excess of ordinary and reasonable use.
10. PROTECTION FROM SUBROGATION:
Anything in this Lease to the contrary notwithstanding, neither Landlord nor Tenant shall
be liable to the other for any business interruption or any loss or damage to property or injury to
rties, mall areas, sidewalks,
or death of persons occurring on the Premises or the adjoining prope
streets or alleys, or in any manner growing out of or connected with Tenant's use and occupation
Premises, or the condition thereof or of mall areas, sidewalks, streets or alleys adjoining,
of the P
caused re the negligence or other fault of Landlord, or Tenant or of their respective agents,
employees, subtenants, licensees or assignees to the extent that such business interruption or loss
or damage to property or injury to or death of person is covered by or indemnified by proceeds
received from insurance carried by other party (regardless of whether such insurance is payable
to or protects Landlord or Tenant or both) or for which such patty is otherwise reimbursed; and
Landlord and Tenant each hereby respectively waive all rights of recovery against the other, its
agents, employees, subtenants, licensees and assignees, for any such loss or damage to property
or injury to or death of persons to the extent the same is covered or indemnified by proceeds
received from any such insurance, or for which reimbursement is otherwise received. Landlord's
in a waiver of subrogation
and Tenant's respective policies of insurance shall each conta
provision incorporating the above covenant and providing that the insurance shall not be
invalidated by the insureds written waiver prior to a loss of any or all right of recovery against
any party for any insured loss. It is expressly understood that Landlord shall not be liable to
Tenant for any damages incurred by the latter as a result of the above and foregoing events; save
and except as to any such damages caused by the willful or wanton conduct of Landlord, its
agents or employees, provided such damages are not recoverable by Tenant pursuant to the
insurance policies required to be provided by Tenant under this Lease or otherwise.
11. WAIVER AND INDEMNITY:
Notwithstanding anything apparently to the contrary in this Lease, Landlord and its
partners, officers and employees and property manager shall not be liable to Tenant, and Tenant
hereby releases such parties from all damage, compensation or claims from any cause other than
the intentional misconduct of Landlord or its partners, officers or employees or property manager
arising from: loss or damage to personal property or trade fixtures in the Premises including
books, records, files, computer equipment, computer data, money, securities, negotiable
instruments or other papers; lost business or other consequential damage arising out of
interruption in the use of the Premises; and any criminal act by any person other than Landlord
or its partners, officers or employees. Furthermore, Tenant agrees that Landlord, its officers,
agents, partners, and employees shall not be liable to Tenant or those claiming through or under
Tenant for any injury, death or property damage occurring in, on or about the Premises, the
Building or grounds.
416585.5
Tenant agrees to indemnify, defend and hold Landlord and its partners, officers and
employees and property manager harmless from and against any claim, loss or expense arising
out of injury, death or property loss or damage occurring by reason of Tenant's use of the
Premises, except only to the extent caused by the negligent act or intentional misconduct of
Landlord or its partners, officers or employees or property manager.
Nothing in this Lease shall constitute a waiver or limitation of the Landlord's immunities
or limitations on liability as set froth in Minnesota Statutes, Chapter 466,
12. INSURANCE:
Tenant agrees to purchase, in advance, and to carry in fall force and effect the following
insurance:
(a) ,All risk" property insurance covering the full replacement value of all of
Tenant's leasehold improvements, trade fixtures and personal property within the Premises.
Landlord shall be named as loss payee under all such policies.
(b) Commercial general liability insurance, providing coverage on an
"occurrence" rather than a "claims made" basis, which policy shall include coverage for Bodily
Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Lease), and
Independent Contractors, in current Insurance Services office form or other form which provides
coverage at least as broad. Tenant shall maintain a combined policy limit of at least $2,000,000
aggregate $1,000,000 per occurrence applying to Bodily Injury, Property Damage and Personal
Injury, which limit may be satisfied by Tenant's basic policy, or by the basic policy in
combination with umbrella or excess policies so long as the coverage is at least as broad as that
required herein. Such liability for property damage and fire legal liability shall not l ss is so
than
$500,000.00 Such liability, umbrella and/or excess policies may be subject to aggregate
long as the aggregate limits have not at any pertinent time been reduced to less than the policy
limit stated above, and provided further that any umbrella or excess policy provides coverage
from the point that such aggregate limits in the basic policy become reduced or exhausted.
Landlord shall be named as additional insured under all such policies.
At least ten (10) days prior to entry by Tenant on the Premises, Tenant shall deliver to
Landlord evidence that the insurance required by this Lease is in full force and effect. At least
thirty (30) days prior to expiration of any such coverage, Tenant shall deliver evidence that the
coverage in question will be renewed or replaced upon expiration. Such evidence of insurance
shall be in writing signed by a party authorized to bind the insurer,. authorize Landlord to rely
thereon, and shall contain sufficient information to enable Landlord to determine whether
Tenant's insurance complies with the requirements of this Lease. Upon request, Tenant shall
also furnish insurer -certified copies of all pertinent policies. All polices used to provide the
coverage required by this Lease shall (i) be endorsed to require the insurer to( provide at least
thirty (30) days notice to Landlord prior to cancellation or non -renewal, and (ii) be issued by
financially sound companies having an A.M. Best Company rating of at least A:VII.
7
416585.5
V'.
13. FIRE OR OTHER CASUALTY:
If the Premises or the Building shall be damaged by fire or other cause Landlord shall at
its option either (a) undertake to restore such damage with all due diligence, or (b) in the event
the Premises or the Building are damaged by fire or other cause to such extent that damage
cannot, in Landlord's sole judgment, be economically repaired within 90 days after the date of
such damage (taking into account the time necessary to effectuate a satisfactory settlement with
any insurance company and using normal construction methods without overtime or other
premium), terminate this Lease, by notice given to Tenant within 60 days after the date of the
damage. Any termination hereunder by reason of damage to the Premises shall be effective as of
the date of the damage. Any termination by reason of damage to the Building but not the
Premises shall be effective as of the date notice is given. If Landlord elects to restore, Landlord
shall not be obligated to restore any improvements in the Premises which were not owned and
constructed by Landlord. Upon substantial completion by Landlord of its work, Tenant shall
undertake to restore its leasehold improvements and trade fixtures with all due diligence. This
Lease shall, unless terminated by Landlord, remain in full force and effect following such
damage, and, in the case of damage to the Premises, the Rent, prorated to the extent that the
Premises are rendered untenantable, shall be equitably abated until such repairs are completed;
provided, however, that if Tenant does not restore its leasehold improvements and trade fixtures
with due diligence, abatement shall cease as of the date restoration could have been completed
using due diligence.
14, CONDEMNATION:
If the whole or any substantial part of the Premises shall be taken or condemned or
purchased under threat of condemnation by any governmental authority, then the Term of this
Lease shall cease and terminate as of the date when the interference with the possession,
enjoyment or value of the Premises occurs and Tenant shall have no claim against the
condemning authority, Landlord or otherwise, for any portion of the amount that may be
awarded as damages as a result of such taking or condemnation or for the value of any unexpired
Term of the Lease, provided, however, that landlord shall not be entitled to any separate award
made to Tenant for loss of business, relocation costs or the value of the cost of removal of stock
and trade fixtures and any such award is hereby condemned to the extent that it cannot, in
Landlord's sole judgment, be economically restored within a reasonable time, Landlord shall
have the option by notice given to Tenant within 30 days after the date of interference with
possession, to terminate this Lease as of the date of such interference with possession.
15. DEFAULT:
Any one of the following events shall constitute an Event of Default:
(i) Tenant shall fail to pay any monthly installment of Rent as herein
provided;
(ii) Tenant shall violate or fail to perform any of the other conditions,
covenants or agreements herein made by Tenant and such default shall continue
416585.5
r
t:
for 30 days after notice from Landlord; provided, however, that if the nature of
such default is such that Tenant can cure the default, but not within fifteen (15)
days, then the Event of Default shall be suspended for a period not in excess of
thirty (3 0) additional days so long as Tenant commences cure within fifteen (15)
days and thereafter diligently and continuously prosecutes the curing of the
default, and so long as continuation of the default does not create material risk to
the Building or to persons using the Building;
(iii) Tenant shall file or have filed against it or any guarantor of this
Lease any bankruptcy or other creditor's action, or make an assignment for the
benefit of its creditors.
If an Event of Default shall have occurred and be continuing, Landlord may at its sole
option by written notice to Tenant terminate this Lease. Neither the passage of time after the
occurrence of the Event of Default nor exercise by Landlord of any other remedy with regard to
such Event of Default shall limit Landlord's rights.
If an Event of Default shall have occurred and be continuing, whether or not Landlord
elects to terminate this Lease, Landlord may enter upon and repossess the Premary ises
(said
repossession being ejectment or otherwise, and may removenafter referred tTenantRand all other 'persons rand propertyr therefrom. proceedings,
From time to time after Repossession of the Premises, whether or not this Lease has been
terminated, Landlord may, but shall not be obligated to, attempt to relet the Premises for the
account of Tenant in the name of Landlord or otherwise, for such term or terms (which may be
greater or less than the period which would otherwise have constituted the balance of the Term)
and for such terms (which may include concessions or free rent) and for such uses as Landlord,
in its uncontrolled discretion, may determine, and may collect and receive the rent therefore.
Any rent received shall be applied against Tenant's obligations hereunder, but Landlord shall not
be responsible or liable for any failure to collect any rent due upon any such reletting.
No termination of this Lease and no Repossession of the Premises pursuant to this
Section or otherwise shall relieve Tenant of its liabilities and obligations under this Lease, all of
which shall survive any such termination or Repossession. In the event of any such termination
or Repossession, whether or not the Premises shall have been relet, Tenant shall pay to Landlord
the Rent and other sums and charges to be paid by Tenant up to the time of such termination or
Repossession, and thereafter Tenant, until the end of what would have been the Term in the
absence of such termination or Repossession, shall pay to Landlord, as and for liquidated and
agreed current damages for Tenant's default, the equivalent of the amount of the Rent and such
other sums and charges which would be payable under this Lease by Tenant if this Lease were
still in effect, less the net proceeds, if any, of any reletting effected pursuant to the provisions of
this Section after deducting all of Landlord's expenses in connection with such reletting,
including, without limitation, all repossession costs, brokerage and management commissions,
operating expenses, legal expenses, attorneys' fees, alteration costs, and expenses of preparation
for such reletting. Tenant shall pay such current damages to Landlord monthly on the days on
which the Rent would have been payable under this Lease if this Lease were still in effect, and
416585.5
Landlord shall be entitled to recover the same from Tenant on each such day. At any time after
such termination or Repossession, whether or not Landlord shall have collected any current
damages as aforesaid, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to
Landlord on demand, as and for liquidated and agreed final damages for Tenant's default, an
amount equal to the then present value of the excess of the Rent and other sans or charges
reserved under this Lease from the day of such termination or Repossession for what would be
the then unexpired tea if the same had remained in effect, over eollect f'orhe amount of the Premi es for rentTenant
same
demonstrates that Landlord could in all likelihood actually
period, said present value to be arrived at on the basis of a discount of four percent (4%) per
annum.
In addition to all other remedies of Landlord, Landlord shall be entitled to reimbursementupon demand of all reasonable attorneys fees incurred by Landlord in connection with any Event
of Default.
Landlord shall in no event be considered to be in default of Landlord's obligations
hereunder until the expiration of a reasonable time after notice of default from Tenant.
16, SUBORDINATION:
For the purposes of this Section, the term "Mortgage" shall mean at any time, any
mortgage of record now or hereafter placed against the Building, any increase, amendment,
extension, refinancing or recasting of a Mortgage and, in the case of a sale or lease and leaseback
by Landlord of all or any part of the Building, the lease creating the leaseback For the purposes
hereof, a Mortgage shall be deemed to continue in effect after foreclosure thereof until expiration
of the period of redemption therefrom.
This Lease is subject and subordinate to the lien of any Mortgage which may now or
hereafter encumber the Building or any development of which the Building is a part. In
confirmation of such subordination, Tenant shall, at Landlord's request from time to time,
promptly execute any certificate or other document requested by the holder of the Mortgage.
Tenant agrees that in the event that any proceedings are brought for the foreclosure of any
Mortgage, Tenant shall immediately and automatically attorn to the purchaser at such foreclosure
sale, as the landlord under this Lease, and Tenant waives l heo provisions
Tenant anyyr t t to or termirulnate
Of
law, now or hereafter in effect, which may give or pure g
iveor otherwise adversely affect this Lease or the obligations of Tenant hereunder in the event that
any such foreclosure proceeding is prosecuted or completed. Neither the holder of the Mortgage
(whether it acquires title by foreclosure or by deed in lieu thereof) nor any purchaser at
foreclosure sale shall be liable for any act or omission of Landlord occurring prior to date of
acquisition of title, nor subject to any offsets or defenses which Tenant might have against
Landlord nor bound by any prepayment by Tenant of more than one month's installment of Rent
no by any modification of this Lease made subsequent to the granting of the Mortgage unless
consented to by the holder of the Mortgage. Notwithstanding anything to the contrary in this
Section, so long as Tenant is not in default under this Lease, this Lease shall remain in full force
and effect and the holder of the Mortgage and ally purchaser at foreclosure sale thereof shall not
disturb Tenant's possession hereunder.
10
416585.5
17. SALE OR MORTGAGE OF THE BUILDING:
In the event of a sale of the Building, Landlord shall be relieved of all liability under this
Lease accruing from and after the date of sale provided Landlord has obtained the written
agreement of its transferee or assignee to assume and carry out all of the covenants and
obligations of the Landlord hereunder.
The Tenant agrees at any time and from time to time, upon not less than ten days prior
written request by Landlord, to execute, acknowledge and deliver to Landlord a statement in
writing certifying that the Lease is not modified (or modified, stating the modification) that the
Lease is in full force and affect, stating the dates to which the Rent has been paid in advance and
stating whether the Landlord is in default hereunder. It is intended that any such statement may
be relied upon by any prospective purchaser of the fee or mortgagee or assignee of any mortgage
upon the Building or real estate.
18. WAIVER:
One or more waivers of any covenant, term or condition of this Lease by either party
shall not be construed by the other party as a waiver of a subsequent breach of the same
covenant, tern or condition. The consent or approval of either party to or of any act by the other
party of a nature requiring consent or approval shall not be deemed to waive or render
unnecessary consent to or approval of any subsequent similar act. The failure or delay on the
part of either party to enforce or exercise at any time any of the provisions, rights or remedies in
this Lease shall in no way be construed to be a waiver thereof, nor in any way to affect the
validity of this Lease or any part thereof, or the right of the party to thereafter enforce each and
every such provision, right or remedy.
19. RULES AND REGULATIONS:
Tenant shall use the Premises and the common areas of the Building in accordance with
the terms of this Lease and such additional rules and regulations as may from time to time be
reasonably made by Landlord for the general safety, comfort and convenience of the Landlord,
occupants and tenants of the Building, and Tenant shall use its best efforts to cause Tenant's
customers, employees and invitees to abide by such rules and regulations. Landlord shall in no
event be responsible to Tenant for enforcement of such rules and regulations against other
tenants. These Rules and Regulations shall be in addition to, and shall not be construed to in any
way modify or amend, in whole or in part, the covenants and conditions of any lease of the
Premises. If any provision of these rules and regulations conflicts with any provision of the
Lease, the terms of the Lease shall prevail.
20. COVENANT OF QUIET ENJOYMENT:
Landlord covenants that it has the right to make this Lease for the term aforesaid and
covenants that if Tenant shall pay the rent and perform all of the covenants, terms and conditions
11
416585.5
of this Lease to be performed by Tenant, Tenant shall, during the Term hereby created, freely,
peaceably and quietly occupy and enjoy the full possession of the Premises.
21, NO REPRESENTATIONS BY LANDLORD:
Neither Landlord nor any agent or employee of Landlord has made any representations or
promises with respect to the Premises or the Building except as herein expressly set forth, and no
right, privileges, easements or licenses are acquired by Tenant except as herein expressly set
e nor any other materials provided by Landlord shall
forth. No exhibit attached to this Leas
constitute a warranty or agreement as to the configuration of the Building or the occupants
thereof. Landlord reserves the right from time to time to modify the Building, including
common areas, appurtenances and rentable areas, without in any case reducing the obligations of
Tenant hereunder. Tenant has no right to light or air over any premises adjoining the Building.
Tenant, by taking possession of the Premises, shall accept the same "as is" except as expressly
provided in this Lease and such taking of possession shall be conclusive evidence that the
Premises and the Building are in good and satisfactory condition at the time of such taking of
possession. In addition to and without limitation of the immediately preceding sentence, Tenant
agrees that it is leasing the Premises on an "AS IS", "WHERE IS" and "WITH ALL FAULTS"
basis, based upon its own judgment, and hereby disclaims any reliance upon any statement or
representation whatsoever made by Landlord. LANDLORD MAKES NO WARRANTY WITH
RESPECT TO THE PREMISES, THE BUILDING OR ANY PART THEREOF, EXPRESS OR
IMPLIED, AND LANDLORD SPECIFICALLY DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY
LIABILITY FOR CONSEQUENTIAL DAMAGES
INABILITY TO USE TH REMI ESTHE BBUILDING ARISING THE
ANY PARTTHEREOF OR THE
22, NOTICES:
All notices or other communications hereunder shall be in writing and shall be, effective if
band delivered or sent by registered or certified first-class mail, postage prepaid, or by overnight
express service which maintains confirmation of delivery, (i) if to Landlord at Landlord Address
set forth in the Data Sheet, and (ii) if to Tenant, at the Premises, unless notice of a change of
address is given pursuant to the provisions of this Section. The day notice is given by mail shall
be deemed to be the day following the day of mailing. If acceptance is refused, as evidenced by
the records of the Postal Service or overnight delivery service, notice shall be deemed given on
the date acceptance is refused.
23. SURRENDER; HOLDING OVER:
Upon the expiration of this Lease or the earlier termination of Tenant's right to
possession, Tenant shall immediately vacate the Premises, remove anof
its not xemoperty o ed shall
and leave the Premises in the condition required by this Lease. Any property
be deemed abandoned, and Tenant shall be liable for all costs of removal and Tenant shall
indemnify, defend and hold Landlord harmless from any cost or liability due to disposition of
any property in the Premises in which a person other than Tenant has an interest. Should Tenant
fail to surrender the Premises in the condition required by the Lease, Landlord shall be entitled to
12
416585.5
take whatever steps may, in Landlord's sole discretion, be required to restore the Premises to
said condition and Tenant agrees that it shall pay to Landlord all costs incurred by Landlord in so
restoring the premises.
Should Tenant continue to occupy the Premises, or any part thereof, after the expiration
or termination of the Term, whether with or without the consent of Landlord, such tenancy shall
be from month to month and Tenant shall pay Landlord the (i) the rent last in effect plus 3
percent, for the first six months of any such period of holding over and (ii) following such six
month holdover period rent shall continue until a new rental rate is agreed upon.
24. LANDLORD REPRESENTATIONS:
Landlord agrees to be bound by the terms and conditions of this Lease.
25. MISCELLANEOUS:
(a) The captions in this Lease are for convenience only and are not a part of
this Lease.
(b) If more than one person or entity shall sign this Lease as Tenant, the
obligations set forth herein shall be deemed joint and several obligations of each such party.
(c) Time is of the essence.
(d) If any provision of this Lease is invalid or unenforceable to any extent,
then such provision and the remainder of this Lease shall continue in effect and be enforceable to
the fullest extent permitted by law.
(e) This Lease contains the entire agreement of the parties hereto with respect
to the Premises and Building. This Lease may be modified only by a writing executed and
delivered by both parties.
(f) Nothing contained in this Lease shall be deemed or construed to create a
partnership or joint venture of or between Landlord and Tenant, or to create any other
relationship between the parties other than that of landlord and tenant.
(g) This Lease shall be binding upon and inure to the benefit of the parties
hereto and, subject to the restrictions and limitations herein contained, their respective heirs,
successors and assigns.
(h) This is governed by and shall be construed according to the laws of the
State of Minnesota.
26. TAX COMPLIANCE AND STATUS OF PREMISES:
13
416585.5
3
It is the intention of the parties hereto that nothing contained in this Lease or through the
performance of this Lease shall any change occur in the tax status of the Premises that existed
prior to the entering into of this Lease and that in lieu of each clause, term or provision of this
Lease that is illegal, invalid, unenforceable, or not in compliance with property tax requirements,
there be added as part of this Lease a clause, term, provision, or requirement similar to such
illegal, invalid or unenforceable clause, term, provision, or property tax requirement as may be
possible and would be legal, valid, and enforceable, to retain the property tax status of the
Premises that existed prior to the entering into of this Lease. In the event that the property tax
status for the Premises is changed by any taxing jurisdiction and cannot be returned to the tax
status that existed prior to the entering into of this Lease by modification of the terms of this
Lease, the Tenant shall be responsible for any tax payments or payments in lieu of taxes should
the Premises, or a portion thereof, be deemed taxable property for any reason by any taxing
jurisdiction as a result of this Lease or the use being made thereof of the Premises, and the
Tenant shall immediately remit any required payments to the appropriate taxing jurisdiction.
27. [INTENTIONALLY BLANK]
28. ADDITIONAL HAZARDS:
Tenant covenants and agrees that it will not do or permit anything to be done in or upon
the Premises or bring in anything or keep anything therein which shall cause the cancellation of
Landlord's insurance policies, or increase the rate of insurance, on the Building, above the
standard rate on said premises and buildings as rental property for similar uses. Tenant further
agrees that in the event it shall do anything to so increase the insurance rate, Tenant shall
promptly pay to Landlord on demand any such increase resulting therefrom, which shall be due
and payable as "additional rent" hereunder. At Tenant's request, Landlord shall make available
for Tenant's inspection during regular business hours, all documents pertaining to Landlord's
calculation of Tenant's "additional rent" required under this section. Said "additional rent" shall
be due and payable as billed by Landlord.
29. INVALIDATION OF PARTICULAR PROVISIONS:
If any clause, term or provision of this Lease, or the application thereof to any person or
circumstance shall to any extent, be invalid, unenforceable, or not in compliance with state bond
financed property requirements as set forth in Paragraph 30, the remainder of this Lease, or the
application of such term or provision to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected thereby, and each term and provision of
this Lease shall be valid and be enforced to the fullest extent permitted by law. It is the intention
of the parties hereto that in lieu of each clause, term or provision of this Lease that is illegal,
invalid, unenforceable, or not in compliance with state bond financed property requirements,
there be added as part of this Lease a clause, term, provision, or state bond financed property
requirement similar to such illegal, invalid or unenforceable clause, term, provision, or state
bond financed property requirement as may be possible and would be legal, valid, and
enforceable.
14
416585.5
30. STATE BOND FINANCE PROPERTY ACKNOWLEDGEMENT AND
COMPLIANCE:
The Landlord and Tenant acknowledge that funding for a portion of the Premises was
obtained through a grant from the State of Minnesota's Department of Children, Families and
Learning, and as such, the Premises is considered state bond financed property. Landlord states
and Tenant, to the best of it's Imowledge, without inquiry agrees that the following requirements
contained within this Lease are included to satisfy the state bond finance property requirements
of Minnesota Statutes Section 16A.695 for Use Agreements, to comply with the requirements
contained in the G.O. Compliance statutes, and pursuant to the Commissioner's Order.
(a) ENTITY STATUS, The Landlord is defined as a public entity organized as a
charter city pursuant to Minnesota Statutes Chapter 410, and is thus, a Minnesota municipal
corporation.
(b) DEMISED PREMISES OWNERSHIP. The Premises is owned solely and
completely by the Landlord, the City of Mounds View.
(c) AGREEMENT AUTHORITY. The Landlord has entered into this Lease with the
Tenant pursuant to Minnesota Statutes Section 471.15 and the City of Mounds View Municipal
Charter and Municipal Code.
(d) GOVERNMENTAL PROGRAM. This Lease is (i) being executed and entered
into to carry out a Governmental Program, (ii) such Governmental Program is the City of
Mounds View Parks and Recreation Program, including the operation of the Community Center
and its accompanying facilities, as well as the parks within the City and general recreational
programming within the City; and (iii) such Governmental Program constitutes the Mounds
View Parks and Recreation Program and is authorized pursuant to Municipal Charter
Section 6.02, Subdivision 1, Municipal Code Section 106.05 and Chapter 405, and Minnesota
Statutes Section 471.15.
(e) GOVERNMENTAL PROGRAM OVERSIGHT. The Landlord has accepted
financing through a Government Bonding Program. If required by the State for compliance
purposes, Tenant will provide the State the right to inspect and audit Tenant's books and records
for its operations at the Premises, with each such review to show the program budget, revenues
and expenses.
(f) TERM OF THE USE AGREEMENT. As the Premises consists of land and
buildings, the term of this Lease as provided herein relating to the building and improvements,
and including all renewals which are solely at the option the Tenant, is for a period of time which
is less then 50% of the useful life of the Premises.
(g) TERMINATION OF THE USE AGREEMENT. This Lease allows for
termination by the Landlord, pursuant to Section 13.2, in the event of default hereunder by the
Tenant. The termination of this Lease is also allowed by the Landlord, pursuant to
Section 16.13, in the event that the Governmental Program is terminated or changed.
15
416585.5
k
(h) COST OF OPERATION OF THE FACILITY ("PREMISES"). The Landlord
possesses specific statutory authority pursuant to Minnesota Statutes Section 471.15, the City's
Municipal Charter Section 6.02, Subdivision 1, and the City's Municipal Code Section 106.05
and Chapter 405, to expend monies to operate and maintain the Premises.
(i) RECEIPT OF MONIESICOMPLIANCE WITH TAX CODE. It is contemplated
and understood by the parties to this Lease, that the Landlord's operation of the Premises is in
compliance with the tax code.
0) SALE OF THE FACILITY (PREMISES).
(i) This Lease is free of any provisions which would require the Landlord to
sell the Premises for an amount less than the fair market value if it is to be
sold to a non-public entity.
This Lease is fiee of any provisions which would allow the Landlord to
sell the facility (Premises) without the Landlord fust determining, by
official action, that the Premises is no longer usable or needed to carry out
the Governmental Program.
(iii) This Lease is free of any provisions which would require the Landlord to
sell the Premises without first obtaining the written consent of the
commissioner of Finance, pursuant to Minn. Statutes Section 16A. 695,
Subdivision 3, and the Commissioner's Order.
(iv) This Lease is free of any provisions which would cause the matter of
distribution of the proceeds of the sale of the Premises, which is not
provided for nor contemplated in this Lease, to violate the provisions
contained in the G.O. Compliance Bill and the Commissioner's Order
(Minn. Statutes Section 16A.693, Subdivision 3 and the Commissioner's
Order).
(v) This Lease contains no provisions concerning the sale of the Premises or
the termination of the Governmental Program.
jThe remainder of this page intentionally blank]
16
416585.5
Outreach Transportation Services, LLC, as Tenant of the Building and Premises herein, hereby
agrees to the terms of this Lease.
OUTREACH TRANSPORTATION -SERVICES, LLC
10
Its: 19L -%"i /Z
The City of Mounds View, as Landlord of the Building and Premises herein, hereby agrees to the
terms of this Lease.
CITY OF MOUNDS VIEW
By:
�7oe Flaherty �.
Its: Mayor
LN
Its:
416585.5
James Ericson
City Administrator
17
F,xuiBrr A
Floorplan Layout of the Outreach Transportation Services Area (330 Square Feet).
m
416585.5
V,
A-1
,4: j
MOUNDS VIEW
City of Mounds View Staff
Item No: 8C
Meeting Date: January 28 2013
Type of Business: Consent A en
Administrator Review:
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director
Item Title/Subject: Resolution 8057, Accepting Work for 2012 Reroofing of Community
Center and Water Treatment Plant No. 1 Project and Authorizing
Final Payment to Rosenquist Construction, Inc.
Background/Discussion:
Rosenquist Construction, Inc. submitted the lowest responsible bid for $267,000 at the February
23, 2012 bid opening for the reroofing of Community Center ($222,000) and Water Treatment
Plant No. 1 ($45,000). Rosenquist was awarded a construction contract on March 12, 2012 (Res.
7914) for the project and performed construction during summer 2012. All work was performed in
accordance with project specifications and industry standards.
The adopted 2012 Budget included $250,000 under Special Projects (280-4180-7050) for
Community Center reroofing and $50,000 under the Water Enterprise Fund (700-4823-7050) for
WTP No. 1 reroofing, for a total combined budget amount of $300,000. INSPEC provided an
hourly fee estimate of $14,000 for construction administration, observation, and inspection
services during construction, bringing the estimated project cost to $281,000. The remaining
balance of $19,000 was approved as a construction contingency (7%) in the event that unknowns
are discovered during construction. One change order for $6,210 was executed related to
furnishing and installing additional insulation on the Community Center to promote better drainage.
The following is a summary
of the final construction costs:
Original Contract Amount:
Comm. Center
$ 222,000
WTP#1
$ 45,000
Total
$ 267,000
Change Orders (1):
+$ 6.21
$ 0
--
$ 45,000
+$ 6,210
$ 273,210
Final Construction Cost:
$ 228,210
X00
Inspect Fee:
Total Construction Phase:
+ 1$ 1 620
$ 239,830
�0
$ 47,380
$ 287,210
Budget Amount:25$
0.000
5$ 0,00
3$ 00,000
Difference (under budget):
($ 10,170)
($ 2,620)
($ 12,790)
The remaining payment amount owed to Rosenquist Construction is $32,670
The roof has a warranty period of 5 years, during which time Rosenquist will be required to repair
all defects resulting from any faulty workmanship or defective materials, at no cost to the City. A
Rosenquist has provided applicable warranty of 20 years is also ided consent off surety to final paymentissued by their bonding companydition,
Recommendation:
City staff recommends that the City Council approve the attached resolution to accept construction
work of, and release final payment for, the 2012 Reroofing Project. The final payment of $32,670
is processed under" Payment of Claims" for the January 28, 2013 meeting ($28,172 under special
projects & $4,498 under water enterprise).
Respec Ily submitted,
Nick DeBar - Public Works Director
RESOLUTION 8057
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ACCEPTING WORK FOR 2012 REROOFING OF COMMUNITY CENTER AND
WATER TREATMENT PLANT
NO. U PROJECT AND
AUT , INC. FINAL PAYMENT
TO
WHEREAS, the City owns sixteen separate facilities totaling over 127,000 square feet
of roofing areas; all of which were inspected and evaluated in 2010 and summarized in a Roof
Management Program, which recommends reroofing of Community Center and Water
Treatment Plant No. 1 to occur in 2012; and
WHEREAS, the City Council authorized INSPEC, Inc. to design and prepare bidding
documents for the 2012 Reroofing of Community Center and Water Treatment Plant No. 1
Project, City Project No. 2011-008, ("Project') on October 10, 2011 (Res. 7837); and
WHEREAS, the City Council approved bidding documents and authorized
advertisement for bids for the Project on January 23, 2012 (Res. 7889); and
WHEREAS, twelve sealed bid proposals were received on February 23, 2012 ranging
from $267,000 to $482,793 for the Project, with the lowest responsible bid submitted by
Rosenquist Construction Inc. of Minneapolis, Minnesota; and
WHEREAS, the City Council awarded a construction contract for the Project to
Rosenquist Construction, Inc. (Rosenquist) for $267,000 on March 12, 2012 (Res. 7914); and
WHEREAS, one change order was executed for $6,210 related to furnishing and
installing tapered insulation on the Community Center to promote better drainage; and
WHEREAS, Rosenquist Construction, Inc. has successfully completed all project
construction and met all other contract requirements for the Project for a final construction
cost of $273,210; and
WHEREAS, City staff and its roofing consultant, Inspec, recommend accepting the
completed construction work and issuing final payment for $32,670 to Rosenquist.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
1. All work completed under the contract between the City and Rosenquist Construction, Inc.
for construction 2012 Reroofing of Community Center and Water Treatment Plant No. 1
Project is hereby accepted and approved.
2. The Finance Director is authorized to issue final payment of $32,670 to Rosenquist
Construction, Inc. for completing construction of the project.
Adopted this 28th day of January, 2013.
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(SEAL)
MOu1vntSVVI EW
City of Mounds View Staff
Item No: 8D
Meeting Date: Januar 28 2 13
Type of Business: Consent A a
Administrator Review:
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director
Item Title/Subject: Resolution 8058, or 2012 Water Tower
Reconditioning Project and' Authorizing ng rk t
Final Payment to Odland
Protective Coatings, Inc.
Background/Discussion:
Odland Protective Coatings, Inc. submitted the lowest responsible bid for $449,800 and was
awarded a construction contract for the 2012 Water Tower Reconditioning Project on March
12, 2012 (Res. 7915). The bidding documents had separate bid schedules for an early
summer and late summer/fall construction schedule. Odland was awarded the late
summer/fall schedule contract which was $109,600 less than the early summer low bid price.
The project began in August 2012 and was substantially complete on October 16, 2012 — the
date that the two-year warrantee period begins.
A construction contingency of $45,000, or 10%, was also approved with the contract award for
an approved construction budget of $494,800. The 2012 Budget included $700,000 for the
water tower reconditioning. One change order was executed for a credit of $1,150 related to a
paint specification change for the logo. The logo paint used is the same paint specification as
the tower base and no change in life expectancy is anticipated. The following is a summary of
the final construction costs:
Original Contract Amount: $ 449,800
Change Orders (1): +( 1,150) credit for logo paint material
construction budget of $494, 800
Final Construction Cost: $ 448,650 $46,150 below
The remaining payment amount owed to Northwest Asphalt is for $1,000.
Recommendation:
Public Works (and KLM Engineering) recommend that the City Council adopt the attached
resolution to accept the construction work and release final payment for the 2012 Water
Tower Reconditioning Project. Odland Protective Coatings has submitted IC -134 forms (as
required for project close-out). The final pay application is being processed under "Payment
of Claims' on tonight's meeting agenda under the water enterprise fund.
Respectfully submitted,
&� p gv_�� -
Nick DeBar - Public Works Director
RESOLUTION 8058
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ACCEPTING WORK FOR 2012 WATER TOWER RECONDITIONING PROJECT AND
AUTHORIZING FINAL PAYMENT TO ODLAND PROTECTIVE COATINGS, INC.
WHEREAS, the 500,000 gallon elevated water tower is twenty years old and in need of
interior/exterior coating replacement and structural modifications and repairs to comply with
current OSHA requirements; and
WHEREAS, KLM Engineering, Inc. of Lake Elmo, Minnesota inspected the water tower in
August 2009 and prepared an inspection report that recommends coating replacement and
structural modifications and repairs to be performed in one to three years (2010-2012); and
WHEREAS, the City Council authorized KLM Engineering, Inc. to perform design services
and prepare plans and specifications jointly with City staff for the reconditioning of the elevated
water tower on February 14, 2011 (Res. 7742); and
WHEREAS, the City Council approved bidding documents and authorized advertisement
for bids for the Project on January 23, 2012 (Res. 7890); and
WHEREAS, sealed bid proposals were received on March 1, 2012 ranging from $559,400
to $683,500 for Bid Schedule A, and $449,800 to $569,400 for Bid Schedule B, for the Project,
with the lowest responsible bid submitted by Odland Protective Coatings, Inc. of Rockford,
Minnesota, for Bid Schedule B; and
WHEREAS, the City Council awarded a construction contract for the Project to Odland
Protective Coatings, Inc. for Bid Schedule B for $449,800 on March 12, 2012 (Res. 7915); and
WHEREAS, one change order was executed for a credit of $1,150 related to a product
substitution for the logo paint; and
WHEREAS, Odland Protective Coatings, Inc. has successfully completed all project
construction and met all other contract requirements for the Project for a final construction cost of
$448,650; and
WHEREAS, City staff and its engineering consultant, KLM, recommend accepting the
completed construction work and issuing final payment for $1,000 to Odland.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View,
Ramsey County, Minnesota as follows:
e City
d Odland
Coatings, Inc.
1 for constuctioneofu2012nder thWater trTo Tact ower Reconditioningween hnPoect isheProtective
All work hereby accepted and
approved.
2. The Finance Director is authorized to issue final payment of $1,000 to Odland Protective
Coatings, Inc. for completing construction of the project.
Adopted this 28th day of January, 2013.
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Administrator
(SEAL)
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING NST 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 numbers:
17495 through 17503 in the amount of $ 25,421.34
132089 through 132181 in the amount of $ 907,604.79
TOTAL AMOUNT OF CLAIMS PRESENTED $ 933,026.13
And has found said claims to be just and correct;
It was moved that the City Council of Mounds View hereby approve the
attached list of claims dated 1/29/2013 by the vote ayes nays.
inance Director
PAGE:
1
DIRECT PAYABLES CHECK REGISTER
1/22/2013 11:29 AM
PACKET:
01013 PYRL 01/24/2013 - 8
VENDOR SET: 01 City of Mounds View
BANK:
PYBNK Western Hank
CHECK
CHECK
CHECK
CHECK
TYPO
DATE
DISCOUNT
AMOUNT
NO#
AMOUNT
�- fR
I.D. NAME
_______________
_________________________________________________________________________
______
A3035
AFLAC
156.10
017495
R
1/24/2013
I-51020130124 RD103 AFLAC
9,97
017495
166.07
R
1/24/2013
I-52020130124 RD103 AFLAC
F6553
Assurant Employee
Benefits
738.70
017496
738.70
R
1/24/2013
I-61020130124 #4041989-1
MN Benefit Association
15.78
M6321
R
1/24/2013
15.78
017497
1-60020130129 MNBF Ins
M7152
MN Child Support
Payment Center
017498
1,050.29
Case #0015244278
KIRK LEITCH R
1/24/2013
1,050.29
I-99520130124
Public Employees
Retirement Asa
P9250
R
1/24/2013
9,119.49
017499
I-00120130124 PERA 643400
13,397.99
017499
R
1/24/2013
I-00220130124 PERP 643400
197.50
017499
22,664.9
R
1/24/2013
I-01020130124 DCP 643400
017500 **VOID**
V
1/24/2013
*VOID*
017500 VOID CHECK
017501 **VOID**
V
1/24/2013
*VOID*
017501 VOID CHECK
g 6
MN Child Support
Payment Cts.
017502
331.37
"I
\
Case #14080268
DARRELL MEYER R
1/24/2013
331.37
I-99820130124
54107
Secure Benefits
Systeme Corp.
267.15
017503
1-50020130124 Flex Medical
R
1/24/2013
017503
454.15
R
1/24/2013
187.00
I-50320130124 Flex Daycare
**
NO#
DISCOUNTS
CHECK AMT
TOTAL
APPLIED
** B A N K T O T A L S
25,421.34
25,421.34
7
0.00
REGULAR CHECKS:
0.000,00
0
0.00
0.00
HANDWRITTEN CHECKS:
0
0.00
0.00
PRE-ViRITE CHECKS:
0.00
p
0.00
0.00
DRAFTS:
0.00
0.00
2
0.00
VOID CHECKS:
0.00
0,00
0
0.00
NON CHECKS:
0.00
0.00
0
0.00
CORRECTIONS:
0.00
25,421.34
25,421.34
HANK TOTALS:
q
1/24/2013 11:46 AM
PACKET: 01018 2 manual Checks
VENDOR SET: 01 City of Mounds View
BANK: APBNK US Bank
VENDOR I.D.
------------------------
01025
I-201301244001
R7258'
1-201301244002
DIRECT PAYABLES CHECK REGISTER.
CHECK CHECK
NAME TYPE DATE
_-------------------------- ---------- -_
Odland Protective Coatings, Inc
2012 Water Tower Reconditionin R 1/29/2013
Roseaquist Construction, Inc.
2012 Reroofing Project R 1/29/2013
** B A N K T O T A L S **
NO#
DISCOUNTS
REGULAR CHECKS:
2
0.00
HANDWRITTEN CHECKS:
0
0.00
PRE -WRITE CHECKS:
0
0.00
DRAFTS:
0
0.00
VOID CHECKS:
0
0.00
NON CHECKS:
0
0.00
CORRECTIONS:
0
0.00
BANK TOTALS:
2
0.00
L_ v d-' PAGE: 1
CHECK CHECK
DISCOUNT AMOUNT NO# AMOUNT
1,000.00
TOTAL APPLIED
132180
1,000.00
0.00
32,670.00
0.00
132181
32,670.00
0.00
CHECK AMT
TOTAL APPLIED
33,670.00
33,670.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
33,670.00 33,670.00
01-24-2013 11:18 AM
C O U N C I L R E P O R T
`y PAGE: 1
City Council
GENERAL FUND
Advisory Commissions GENERAL FUND
4.64
League of Minnesota Cities Ins. Trust 1/13/13 WC 2013 129.00
Timesaver Off Site Secretarial, Inc. 12/03/12 Planning Mtg 1-2, Council 1
TOTAL: 43.64
Timesaver Off Site Secretarial, Inc. 12/03/12 Planning Mtq 1-2, Council 29.001
TOTAL: 29.00
DATE
DESCRIPTION
AMOUNT
DEPARTMENT FUND VENDOR NAME
12/20/12 Seminar Ericso
M.C.M.A.
1/02/13
Refund HVAC
Permit
149.60
1/18/13 Cell Phones
NON -DEPARTMENTAL GENERAL FUND Allan Mechanical, Inc.
Drawing -Sprint
1,500.00
GENERAL FUND
KLM Engineering, Inc.
1/17/13
Antenna
TOTAL:
12/31/12
its Qtr
SurchargeReport312.00
Central Services
GENERAL FUND
MN Dept Labor & Industry
192.00
12/31/12 Postage
12/31/12
4th Qtr
Surcharge Report
Office Depot
12/31/12
4th Qtr
Surcharge Report
96.00
1/15/13 2013 Membersip J.Ericson
12/31/12
4th Qtr
Surcharge Report
325.06
12/31/12
4th Qtr
Surcharge Report
33.70
1/14/13 Office Supplies
12/31/12
4th Qtr
Surcharge Report
31.44
1/13/13 Star Trib Subscription
TOTAL:
2,639.00
City Council
GENERAL FUND
Advisory Commissions GENERAL FUND
4.64
League of Minnesota Cities Ins. Trust 1/13/13 WC 2013 129.00
Timesaver Off Site Secretarial, Inc. 12/03/12 Planning Mtg 1-2, Council 1
TOTAL: 43.64
Timesaver Off Site Secretarial, Inc. 12/03/12 Planning Mtq 1-2, Council 29.001
TOTAL: 29.00
Community Development GENERAL FUND
International Code Council, Inc.
League of Minnesota Cities Ins. Trust
M.A.H.C.O.
Nextel Communications
Permitworks
Print Central
Sprint
City of White Dear Lake
12/28/12 Seminar Reg. J. Anderson
1/13/13 WC 2013
1/15/13 Housing Code Official Rene
1/18/13 Cell Phones
1/18/13 Cell Phones
1/02/13 Software Support Permits
1/16/13 2013 N.Metro Home Show
1/18/13 SCADA
1/10/13 2013 GIS Fees
TOTAL:
Police GENERAL FUND Hennepin County Medical Centex 1/07/13 Education Seminar Demarest
Holiday 1/18/13 Fuel
League of Minnesota Cities Ins. Trust 1/13/13 VTC 2013
Login/IACP-Net 1/15/13 Annual Fee
Steven Menard 1/15/13 Steven Menard-EMT-CPR Clan
Nextel Communications 1/18/13 Cell Phones
Petsmart 1/02/13 Dog Food
Ramsey County Chiefs of Police Associa 1/16/13 2013 Membership Kinney/Men
224.57.
175.00
59.02
458.59
242.11
242.71
715.50
2,000.00
76.92
575.00
4,481.25
491.40
136.75
93.78
36.40
38.94
8,645.94
280.00
312.83
30.00
37.20
39.99-
4,546.67
162.74
26.00
1,224.01_
6,579.46
455.00
2,640.01
10,371.07
500.00
130.00
183.19
40.27
75.00
GENERAL FUND
League of Minnesota Cities Ins. Trust
1/13/13 13
WC 20lopment
City Administrator
12/20/12 Seminar Ericso
M.C.M.A.
Nextel Communications
1/18/13 Cell Phones
TOTAL:
GENERAL FUND
League of Minnesota Cities Ins. Trust
1/13/13 WC 2013
Finance
TOTAL:
12/19/12 D.Crane, J.Ericson, M.Beer
Central Services
GENERAL FUND
Ehlers
Neo£unds by Neopost
12/31/12 Postage
1/14/13 PW Cartridge
Office Depot
Ramsey Coney League of Local Governmen
1/15/13 2013 Membersip J.Ericson
City of Roseville
1/02/13 IT Services Jan
1/02/13 Phone Bill Jan
S & T Office Products, Inc.
1/14/13 Office Supplies
1/17/13 Office Supplies
1/13/13 Star Trib Subscription
Star Tribune
1/17/13 Sun Newspapers
Sun Newspapers
TOTAL:
Community Development GENERAL FUND
International Code Council, Inc.
League of Minnesota Cities Ins. Trust
M.A.H.C.O.
Nextel Communications
Permitworks
Print Central
Sprint
City of White Dear Lake
12/28/12 Seminar Reg. J. Anderson
1/13/13 WC 2013
1/15/13 Housing Code Official Rene
1/18/13 Cell Phones
1/18/13 Cell Phones
1/02/13 Software Support Permits
1/16/13 2013 N.Metro Home Show
1/18/13 SCADA
1/10/13 2013 GIS Fees
TOTAL:
Police GENERAL FUND Hennepin County Medical Centex 1/07/13 Education Seminar Demarest
Holiday 1/18/13 Fuel
League of Minnesota Cities Ins. Trust 1/13/13 VTC 2013
Login/IACP-Net 1/15/13 Annual Fee
Steven Menard 1/15/13 Steven Menard-EMT-CPR Clan
Nextel Communications 1/18/13 Cell Phones
Petsmart 1/02/13 Dog Food
Ramsey County Chiefs of Police Associa 1/16/13 2013 Membership Kinney/Men
224.57.
175.00
59.02
458.59
242.11
242.71
715.50
2,000.00
76.92
575.00
4,481.25
491.40
136.75
93.78
36.40
38.94
8,645.94
280.00
312.83
30.00
37.20
39.99-
4,546.67
162.74
26.00
1,224.01_
6,579.46
455.00
2,640.01
10,371.07
500.00
130.00
183.19
40.27
75.00
01-24-2013 11:18 AM C O U N C I L R E P O R T PAGE: 2
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT
City of Roseville
1/02/13
IT Services Jan
200.00
TOTAL:
14,594.60
GENERAL FUND Anoka County Central Communications
1/17/13
Fire Dispatching Service
3,783.92
Fire
League of Minnesota Cities Ins. Trust
1/13/13
WC 2013
8.08
Spring Lake Park Fire Department
1/16/13
Fire Protection Service Fe
46,884.09
TOTAL:
50,676.09
Park Maintenance GENERAL FUND Beisswenger's Do It Best
12/24/12
Tank Repair on AEBI
5.34
12/31/12
Cable Lock
15.38
1/10/13
Tile Saw Stihl Repair
5.85
1/10/13
Lambert Lock Box - Sealant
9.19
Equipment Distribution Management, Inc
12/28/12
PW #466
138.70
FRA -DOR
8/31/12
Black Dirt
38.48
G & K Services - St. Paul
12/28/12
Mats & Towels
5.31
12/28/12
Uniforms & Clothing
6.71
1/11/13
Mats & Towels
5.31
1/11/13
Uniforms & Clothing
6.83
1/18/13
Mats & Towels
5.58
1/18/13
Uniforms & Clothing
6.75
League of Minnesota Cities Ins. Trust
1/13/13
47C 2013
1,166.56
Manures
12/27/12
Park Supplies
67.07
1/02/13
Supplies
4.66
1/11/13
Lg Thermostat Guard
23.50
Nextel Communications
1/18/13
Cell Phones
114.12
Peter Szurek
12/03/12
Safety Boots P. Szurek
83.01
TOTAL:
1,708.35
Forestry
Public Works Admin
GENERAL FUND
GENERAL FUND
Bldg/Grnds Maintenance GENERAL FUND
4 Seasons Tree Care, Inc. 12/28/12 Tree Service
League of Minnesota Cities Ins. Trust 1/13/13 WC 2013
LexisNexis Dec. Health Solutions 12/31/12 Drug Tests
Nextel Communications 1/18/13 Cell Phones
Clean Tech
G & K Services - St. Paul
League of Minnesota Cities Ins. Trust
Menards
Nextel Communications
Trane
Advanced Disposal - St Paul - G5
7,645.30
TOTAL: 7,645.30
264.11
192.00
54.47
TOTAL: 510.58
1/29/13 Feb Janitorial Service
12/28/12 Mats & Towels
12/28/12 Uniforms & Clothing
1/11/13 Mats & Towels
1/11/13 Uniforms & Clothing
1/18/13 Mats & Towels
1/18/13 Uniforms & Clothing
1/13/13 WC 2013
1/04/13 Prolong Cartridge Filter
1/08/13 Street Supplies
1/18/13 Cell Phones
1/02/13 Service Agreement
12/31/12 2466 Bronson
12/31/12 2401 Hwy 10
TOTAL:
Veh/Equip Maintenance GENERAL FUND A.B.M. Equipment & Supply, Inc. 1/10/13 PW #480 Tanker Repairs
Arden Hills Tire & Service 1/02/13 Police Tires
Auto Plus - Little Canada 1/03/13 Wire Loom Stock
Cutter Sales 12/28/12 PW #124
1,272.88
1.33
1.68
1.33
1.71
1.40
1.69
93.06
19.17
22.97
9.73
705.00
464.76
318.44
2,915.15
1,561.61
464.69
40.61
26.64
01-24-2013 11:18 AM C O U N C I L R E P O R T PAGE: 3
Street Pavement Mgmt GENERAL FUND
Snow & Ice Control GENERAL FUND
Street Sign Maintenanc GENERAL. FUND
VENDOR NAME
Factory Motor Parts Co
G & K Services - St. Paul
League of Minnesota Cities Ins. Trust
Menards
Metro Products, Inc.
Mitchell 1
Nextel Communications
Tousley Ford, Inc.
Steven Vacek
G & K Services - St. Paul
League of Minnesota Cities Ins. Trust
Nextel Communications
Brett Brisbois
G & K Services - St. Paul
League of Minnesota Cities Ins. Trust
Little Falls Machine, Inc.
Nextel Communications
North American Salt Company
Jeff Wienke
PAR -
12/21/12 Oil Filter Stock
1/03/13 011 Filter Stock
12/28/12 Mats & Towels
12/28/12 Uniforms & Clothing
1/11/13 Mats & Towels
1/11/13 Uniforms & Clothing
1/18/13 Mats & Towels
1/18/13 Uniforms & Clothing
1/13/13 WC 2013
12/18/12 PW #134
1/08/13 PSA 9144
12/20/12 20518 Body Clip.
12/31/12 Govt Subscription ondemand
1/18/13 Cell Phones
12/28/12 PD #085
12/28/12 PD #085
12/31/12 ASE Test Fees
TOTAL:
12/28/12 Mats & Towels
12/28/12 Uniforms & Clothing
1/11/13 Mats & Towels
1/11/13 Uniforms & Clothing
1/18/13 Mats & Towels
1/18/13 Uniforms & Clothing
1/13/13 WC 2013
1/18/13 Cell Phones
TOTAL:
12/31/12 Steel Toe Hoots-Brisbois
12/28/12 Mats & Towels
12/28/12 Uniforms & Clothing
1/11/13 Mats & Towels
1/11/13 Uniforms & Clothing
1/18/13 Mats & Towels
1/18/13 Uniforms & Clothing
1/13/13 WC 2013
12/20/12 PW #124
1/18/13 Cell Phones
12/18/12 Salt
12/19/12 Salt
12/31/12 Safety Boots J. Wienke
TOTAL:
G & K Services - St. Paul 12/28/12 Mats & Towels
12/28/12 Uniforms & Clothing
1/11/13 Mats & Towels
1/11/13 Uniforms & Clothing
1/18/13 Mats & Towels
1/18/13 Uniforms & Clothing
League of Minnesota Cities Ins. Trust 1/13/13 WC 2013
Nextel Communications - 1/18/13 Cell Phones
TOTAL:
Convention/Visitor Bur GENERAL FUND City of Blaine 12/31/12 Hotel Motel Dec Tax
12/31/12 Skyline Dec Hotel Motel Is
11.50
48.78
3.19
4.03
3.19
4.10
3.35
4.05
227.20
4.01
125.60
10.27
1,608.00
22.69
611.66
106.88-
160.86
4,839.15
5.31
6.71
5.31
6.83
5.58
6.75
1,094.25
69.38
1,200.12
28.00
5.84
7.38
5.84
7.51
6.14
7.43
943.30
400.32
44.09
8,536.15
2,156.53
17.00
12,165.53
2.13
2.68
2.13
2.73
2.23
2.70
339.05
15.56
369.21
243.19
1.195.11
01-29-2013 11:18 AM
C 0 U N C I L R E P O R T PAGE: 4
GATE DESCRIPTION
AMOUNT
DEPARTMENT
FOND VENDOR NAME
-
12/31/12 Americium Dec Hotel Tax
1,897.66
TOTAL:
3,333.96
League of Minnesota Cities Ins. Trust
1/13/13 41C 2013
59.20
Recreation
Cable
12/31/12 4th Qtr 41ebst reaming
918.00
North Suburban Access Corporation
TOTAL:
977.20
& Vehicle Services Div.
1/16/13 A lication Forfeited Vehi
pp
107.50
Police
Forfeiture Driver
TOTAL:
107.50
12/19/12 H.Steimetz
238.50
Economic Development
Econ Dev Authority Ehlers
2013
101.36
League of Minnesota Cities Ins. Trust
1/13/13 WC
TOTAL:
339.86
1/23/13 Refund Event Ctr Rental
121.50
NON -DEPARTMENTAL
Community Center O Breanna Lutz
TOTAL:
121.50
1/29/13 Feb Janitorial Service
469.18
Recreation
Community Center 0 Clean Tech
Towels
3.98
G & K Services - St. Paul
12/28/12 Mats &
12/28/12 Uniforms & Clothing
5.03
1/11/13 Mats & Towels
3.98
1/11/13 Uniforms & Clothing
5.12
1/18/13 Mats & Towels
4.19
1/18/13 Uniforms & Clothing
5.06
League of Minnesota Cities Ins. Trust
1/13/13 WC 2013'
346.69
Nextel Communications
1/18/13 Cell Phones
28.53
Northern Sanitary Supply
1/07/13 Supplies
193.87
1/02/13 IT Services Jan
100.00
City of Roseville
315.56
Advanced Disposal - St Paul - GS
12/31/12 5394 Edgewood Dr.
Viking Electric Supply, Inc.
12/31/12 Comm Ctr Blank Plate, Swit
57.27
12/31/12 Pest Control
56.13
Wil-Kil
TOTAL:
1,594.59
12/14/12 Napkins, Tablecloth
8.24
Banquet Center
Community Center 0 Ameripride Services
101.72
12/21/12 Mat
12/21/12 Napkins, Tablecloth
8.24
12/31/12 Napkins
8.24
1/04/13 Napkins
8.24
1/11/13 Tablecloth
33.67
1/18/13 Mat
95.63
1/18/13 Tablecloth
8.24
12/21/12 Tablecloths
26.59
12/28/12 Tablecloth
19.14
1/04/13 Tablecloth
31.91
-
1/18/13 Tablecloth
42.55
Cities
12/31/12 4th Qtr Event Ctr Labor
2,123.13
YMCA of Greater Twin
2,515.54
TOTAL:
12/21/12 Pigtail in Panel In Comm C
106.00
Community Center 0 Musks Electric Company
106.00
YMCA
TOTAL:
Lakeside Park League of Minnesota Cities Ins. Trust 1/13/13 WC 2013
29.69
Recreation
1/16/13 2012 Exp -Lakeside Lions Pa
4,411.00
City of Spring Lake Park
149.18
1/16/13 2012 Exp -Lakeside Lions Pa
TOTAL:
4,584.87
PAGE:
5
C 0 U N C I L RE P ORT
O1-29-2013 11:18 AM
DATE DESCRIPTION
AMOUNT
DEPARTMENT
FUND
VENDOR NAME
Recycling Grant
League of Minnesota Cities Ins. Trust
1/13/13 VIC 2013
13.59
3ecycling
TOTAL:
13.54
-
12/19/12 TIF Pmt PAYGO Note
243.75
Economic Development
Tax Increment Dist
Ehlers
1/15/13 Medtronic, Inc. -Series 200
93,389.69
Medtronic, Inc.
1/15/13 Medtronic, Inc. -Series 200
586,839.08
TOTAL:
630,462.47
12/31/12 Lambert Park Landscape
26,015.00
Street Pavement Mqmt
Park Dedication
True North Landscaping
TOTAL:
26,015.00
12/31/12 Camera in Tahoe
726.13
INVALID DEPARTMENT
Vehicle/equip Repl
Pxovantage
Proton
354.18
12/31/12 Camera Tahoe Damage
12/31/12 Camera in tahoe Warranty
2,642.67
TOTAL:
3,722.98
12/19/12 Retro Commissioning
1,909.50
Community Development
Special Projects
L.H.B.
TOTAL:
1,909.50
Street Improvement
Braun Intextec Corporation
12/31/12 2012 Area E Streets
149.00
Street Pavement Mg -t
TOTAL:
149.00
MISC VENDOR RENOVATIONS LL
1/16/13 06-1090-01
8.56
NON -DEPARTMENTAL
Water
1/16/13 12-0740-00
44'96
HOSTESS BRANDS
HOSTS
TOTAL:
.53.52
League of Minnesota Cities Ins. Trust
1/13/13 WC 2013
54.61
Administration
Water
TOTAL:
54.61
Beisswengex's Do It Best
11/28/12 Water Supplies
19.08
Utility Distribution
Water
1/11/13 Parts Well #5
5.54
12/31/12 Steel Toe Boots-Brisbois
138.22
Brett Brisbois
10.09
G & K Services - St. Paul
12/28/12 Mats & Towels
12/28/12 Uniforms & Clothing
12.75
1/11/13 Mats & Towels
10.09
1/11/13 Uniforms & Clothing
12.98
1/18/13 Mats & Towels
10.60
1/18/13 Uniforms & Clothing
12.83
Gopher State One -Call, Inc.
12/31/12 39 Email Tickets
32.00
1/10/13 Annual Fee
50.00
League of Minnesota Cities Ins. Trust
1/13/13 WC 2013
,404.90
1/18/13 Cell Phones
121.90
Nextel Communications
39.99 -
1/18/13 Cell Phones
Dave Perkins Contracting, Inc.
12/28/12 5205 Sunnyside Road
3,249.00
T. A. Schifsky and Sons
1/03/13 Recycled Base
271.44
1/18/13 SCADA
26.00
Sprint
475.70
Water conservation Service, Inc.
12/31/12 Leak Locate
-5,823.13
TOTAL:
1/03/13 Hawkins, Inc.
1,081.00
Water Production
Water
Hawkins, Inc.
1/07/13 Chlorine
3,971.02
Instrumental Research, Inc.
12/28/12 Water Testing
80.00
TOTAL:
5,132.02
League of Minnesota Cities Ins. Trust 1/13/13 VIC 2013
59.61
Administration
Wastewater
TOTAL:
54.61
01-24-2013 11:18 AM C O U N C I L R E P O R T PAGE: 6
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT
Utility Distrbution Wastewater
Street Lighting
Surface Water
Street Cleaning
Aggressive Hydraulics, Inc
Auto Plus - Little Canada
Fastenal Company
G & K Services - St. Paul
Gopher State One -Call, Inc
League of Minnesota Cities Ins. Trust
Metro Council Environmental Service
Nextel Communications
Print Central
Jeff Wienke
1/02/13 PW #734
12/06/12 Grease Groveland Lift Stat
12/13/12 Supply
12/28/12 Mats & Towels
12/28/12 Uniforms & Clothing
1/11/13 Mats & Towels
1/11/13 Uniforms & Clothing
1/18/13 Mats & Towels
1/18/13 Uniforms & Clothing
12/31/12 39 Email Tickets
1/10/13 Annual Fee
1/13/13 GIC 2013
1/03/13 Wastewater Feb
1/18/13 Cell Phones
1/02/13 2013 Street Project Area F
12/31/12 Safety Boots J. Wienke
TOTAL:
Street Lighting League of Minnesota Cities Ins. Trust 1/13/13 WC 2013
Surface Water Nick Fleischhacker
G & K Services - St. Paul
League of Minnesota Cities Ins. Trust
Nextel Communications
Surface Water Brett Brisbois
Fastenal Company
G & K Services - St. Paul
League of Minnesota Cities Ins. Trust
MacQueen Equipment, Inc.
TOTAL:
12/14/12 Safety Boots N. Fleischhak
12/28/12 Mats & Towels
12/28/12 Uniforms & Clothing
1/11/13 Mats & Towels
1/11/13 Uniforms & Clothing
1/18/13 Mats & Towels
1/18/13 Uniforms & Clothing
1/13/13 NO 2013
1/18/13 Cell Phones
TOTAL:
12/31/12 Steel Toe Boots-Brisbois
12/14/12 Supplies
12/28/12 Mats & Towels
12/28/12 Uniforms & Clothing
1/11/13 Mats & Towels
1/11/13 Uniforms & Clothing
1/18/13 Mats & Towels
1/18/13 Uniforms & Clothing
1/13/13 WC 2013
12/27/12 PW #245
TOTAL:
213.31
33.33
10.03
10.09
12.75
10.09
12.98
10.60
12.83
32.00
50.00
1,262.68
68,022.21
119.96
22.44
122.00
69,957.30
4.37
4.37
171.99
5.05
6.38
5.05
6.49
5.30
6.41
872.74
47.98
1,127.39
17.77
3.23
0.81
1.02
0.81
1.02
0.83
1.00
144.18
138.44
309.11
01-24-2013 11:18 AM C O U N C I L R E P O R T PAGE: 7
DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT
------
===_===== FUND TOTALS =---------
-----___--
100
GENERAL FUND
118,799.18
210
Cable
977.20
225
Forfeiture
107.50
230
Econ Dev Authority
339.86
252
Community Center Oper.
4,337.63
255
Lakeside Park
4,584.87
290
Recycling Grant
13.54
450
Tax Increment District 5
630,462.47
451
Park Dedication
26,015.00
460
Vehicle/equip Replacement
3,722.98
480
Special Projects
1,909.50
485
Street Improvements
149.00
700
Water
11,063.28
730
Wastewater -
70,011.91
740
Street Lighting
4.37
745
Surface Water
1,436.50
GRAND TOTAL: 873,934.79
TOTAL PAGES: 7
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
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PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
December 10, 2012
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:00 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn.
NOT PRESENT: None.
4. APPROVAL OF AGENDA
A. Monday, December 10, 2012, City Council Agenda.
Mayor Flaherty requested the agenda be amended to add Item 6A to Special Order of Business.
MOTION/SECOND: Mueller/Hull. To Approve the Monday, December 10, 2012, agenda as
amended.
Ayes — 5
5. PUBLIC INPUT
Nays — 0 Motion carried.
Gary Meehlhause, 7400 Parkview Drive, thanked Council Member Stigney for his years of
dedicated service to the City of Mounds View. He also thanked Council Member Stigney for his
honesty and integrity. He explained that Council Member Stigney's 16 years on the Council and
eight years on the Charter Commission exemplified his commitment to the community. He
wished Council Member Stigney continued good health.
6. SPECIAL ORDER OF BUSINESS
A. RECOGNITION OF ROGER STIGNEY
Mayor Flaherty presented Council Member Roger Stigney with a plaque for his outstanding years
of service to the City of Mounds View. A round of applause was offered to Council Member
Stigney.
Mounds View City Council December 10, 2012
Regular Meeting Page 2
1 Council Member Stigney indicated he was glad to serve the community and thanked the residents
2 for their support.
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4 7. COUNCIL BUSINESS
5 A. 7:00 p.m. Public Hearing — 2013 Tax Levy and Budgets for All Funds.
6 1. Resolution 8029 Adopting the 2013 Tax Levy.
7 2. Resolution 8030 Adopting the 2013 Budgets for All Funds.
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9 Finance Director Beer explained the budget process began in June of this year. After developing
10 priorities, a preliminary budget was approved by the Council in September with no levy increase.
11 He commended the Council for working to achieve another budget with no levy increase. Staff
12 recommended approval of the 2013 tax levy and budgets for all funds.
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14 Mayor Flaherty opened the public hearing at 7:08 p.m.
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16 Hearing no public input, Mayor Flaherty closed the public hearing at 7:08 p.m.
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18 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8029
19 Adopting the 2013 Tax Levy.
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21 Council Member Mueller asked if the tax levy information would be posted on the City's
22 website. Finance Director Beer commented the information was already on the website and
23 available to the residents.
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25 Mayor Flaherty thanked staff and Council for coming together to work diligently on this year's
26 budget.
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28 Ayes — 5 Nays — 0 Motion carried.
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3o Finance Director Beer commented the Council discussed the 2013 budget for all funds at a
31 previous work session. He explained the water utility budget would have two items carry over
32 from 2012 to 2013. He noted a trailer mounted generator would also be carried over to the Waste
33 Water Budget. He indicated funds were available to cover these expenses. Staff recommended
34 approval of the 2013 budgets for all funds.
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36 Mayor Flaherty questioned if $5,000 was needed to complete the microfiche scanning. City
37 Administrator Ericson recommended the Council set aside $5,000 in 2013 to allow staff to finish
38 this task.
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40 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8030
41 Adopting the 2013 Budgets for All Funds.
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43 Council Member Stigney stated Mounds View had a $5.6 million budget for 2013. He thanked
44 Mayor Flaherty for overseeing the budget process and for assisting with curtailing expenses.
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Ayes — 5 Nays — 0 Motion carried.
B. 7:00 p.m. Public Hearing to Consider Ordinance 875 First Reading and
Introduction of a Franchise Agreement with Xcel Energy for Natural Gas
Operations in Mounds View.
Finance Director Beer indicated a final agreement has not been reached with Xcel Energy for
natural gas operations with the City of Mounds View. He recommended the Council open the
public hearing and that it be continued to a future meeting.
Mayor Flaherty opened the public hearing at 7:18 p.m.
Mayor Flaherty questioned what had changed in the agreement that led to the delay. City
Attorney Riggs explained Xcel did not agree with some regulatory ruling language. He indicated
Xcel concurred to extend the present agreement for three months to allow for the language to be
revised. He recommended the Council continue the public hearing to the January 28, 2013
meeting.
MOTION/SECOND: Flaherty/Mueller. To continue the Public Hearing for the Xcel Energy
Franchise Agreement for Natural Gas Operations in Mounds View to January 28, 2013.
Ayes — 5 Nays — 0 Motion carried.
C. 7:00 p.m. Public Hearing to Consider Ordinance 876 First Reading and
Introduction of a Franchise Agreement with Xcel Energy for Electric
Operations in Mounds View.
Finance Director Beer indicated a final agreement has not been reached with Xcel Energy for
electric operations with the City of Mounds View. He recommended the Council open the public
hearing and that it be continued to a future meeting.
Mayor Flaherty opened the public hearing at 7:21 p.m.
MOTION/SECOND: Flaherty/Stigney. To continue the Public Hearing for the Xcel Energy
Franchise Agreement for Electric Operations in Mounds View to January 28, 2013.
Ayes — 5 Nays — 0 Motion carried.
D. Resolution 8033, Authorizing a Step Wage Adjustment for Sergeant
Benjamin Zender, Mounds View Police Department.
Assistant City Administrator Crane indicated Sergeant Ben Zender was employed by the Mounds
View Police Department and his supervisor Deputy Chief Stephen Manard has reviewed his
performance and determined it to be satisfactory. Therefore, to remain in alignment with the
LELS labor agreement a step wage adjustment was necessary and would be effective December
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Mounds View City Council December 10, 2012
Regular Meeting Page 4
14, 2012.
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8033,
Authorizing a Step Wage Adjustment for Sergeant Benjamin Zender, Mounds View Police
Department.
Ayes — 5 Nays — 0 Motion carried.
E. Resolution 8034, Approving Severance for Officer Greggory Neumann,
Mounds View Police Department.
Assistant City Administrator Crane indicated Officer Neumann submitted a letter of resignation
with the Mounds View Police Department. His last day of employment was November 22, 2012.
She recommended the Council authorize severance to Officer Neumann in accordance with the
LELS labor agreement. She noted this would be a payout of $1,025 to his retirement health
savings plan and $4,839.99 for his vacation time.
Council Member Mueller questioned how many years Officer Neumann has been employed with
the City of Mounds View. Assistant City Administrator Crane stated Officer Neumann has been
with the City since 2010.
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8034,
Approving Severance for Officer Greggory Neumann, Mounds View Police Department.
Ayes — 5 Nays — 0 Motion carried.
F. Resolution 8035, Setting the 2013 City Council Meeting Dates, Staff Retreat
and the 2013 Town Hall Meeting.
Assistant City Administrator Crane requested the Council approve the 2013 City Council
meeting dates, staff retreat and the 2013 town hall meeting. She reviewed the holidays, which
conflicted with future Council meetings noting these meetings would be moved from Monday to
Tuesday. She recommended the Council discuss a meeting date for the Staff Retreat and select a
location. She noted the Oath of Offices would be administered on January 7, 2013.
Council Member Mueller was in favor of holding the Staff Retreat on February 5th at the
Community Center.
Council Member Gunn suggested the Staff Retreat instead be held at Lambert Park.
The Council agreed to hold the Staff Retreat on Tuesday February 5th at Lambert Park.
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8035,
Setting the 2013 City Council Meeting Dates, Staff Retreat, and the 2013 Town Hall Meeting.
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Mounds View City Council December 10, 2012
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Ayes — 5 Nays — 0 Motion carried.
G. Resolution 8036, Approving Various Appointments to City Commissions and
Committees.
Assistant City Administrator Crane explained the City had term seats expiring on December 31,
2012 for various commissions and committees. Staff sent out applications to present members
along with advertising these vacancies on the City's website. For the Parks and Recreation
Commission, staff received two reappointment applications and one new application. Staff
recommended reappointing John Kroeger and Darren Peterson to the Parks and Recreation
Commission.
Assistant City Administrator Crane indicated for the Planning Commission, staff received two
reappointment applications and two new applications. The Planning Commission recommended
the appointment of Paul Schiltgen, Holly Smith, John Elofson, and Cindy Carvelli-Yu to serve as
Planning Commissioner's in 2013, with Holly Smith filling the two year term vacated by Gary
Meehlhause.
Assistant City Administrator Crane indicated Robin Marion resigned his position on the Police
Civil Service Commission. She explained the City received two new volunteer applications and
neither were recommended for this position. Staff recommended the Council appoint a member
to this position.
Assistant City Administrator Crane indicated the Streets and Utilities Committee received one
application and the group has two vacancies. Paul Schiltgen was interested in serving on this
Committee and the appointment would have to be made by the Council. Staff recommends
approval of Resolution 8036 approving the various appointments.
Council Member Mueller noted there were several new applications submitted for positions that
were filled by incumbents. She questioned how these members could serve the community.
Assistant City Administrator Crane indicated she could make these applicants aware of the
openings on other committees.
Council Member Hull asked what the Police Civil Service Commission oversees. City
Administrator Ericson explained the Commission oversaw the operation of the police department
and made recommendations for eligibility lists. He indicated this group meets as needed, such as
review applications for new hires.
Mayor Flaherty suggested the second candidate be interviewed by the Police Civil Service
Commission and a recommendation be made prior to making an appointment. Assistant City
Administrator Crane indicated the Council had the right to make the appointment without a
recommendation. She explained the Police Department would begin the hiring process and
needed another member.
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Council Member Stigney recommended the appointment hold off until an interview was
completed.
Council Member Hull did not want to delay the hiring process for the Police Department and
suggested the appointment be made.
Council Member Mueller stated the other applicant was well known to the community and
worked for the department. She was confident the Council should move forward with the
appointment.
Council Member Gunn supported the appointment of Mr. Broos to assure there were no delays in
the hiring process.
Mayor Flaherty understood the importance of this committee. He stated he wassimplyhying to
protect the position and valued recommendations from the various committees and commissions.
He stated after reviewing the application submitted by Steven Katovich, he was in favor of
appointing this gentleman to the Park and Recreation Commission.
MOTION/SECOND: Flaherty/Hull. To appoint Steven Katovich to the Park and Recreation
Commission and direct staff to increase the Park and Recreation Commission size to nine
members.
Ayes — 5 Nays — 0 Motion carried.
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 8036,
Approving Various Appointments to City Commissions and Committees as amended.
Ayes — 5 Nays — 0 Motion carried.
H. Resolution 8031, Approving Building Automation System Improvements at
the Community Center.
Public Works Director DeBar stated the Community Center has had issues with its HVAC
system. These issues relate back to when the building was originally constructed. He stated
public works has met with mechanical contractors over the past few years and each has
mentioned the need for a new building automation system (BAS). He explained how the
building automation system would improve the operation of the HVAC unit at the Community
Center. Staff recommended approval of the BAS improvements for an expense of $21,605 plus
taxes.
Council Member Mueller asked if the existing equipment would be replaced. Public Works
Director DeBar stated this was the case. The new equipment was a huge upgrade and would
control the heating and cooling at the Community Center. He stated the Trane system had
cutting edge technology and was more user friendly.
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Mounds View City Council December 10, 2012
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Council Member Gunn asked if the City would be locked into Trane mechanical equipment with
this purchase. Public Works Director DeBar explained this was not the case as the City did not
want to be locked into one manufacturer. He noted the unit was also expandable.
Mayor Flaherty was pleased that the one server would be able to tie in the services for both City
Hall and the Community Center. He indicated this control system would improve the air quality
for both buildings.
Finance Director Beer questioned when the work would be completed. Public Works Director
DeBar anticipated the work would be completed in 2012 but would be billed in 2013.
Finance Director Beer indicated if the work was not billed until 2013, a budget amendment may
be required. It would depend on when the work was substantially complete.
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8031,
Approving Building Automation System Improvements at the Community Center.
Ayes — 5 Nays — 0 Motion carried.
I. Resolution 8032, Authorizing Additional Expenditures for Repairs and
Improvements to the Gymnasium Floor at the Community Center.
Public Works Director DeBar explained recently one of the drinking fountains in the gymnasium
leaked onto the gymnasium floor overnight at the Community Center. At the November 26`h
meeting the Council approved repairs to the floor for an amount not to exceed $12,000. After the
contractor began work on December 3`a, more water was discovered under the flooring along
with curled boards. This meant one-half to one-third of the gymnasium floor would have to be
replaced. He explained with the new damage and added expense for the repairs, an insurance
claim was started, and a restoration specialist was contacted for the floor.
Public Works Director DeBar stated the restoration specialist has been working to dry out the
area. He explained a new quote was provided by the flooring contractor to cover the scope of the
damaged floor. He indicated only the flooring that was damaged would be removed and
replaced.
Council Member Mueller stated the original estimate was to replace a 20' x 30' area of flooring.
She questioned the size of the area that was now torn up. Public Works Director DeBar
estimated the size to be double or triple the original estimate. He stated the gym was 9,000
square feet in size and only about 2,000 square feet have been affected.
Mayor Flaherty was pleased that the League of Minnesota Cities was contacted and that a
restoration specialist was contacted. He questioned if the restoration efforts failed, if the
expenditure would count towards the City's deductible. Public Works Director DeBar stated this
was the case.
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Mounds View City Council December 10, 2012
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Council Member Mueller thanked staff for contacting the insurance provider to assist the City
with this entire unforeseen situation.
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8032,
Authorizing Additional Expenditures for Repairs and Improvements to the Gymnasium Floor at
the Community Center.
Ayes — 5 Nays — 0 Motion carried.
8. CONSENT AGENDA
A. Resolution 8037, Approving the Recording Secretary Service Agreement with
TimeSaver Off Site Secretarial, Inc.
B. Resolution 8038, Approving a Contract with Greater Metropolitan Housing
Corporation (GMHC) for Housing Resource Center (HRC) Services.
C. Set a Public Hearing for January 14, 2013, at 7:00 p.m. to Consider the
Revocation of a Conditional Use Permit Issued to Tires and More located at
2832 County Road 10.
MOTION/SECOND: Stigney/Flaherty. To Approve the Consent Agenda as presented.
Ayes — 5
9. JUST AND CORRECT CLAIMS
Nays — 0 Motion carried.
Finance Director Beer answered the Council's questions related to claims.
MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as presented.
Ayes — 5 Nays — 0 Motion carried.
10. APPROVAL OF MINUTES
A. November 13, 2012, City Council Meeting Minutes.
Council Member Mueller requested a correction on Page 2, Lines 8, 10, 29, and 30 removing
Mayor Flaherty from the minutes and replacing it with Acting Mayor Mueller.
MOTION/SECOND: Mueller/Hull. To Approve the November 13, 2012, City Council meeting
minutes as corrected.
Ayes — 5 Nays — 0 Motion carried.
11. REPORTS
A. Reports of Mayor and Council.
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Council Member Mueller explained the Mounds View Business Council would be meeting on
Wednesday December 12, 2012 at 7:30 a.m. at the Mounds View Community Center.
Council Member Mueller reported on January 13, 2013 the City would be holding a community
Tupperware Party fundraiser to assist in offsetting expenses for the City's K-9 unit. The event
would be held at the Community Center from 1:00-3:00 p.m. Those interested in assisting with
this event should contact City Hall.
Council Member Mueller stated the Ralph Reeder Food Shelf needed support through the
holidays. Donations could be dropped off at the food shelf, fire department, and local places of
worship.
Council Member Mueller commented she received several complaints regarding the route for this
year's Santa parade. She apologized for the confusion but noted the changes were made to
reduce expenses for the fire department.
Council Member Mueller noted she received an anonymous letter from a member in the
community challenging her to take action. She was discouraged that the letter was not signed
and would not be able to respond to the concerns. She expressed great fiustration with the letter
and the threats directed towards her as this was not done in the spirit of partnership. She
encouraged all residents with concerns, or a desire to speak with City staff, to bring their
concerns to City Hall or the Police Department. She encouraged the member of the community
to come forward, speak with her directly, and cease the anonymous letters. Council Member
Mueller stated this letter would be turned over to Police Chief Kinney.
Mayor Flaherty stated there was a significant snow event this past weekend. He thanked the
public works department for clearing the streets in such an efficient manner. He encouraged the
residents to keep the fire hydrants and mailboxes clear.
Mayor Flaherty thanked Staff, the Council and the residents of Mounds View for the last year.
He thanked Council Member Stigney again for his fine service to the community.
B. Reports of Staff.
1. Motion to Consider Cancelation of the December 26, 2012, City Council.
City Administrator Ericson recommended the Council cancel the December 26, 2012 City
Council meeting as there were no issues pending and the second meeting would not be required.
MOTION/SECOND: Mueller/Stigney. To cancel the December 26, 2012 City Council meeting.
Ayes — 5 Nays — 0 Motion carried.
City Administrator Ericson commented the City has a company interested in renting two offices
or 330 square feet at the Community Center. He noted the company worked with handicap
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Mounds View City Council December 10, 2012
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accessibility and questioned if the Council was in favor of moving forward with a new lease.
The Council supported moving forward with the lease.
City Administrator Ericson stated the Housing Inspector/Code Enforcement/Fire Marshal
position has been reviewed with Jeremiah Anderson and all was going well at this time. Staff
recommended that Mr. Anderson continue at this position with the extra responsibilities and
make a determination regarding appropriate compensation for the added duties. This item would
be further discussed by the Council at the January work session.
City Administrator Ericson thanked Council Member Stigney for his clear direction and service
to the City of Mounds View over the past 16 years.
Council Member Stigney wished everyone a Merry Christmas and Happy New Year.
Mayor Flaherty also wished everyone a safe and Happy Holidays.
C. Reports of City Attorney.
City Attorney Riggs thanked the Council for a great year. He too thanked Council Member
Stigney for his service to the community.
12. Next Council Work Session: Monday, January 7, 2013, at 7:00 p.m.
Next Council Meeting (Special): Monday, January 7, 2013, at 7:00 p.m.
13. ADJOURNMENT
The meeting was adjourned at 8:49 p.m.
Transcribed by:
Heidi Guenther
TimeSaver Off Site Secretarial, Inc.
I PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
2 CITY OF MOUNDS VIEW
3 RAMSEY COUNTY, MINNESOTA
4
5 Special Meeting
6 January 7, 2013
7 Mounds View City Hall
8 2401 Highway 10, Mounds View, MN 55112
9 7:00 P.M.
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12 1. MEETING IS CALLED TO ORDER
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14 2. PLEDGE OF ALLEGIANCE
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16 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller
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18 NOT PRESENT: None.
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20 4. APPROVAL OF AGENDA
21 A. Monday, January 7, 2013, City Council Agenda.
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23 MOTION/SECOND: Mueller/Hull. To Approve the Monday, January 7, 2013, agenda as
24 presented.
iF
26 Ayes — 5 Nays — 0 Motion carried.
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28 5. PUBLIC INPUT
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30 Dave Shoop, 2186 Lambert Avenue, expressed concern with the number of semi -trucks using
31 Quincy Street. He indicated this heavy traffic was wearing away the road and creating safety
32 concerns. He presented the Council with a petition signed by every neighbor on Quincy Street
33 and requested the Council look into this matter. Mr. Shoop suggested signs be posted to
34 discourage truck traffic.
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36 Mayor Flaherty thanked Mr. Shoop for bringing this concern to the City and indicated the
37 Council would pass along this concern to Staff. He suggested Economic Development Specialist
38 Steinmetz draft a letter to business owners near Quincy Street to ensure they understand this
39 roadway was not meant for truck traffic.
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41 6. SPECIAL ORDER OF BUSINESS
42 A. Oath of Office for Mayor Joe Flaherty
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44 City Administrator Ericson administered the oath of office to Mayor Joe Flaherty. Those present
45 offered a round of applause.
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B. Oath of Office for Council Member Sherry Gunn
City Administrator Ericson administered the oath of office to Council Member Sherry Gunn.
Those present offered a round of applause.
C. Oath of Office for Council Member Gary Meehlhause
City Administrator Ericson administered the oath of office to Council Member Gary Meehlhause.
Those present offered a round of applause.
7. COUNCIL BUSINESS
A. Resolution 8039, Selection of the Acting Mayor, Treasurer and Official
Depositories for 2013.
Assistant City Administrator Crane stated in accordance with State Statute the City had to
annually select an Acting Mayor, Treasurer and official depository on a yearly basis. Staff
recommended the Council select an Acting Mayor and adopt the Resolution.
Council Member Mueller volunteered to serve as the Acting Mayor.
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8039,
Selection of the Acting Mayor, Treasurer and Official Depositories for 2013.
Ayes — 5 Nays — 0 Motion carried.
B. Resolution 8040, Appointing City Council Members and City Staff as
Representatives for City Commissions and Other Organizations.
Assistant City Administrator Crane stated on an annual basis, the Council reviews the various
Council and Staff appointments to City commissions and other organizations. Staff
recommended the Council discuss the appointments and adopt the Resolution.
Mayor Flaherty noted the representatives for the Ramsey County League of Local Government
were Council Member Mueller and City Administrator Ericson.
City Administrator Ericson encouraged all Councilmembers to attend the Ramsey County League
of Local Government meetings as they provided great training and networking opportunities.
Mayor Flaherty commented the representatives for the Spring Lake Park/Blaine/Mounds View
Fireman's Relief Association were Council Member Gunn and City Administrator Ericson.
Mayor Flaherty stated the Human Resources Committee would consist of Council Member Hull,
Council Member Meehlhause, City Administrator Ericson and Assistant City Administrator
Crane.
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Mayor Flaherty indicated the Minnesota Metro North Tourism Committee would be represented
by Economic Development Specialist Heidi Steinmetz and City Administrator Ericson.
Mayor Flaherty noted the Northwest Youth and Family Services would be represented by
Council Member Meehlhause and Mayor Joe Flaherty would serve as the alternate.
Mayor Flaherty explained the League of Minnesota Cities and the North Metro Mayors
Association were both represented by himself and City Administrator Ericson.
Mayor Flaherty indicated the YMCA Advisory Committee would be represented by Council
Member Gunn and City Administrator Ericson.
Council Member Mueller suggested the Mounds View Business Counsel have representation
from the City Council. She volunteered for this position.
Council Member Meehlhause stated he was willing to also be present at these meetings.
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8040,
Appointing City Council Members and City Staff as Representatives for City Commissions and
Other Organizations as amended.
Ayes — 5 Nays — 0 Motion carried.
Council Member Mueller noted the Mounds View Business Counsel was meeting on Wednesday
morning at 7:30 a.m. at the Community Center. In addition, she noted the Minnesota Women in
City Government meeting would be held on Saturday at the LMC office from 9:30 to 11:30 a.m.
Council Member Mueller stated a city-wide Tupperware party fundraiser would be held on
January 13, 2013 from 1:00-3:00 p.m. at the Mounds View Community Center. All proceeds
from the event would assist with the care, feeding and training of the City's K9 unit.
City Administrator Ericson announced he would be attending a MnDOT Transportation update
meeting tomorrow morning. He would provide an update to the Council.
City Administrator Ericson asked who would be attending the League of Minnesota Cities
Conference in February along with Council Member Meehlhause. Council Members Mueller
and Gunn both expressed interest in the event.
City Administrator Ericson noted Sergeant Bob Nelson has submitted his retirement notice. He
would be retiring on February 27, 2013.
Council Member Mueller asked if there were any openings on the various Commissions and
Committees in the City. City Administrator Ericson stated Parks and Ree had one opening along
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Mounds View City Council January 7, 2013
Regular Meeting Page 4
with openings on the Charter Commission and Sheets Committee. Those interested could
submit an application at City Hall.
8. Next Council Work Session:
Next Council Meeting:
9. ADJOURNMENT
The meeting was adjourned at 7:34 p.m.
Transcribed by:
Heidi Guenther
TimeSaver Off Site Secretarial, Inc.
Immediately following this meeting
Monday, January 14, 2013, at 7:00 p.m.
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402-1458
(612) 337-9300 telephone
(612) 337-9310 fax
http://Nvww.ketinedy-graven. com
Affirmative Action, Equal Opportunity Employer
ScoTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriags@keniiedy-praveii.com
Date: January 24, 2013
To: James Ericson, City Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters.
Review Score Agreement and provide comments to Jim Ericson. Matters are
presently pending.
MU210-35: Community Center. Review proposed lease. Revise proposed lease and consult
with City staff regarding same. Matter is presently pending.
MU210-54 City Code Updates. Work on updating City Code. Consult with City staff
regarding same. Matter is presently pending.
MU210-111: Personnel Matters. Consult with City staff regarding request for intermittent
FMLA leave. Matter is presently pending.
MU210-119: Velmeir/CVS Subdivision [MU210-203 -- Silver Lake Road and Couny 10
Intersection Project]. Review and revise easement and consent and joinder.
Consult with City staff regarding same. Matter is presently pending.
MU210-164: Utility Franchise Matters. Consult with City staff regarding Xcel franchise
renewal. Revise proposed Franchise and forward to Xcel and City staff for
comment. Draft ordinances and forward to City staff. Work with City staff and
Xcel Energy regarding follow-up issues. Matter is presently pending.
417900v2 SJR MU125-11
Jim Ericson
January 24, 2013
Page 2
MU210-189: Coventry Senior Living Project. Review additional items necessary to fmalize
and record the plat. Revise instruction letter to title company. Review
Development Agreement. Matter is presently pending.
MU210-202: Health Care Facility Revenue Note (Apple Tree Dental). We are in the middle of
the process for issuing tax exempt 501(c)(3) conduit revenue bonds for Apple
Tree Dental Clinic. At this point, public hearings have been conducted and the
project is on hold until the Borrower makes a deal with a bank. Consult with City
staff. Matter is presently pending.
W210-206: 8379 Red Oak Drive. Draft and revise purchase agreement for City to purchase
property. Forward same to City staff. Consult with City staff regarding same.
Matter is presently pending.
SJR:jms
417900v2 SJR MU125-11