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HomeMy WebLinkAboutAgenda Packets - 1999/01/11 CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY,JANUARY 11, 1999 7:00 PM 1. CALL MEETING TO ORDER 2. ROLL CALL: Coughlin, Quick,Marty, Stigney,Thomason 3. APPROVAL OF MINUTES A. December 28, 1998 City Council Meeting Minutes 4. SPECIAL ORDER OF BUSINESS: None 5. CONSENT AGENDA A. Approve Just and Correct Claims.(12/31/98& 1/12/99) B. Approve Resolution No. 5303,Changing the City Council Meeting Format. C. Approve Resolution No. 5294,Appointing Official Newspaper,Acting Mayor,Deputy Clerk and Official Depository for 1999. D. Approve Resolution No. 5301,Appointing City Council Members and Clerk Administrator as Representatives for City Commissions and Other Organizations. E. Approve Resolution No. 5293, Setting Meeting Dates for City Council Meetings and Work Sessions for the 1999 year. 6. REPORTS 7. UNFINISHED BUSINESS 8. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking must give their full name and address for the minutes. 9. COUNCIL BUSINESS A. Consideration of Resolution No. 5302,adopting the 1999 Compensation Schedule. B. Consideration of Resolution No. 5295 authorizing the City to enter into a new lease agreement with Children's Home Society. C. Discussion of Mounds View Boards and Commissions Appointments. D. Consideration of Building Inspection Contract. E. Consideration of Resolution No. 5304-Streets Committee Report. F. Consideration of an appeal with regard to Planning Commission Resolution No. 558-98, a Resolution denying a variance for two curb cuts at 8111 Eastwood Rd., requested by Michael Tobias. G. Consideration of Police Chief Recruitment-The Brimeyer Group. 10. Special Work Session: Tuesday,January 19, 1999-6:00 PM Next Council Work Session: Monday,February 1, 1999-6:00 PM Next Council Meeting: Monday January 25, 1999-7:00 PM 11. ADJOURNMENT MEMO January 8, 1999 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: January 11, 1999 City Council Meeting We put the agenda in the order we believe was recommended at the January 4 meeting. Here's what we have for this Monday: Consent Agenda-Item 5B -Resolution #5303 re: Council Meetings and Agenda Format: This resolution was drawn up based on last week's discussion. By passing the resolution, staff will prepare future agendas and meetings along these criteria. Item 5C -Resolution#5294 re: City Business Items and Meeting Schedule: Another self explanatory item reviewed last Monday. Tracy Sanchez has included the newspaper bidding information as well. Item 5D -Resolution #5301 re: Council and Staff Liaison Appointments: Again, as reviewed from the work.session. Council may want to discuss the Fire Relief Association appointment and the Northwest Youth and Family Services appointment, as I don't recall those were set. I have left a message with NWYFS on when their meetings are and will bring those to the meeting Monday assuming I get them. Council Business-Item 9A-Resolution#5302 re: 1999 Pay Plan: Carl has put the pay plan information together in her memo and will report on Monday. I believe additional information regarding the Hay analysis will be included. As stated at Monday night's meeting, my recommendation to the Council is to approve the plan known as Option A for the reasons I explained last Monday. Item 9B - Children's Home Society Lease Agreement: Carl has also worked on this item which should now be ready for Council action Monday. Item 9C -Building Inspections Agreement Discussion: Staff would like the Council to receive and review this item on Monday. No decision is expected,but depending on the level of interest and redrafting, a decision could be made as early as the January 25 meeting or sometime in February. This agreement essentially would be the working understanding between the City and the Fire Department for the provision of inspection services. Along with this,the City would eliminate the current building inspector position and enter into a severance package with the current employee. Item 9D -Board Appointments Discussion: Cari was able to put together information on the status of our boards,their appointments and any conditions placed upon them. The Council has not had time to review and discuss these and may want to this meeting. Staff is not soliciting action, but the Council certainly is free to appoint by motion as it sees fit. Item 9E -Resolution#5304 re: Streets Committee Report: The resolution is self explanatory. The committee has asked for more time and has already had a meeting with at least one more scheduled. Item 9E - Curb Cut Appeal: Rick Jopke's memo covers the pertinent information on this issue. He and Jim Ericson will not be in attendance Monday evening. Remaining staff and Bob Long will assist in the discussion of this matter as needed by the Council. Item 9F -Police Chief Recruitment: Jim Brimeyer will be present to discuss with the Council his services and how best to go about replacing the police chief. He is unable to get to Mounds View until late, so this item has been placed last on the agenda. In other business, a minor note, I have passed along the two drafted pieces of airport legislation to Joseph Strauss at North Metro Mayors for inclusion in the legislative packet from the group. An upcoming NMMA board meeting will likely review and discuss this and other legislative issues. I have placed in your packet a preliminary list of potential legislative issues you may wish to comment on that NMMA has put together. If you choose to, get them back to me and I will forward them to Mr. Strauss. If there are notable differences of opinion between Council members, I will return to the Council with those subjects. Otherwise, feel free to call as always. Also, under reports, I will suggest the Council move to set a special work shop meeting for Tuesday,January 19 to go over some additional items the Council will be facing. We should discuss a Council and staff retreat, community center cleaning, and some other items. Council may also want to use this meeting to continue any discussion brought up this Monday on appointments and the building inspector agreement. Have a good weekend and see you Monday. Vikings 41 Cardinals 13. 3R UNAPPROVED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA Regular Meeting December 28, 1998 Mounds View City Hall 2401 Highway 10,Mounds View,MN 55112 1. CALL TO ORDER The Mounds View City Council Regular Meeting was called to order by Mayor McCarty at 7:03 p.m. on December 28, 1998. 2. ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council Members Gunn,Koopmeiners, Quick, and Stigney. ALSO PRESENT: Chuck Whiting, City Administrator; Rick Jopke, Community Development Director; Jim Ericson, Planning Associate; Bob Long, City Attorney; Mike Ulrich,Director of Public Works; and Dave Hix, Recorder. 3. APPROVAL OF MINUTES A. December 14, 1998, City Council Meeting Minutes MOTION/SECOND: Stigney/Koopmeiners to approve the December 14, 1998 City Council Regular Meeting Minutes as corrected. Stigney offered the following corrections: On Page 7, first paragraph after Item G, change the word "upgrading" to "replacing." On Page 14, second paragraph, first sentence, change the word "Speed" to "Street." VOTE: Ayes - 5 Nays-0 The motion carried. B. November 30, 1998, Truth-In-Taxation Hearing Meeting Minutes MOTION/SECOND: Koopmeiners/Gunn to approve the November 30, 1998, Truth-In-Taxation Hearing Meeting Minutes as corrected. Stigney offered the following correction: At the third straw poll vote, change the words "two to three" to read "three to two." UM APPROVED Mounds View City Council December 28, 1998 Page 2 VOTE: Ayes - 5 Nays -0 The motion carried. 4. SPECIAL ORDER OF BUSINESS A. Certificates of Appreciation for Outgoing Mayor and Council Members. City Administrator Whiting, on behalf of the City and staff,thanked Mayor McCarty and Council Members Gunn and Koopmeiners for the work that they had done for and with the City during their terms on the City Council. Whiting read the Certificates of Appreciation into the record and also thanked Barbara McCarty for the support she had given Mayor McCarty during his term as Mayor of the City of Mounds View. Mayor McCarty thanked Whiting and the City staff for the work that they have done during his term as Mayor of the City of Mounds View. Council Member Koopmeiners extended his thanks to Whiting and the City staff for their hard work and support during his term on the City Council. Council Member Gunn thanked Whiting and the City staff for their hard work and support. She added that she would remain active in her participation in City government. B. Certificate of Appreciation for David Hix, Recording Secretary for City Council and Planning Commission. Whiting presented Hix with a Certificate of Appreciation for time that he has spent as Council and Planning Commission recorder. 5. CONSENT AGENDA, A. Approve Just and Correct Claims. B. Approval of Temporary Liquor License for Robert's Off 10. C. Approval of Licenses for January 1 -June 30, 1999. (Report Attached). D. Approval of Resolution No. 5292 Approving the Mounds View Newsletter Bid Award to Nystrom Publishing for the Year 1999. E. Approval of Contractor Licenses. (Report Attached). MOTION/SECOND: Koopmeiners/Quick to approve the Consent Agenda as Published. VOTE: Ayes - 5 Nays - 0 The motion carried. uNAPPRov Mounds View City Council E December 28, 1998 L Page 3 6. RESIDENT'S REOUESTS AND COMMENTS FROM THE FLOOR David Janke, 8428 Eastwood Road, asked if staff had gotten an answer to his earlier question in regard to the Community Center development meeting the guidelines of the City Charter. Mayor McCarty said the guideline that Janke was referring to is in the Chapter on public improvements. "This simply means that once a public improvement is approved, if the Council is seeing an increase in costs on that public improvement, an assessed improvement, if there is more than a 10 percent increase in cost, from the time of hearings and adoptions,they must reissue, they must redo the public hearings and allow the community to have input on that. That doesn't mean that there would be a 10 percent threshold attached to a purchase such as the Bell Ray Ballroom. The Bell Ray Ballroom vote was an advisory election. It was not a binding election because there was no bond issue involved." Mr.Janke said he was disappointed in the results of the Golf Course litigation. He said the only winner in that episode was the City Attorney,who apparently got paid more than the City recovered from the litigation. Janke said he was disappointed that the fee on utilities had not been reduced, as promised. He said he was disappointed in the "heated exchanges" that had been displayed by Council Members in regard to "micro-management." Janke suggested that maybe the City does need to be micro-managed. He added,the City needs to be run like a business. "Everybody's got to be accountable for what they do," he said. In response, Mayor McCarty, said the energy tax is on a schedule to be eliminated. This schedule is on track and each two-year period the tax will be reduced by .05 percent until it disappears. This will give the City the time it needs to pick up the revenue slack from other sources, most notably the property tax. Mayor McCarty said if the person that wrote the "anonymous letter" wanted to make himself or herself known,then the City could respond in an appropriate manner to the complaints stated in the letter. Mayor McCarty said temper flare-ups are a natural process of group communication. The important thing to keep in mind, he said, was the end result of the discussions in which these temper flare-ups occurred. When the vote is taken the Council moves on and doesn't dwell on the disagreements. From the Council's perspective, "Mounds View is in good shape and always has been," Mayor McCarty said. Mr. Janke expressed his concern that the Golf Course operation will never pay for itself as had been the original intent when the development occurred. He expressed the same concerns in regard to the Community Center development. Mounds View City Council UNAPPROVED December 28, 1998 Page 4 William Werner,2765 Sherwood Road, expressed his concern that the Community Center would not be able to support itself. He also stated his concern for the cost overruns that been experienced in the project. Mr. Werner, suggested that Mayor McCarty, by expressing his personal support for the project, had unfairly influenced people to vote for the Community Center development when the City held its advisory election to find out if there was support from within the community for the project. Mayor McCarty said if the voters would have told the City to sell the Bell Ray property and take a$300,000 loss,the City would have followed the people's wishes. The community did not say this. They voted to pursue the Community Center development for the good of the City of Mounds View. 7. COUNCIL BUSINESS A. Public Hearing and Consideration of Resolution No. 5297, a Resolution Approving a Conditional Use Permit for a Residential Dog Kennel for Tammy Schmitt, located at 2206 Hillview Road; Planning Case No. 542-98. Mayor McCarty closed the Council Meeting and opened the Public Hearing. Associate Ericson gave his report as follows: The applicant, Tammy Schmitt of 2206 Hillview Road, was applying for a Conditional Use Permit for a residential dog kennel, a Code requirement for property owners with three or four dogs. One of the licensing requirements is that the property owner shall obtain signatures of approval from more than 50 percent of the residents within 500 feet of the property proposing the kennel. The applicant was sent a map showing those properties within 500 feet along with a corresponding list of property owners/taxpayers. Ms. Schmitt submitted the appropriate application paperwork, including a petition in support that had been signed by 44 of her surrounding neighbors. Staff was recommending approval of Resolution 5297, a Resolution approving a Conditional Use Permit for a residential dog kennel for Tammy Schmitt,located at 2206 Hillview Road. Gary Ehrreich spoke in opposition of allowing the Conditional Use Permit based on the fact that the dogs would be barking. Evelyn Ehrreich, 2193 Oakwood Drive, spoke in opposition of allowing the Conditional Use Permit based on the fact that the dogs would be barking. Mounds View City Council UNAPPR [NED December 28, 1998 Page 5 Ericson told the Council that as part of his check list process on applications such as this,he calls the Police Department to verify if there have been any written complaints registered against the animals being kept at the house. Ms. Schmitt has not had any written complaints turned in against her dogs, Ericson said. Tammy Schmitt, 2206 Hillview Road, stated she currently has two dogs and was asking the City for permission to add a third dog. The new dog would be an 8-year-old spayed Great Dane. The dogs will be indoor house dogs. Ms. Schmitt said she was very strict with the dogs on barking- "basically,they very rarely bark," she stated in her written explanation to the City. She also stated that the new dog would be used for protection, as she and her family had experienced an attempted break-in at their property during the previous year. Mayor McCarty closed the Public Hearing and opened the Council Meeting. MOTION/SECOND: Koopmeiners/Quick to approve Resolution No. 5297, a Resolution approving a Conditional use Permit for a Residential Dog Kennel for Tammy Schmitt, located at 2206 Hillview Road; Planning Case No. 542-98. Discussion: Stigney told the citizens who had voiced their opposition to granting the Conditional Use Permit if there was a problem in the future to notify the City and an effort would be made to correct the situation at that time. Mayor McCarty stated it is important for the applicant, as well as the surrounding neighbors,to know that violating the conditions of the Permit will result in loss of the Conditional Use Permit. VOTE: Ayes- 5 Nays - 0 The motion carried. B. Public Hearing to Consider Licenses for January 1, 1999 through June 30, 1999. Mayor McCarty closed the Regular Council Meeting and opened the Public Hearing. Whiting stated it was staff's intent to get all City business licenses renewed from July 1 through June 30 of each year so staff only has to go through one period of license renewal. Currently the City has two license renewal calendars and staff wishes to reduce this to one license renewal calendar year. Jerry Blanski,2933 Wooddale Drive, thanked the outgoing Mayor and City Council for the good work that they had done for the City during their terms. Mr. Blanski asked staff and Council to reconsider the cigarette license that it is granting to the Mermaid Entertainment facility. The location of the vending machines in the establishment • Mounds View City Council uNAPPRovED December 28, 1998 Page 6 makes it very easy for underage youth to illegally buy cigarettes. Mr. Blanski was asking staff and Council to require the Mermaid to locate the vending machine in an area that would make it easier for the Mermaid staff to monitor who is buying cigarettes. Mayor McCarty closed the Public Hearing and reopened the Regular Council Meeting. Mayor McCarty asked the City Attorney what process would have to be followed to issue a citation to the Mermaid in regard to selling cigarettes to minors from the vending machines. City Attorney Long said a sting operation would have to be set up to establish if violations were occurring. He added, conditions could be attached to the license that would specify the vending machine's location. Mayor McCarty said he would be reluctant to have a citizen put in the position of having to be a witness in an action between the City and a local business. He suggested approving American Amusement's license. He suggested sending a letter with a warning to the Mermaid and Donatelle's, and request that the location of their cigarette vending machines be moved to a more controllable location. City Attorney Long said if there was evidence that the Mermaid had not relocated the vending machines, as requested and as a condition of granting the license renewal,the Council could hold a suspension or revocation hearing to pull the cigarette license at that time. MOTION/SECOND: Koopmeiners/Gunn to approve the license renewals as requested pending receipt of all fees and appropriate applications: and require in writing, as a condition of approval, that the Mermaid Entertainment Complex relocate the cigarette vending machines located within its facility to more easily monitored locations. Discussion: Stigney asked Mr. Blanski if the Mermaid had been copied with the letters that were sent to the City. Mr.Blanski said they had requested the City to write a letter to the Mermaid in regard to the issue. Mayor McCarty suggested city-wide participation in the Coalition for Healthy Youth in the City of Mounds View. David Janke suggested that the City would have to be very specific with its definition of "watching a machine." As long as the machine is in the establishment, and there are people, it is legally placed. The Council will be the body that determines "is it illegal to have that machine where it is, or isn't it." Mounds View City Council NAPPFlovED December 28, 1998 Page 7 Whiting stated he would follow-up with staff as to if and when communication was held with the Mermaid management in regard to this issue. Whiting added that fees for the license renewals were still being received by the City, and not all of the applicants have paid the appropriate fees. VOTE: Ayes - 5 Nays-0 The motion carried. C. Consideration of resolution No. 5295,Authorizing the City to enter into a new lease agreement with Children's Home Society. Mayor McCarty stated Item C had been removed from the evening's Agenda. Whiting told the Council the Item was being pulled from discussion and action because the current lease agreement has verbiage issues that need to be cleared up before the agreement can be executed. The issues will be discussed at the City Council's next Workshop, Whiting added. D. Consideration of Bids for Booster Station Revisions. Mike Ulrich gave the staff report as follows: The original project which included new motor controls,pumps and motors,was expanded to possible include extensive electrical upgrades to the facility and Water Treatment Plant No. 1. The reason for this was the ever increasing NSP interruptions during peak energy periods. The project was being expanded to reduce demand charges on electrical services and increase the productivity of the existing genset and system pumping capacity. A request to transfer the funding for this project into the 1999 budget was presented and accompanied by an additional request to transfer funds from the Water Reserve Fund to balance the project expenditures. The NSP costs to perform the related service removal and new installation were not known at this time. Staff was in the process of writing and advertising the specifications for the control system for this project, along with the Y2K hardware and software update scheduled for early this spring. Staff did not have an exact amount of funds necessary to complete these projects. Funds have been allocated in the 1999 Budget for the Y2K portion of the project. Staff will present the later portion of the project in 1999. Bids results were reported as follows: 1. Shank Construction $246,100 2. EnComm Midwest $234,600 Mounds View City Council uNAPPRovED December 28, 1998 Page 8 3. New Mech Co. $229,600 Staff was recommending that the Council award Project No. 98-4,Booster Station Revisions to New Mech Co., in the amount of$229,600 and approve Resolution No. 5300, Transferring Funds to the Water Department 1999 Project Budget. MOTION/SECOND: Koopmeiners/Quick to approve award of Project No. 98-4,Booster Station Revisions,to New Mech Co., in the amount of$229,600. Discussion: Stigney asked Ulrich if the costs from NSP were included in the total $290,000 project cost. Ulrich confirmed that NSP's costs were in the total projected project costs. VOTE: Ayes - 5 Nays-0 The motion carried. MOTION/SECOND: Koopmeiners/Gunn to approve Resolution No. 5300, a Resolution approving transferral of funds to the Water Department 1999 Project Budget. VOTE: Ayes - 5 Nays -0 The motion carried. E. Consideration of Resolution No. 5296, a Resolution Approving a Final Plat for the Anthony Properties Addition. MOTION/SECOND: Quick/Gunn to approve Resolution No. 5296, a Resolution Approving a Final Plat for the Anthony Properties Addition. Discussion: Stigney asked if the limited access established in the PUD would be affected by approving this resolution. Ericson stated if any of the parcels were sold each subsequent property owner would be held to the requirements of the PUD. VOTE: Ayes - 5 Nays -0 The motion carried. F. Consideration of Resolution No. 5298, a Resolution Approving a Development Review for an Alternate Site Plan for the Building N. Site, Mounds View Business Park, Requested by Everest Development. MOTION/SECOND: Koopmeiners/McCarty to approve Resolution No. 5298, a Resolution Approving a Development Review for an Alternate Site Plan for the Building N Site, Mounds View Business Park, Requested by Everest Development. Associate Ericson gave the staff report as follows: APPB0VED Mounds View City Council 9 December 28, 1998 Page 9 Everest Development is requesting approval of an alternate site plan for the 6.89-acre Building N site located within the Mounds View Business Park, which was originally approved by the City Council in 1994. The applicant requests that either plan(the 1994 version or the plan contemplated now) be permitted to allow greater flexibility in marketing the building to prospective tenants or owners. The new proposal shows a 69,582 square foot building, which, is 3232 percent smaller than the originally approved 102,950 square foot building. The appearance of the single-story, brick- faced office/flex building will match that of the Liberty Check Building. The building would accommodate user needs for office, laboratory,production,high-tech assembly or storage uses. It is anticipated that office uses will occupy 50 to 75 percent of the building. The applicant has submitted plans, date-stamped 11/23/98, showing the new proposal. Included with the current request was the site plan for the 1994 proposal, as approved by Council. Staff was recommending that the City Council approve Resolution 5298, a Resolution approving an Alternate Site Plan for development of the 6.89-acre Building N Site, Mounds View Business Park, as requested by Everest Development. Mayor McCarty stated that there were no residences within the immediate area of the proposed development. He also noted that the Planning Commission had recommended approval by the City Council. VOTE: Ayes - 5 Nays- 0 The motion carried. G. Community Center Cleaning Proposals. Whiting told the Council that staff had received three proposals from companies that specialize in cleaning. Staff was asking for more time to review the proposals before bring the information before the Council for action. Immediate cleaning needs at both City Hall and the Community Center can be met with current staff, Whiting added. MOTION/SECOND: McCarty/Quick to Authorize the Clerk Administrator to perform the necessary action to provide custodial services at the Community Center for the year 1999. Discussion: Stigney said it would be better to analyze the Community Center's custodial needs at the coming Council Workshop before making a decision based simply on a budget amount. VOTE: Ayes - 4 Nays - l(Stigney) The motion carried. H. Consideration of Resolution No. 5299, a Resolution Addressing the Appeal of Planning Mounds View City Council UNAPPROVED December 28, 1998 Page 10 Commission Resolution No. 558-98,A Resolution Denying a Variance request for Two Curb Cuts at 8111 Eastwood Road,Requested by Michael Tobias. Ericson gave the staff report as follows: On November 23, 1998,Michael Tobias appeared before the City Council to appeal Planning Commission Resolution No. 558-98, a resolution which denied Mr. Tobias' variance request to maintain two driveways at his home at 8111 Eastwood Road. At this meeting,the Council heard testimony from Mr. Tobias and was presented all of the background documentation pertaining to this case. The Council voted to postpone action on the appeal until the Planning Commission had an opportunity to discuss the merits of amending the Code to allow for multiple-curb cuts on corner lots. The City Attorney indicated that the idea of a nonconformity was that if by the end of a nonconforming use's viable lifespan it did not conform to the Codes,which would be allowed to be rebuilt. If the driveway in question had gotten to a point of disrepair such as that it had to be removed in order to maintain it,this would indicate it's useful life had ceased, as then did its nonconforming status. In regard to the public safety aspect of backing out of a driveway, Council Member Koopmeiners,who had been a member of the Mounds View Police force in excess of twenty years, could not recall a single such accident. Also discussed was the fact that the variance requested was unique in the sense that the last such variance request came before the Commission in 1994, which indicated to the Commission that there was no need to amend the Code. The Planning Commission felt that Section 1121.09, Subdivision 5c,which limits single-family residential properties to only one curb cut, is appropriate and should remain in force, unchanged from its present language. Staff was recommending approval of Resolution No. 5299,A Resolution upholding Planning Commission Resolution No. 588-98, a Resolution Denying a variance request for two curb cuts at 8111 Eastwood Road, Requested by Michael Tobias. Stigney asked, "What benefit do the residents of this City get by restricting the access to a corner lot to one curb cut?" Mayor McCarty ruled the question "out of order" on the basis of: Council is not here to argue with staff, or ask staff to defend the Codes of this City. We're here to enforce them. We have a uf. .APPRovrD Mounds View City Council December 28, 1998 Page 11 recommendation from the Planning Commission,who is statutorily charged with doing these things for us. and they have sent a recommendation to us. And to put staff on the line here, asking their opinion as to whether its good or not, I don't think is appropriate." Mayor McCarty asked for a motion on Resolution 5299. MOTION/SECOND: Quick/Koopmeiners to approve Resolution No. 5299, A Resolution Addressing the Appeal of Planning commission Resolution No. 558-98, a Resolution Denying a Variance Request for Two Curb Cuts at 8111 Eastwood Road,Requested by Michael Tobias. Discussion: Stigney stated the Ordinance that is currently on the books is not accomplishing anything for the residents of the City. "If there is not a valid reason for it,maybe it's not a good Ordinance", Stigney suggested. MOTION/SECOND: Stigney/ to table action on Resolution No. 5299, to give staff and Council the time it needs to determine if the Ordinance is beneficial to the residents of Mounds View. The motion failed due to a lack of a second. Rob Marty, 2626 Louisa Avenue, spoke in favor of reviewing the Ordinance. City Attorney Long stated the removal of the original driveway at the Tobias residence constituted a destruction of the original structure,thus being more than 50 percent of the market value,thus the property looses its nonconforming use status and must be rebuilt to current Code requirements. Michael Tobias, 8111 Eastwood Road, stated the Planning Commission's findings were inaccurate or false. He also stated the City Attorney's findings that removal of the driveway exceeded the "50 percent of fair market value" could not be proved. He defined "fair market value" as, "That price that a willing seller and a willing buyer will pay for an item, and not the item's actual cost." Mr. Tobias said he was asking the Council to consider a new resolution allowing for the continued use of two driveways at his property. Ericson stated that when Mr. Tobias originally applied for a variance staff made the applicant aware of the fact that the City did not allow two curb cuts for single-family residences. At that time Mr. Tobias agreed to eliminate one of the curb cuts. Mr. Tobias' contractor installed the new driveway in violation of City Code. This is the issue that was looked at by the Planning Commission. Stigney stated the Planning Commission granted approval of the nonconforming configuration Mounds View City Council UNAPPROVED December 28, 1998 Page 12 by not requiring Mr. Tobias to move his front curb cut. Ericson said that was no the core issue that the Planning Commission was asked to consider by Council. Council asked the Planning Commission to consider repair versus reconstruction and the validity of the Ordinance. Koopmeiners said the issue was Mr. Tobias'violation of City Code by reinstalling a driveway that did not meet City Code. The contractor should be held responsible for his error, Koopmeiners said. Mayor McCarty said his oath of office requires him to enforce the Codes equally and evenhandedly. The Code states that two curb cuts are not allowed. The Code states that you, Mr. Tobias,have lost your nonconforming use status by the action that was taken in the reconstruction of the driveway. There is no way to get around what the Code says and what must be done, Mayor McCarty added. Gunn asked Mr. Tobias to confirm that he had agreed to abide by the City's one-curb- cut Ordinance when he first came in for his construction permit. Mr. Tobias stated that he had agreed to follow this requirement. The driveway was put in and the mistake was made, to his advantage, Mr. Tobias said. Mayor McCarty told Mr. Tobias that he had entered into a contract with the City by agreeing to abide by the City's Code requirements. According to the Planning Commission, you do not meet the criteria the City has established to issue a variance, Mayor McCarty said. David Janke said the City was not exercising common sense in denying Mr. Tobias' variance request. Dan Coughlin, 8468 Spring Lake Road, spoke in favor of tabling action on the variance request to give staff and Council the time needed to review the Ordinance pertaining to two-curb-cut properties. William Werner said the Planning Commission is unwilling to make a judgement and only wants to follow the Code to the letter. MOTION/SECOND: Stigney/Gunn to postpone action on Resolution No. 5299,until the Council has an opportunity to look at the Code, and if it is offering the residents of Mounds View anything of value, and if it is in the best interest of the City to keep it on the books as it is written. City Attorney Long recommended "laying over the motion to a date certain" rather than tabling or postponing. Mounds View City Council UNAPPROVED December 28, 1998 Page 13 Mayor McCarty read from Robert's Rules of Order: "If the assembly might prefer to consider the main motion later in the same meeting or at another meeting,this can be proposed by moving to postpone to a certain time, also called "a motion to postpone indefinitely, or simply to postpone." A motion to postpone does take precedence over the main motion, Mayor McCarty added. VOTE: Ayes - 3 Nays-2(Koopmeiners, Quick) The motion carried. Mayor McCarty stated the main motion was carried to the next City Council Meeting. 8. REPORTS Quick No Report Koopmeiners No Report Gunn No Report Stigney No Report Mayor McCarty No Report Whiting said it would be worth staff and Council's time to analyze the hows and whys of the Community Center project,this being said in response to the "anonymous letter." City Attorney Long told the outgoing Mayor and Council that he appreciated working with them and wished them all well. 9. Next Council Work Session: Monday,January 4, 1999-6:00 p.m. Next Council Meeting: Monday,January 11, 1999- 7:00 p.m. 10. ADJOURNMENT MOTION/SECOND: Koopmeiners/Gunn to adjourn the meeting. VOTE: Ayes- 5 Nays - 0 The motion carried. There being no further business before the Council, Mayor McCarty adjourned the meeting at 9:27 p.m. Respectfully Submitted, Dave Hix APPROVED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA Regular Meeting December 14, 1998 Mounds View City Hall 2401 Highway 10,Mounds View,MN 55112 1. CALL MEETING TO ORDER The Mounds View City Council was called to order by Mayor McCarty at 7:01 p.m., on December 14, 1998. Mayor McCarty introduced "Chief'the cat,Mounds View's newest employee. Cari Schmidt told the Council and viewing audience that Chief had been adopted from the Human Society and put to work at the City to help rid City Hall of its rodent problem. After working for the City for a two-week period, Chief will retire and be available for adoption by anyone that would be interested in giving him a good home. 2. ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council Members Gunn,Koopmeiners, Quick, and Stigney ALSO PRESENT: Chuck Whiting, City Administrator;Rick Jopke, Community Development Director; Jim Ericson,Planning Associate; Tracy Sanchez, Office Communications Coordinator; Cari Schmidt, Assistant City Administrator; Bob Long, City Attorney;Bruce Kessel, Finance Director; and Stacy Caton,Recorder. 3. APPROVAL OF MINUTES A. November 23, 1998, City Council Meeting Minutes MOTION/SECOND: Gunn/Koopmeiners to approve the November 23, 1998, City Council Meeting Minutes as amended. Stigney offered the following correction: Page 5, second paragraph, first sentence add the word "to" after the word "attached." In the second sentence, same paragraph, change the first occurrence of the word "plans" to "permits." VOTE: Ayes - 5 Nays - 0 The motion carried APPROVED Mounds View City Council December 14, 1998 Page 2 4. SPECIAL ORDER OF BUSINESS: A. Certificate of Appreciation for Firefighter Michael F. McCalley, Retired December 7, 1998, from the Spring Lake Park, Blaine,Mounds View Fire Department. On behalf of the City, Mayor McCarty thanked McCalley and his wife for their many years of dedicated service. Mayor McCarty read the Certificate of Appreciation into the record. 5. CONSENT AGENDA A. Approve Just and Correct Claims B. Set a Public Hearing for 7:05 p.m., on Monday,December 28, 1998,to Consider Resolution No. 5287,Approving a Conditional Use Permit for a Residential Dog Kennel for Tammy Schmitt, located at 2206 Hillview Road. MOTION/SECOND: Koopmeiners/Quick to approve the Consent Agenda as published. VOTE: Ayes- 5 Nays- 0 The motion carried 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR Mayor McCarty opened the floor to the public. William Werner, 2765 Sherwood Road, said he had received an anonymous letter in the mail from a group calling itself "People for Fairness in Mounds View." Mr. Werner asked the party or parties responsible for the mailing to identify themselves and state the purpose of their mailing. Mayor McCarty said he was aware of the letter because it had been sent to the New Brighton Bulletin, but he had not personally read the letter. Mayor McCarty noted the subject matter of the letter was supposed to have been attacking the City budget action and outsourcing of the Parks and Recreation management to the YMCA. Mr. Werner said there were some very serious charges made in the letter and he would like the City Council to find out who wrote it. Mayor McCarty stated that the Park and Recreation outsourcing issue had gone through all phases of city government, including: Public hearings and Parks and Recreation Commission approval. It had been agreed on by all parties to proceed with the process. Mayor McCarty said he was not interested in the content of the letter. But if Mr. Werner found out who wrote the letter, he should let the City staff know. Cam Obert, 8315 Greenwood Drive, stated the news paper incorrectly quoted the Park and Recreation Commission as being opposed to the YMCA managing the Parks and Recreation Department. Mounds View City Council ArpRola° December 14, 1998 Page 3 Obert complimented the Mayor and Council for the work that they had done during the current year. He said he was disturbed with the casualness that the Parks and Recreation Management issue had been brought before the people of the City. It seems the only savings to be realized by the process is the elimination of the Park Director's salary. Obert said, "I was very bothered by that. I was embarrassed that night. I felt she was left to hang out to dry, almost like she was pleading for her job up here. It wasn't a good display by the City of Mounds View." Another issue of embarrassment was the fact that one of the neighboring communities put in a bid to run our City's Parks and Recreation Department. Obert asked, "Are we incapable?Are we that down in the minor leagues?Are we level B?, we're going to let level As run our business?" Obert said he was opposed to outsourcing the Parks and Recreation Department to the YMCA. He said the City's staff should have been given the opportunity to run the programs out of the new Community Center for a one-year period. Then the decision could have been made as to actual costs of the City-run program. Mayor McCarty in response: The City Council realizes one thing: The Community Center is going to have a very expensive operation and maintenance tag attached to it. Even if the entire City Council was to forgo their salaries the most that could be raised would be $39,000. This simply wouldn't make a difference as to whether or not the City staff ran the Parks and Recreation Department. The City is looking for the most efficient way to run its business. Outsourcing and privatization are among those options. The City has levy limits and state mandates that must be met,he said. Obert suggested that the City Council return to the "all volunteer" Council of the past as a means to save some money for the City. He said the other commission and board members of the City work for free, why not the City Council. 7. COUNCIL BUSINESS A. Public Hearing and Second reading of Ordinance No. 623,Authorizing the City council of the City of Mounds View to set water and waste water rates and surcharges effective with the January 1999 Billings. 1. Public Hearing 2. Second Reading 3. Consider Motion Adopting Mayor McCarty closed the City Council meeting and opened the public hearing. No public comments were considered. Mayor McCarty closed the public hearing and reopened the City Council meeting. Kessel reviewed the rate increases and reasons for the increases. Mounds View City Council APPROVED December 14, 1998 Page 4 MOTION/SECOND: Quick/Koopmeiners moved approval and waive the reading of Ordinance No. 623, Authorizing the City Council of the City of Mounds View to set water and waste water rates and surcharges effective with the January 1999 Billings. ROLL CALL VOTE: Gunn, Quick, Stigney, Koopmeiners, and Mayor McCarty voting "aye" The motion carried. B. Public Hearing and second reading of Ordinance No. 624,An Ordinance Adopting the 1998 Long Term Financial Plan. 1. Public Hearing 2. Second Reading 3. Consider Motion Adopting Mayor McCarty closed the City Council meeting and opened the public hearing. No public comments were considered. Mayor McCarty closed the public hearing and reopened the City Council meeting. MOTION/SECOND: Koopmeiner/Quick moved approval and waived the reading of Ordinance No. 624, An Ordinance Adopting the 1998 Long Term Financial Plan. Discussion: Stigney told the Council he had "concerns with some of the content of this Long Term Financial Plan,and therefore,by adopting it, what does this mean?" Mayor McCarty told Stigney by adopting the Long Term Financial Plan he would be approving it. Whiting told the Council by adopting the Long Term Plan it is approved for a one-year period because the budget process is repeated on a yearly basis. Mayor McCarty said the Long Term Budget is a five-year plan but it can be amended from year to year to better fit the needs of the City. ROLL CALL VOTE: Quick, Koopmeiners, Gunn, Mayor McCarty voted "aye", Stigney voted "nay." The motion carried. C. Consideration of Ordinance No. 622, An Ordinance implementing a Franchise Fee on Electric and Natural Gas utility companies for the Operation of the Utility within the City of Mounds View. Mayor McCarty asked the Council for their permission to discuss Item C.,the above, after Item Mounds View City Council APPROVED December 14, 1998 Page 5 D. Consideration of Resolution No. 5283,Adopting the 1999 Property Tax Levy and General Fund Budget. The Council concurred unanimously. Stigney suggested that Item G. Consideration of Approving a Telecommunications Bid Award for City Hall, Community Center and Y2K Upgrade, also be considered before Item D. Mayor McCarty said the funds for Item G were coming from the Undesignated Reserve and would not effect the Franchise Fee or the Levy Limit so it would be okay to leave it in the order as published in the Agenda. D. Consideration of Resolution No. 5283,Adopting the 1999 Property Tax Levy and General Fund Budget. Whiting presented the Council, as directed at the Truth-in-taxation hearing of November 30, 1998, a plan to balance the$25,000 budget deficit that had been discussed at that meeting. Two areas of change have been explored: 1. The Community Service Officer Position($36,000) Staff was recommending that this full-time position be reduced to a half-time position and couple that position with the existing half-time CSO to give the City the equivalent of one full-time Community Service Officer. This would change the scope of the position and discussion would have to be held in this regard. 2. The receptionist position,part-time office help Staff was recommending elimination of this position. Staff also addressed an increase in the Franchise Fee from 2.5 percent to 3 percent,which could start March 1, 1999 and would add$31,000 of revenue. Kessel stated Resolution 5283 included the adjustments through Item 8 on the supplemental sheet. Quick asked Kessel to review the supplemental sheet. Kessel read the supplemental items into the record. MOTION/SECOND: Quick/Koopmeiners moved Resolution No. 5283,Adopting the 1999 Property Tax Levy and General Fund Budget. Stigney stated he did not agree with the increase in the Franchise Fee from 2.5 percent to 3 percent, nor did he agree with the hiring of additional staff in the form of the CSO. "There are many things in this budget that I don't agree with," Stigney said, "so I can't support it." The Mayor asked Stigney for an amendment. Mounds View City Council APPROVED December 14, 1998 Page 6 MOTION/SECOND: McCarty/Gunn to amend the budget by dropping the CSO and the part- time receptionist position; and make the balance up to return the Franchise Fee to 2.5 percent from the Contingency Fund. That is we, would go from about$46,000 to around$30,000 on the Contingency Fund. Discussion: Koopmeiners asked if the CSO position would be completely eliminated by this action. Mayor McCarty agreed that it would and said the duties would be offset by reassignment of duties. VOTE (On the Amendment): Ayes -4 Nay- 1 (Quick) The motion carried Quick said he voted against the amendment because the City needs an active code enforcement officer other than an already over worked City staff. MOTION/SECOND: Stigney/Mayor McCarty to eliminate all Rotary memberships and to eliminate the 3 percent salary adjustments. Koopmeiners asked Stigney how he would reduce the salaries. Stigney stated the subject would require further discussion by Staff and Council and he could not be specific at this time. Mayor McCarty said the Rotary memberships are essential for maintaining a competitive edge in the communities economic development program. He added the salary reductions being proposed are getting the City very close to the point of noncompliance with state law regarding equity pay. VOTE (On the amendment): Ayes- 1 (Stigney) Nays- 4 The motion failed VOTE (On the main motion as amended): Ayes-4 Nay- 1(Stigney) The motion carried C. Consideration of Ordinance No. 622, An Ordinance implementing a Franchise Fee on Electric and Natural Gas utility companies for the Operation of the Utility within the City of Mounds View: 1. Consider Motion adopting MOTION/SECOND: Koopmeiners/Gunn to adopt Ordinance 622,An Ordinance implementing a Franchise Fee on Electric and Natural Gas utility companies for the Operation of the Utility within the city of Mounds View. MOTION/SECOND: Mayor McCarty/Stigney to amend Ordinance 622, under Sec. II Subd. 2, second sentence and change the amount to 2.5 percent. Mounds View City Council APPROVED December 14, 1998 Page 7 VOTE(On the amendment): Ayes - 5 Nays - 0 The motion carried MOTION/SECOND: Mayor McCarty/Stigney that Sec. VIII,the Sunset Clause, be amended to December 31, 1999. VOTE (On the amendment): Ayes - 5 Nays- 0 The motion carried. ROLL CALL VOTE (On the main motion a amended): Koopmeiners, Gunn, Quick, Stigney, Mayor McCarty voting "aye." The motion carried. E. Consideration of Resolution 5284,Approving the 1998 Transfers and Budget Revisions. MOTION/SECOND: Gunn/Quick to approve Resolution 5284,Adopting the 1999 Budgets for Funds other than the General Fund. VOTE: Ayes - 5 Nays - 0 The motion carried. F. Consideration of Resolution No. 5285,Approving the 1998 Transfers and Revisions. MOTION/SECOND: Gunn/Koopmeiners to approve Resolution 5285, Approving the 1998 Transfers and Revisions. Discussion: Stigney asked for clarification of Item 3 of the Resolution,the$43,000 for updating the City Hall Telephone system. Stigney said no discussion had taken place with Council in regard to this issue. Mayor McCarty said if Council Business Item 7G was not approved no action would be taken on this issue. VOTE: Ayes- 5 Nays - 0 The motion carried. • G. Consideration of Resolution 5290,Approving a Telecommunications Bid Award for City Hall, Community Center and Y2K Upgrade. Tracy Sanchez reviewed the staff report dated December 11, 1998, which outlined costs for replacing the City's current telecommunications system, additions for the community center telephone service, and Y2K compliance needs. Stigney asked what the reference to "Y2K+ Community Center only" meant on the equipment list dated November 25, 1998. Mayor McCarty asked if there had been an unqualified bid that Mounds View City Council APPROVED December.14, 1998 Page 8 had come in after the bidding process. Ms. Sanchez told the Council that Executone had separately included a Y2K upgrade and also a Community Center addition of five phones only. Mayor McCarty asked if the quote was part of the original bidding document. Ms. Sanchez said it was not. Mayor McCarty said the discussion was limited to companies complying with the original bid documents. City Attorney Long stated any bid received outside the bid specifications would not be considered. Koopmeiners asked Whiting to tell the Council what problems the City has encountered with the current Executone system. Whiting said the system was not flexible when it came to hooking it up with the Golf Course. Koopmeiners stated that Executone's inability to get problems resolved had been very frustrating for the Police Department. Stigney noted if Executone upgraded the system it would be "like new." MOTION/SECOND: Stigney/McCarty to deny Resolution No. 5290,Approving a 410 Telecommunications Bid Award for City Hall, Community Center and Y2K upgrades and throw out all bids. Ms. Sanchez stated Executone's $15,000 option would not be "state of the art," rather it would be a'band-aid' for the current system." . MOTION/SECOND: Quick/Gunn to call the question. VOTE: Ayes - 4 Nays - 1 (Stigney) The motion carried VOTE(On the original motion): Ayes - 1 (Stigney) Nays -4 The motion failed. MOTION/SECOND: Koopmeiners/Gunn to approve Resolution 5290, Approving a Telecommunications Bid Award for City Hall, Community Center and Y2K Upgrades to Action Systems. Discussion: Stigney expressed his concern that the Council and staff did not understand the system that Executone was bidding and it is a waste of the tax payers money to pay for a system that is not what the City needs. Mayor McCarty said the staff is making a recommendation based on what they know their needs to be. They have analyzed the bids and their recommendation should be followed,he said. VOTE: Ayes - 4 Nays- 1 (Stigney) The motion carried H. Motion to Authorizing staff to select a vendor to provide vending machine services at the Community Center and for the Mayor and Clerk Administrator to execute a contract in Mounds View City Council APPROVED December 14, 1998 Page 9 behalf of the City. Kessel reviewed the staff report dated December 11, 1998. MOTION/SECOND: Koopmeiners/Quick to authorize staff to select a vendor to provide vending machine services at the Community Center and for the Mayor and Clerk Administrator to execute a contract on behalf of the City. VOTE: Ayes - 5 Nays- 0 The motion carried. I. Consider Authorizing City Attorney and Clerk Administrator to finalize negotiations of the catering and food service agreement and authorize the Mayor and Clerk Administrator to execute finalized agreement. (Draft agreement attached.) At a Council Work Session staff had been directed to give the Council some idea of what other communities are paying for their catering services. Some cities do not have exclusive services. Several have a "kitchen fee" rather than a"percentage fee" which is around$75 Kessel said. The City of Maplewood offers a percentage guarantee for the cater. Kessel recommended against this approach until operation of the facility has stabilized. Kessel said an amendment had been added to the "exclusivity agreement"that seniors could have food in their area that was not catered in. Also, if events were going on in the gymnasium their food would not have to be catered in. This agreement also extended to people that were just serving desserts. Sherry Linke said the Community Center does not anticipate having groups of less than 100 people. MOTION/SECOND: Mayor McCarty/Quick to Authorize the City Attorney and Clerk Administrator to finalize negotiations of the catering and food service agreement subject to final approval by the Council and authorize the Mayor and Clerk Administrator to execute the interim agreement. VOTE: Ayes - 5 Nays - 0 The motion carried Mayor McCarty called a five minute recess at 8:55 p.m. Mayor McCarty reconvened the meeting at 9:00 p.m. J. Public Hearing and Consideration of Resolution No. 5286,Approving a Preliminary Plat Mounds View City Council APPRovED December 14, 1998 Page 10 for the Anthony Properties Addition. Associate Ericson gave the staff report as follows: Anthony Properties,the developer of the 15-screen Carmike Theater project has applied for a major subdivision of the parcel formerly know as the O'Neil property,presently referred to as the "Theater Site." According to the City Code, a major subdivision is defined as a subdivision of a parcel greater than one acre in area or one in which more than one lot is created. The theater Site comprises approximately 26 acres and is proposed to be subdivided into seven parcels, in keeping with the approved final stage plan of the Planned Unit Development(PUD). The Mounds View City Council approved the development stage of the Anthony Properties PUD on April 27, 1998. This PUD allows for the 15-screen movie theater,three office buildings and two retail or restaurant uses. The final plan for this development was approved administratively by the City on July 30, 1998 and a building permit was issued for the theater building. The parking lot has been paved and striped and accesses have been stubbed into both Highway 10 and Donatelles. The access to County Road H2 has been completely installed. Because of the multiple uses and potential for multiple ownership entities, a platting (subdivision) of the theater site is required. This requirement is evident in Item 21 of the approved PUD Document for the Theater Site and results from a City Code stipulation prohibiting more than one principal structure upon a single parcel. Staff was recommending approval of Resolution No. 5286, a resolution approving the preliminary plat for the Anthony Properties Addition, with stipulations. Ericson noted that approval of Resolution No. 5286 would approve a preliminary plat. Before the final plat is approved,the City shall have received a park dedication fee in the amount of $103,250 from the applicant. Mayor McCarty, for clarification, said the 19 foot easement running parallel to Highway 10, which allows for implementation of the Highway 10 Design Theme is being granted in the preliminary plat by the developer. However, in the future that may be preempted by the state. Ericson said it is not granted as part of the platting process because you can only have utility or drainage easements on a plat. So what is needed is a separate easement document, which is currently being drafted by the City Attorney. The City sees no problem with the granting of the easement. Mayor McCarty stated the park dedication fee should be based on the higher of two figures, those being: current appraised value and estimated value at the time the project was initiated. Mounds View City Council APPROVED December 14, 1998 Page 11 City Attorney Long recommended: In paragraph four of the resolution, state: "The applicant shall pay a park dedication in an amount equal to 10 percent of the fair market value of the land as determined by an appraisal. And then you can have an appraisal come in between now and the final plat and its going to be 10 percent of whatever that appraisal is." Mayor McCarty closed the City Council meeting and opened the public hearing. No public comments were consider. Mayor McCarty close the public hearing and reopened the City Council meeting. MOTION/SECOND: Mayor McCarty/ to approve Resolution 5286, Approving a Preliminary Plat for the Anthony Properties Addition,with the changes in Item four as stated by the City Attorney: Before the final plat is approved by the City,the applicant shall have paid a park dedication fee in the amount of 10 percent of the market value of the land as determined by an appraisal. The motion failed due to a lack of a second. MOTION/SECOND: Gunn/Koopmeiners to approve Resolution No. 5286,Approving a Preliminary Plat for the Anthony Properties Addition. VOTE: Ayes - 5 Nays- 0 The motion carried. K. Consideration of Resolution No. 5288 for Silver Lake Commons Agreement. City Attorney Long noted that the first document that the City Council had approved was called the "Initial Agreement." This agreement called for a housing development agreement, a management agreement, and a regulatory or operating agreement, all of which were designed to protect the interests of the City. Closing on the project is scheduled for the week of December 21, 1998. Staff was recommending approval of Resolution 5288 Authorizing the Mayor to enter into the stated agreements on behalf of the City of Mounds View. MOTION/SECOND: Koopmeiners/Gunn to approve Resolution No. 5288 for Silver Lake Commons. VOTE: Ayes -4 Nays - 1 (Stigney) The motion carried. L. Consideration of Resolution No. 5289,Approving Severance Packages for Mary Saarion Mounds View City Council APPROVED December 14, 1998 Page 12 and Mary Johnson. Cari Schmidt reviewed the staff report outlining the stated severance packages. Also placed before the Council was Resolution 5291, Recognizing the abolition of the two positions from the Park and Recreation Department. MOTION/SECOND: Quick/Koopmeiners to approve Resolution 5291, Recognizing the abolition of the two positions from the City of Mounds View Parks and Recreation Department due to the outsourcing of the City's Parks and Recreation Department for budgetary reasons. VOTE: Ayes - 5 Nays-0 The motion carried. MOTION/SECOND: Quick/Koopmeiners to approve Resolution 5289, Approving Severance Packages for Mary Saarion and Mary Johnson. VOTE: Ayes - 5 Nays -0 The motion carried. M. Consideration of Resolution No. 5282, Approving the Labor Agreement Contract with Public Works and Parks Maintenance Bargaining Unit. Cari Schmidt reviewed the staff report dated December 10, 1998. Staff was recommending adoption of Resolution 5282 approving the 1998 Labor Agreement contract with Public Works and Parks Maintenance Bargaining Unit. MOTION/SECOND: Quick/Koopmeiners to approve Resolution No. 5282, Approving the Labor Agreement Contract with Public Works and Parks Maintenance Bargaining Unit. MOTION/SECOND: Stigney/Mayor McCarty to amend the agreement back to a one-year contract. Discussion: Mayor McCarty said the shorter the contract the more advantage to the negotiators for the bargaining unit. This contract is an advantage to both parties in that they get a longer contract and the City gets more time to deal with contract renewal. Stigney said it was his opinion that the City would benefit from being able to look at the contract at the end of a one- year period. VOTE (On the amendment): Ayes - 1 (Stigney) Nays -4 The motion failed. VOTE (On the main motion): Ayes -4 Nays - l(Stigney) The motion carried. Mounds View City Council APPROVE') December 14, 1998 Page 13 N. Update on the YMCA Contract and Interim Agreement. Kessel reviewed the staff report dated December 11, 1998. MOTION/SECOND: Mayor McCarty/Koopmeiners to direct the Clerk Administrator to go forward with the Interim Agreement, as listed in the December 11, 1998 staff report. VOTE: Ayes - 5 Nays - 0 The motion carried. Kessel said no response had been received on the RFP for bar service at the Community Center. City Attorney Long recommended that a motion be made authorizing the Mayor and Clerk Administrator to execute a transitional agreement with the YMCA. MOTION/SECOND: Quick/Koopmeiners to authorize staff to develop an interim agreement with the YMCA for management of the Community Center and authorize the Mayor and Clerk Administrator to execute that on an interim basis. VOTE: Ayes - 5 Nays - 0 The motion carried. City Attorney Long noted the City has created the new provision of the Code and Intoxicating Liquor Licenses, Chapter 500, entitled "Special Banquet Licenses," which allows an existing On- Sale Licensed facility in the City of Mounds View or where a contiguous city has issued a license to dispense liquor with a temporary license for certain events at the Community Center. To do so,the City has to follow the provisions in the Code for issuing a new license, which are covered in Section 502.08. 8. REPORTS Quick No Report Koopmeiners No Report Stigney No Report,but wished everybody a happy holiday. Gunn No Report Mayor McCarty announced that there are vacancies on the Charter Commission, and according to City Records,there will be seven other commission and/or board seats nearing their expiration dates. Quick asked if all reapplications have met the certification or requirements necessary for the applied for commission. Mayor McCarty said the new Council Members will be sworn in on January 4, 1999. Whiting Mounds View City Council APPROVED December 14, 1998 Page 14 noted the meeting would have to be noticed as the first official business meeting of the year. Mayor McCarty announced receipt of an application for appointment to the Street Assessment Committee. The applicant is a civil engineer, James L. Schmidt. Whiting told the Council Mr. Schmidt has been appointed to the committee. Mayor McCarty thanked the City Council for "getting back on track" with the Community Center. There is an extraordinary challenge for the City in its first year of operation. He also thanked the Council for keeping the Franchise Fee on track for its future elimination. Whiting said there would be a Parks and Recreation Commission meeting held on Wednesday, December 30, 1998 - 7:00 p.m.with an alternate date of January 7, 1999- 7:00 p.m. He also asked the Council to send one more of their members to attend the meeting. 9. Next Council Work Session: Monday,January 4, 1999-6:00 p.m. Next Council Meeting: Monday,December 28, 1998-7:00 p.m. Cable Commission Meeting: Tuesday,December 15, 1998-6:00 p.m. Planning Commission Meeting: Wednesday,December 16, 1998-7:00 p.m. 10. ADJOURNMENT There being no further business before the Council, Mayor McCarty adjourned the meeting at 9:50 p.m. Respectfully submitted, x '11 Dave Hix Recording Secretary 5A . 4.� 1 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS,the City of Mounds View,pursuant to Minnesota Statute 412.141, has full authority over the financial affairs of the City and; WHEREAS, the City Council has reviewed the claim numbers: 12507 through 12620 in the amount of$ 358.901.32 TOTAL AMOUNT OF CLAIMS PRESENTED: $ 358,901.32 and has found said claims to be just and correct; It was moved that the City Council of Mounds View hereby approved the attached list of claims dated 12/31/98 by the vote ayes nayes Mayor Clerk-Administrator Date: 01/06/1999 Time: 15:25:16 Operator: Marge Norquist Page: 1 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (A) Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Options: Print: A Sort: V Report•Format: 1 Print Ranges/Options: Y # of copies: 1 Process Payroll: N Total By Account: Y Page on Sort: N Check # Vendor Alpha Name Description All Amount 12531 A T & T Wireless State Display Service 4200 7.52 Total for Vndr A T & T Wireless 7.52* 12532 Able Hose & Rubber, In Blk Air Hose 4472 72.95 Total for Vndr Able Hose & Rubb 72.95* 12533 Airtouch 202-4548 4901 139.12 12533 Airtouch 581-4716 4901 74.15 12533 Airtouch 799-4020 4180 6.03 12533 Airtouch Police Cell Phones 4200 118.55 Total for Vndr Airtouch 337.85* 12534 All City Elevator, Inc Bi-monthly Elevator Sery 4160 73.00 12534 All City Elevator, Inc Install Emergency Light 4160 42.00 Total for Vndr All City Elevato 115.00* 12536 American Flagpole and Minnesota Flag, POW/MIA 4160 255.60 Total for Vndr American Flagpol 255.60* 12537 American Office Produc Calendar Refills, Desk P 4160 19.82 12537 American Office Produc Chair Repair 4200 101.18 12537 American Office Produc Desk Calendar, Refill 4160 16.23 Total for Vndr American Office 137.23* 12539 AmeriPride Linen & App Floor Mats 4160 196.80 Total for Vndr AmeriPride Linen 196.80* 12620 Amy Zebro Meter Refund 40.00 Total for Vndr Amy Zebro 40.00* 12540 Anchor Paper Co. Bath Tissue 4160 103.31 12540 Anchor Paper Co. Bath Tissue, Roll Towels 4160 122.98 Total for Vndr Anchor Paper Co. 226.29* 12541 B & L Steel & Tube, In Tubes, Angles, Strips, R 4460 277.71 Total for Vndr B & L Steel & Tu 277.71* Date: 01/06/1999 Time: 15:25:16 Operator: Marge Norquist Page: 2 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12542 Bacon's Electric Electrical work on Video 4350 388.28 12542 Bacon's Electric Repair Lights At Police 4160 538.16 12542 Bacon's Electric Repair Lights-Utility Ga 4460 1,239.61 12542 Bacon's Electric Repaired Street Lighting 4416 3,800.72 Total for Vndr Bacon's Electric 5,966.77* 12543 Beisswengers Ball Valves, Copper Tubi 4823 19.39 12543 Beisswengers Elbow, Coupling, Sleeve 4650 5.06 Total for Vndr Beisswengers 24.45* 12544 Bob's Personal Coffee Coffee 4160 54.14 Total for Vndr Bob's Personal C 54.14* 12545 Brighton Veterinary Ho Veterinary Services 4200 260.50 Total for Vndr Brighton Veterin 260.50* 12619 Bruce Zakseski Holiday Lights Contest W 4160 60.00 Total for Vndr Bruce Zakseski 60.00* 12546 Bumper to Bumper 4465 -97.55 12546 Bumper to Bumper Bright Lights 4462 27.63 12546 Bumper to Bumper Drive Shaft Support 4465 72.16 12546 Bumper to Bumper Parts for '88 Chevy Truc 4465 16.81 12546 Bumper to Bumper XWA PAB452R 4465 96.58 Total for Vndr Bumper to Bumper 115.63* 12548 Central Sandblasting C 1 Lot Mount Parts 4462 200.00 Total for Vndr Central Sandblas 200.00* 528 City of Richfield Basic Water Operators Tr 4470 100.00 Total for Vndr City of Richfiel 100.00* 12599 City of Sartell Orlando Hotel 4130 487.53 Total for Vndr City of Sartell 487.53* 12549 Collegiate Pacific 15' Permanent W/Back Ben 4367 869.00 Total for Vndr Collegiate Pacif 869.00* 12527 Commonwealth Land Titl Community Center Renovat 4650 281,599.41 Total for Vndr Commonwealth Lan 281,599.41* 12550 Construction Market Da Booster Station Ad 4823 104.40 Total for Vndr Construction Mar 104.40* 12551 Cottens, Inc. '95 Caprice V-Belt 4462 28.93 12551 Cottens, Inc. HO Clamp 4823 8.12 Total for Vndr Cottens, Inc. 37.05* 12562 David Hix Record.City Council Mtg. 4100 125.00 12562 David Hix Record.City Council Tax 4100 63.75 Date: 01/06/1999 Time: 15:25:16 Operator: Marge Norquist • Page: 3 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12562 David Hix Record.Planning Mtg.11/1 4180 97.50 Total for Vndr David Hix 286.25* 12565 David Leverentz Meter Refund 40.00 Total for Vndr David Leverentz 40.00* 12553 Elan Financial Service Botanicals & Beyond-Juel 4160 41.95 12553 Elan Financial Service Erickson Newmarket 4823 27.58 12553 Elan Financial Service Franklin Covey 4350 64.75 12553 Elan Financial Service Fred Pryor Seminar 4360 59.00 12553 Elan Financial Service Home Depot 4900 617.06 12553 Elan Financial Service Lyndale Garden Ctr. 4460 55.24 12553 Elan Financial Service Madison Concourse Hotel 4823 337.11 12553 Elan Financial Service Mechanical Parts Whse. 4465 90.31 12553 Elan Financial Service Northern Hydraulics 4900 163.95 12553 Elan Financial Service Office Depot 4160 377.83 12553 Elan Financial Service Office Max 4901 83.55 12553 Elan Financial Service Plymouth Playhouse 4353 186.00 12553 Elan Financial Service R.J.Riches-Coughlin,Ulri 4130 18.83 12553 Elan Financial Service R.J.Riches-Council Lunch 4130 34.45 Total for Vndr Elan Financial S 2,157.61* 12554 Ericson, Jim City Cell Phone Calls 4180 6.44 Total for Vndr Ericson, Jim 6.44* 12555 Evergreen Land Service Relocation Specialist 157.50 Total for Vndr Evergreen Land S 157.50* 12556 Executone Installed Jack for Modem 4160 280.50 Total for Vndr Executone 280.50* 12557 Fedors Market Coffee 4465 30.69 12557 Fedors Market Groceries 4465 3.51 Total for Vndr Fedors Market 34.20* 12558 Friendly Chevrolet GEO Balancer 4462 74.80 12558 Friendly Chevrolet GEO Hose 4465 24.92 12558 Friendly Chevrolet GEO Hose ASM 4465 25.99 Total for Vndr Friendly Chevrol 125.71* 12559 Glassmasters, Inc. Plexiglass 4360 46.75 Total for Vndr Glassmasters, In 46.75* 12560 Goodin Company Couplings, Ells, Adapter 4823 74.44 12560 Goodin Company Pipes, Nipples, Steel Ro 4823 91.58 Total for Vndr Goodin Company 166.02* 12563 Hydraulic Specialty Co Couplers 4465 61.34 Total for Vndr Hydraulic Specia 61.34* Date: 01/06/1999 Time: 15:25:16 Operator: Marge Norquist Page: 4 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12520 ICMA Retirement Trust ICMA for 12/31/98 3,768.08 Total for Vndr ICMA Retirement 3,768.08* 12564 Innovative Images Completed M.V.Matters 4160 180.00 Total for Vndr Innovative Image 180.00* 12508 Irondale Band Boosters Quarter Page Ad 4160 45.00 Total for Vndr Irondale Band Bo 45.00* 12605 James Stockwell Meter Refund 40.00 Total for Vndr James Stockwell 40.00* 12618 Jeff Wienke Safety Toe Shoes 4360 89.24 Total for Vndr Jeff Wienke 89.24* 12535 Jim Allen Holiday Lights Contest W 4160 75.00 Total for Vndr Jim Allen 75.00* 12589 Joey Olson Holiday Lights Contest W 4160 50.00 Total for Vndr Joey Olson 50.00* 12566 Lightning Printing Color Copies 4350 187.39 Total for Vndr Lightning Printi 187.39* 12567 M.C.I. Worldcom Long Distance Charges 4160 126.23 Total for Vndr M.C.I. Worldcom 126.23* 12568 MacQueen Equipment, In Air Cylinder 4823 51.39 Total for Vndr MacQueen Equipme 51.39* _4569 Manpower Temp-Kristine Jordi 4823 1,147.08 Total for Vndr Manpower 1,147.08* 12603 Marlene Skarda Holiday Lights Contest W 4160 25.00 Total for Vndr Marlene Skarda 25.00* 12570 Master Mobile Home Ser Permit Refund 34.50 Total for Vndr Master Mobile Ho 34.50* 12571 Menards Classic 20 Yr.Fiberglass 4360 6.35 Total for Vndr Menards 6.35* 12572 Metro Area Management Holiday Luncheon 4130 48.00 Total for Vndr Metro Area Manag 48.00* 12573 Metro Legal Services, Del. to 400 Sibley #300 4350 21.00 12573 Metro Legal Services, Del. to B. Long 4100 16.00 12573 Metro Legal Services, Del. to B.Long 4100 11.00 12573 Metro Legal Services, Del. to Kennedy Graven 4160 18.00 12573 Metro Legal Services, Del. to M. Saarion 4350 12.00 Date: 01/06/1999 Time: 15:25:16 Operator: Marge Norquist Page: 5 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12573 Metro Legal Services, Del. to M.Johnson 4350 40.00 12573 Metro Legal Services, Del. to S. Riggs 4100 12.00 Total for Vndr Metro Legal Sery 130.00* 12574 Microtech North Computer Repair 4180 75.00 Total for Vndr Microtech North 75.00* 12575 Minnegasco 2850 82nd Lane N.E. 4901 26.22 12575 Minnegasco 8290 Coral Sea St. 4901 36.35 Total for Vndr Minnegasco 62.57* 12521 Minnesota Child Suppor Child Support for 12/31/ 690.90 Total for Vndr Minnesota Child 690.90* 12509 Minnesota Department o License Renewal-Dazenaki 4360 20.00 12509 Minnesota Department o License Renewal-Fredberg 4472 10.00 12509 Minnesota Department o License Renewal-Pittman 4462 10.00 Total for Vndr Minnesota Depart 40.00* 12522 Minnesota Mutual MN Mutual for 12/31/98 307.69 Total for Vndr Minnesota Mutual 307.69* 12507 Minnesota Pollution Co Class SD Exam-Mike Schnu 4826 32.00 12507 Minnesota Pollution Co Co11.Op.Sem,Decheine,Mor 4826 450.00 Total for Vndr Minnesota Pollut 482.00* 12576 Minnesota Recreation & 1998 Annual Conference 4350 500.00 Total for Vndr Minnesota Recrea 500.00* 12523 MINNESOTA STATE RETIRE MN State Retirement 12/3 100.00 Total for Vndr MINNESOTA STATE 100.00* 12577 Minnesota Street Supt. Membership-Ulrich, Pittm 4472 50.00 Total for Vndr Minnesota Street 50.00* 12578 Minnesota Wanner Compa Ck.Valve,End Cap,Teejet 4900 36.71 Total for Vndr Minnesota Wanner 36.71* 12580 N.E.P. Corporation Brush Shoe Handle,Fiber 4462 204.02 12580 N.E.P. Corporation Drills 4462 270.83 Total for Vndr N.E.P. Corporati 474.85* 12581 National Independent B Hardware Maint.,Intellig 4820 224.88 Total for Vndr National Indepen 224.88* 12582 Norseman Awards Appreciation Plaques 4100 142.18 Total for Vndr Norseman Awards 142.18* 12583 North Metro Mayors Ass Dinner Board Meeting 4100 85.98 Total for Vndr North Metro Mayo 85.98* Date: 01/06/1999 Time: 15:25:16 Operator: Marge Norquist Page: 6 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12584 North Suburban Tobacco Tobacco Compliance Proje 4200 462.60 Total for Vndr North Suburban T 462.60* 12585 Northern Asphalt Const 2 Tons Optimix 4470 148.04 Total for Vndr Northern Asphalt 148.04* 12587 Northern States Power 2234 Highway 10 4475 137.07 12587 Northern States Power 2271 Co. Rd.J W-Warning 4200 6.44 12587 Northern States Power 2335 Knoll Dr.-Greenfiel 4360 75.01 12587 Northern States Power 2399 Hwy.10-Co.Rd.H2 Sig 4475 154.07 12587 Northern States Power 2401 Hwy. 10 4360 24.60 12587 Northern States Power 2401 Hwy. 10-City Hall/P 4160 1,050.14 12587 Northern States Power 2401 Hwy. 10-Police/City 4160 994.80 12587 Northern States Power 2710 Co. Rd. I 4360 74.99 12587 'Northern States Power 2752 Woodcrest-Pk.$helte 4360 104.68 12587 Northern States Power 2764 Ardan Ave. 4360 7.67 12587 Northern States Power 2800 Hwy.10-Traffic Sign 4475 15.58 12587 Northern States Power 2815 Ardan Ave. 4360 • 71.41 12587 Northern States Power 2815 Ardan-Defense Siren 4200 6.44 12587 Northern States Power 2815 Ardan-Warming House 4360 46.54 12587 Northern States Power 5214 Long Lake Rd. 4360 25.30 12587 Northern States Power 5324 Jackson Dr. 4360 32.33 12587 Northern States Power 5324 Jackson-Lambert Pk. 4360 109.47 12587 Northern States Power 5394 Edgewood Dr. 4650 717.31 12587 Northern States Power 5394 Edgewood-Community 4650 1,379.51 12587 Northern States Power 5396 Raymond Ave. 4823 53.18 12587 Northern States Power 5510 Quincy-Traffic Sign 4475 108.10 12587 Northern States Power 7840 PleasantView Dr.N.E 4350 13.94 12587 Northern States Power 7901 Greenwood Dr. 4360 93.69 587 Northern States Power 8228 Spring Lk.Rd.-Stree 4416 12.60 ..587 Northern States Power 8251 Groveland-Lift Sta. 4823 40.87 12587 Northern States Power 8290 Coral Sea St. 4901 24.60 12510 Northern States Power Street Lighting 4416 4,084.83 Total for Vndr Northern States 9,465.17* 12588 Office Max Credit Plan Viewbdr Blk. 4901 31.90 12588 Office Max Credit Plan Viewbdr,Legal Pads 4901 35.08 Total for Vndr Office Max Credi 66.98* 12590 Perfect "10" Car Wash Car Wash 4200 5.33 Total for Vndr Perfect "10" Car 5.33* 12591 Phillips 66 Company Gasoline 4470 500.58 Total for Vndr Phillips 66 Comp 500.58* 12592 Pipeline Supply, Inc. Cement, Primer, Adapter 4823 8.40 Total for Vndr Pipeline Supply, 8.40* 12593 Pitney Bowes Postage Machine 4160 843.00 Total for Vndr Pitney Bowes 843.00* Date: 01/06/1999 Time: 15:25:16 Operator: Marge Norquist Page: 7 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All . Amount 12594 Pomp's Tire Service, I Labor Charge 4900 15.00 Total for Vndr Pomp's Tire Sery 15.00* 12525 Public Employees Retir Defined Contribution for 112.50 12524 Public Employees Retir PERA for 12/31/98 11,083.94 Total for Vndr Public Employees 11,196.44* 12595 Reliable Inkjet Paper for Color P 4180 24.78 Total for Vndr Reliable 24.78* 12596 Remap Corporation January Line Access Char 4180 49.95 Total for Vndr Remap Corporatio 49.95* 12597 Rent All Minnesota Scaffold Rental 4900 51.94 Total for Vndr Rent All Minneso 51.94* 12547 Rick Busby Holiday Lights Contest W 4160 40.00 Total for Vndr Rick Busby 40.00* 12598 Royal Tire - Kampa Tir Eagle M&S Blk 4462 121.67 Total for Vndr Royal Tire - Kam 121.67* 12600 Savin Corporation Copier Drum 4200 26.06 12600 Savin Corporation Copies 4160 97.77 Total for Vndr Savin Corporatio 123.83* 12601 Short-Elliott & Hendri Booster Sta.Improvements 4823 8,892.49 12601 Short-Elliott & Hendri Edgewood Dr. Signal Plan 4470 29.93 12601 Short-Elliott & Hendri Edgewood Dr.Realignment 4470 7,333.91 12601 Short-Elliott & Hendri Edgewood Dr.Turn Lanes 4470 8,220.95 12601 Short-Elliott & Hendri Misc.Water Resources Ser 4650 2,057.97 12601 Short-Elliott & Hendri Utility Conversions to A 4823 156.50 Total for Vndr Short-Elliott & 26,691.75* 12602 Shutters N Shades Cranks for Rolling Shutt 4901 160.28 Total for Vndr Shutters N Shade 160.28* 12604 Snyders Film Processing 4200 8.50 Total for Vndr Snyders 8.50* 12552 Steve Dazenski Steel Toe Boots 4360 190.00 Total for Vndr Steve Dazenski 190.00* 12606 Streichers Professiona Siren Amplifier Repair 4200 41.95 • Total for Vndr Streichers Profe 41.95* 12607 Sysco Food Services of Chicken, Buns, Salad, Pi 4901 92.54 12607 Sysco Food Services of Pasta Salad 4901 44.20 12607 Sysco Food Services of Ribeye Steaks 4901 140.07 Total for Vndr Sysco Food Servi 276.81* Date: 01/04/1999 Time: 15:25:16 Operator: Marge Norquist Page: 8 City of Mounds View FM Entry - Invoice Payment - Approval of Bills ,....eck # Vendor Alpha Name Description All Amount 12608 T R Computer Sales, In Permits,Inspections,Cont 4180 1,390.00 Total for Vndr T R Computer Sal 1,390.00* 12609 Tee's Plus Infant Body Suit 4200 13.95 Total for Vndr Tee's Plus 13.95* 12530 Terri Blatenbauer Petty Cash 4350 75.00 Total for Vndr Terri Blatenbaue 75.00* 12538 The American Stores Air Valves 4465 47.48 Total for Vndr The American Sto 47.48* 12610 Twin City Office Suppl Calendars, Appt. Books 4160 35.12 Total for Vndr Twin City Office 35.12* 12612 U. S. West 783-1307 4360 12612 U. S. West 39.49 783-1326 4360 39.49 12612 U. S. West 785-0950 4360 112.04 Total for Vndr U. S. West 191.02* 12611 U. S. West Dex Directory Listing 4350 162.60 Total for Vndr U. S. West Dex 162.60* 12613 Udor USA, Inc. Stainless Swivel 4460 31.95 Total for Vndr Udor USA, Inc. 31.95* 12614 Unitog Rental Services Uniform Rental 4417 602.68 Total for Vndr Unitog Rental Se 602.68* 15 Voss Lighting Light Bulbs 4160 36.33 Total for Vndr Voss Lighting 36.33* 12561 W. W. Grainger Teflon Tape 4462 39.45 Total for Vndr W. W. Grainger 39.45* 12616 Wager's, Inc Maintenance Contract 4823 27.00 Total for Vndr Wager's, Inc 27.00* 12579 Wally Mortenson Steel Toe Boots 4823 181.90 Total for Vndr Wally Mortenson 181.90* 12617 Waste Management - Bla Refuse Service 4350 1,070.55 Total for Vndr Waste Management 1,070.55* 12499 Western Bank 12499 Western Bank -2.00 Replenish Petty Cash 4901 201.12 12526 Western Bank Savings for 12/31/98 120.00 Total for Vndr Western Bank 319.12* Grand Total 358,901.32* Frtn-2- CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT - CLAIMS AGAINST CITY FUNDS WHEREAS,the City of Mounds View,pursuant to Minnesota Statute 412.141, has full authority over the financial affairs of the City and; WHEREAS,the City Council has reviewed the claim numbers: 12621 through 12645 in the amount of$ 140 306.86 12529 through 12529 in the amount of$ 49.01 TOTAL AMOUNT OF CLAIMS PRESENTED: $ 140,355.87 and has found said claims to be just and correct; It was moved that the City Council of Mounds View hereby approved the attached list of claims dated 01/12/99 by the vote ayes nayes Mayor Clerk-Administrator Date: 01/08/1999 Time: 10:05:20 Operator: Marge Norquist Page: 1 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (A) Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Options: Print: A Sort: V Report Format: 1 Print Ranges/Options: Y # of copies: 1 Process Payroll: N Total By Account: Y Page on Sort: N Check # Vendor Alpha Name Description All Amount 12622 American Planning Assn Publication-Creating Suc 4180 94.00 Total for Vndr American Plannin 94.00* 12623 American Planning Asso APA Natl.Planning Confer 4180 567.00 Total for Vndr American Plannin 567.00* 12642 City of Spring Lake Pa Sewer Charge 4823 525.20 Total for Vndr City of Spring L 525.20* 12625 David Hix Record.City Council Mtg. 4100 ' 111.25 Total for Vndr David Hix 111.25* 12624 Driver & Vehicle Servi License Tabs-BY65766 4360 45.50 Total for Vndr Driver & Vehicle 45.50* 12529 E.M.J. Company Hex Stock 4460 49.01 Total for Vndr E.M.J. Company 49.01* 12626 Hughes & Costello Legal Services-December 4200 3,500.00 Total for Vndr Hughes & Costell 3,500.00* 12627 Innovative Images February Contract 4350 1,500.00 12627 Innovative Images January Contract 4350 1,500.00 Total for Vndr Innovative Image 3,000.00* 12628 Kennedy & Graven Golf Course Matters 4900 8,819.01 Total for Vndr Kennedy & Graven 8,819.01* 12629 League of Minnesota Ci Medical Ins.-Michna 4200 196.45 Total for Vndr League of Minnes 196.45* 12630 Masys Corporation Enfors Maintenance 4200 623.69 Total for Vndr Masys Corporatio 623.69* 12631 Metro Council Environm Sewer Usage 4823 57,700.62 Total for Vndr Metro Council En 57,700.62* Date: 01/08/1999 Time: 10:05:20 Operator: Marge Norquist Page: ' 2 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12632 New Brighton, City of GIS Users Group Fee 4180 1,506.00 Total for Vndr New Brighton, Ci 1,506.00* 12633 North Metro Crossing C No.Metro Crossing Contri 4100 1,000.00 Total for Vndr North Metro Cros 1,000.00* 12634 North Metro I-35W Corr Corridor Coalition Membe 4180 4,511.00 Total for Vndr North Metro I-35 4,511.00* 12635 North Metro Mayors Ass Association Dues 4650 6,052.00 Total for Vndr North Metro Mayo 6,052.00* 12636 Northern States Power 2401 Hwy. 10-Well #1 4823 943.73 12636 Northern States Power 2408 Hillview Rd.-Well # 4823 33.85 12636 Northern States Power 2408 Hillview-Well #4 4823 54.79 12636 Northern States Power 2426 Bronson Dr. 4823 695.68 12636 Northern States Power 2450 Bronson Dr. 4823 931.02 12636 Northern States Power 2450 Bronson Dr.-Booster 4823 87.37 12636 Northern States Power 2466 Bronson-Maintenance 4460 784.93 12636 Northern States Power 2524 Bronson Dr.-Well #2 4823 114.67 12636 Northern States Power 5100 Long Lake Rd. 4823 965.69 12636 Northern States Power 5100 Long Lake Rd.-Well 4823 134.21 12636 Northern States Power 7545 Groveland Rd. 4823 896.85 12636 Northern States Power 7545 Groveland Rd.-Well 4823 149.65 Total for Vndr Northern States 5,792.44* 12637 Ramsey County Chiefs o Membership Dues 4200 20.00 Total for Vndr Ramsey County Ch 20.00* i38 Ramsey County League o RCLLG Membership Dues 4100 721.65 Total for Vndr Ramsey County Le 721.65* 12639 Shred-It Shredding 4200 49.95 Total for Vndr Shred-It 49.95* 12640 Spring Lake Park Fire 1999 Capital Budget 4210 20,585.00 12640 Spring Lake Park Fire Fire Protection Service- 4210 24,094.00 Total for Vndr Spring Lake Park 44,679.00* 12641 Spring Lake Park Polio Gun Range Use 4200 400.00 Total for Vndr Spring Lake Park 400.00* 12643 St. Paul Pioneer Press Subscription 4160 22.10 Total for Vndr St. Paul Pioneer 22.10* 12621 U. S. Postmaster Bulk Mailing Fee-Permit 4820 170.00 Total for Vndr U. S. Postmaster 170.00* 12644 United States Golf Ass Membership Dues 4901 100.00 Total for Vndr United States Go 100.00* Date: 01/08/1999 Time: 10:05:20 Operator: Marge Norquist Page: 3 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12645 Western Bank Savings Bond-Nordgren 4420 50.00 12645 Western Bank Savings Bond-Super 4420 50.00 Total for Vndr Western Bank 100.00* Grand Total 140,355.87* 58 Item No. Type of Business: CP( WK:Work Session;PH:Public Hearing; CA: Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Resolution 5303- City Council Meeting Format Changes Date of Report: January 8, 1999 Per the discussion at the January 4, 1999 Work Session,the attached Resolution makes the following changes: 1. The City Council wishes to limit the City Council meetings to three hours. If a situation arises that requires an extension past 10:00 PM, a motion must be made to extend the meeting for up to one half hour in order to complete any necessary City Council action. This process can be repeated for as long as deemed necessary. If the motion fails,the meeting is automatically adjourned and all remaining items will be automatically carried over to the next meeting under the title of "unfinished business." 2. All City Council Reports will now be given at the beginning of the meeting following the Pledge of Allegiance. 3. A new section will be added to the Council Agenda entitled"Unfinished Business" which will follow the Consent Agenda. Staff Recommendation: Approve Resolution 5303 establishing the 1999 Council Meeting Format RESOLUTION 5303 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION ESTABLISHING THE 1999 COUNCIL AND WORK SESSION MEETING FORMAT WHEREAS,the City Council wishes to create new format for the City Council meeting, the following changes will be made to the format: 1. The City Council wishes to limit the City Council meetings to three hours. If a situation arises that requires an extension past 10:00 PM, a motion must be made to extend the meeting for up to one half hour in order to complete any necessary City Council action. This process can be repeated for as long as deemed necessary. If the motion fails,the meeting is automatically adjourned and all remaining items will be automatically carried over to the next meeting under the title of "unfinished business." 2. All City Council Reports will now be given at the beginning of the meeting following the Pledge of Allegiance. 3. A new section will be added to the Council Agenda entitled"Unfinished Business" which will follow the Consent Agenda. NOW THEREFORE, BE IT RESOLVED,that the aforementioned changes will be made to the City Council Agenda Format, as desired by the Mounds View City Council. Adopted this 11th day of January, 1999 ATTEST: Dan Coughlin,Mayor (SEAL) Chuck Whiting, City Administrator RESOLUTION NO. 5294 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING OFFICIAL NEWSPAPER, ACTING MAYOR,DEPUTY CLERK AND OFFICIAL DEPOSITORY FOR 1999 WHEREAS, it is the policy of the City of Mounds View to appoint the official newspaper,Acting Mayor,Deputy Clerk and Official Depository at its Annual Meeting each year;and WHEREAS, it is the desire of the Mounds View City Council to confirm these appointments for 1998. NOW,THEREFORE,BE IT RESOLVED that the City of Mounds View of the City of Mounds View hereby appointment the following: Official Newspaper: Primary:Focus Secondary:Pioneer Press Acting Mayor: Roger Stigney Deputy Clerk: Bruce Kessel Primary Depository Western Bank (for checking accounts, savings accounts and investments) Secondary Depositories: Minnesota Municipal Money Market Fund U.S.Bank Systems Investment Services Norwest Investments Minnesota American National Bank St.Paul Offerman and Company,Inc. Merrill Lynch,Fenner and Smith,Inc. Dain Rauscher,Inc. Citicorp/City Bank Dean Writter Reynolds,Inc. TCF Banks Piper Jaffrey,Inc. Paine,Webber and Company,Inc. Prudential Securities,Inc. Prime Vest Financial Services,Inc. Solomon Smith,Barney,Inc. State Bank and Trust Company of New Ulm Adopted this 11th day of January, 1999 ATTEST: Mayor Dan Coughlin (SEAL) Clerk-Administrator, Charles S.Whiting (J Focus News December 4, 1998 Mr. Chuck Whiting City Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 Dear Chuck: We would be pleased if you would consider the Focus News as the City of Mounds View's official newspaper for the year 1999 at your City Council Meeting.We value the city's legal business very much and would like the opportunity to serve you. For several years we have increased the rate for legals as minimally as possible and last year we did not increase the rate at all. We will once again hold last year's rate for the coming year. The rates would be as follows: 1 column width: $0.45 per line -first insertion ($4.95 per col. in.) $0.35 per line - subsequent insertions ($3.85 per col. in.) 2 column width: $.90 per line -first insertion ($9.90 per col. in.) $.70 per line- subsequent insertion ($7.70 per col. in.) Notarized affidavits will be provided for each of your publications. We endeavor to print each legal accurately and to follow any written specifications you may have included with your legal. All publications should be received in our office by Friday at noon preceding our Thursday publications. In order to expedite our service to you,please direct your legal notices to Focus News, attention Linda McIntyre,Legal Publications,2819 Hamline Avenue N, Roseville, MN 55113. We prefer legals not be faxed. We are having great success using E-mail or a disk and transferring information into our computer system. These procedures have made this year's legal ads error free which is what we all strive for in a legal publication. If you have budget reports or anything done on a spread sheet, we will still continue to use your hard copy and reduce your original to fit our paper's size; there- fore, no disk is needed. If you have any questions or are in doubt on a specific legal, please give Linda a call at 651-633-3434. Our e-mail address is: info@focusnews.com. Thank you for considering the Focus News as your official newspaper for the upcoming year. We would be honored and pleased to serve you and look forward to a mutually beneficial working relationship with the City of Mounds View. (SZ ely, I,,„vir . Richard Roberts Publisher 'ocus News 2819 Hamline Avenue N, Roseville, MN 55113 • 651-633-3434 • Fax 651-633-9550 LittlE SUbURbAN NEWSPAPERS 2515 E. Seventh Avenue North St. Paul, MN 55109 (651) 777-8800 Chuck Whiting November 4, 1998 City Administrator Mounds View City Hall 2401 Highway 10 Mounds View, MN 55112 Dear Mr. Whiting: Thank you for the opportunity to bid on public notice publication services for the City of Mounds View. The Bulletin has been serving the needs of the Mounds View area for 42 years, and is pleased to provide ongoing coverage of city government and school issues and community events. Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was founded in 1938 by the late T. R. Lillie. His son, N. Theodore Lillie, and grandson, Jeffery Enright, are continuing the family tradition of publishing award-winning community newspapers in the St. Paul suburbs. It is our sincere desire to provide the best possible local news coverage in the Mounds View area. Our experienced news staff provides readers with a well-balanced, lively and informative product each week. We realize that Mounds View area residents look to the New Brighton-Mounds View Bulletin as -one of their primary sources of information about city activities and meetings, and we will continue to publish the city's press releases and photos. The Bulletin is the legal newspaper for the City of Mounds View. The Bulletin also has the official designation of the neighboring communities of St. Anthony and New Brighton, along with Mounds View School District 621. Noon Friday is the deadline each week for submitting public notices to our office. Late public notices are accepted up to 10 a.m. Monday for the Wednesday newspaper. Public notices should be directed to Barbara Wahl, New Brighton-Mounds View Bulletin, P.O. Box 120608, New Brighton, MN 55112. Our fax number is 651/633-3846. Notices may also be sent via e-mail to lillnews@wavetech.net Legal publication rates for minutes, advertisements for bids and other notices are as follows: $4.55 per column inch for a one-time publication $3.95 per column inch for each additional publication Thank you for considering the New Brighton-Mounds View Bulletin as the official legal newspaper for the City of Mounds View for 1999. If you have any further questions, don't hesitate to call us. Sincerely, s � ‘;77.iffer Enright Publisher • N. Theodore Lillie Co-Publisher L Ll�LIE RAMSEY COUNTY REVIEW-MAPLEWOOD REVIEW-OAKDALE-LAKE ELMO REVIEW-NEW BRIGHTON BULLETIN NEWS SHOREVIEW BULLETIN - ST. ANTHONY BULLETIN - SHOPPING REVIEW - EAST SIDE REVIEW ROSEVILLE REVIEW - SOUTH-WEST REVIEW- WOODBURY-SOUTH MAPLEWOOD REVIEW RESOLUTION NO. 5301 ✓ D CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING CITY COUNCIL MEMBERS AND CLERK-ADMINISTRATOR AS REPRESENTATIVES FOR CITY COMMISSIONS AND OTHER ORGANIZATIONS WHEREAS,members of the City Council act as representatives to City Commissions and other organizations; and WHEREAS,the following members of the City Council have been named to act as representatives to the following City Commissions/Task Force for the year 1998: Planning Commission Mounds View Business Association Roger Stigney Dan Coughlin Gary Quick (Alternate) Chuck Whiting Parks and Recreation Commission Northwest Youth and Family Services Rob Marty Dan Coughlin (Alternate) Terri Blatenbauer Ramsey County League of Local Government League of Minnesota Cities Dan Coughlin Chuck Whiting, Clerk-Administrator Chuck Whiting,Clerk-Administrator Dan Coughlin Associate of Metropolitan Municipalities National League of Cities Dan Coughlin Chuck Whiting, Clerk-Administrator Chuck Whiting, Clerk Administrator Dan Coughlin Spring Lake Park/Blaine/Mounds View Firemen's Cable Commission Relief Association Gary Quick Lynne Thomason Dan Coughlin(Alternate) Chuck Whiting,Clerk Administrator Golf Course Committee Dan Coughlin Gary Quick NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Mounds View that the aforementioned appointments are hereby approved. Adopted this 11th day of January, 1999 ATTEST: Mayor Dan Coughlin (SEAL) Clerk-Administrator Chuck Whiting 55 RESOLUTION NO. 5293 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SETTING 1999 MEETING DATES FOR CITY COUNCIL MEETINGS AND WORK SESSIONS WHEREAS,the City Council meets regularly at least twice a month as the Council may designate by ordinance,and; WHEREAS,the City Council has a Work Session the first Monday of every month, and; WHEREAS,the following dates for Work Sessions and City Council meetings have been set for 1999, and NOW,THEREFORE,BE IT RESOLVED that the City Council does hereby set the 1999 Council meeting dates for 1999, shown on exhibit A. Adopted this 1 lth day of January, 1999 ATTEST: Mayor Dan Coughlin (SEAL) City Administrator Chuck Whiting EXHIBIT A 1999 COUNCIL MEETING DATES WORK SESSIONS REGULAR MEETINGS January 4 January 11 January 25 February 1 February 8 February 22 March 1 March 8 March 22 April 5 April 12 April 26 May 3 May 10 May 24 June 7 June 14 June 26 July 6 (Tuesday) July 12 July 28 August 2 August 9 August 23 September 7 (Tuesday) September 13 September 27 October 4 October 11 October 25 November 1 November 15 November 22 December 6 December 13 December 27 /14 Item No. Type of Business: CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: 1999 Pay Plan - Resolution 5302 1999 Compensation Schedule Date of Report: January 8, 1999 At the April 28, 1997 City Council meeting,the Council authorized staff to proceed with the conversion of the job evaluation system from PDI to the Hay evaluation system. The purpose of this conversion was to comply with Minnesota Statutes 471.994"every political subdivision must use a job evaluation system in order to determine the comparable work value of the work performed by each class of its employees. The job evaluation system must be maintained and updated to account for new employee classes and any changes in factors affecting the comparable work of existing classes. Current Options After a year and a half of review, evaluation and analysis, it was determined that a number of positions were not being compensated adequately. In order to bring these positions into better compliance with the market and the internal scale, a set amount of$7,500 was budgeted for these salary increases above 3%for 1999. Attached are two separate options for the conversion, each costing approximately $7,500. Option One gives every employee a 3.00% salary increase for 1999. In addition, those employees that were determined to be underpaid have an additional sum in the columns entitled "Set Monthly Dollar Increase" or"1998 monthly adjustment"to bring them into line with comparable positions in comparable cities (the market). Option Two gives the employees a percentage increase based upon their current salary compared to the Hay study in the following percentages: 1.5%base plus+ Under more than 25% 3% increase Under 20%to 25% 2.5% increase Under 15%to 20% 2.0%increase Under 10%to 15% 1.5% increase Under 3%to over 10% 1% **It is important to note that the bold positions on the chart are unionized positions that have N:\U SERS\CARIS\HAY I.W PD I bargained for 3.0% for 1999. Attached is also the Regression Analysis prepared by Labor Relations Associates. The graph depicts the positions over and under the"ideal"line. The positions that are over the regression line are the positions of Patrol Officer and Sergeant(both of which are unionized positions), Finance Director, Public Works Director,Park and Rec. Director(no longer here), Building Inspector, Administrative Secretary, Mechanic and Maintenance (both in collective bargaining units). I have also included the market comparisons that were done on these positions: Mounds View Market/Stanton Group Finance Director $50,062 - $62,578 $52,328 - 64-550 Parks Director $46,067-$57,584 $35,930-65,064 Public Works Director $53,456-$66,821 $48,201-73,512 Building Inspector $34,459-$43,074 $28,397-48,216 Dept. Secretary $26,498-$33,122 $21,204-42,120 Maintenance $24,731-$34,320 $22,706-37,416 Mechanic $24,731-$34,320 $27,061-38,646 Patrol $28,623-$44,036 $28,464-46,422 Sergeant $44,151-$55,188 $38,724-53,638 As discussed at the January 4 work session, it is my recommendation that Option One be adopted for three reasons. First, a straight 3%cost of living increase is not only equitable and fair,but coupled with the changes made specifically to the four underpaid positions this option should bring us into compliance with the State. Second, although it may not bring the City to the "ideal"line quite as quickly, the internal problems that would be caused by option two can be avoided. We have nothing but hard working flexible employees. Giving them less than the market standard of 3% sends the message that they are undervalued and not appreciated. We have a team of bright and talented individuals that we may risk losing if we send this negative message. The pay rates for our employees are well within the market average (see table above). Finally, as you can see from the regression analysis,the positions that are the most over the line are unionized positions that cannot be affected. Giving the non union employees less than 3%would essentially"punish"them for their lack of a collective bargaining unit- again, a message that we don't want to send. If you have any questions about the attached information,please do not hesitate to call me at 717-4008. Staff Recommendation: Adopt Resolution 5300 1999 Compensation Schedule, authorizing a 3%increase for all employees including the changes for Cable Producer, Housing Inspector, N:\USERS\CARIS\HAY 1.W PD2 Planning Associate, and Human Resource Technician. Cari Schmidt Assistant to the City Administrator N:\USERS\CARIS\HAYI.WPD3 RESOLUTION 5302 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING THE 1998 COMPENSATION AND INSURANCE SCHEDULE FOR NON-UNION,POLICE,PUBLIC WORKS AND PARK MAINTENANCE PERSONNEL WHEREAS,the Personnel Compensation schedule must be set annually by Council resolution; and WHEREAS,the proposed wage ranges are included in the attachment labeled OPTION ONE; and WHEREAS,the Compensation Schedule reflects a 3% annual compensation adjustment for all non-union,public works and park maintenance employees; and WHEREAS,the Compensation Schedule reflects an additional amount for the Planning Associate,Housing Inspector, Cable Producer, and Personnel Technician in response to the Hay Study; and WHEREAS,it is proposed that the City continue to make a contribution toward the cost of employee health insurance of up to$350/mo. toward the cost of family health insurance and shall pay the entire premium for full-time single health insurance coverage for all non-union,police, public works and park maintenance employees. NOW THEREFORE,BE IT RESOLVED THAT the attached compensation schedule is hereby approved by the City Council of the City of Mounds View. Adopted this 11th day of January, 1999 ATTEST: Dan Coughlin,Mayor (SEAL) Chuck Whiting, City Administrator 0 0 r- m • . (I) — �+ A o 1— it c) - o z 1.4 o O b a) `3 4)0 1-4 U .0 E L+ U O U a) 0 a) r-I a_ 1i 14 C) L.r V] 0 4) 0 Lir A Ou - fs4 CD) W C) p• CO - o a7 W COa) A CO CO COaU - • >1 4) Q •r l C) .'1 )a • ,5C t~94 .N a) 4) E CO • 0 •r4 14 •14 MD )a 4) H w rd U to -,-41 < M+ .0OAa0 O 11-1 ‘1 000g0 0 W VZ] 3 a) 04 00 4-) C) 0 � ate) -° - 0 CO < a) UUc.t1Ub � H � 0Oa) � • r-1 Z U •ri O •.• .a) O 'a o Ord .a, OC) a >4'ri,r-I as x rito O r-I 1.4 ,i ,Li 0 •ra (I) 0) J `m - - o0 � it0akiO0roEUrlVk0)) C) a. awCLI a. Ci) Ica aa (344ZZKCv2as00 0) •mN ,..1 N M c)' !n to t- GO Gn O r4 N M V I!') 1.0 "Cr ri ri ri 1-4 141 rl v--1 0 0 LL Ol 1.,.. - - - 0 (f) V) z — W z_ L"• 00 u' M • – 0 J . • Qz Z 0 M 0 Q Li C- - O W • U, 00 0 W - o� m D . ZWit._. �- .. - 00. 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N. gv - Lo mn $ a E O :cm.-- nm;v �•tnQLo ...N Vic' (7 a m 0 Z (0111, c i >: Item No. Type of Business: CB WK:Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Resolution 5295 Authorizing the City to enter into a new lease agreement with Children's Home Society Date of Report: January 7, 1999 A new lease agreement has been drafted with Children's Home Society to reflect the following: —► CHS pays their 1999 base rent of $30,000 on January 1, 1999, with no monthly payment to follow for the rest of 1999; In the years to follow, Children's Home will pay their base salary with an additional % based on the number of children attending Children's Home. —► CHS will account for the rent they would have paid each month (based on the number of children in the facility for each month of 1999) and either pay that amount after 1999 under terms to be agreed upon, or break the lease; and —► CHS will install their playground equipment and leave it with the facility if they break the lease early; and —+ CHS will provide accounting information that demonstrates the fiscal problems they are currently experiencing. Attached is a draft of this agreement which reflects the aforementioned provisions. Staff Recommendation: Approve Resolution 5295 authorizing the City to enter into a new lease agreement with Children's Home Society. Cari Schmidt Assistant to the City Administrator RESOLUTION NO. 5295 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A NEW LEASE AGREEMENT WITH THE CHILDREN'S HOME SOCIETY WHEREAS,the City of Mounds View and the Children's Home Society have agreed to draft a new lease agreement for the space at the Community Center; and WHEREAS, it is in the best interest of the City of Mounds View to enter into this new lease agreement, and WHEREAS, the mutually agreeable terms have been laid out in the attached contract; NOW THEREFORE, BE IT RESOLVED THAT the attached draft contract is hereby approved as to its contents and accurately reflects the terms by the City of Mounds View and the Children's Home Society. Adopted this day of January, 1999 ATTEST Mayor Dan Coughlin (SEAL) 4huck Whiting, City Administrator LEASE AGREEMENT THIS INDENTURE made and entered into as of this day of , 1998,by and between the City of Mounds View,MN whose address is 2401 Highway 10, Mounds View, MN 55112 (hereinafter referred to as "Landlord") and Children's Home Society of Minnesota, a Minnesota non-profit corporation,whose address is 1605 Eustis Street, St. Paul,MN 55108 (hereinafter referred to as "Tenant"). WITNESSETH ARTICLE I-GRANT,TERM,AND RENEWALS 1.1 DEMISED PREMISES. In consideration of the rents, covenants and agreements herein reserved and contained on the part of Tenant to be performed,the Landlord does hereby lease to Tenant that portion of the building formerly known as the Bel Rae Ballroom located at 5394 Edgewood Drive,Mounds View,Minnesota 55112 (the`Building") consisting of that portion of the Building described on Exhibit A attached hereto (hereinafter referred to as the"Demised Premises"). Without limiting the foregoing,the Demised Premises consist of(a) classrooms, (b) an office, and©the tot lot, all as shown on Exhibit A attached hereto. In addition, Tenant shall have certain rights regarding Shared Space consisting of the kitchen, as more fully described in Section 7.1 hereof. The layout set forth in Exhibit A shall not be altered of changed except upon the written agreement of Landlord and Tenant. . .. eof T ` s s 4 •fl ae ® I u and shall c'oxt e d 4 t_ S e .441 a e am at `i ;eas dup �expirationP `pe atmattci ARTICLE II-RENT ®< ._._.,...' A ." :t an d fi .. ..k. -tt v. O 4 Mir �= e ® h- G i e'11.-,. 1 •e� 'z' s s ® ARE 0 'a�e�� ai xas tThir o a1404 ! 'ollar 0 0. � � t�ad3 nee�'e vela ��o f ` gym.nt `fT ei un fand nal14 I7 li s($ 50Q i' .�.. o ..f. _. o ea . :� n `` S � 6. � .�,rL..za��'hv4x.'#L'S9 Yw't#s��..�:zb.:sL.t� -b3f:�,. ' .. P d ' ,e ea l eo dr the:`De scd°lief n°se o 00-744'.! Page 1 DRAFT-- 12/15/98--CHS Lease agreement q4Q4e 4aa a0a e `7 ..v,4 sing. �L` �at n ', ,. ':4 V '"• v oa a.3�1 i. i ` wak`6 v r� �,. ,�. = �� ��.� _...-AFA�'�''ia,..mss �.. , w _ . . Ai . . a s 11 . € 404-. a �a ° .:� ��e � o� 1 tea, a �� la .. _.• ..._a, ..,. .,,... ,...moi '. ,.'-C�#z[�!���, r �. F a r.4 a s a kR_, sem. .� r, �<. -�...:..a, .' �.�.+ z, . .. �.._,�«��. 2.2 RENT DELINQUENCIES. Should the Tenant, for any reason whatsoever,fail to pay, when the same is due and payable, any"Base Rent" and should said rent to be paid withing ten (10) days of the due date, Tenant shall pay a late penalty equal to five percent(5%) of total rents due. In addition,thirty (30) days after the due date, all unpaid rents shall commence to bear interest from said date to the date of payment at the rate of two percent (2%)per annum in excess of the prime rate as quoted by First Bank Minneapolis,N.A.to its best customers, or the highest rate permitted by law, whichever is less. Nothing contained herein shall constitute a grace period permitting the late payment of rent of an obligation of Landlord to forbear it other remedies hereunder. @g,, g ' cgtE l< t � Et e CW0 rairlPq v teff' ... z a..m�''..z'xr .S..' �.tl' tlmf.s 'c»r' xi ..FP� �9 4 , a 0 i ac lecaina4t lit,AVAh ` l dM MAT:: 1 1accep b5'le NDT- �x ; ��.,,:� � �. ate_ ���.�� - �_,.,� h L7NT 1O = nazi. ' £ av(de,=r i1y-atedutz tl ,,r o � n to o di '�-: . rrz,,.;�--_4zas . �:_s .�c�.:sx_s. �.tmms::,& .r�' ... x:�a� _ .ea:�..� ARTICLE III-USE OF PREMISES 3.1 TENANT'S USE. During the term of this Lease,the Demised Premises shall be used solely for the purpose of child care and general office purposes. Tenant shall have the right to remain open for business in the Demised Premises during hours even if no other tenants are open during those hours. Tenant shall have the right to secure its exclusive access to the Demised Premises and to provide access by its customers to the Demised Premises even if other tenants are not open for business during those hours. Landlord shall meet and confer with Tenant regarding other uses of the Building which might be inconsistent with Tenant's use of the Demised Premises. Subject to compliance with the City's zoning code and subject to approval of Landlord as to the size, style, and location, Tenant may, at its sole expense install signage for the Demised Premises on and around the Building. Page 2 DRAFT-- 12/15/98--CHS Lease agreement 3.2 COMPLIANCE WITH LAWS AND REGULATIONS (a) Tenant covenants and agrees that at all times during the term hereof it will maintain and conduct its business insofar as the same relates to the occupancy of the Demised Premises in such a manner and under such regulations that are in strict compliance with any and an applicable government and/or quasi-governmental laws,rules regulations and orders, as well as any and applicable provisions of insurance underwriters at the Demised Premises and the Declaration. Tenant shall indemnify Landlord,Landlord's insurer, and the property of Landlord against any and all claims or losses or actions or causes of action resulting from Tenant's failure to comply with said laws,rules,regulations and orders and underwriting provisions. (b) Tenant hereby agrees to maintain the premises and operate its business so as to not erect any barriers to disabled persons in violation of the ADA(the Americans With Disabilities Act(ADA),codified at 42_U.S. SS 12101 et seq.)Failure to do so shall operate as an event of default and a breach of the Lease. 3.3 AFFIRMATIVE COVENANTS OF Tenant. Without in any way limiting or restricting other covenants of Tenant elsewhere in this Lease contained, the Tenant affirmatively covenants and agrees as follows: (a) Subject to prior written notice and a reasonable opportunity to cure, Tenant shall neither permit or suffer and conduct,noise, odor or other nuisance in, on or about said Demised Premises to annoy or disturb any persons occupying adjacent premises or common areas, (b) Tenant shall keep the Demised Premises, including all service and or loading areas for the Demised Premises, if any, free from all litter, dirt and obstructions; © Tenant shall arrange for and accept deliveries only at such times, in the areas, and through the entrances designated for such purpose by Landlord; (d) Tenant shall keep said demised premises clean and in the sanitary condition required by ordinance and regulations of any governmental or quasi governmental unit having jurisdiction; (e) Tenant shall neither permit or suffer the Demised Premises, or the walls, ceilings or floors thereof to be endangered by overloading; (f) Tenant shall properly maintain any HVAC system located within in the Demised Premises; (g) Tenant shall not use or permit the Demised Premises to be used for any purpose other than set forth in Section 4.1 hereof; Page 3 DRAFT-- 12/15/98--CHS Lease agreement (h) Tenant shall cooperate with Landlord to control their joint patrons so as to prevent drunken,unruly or obnoxious behavior. ARTICLE IV-MAINTENANCE AND REPAIRS 4.1 TENANT'S MAINTENANCE AND REPAIRS. Tenant agrees that, from and after the date that possession of the Demised Premises is delivered to the Tenant, and until the end of the term hereof it will be responsible for all repairs,maintenance and replacements to the Demised Premises, including but not limited to: The interior and exterior portions of all doors, windows,plate glass, locks, frames, hardware and showcases surrounding and incorporated into the Demised Premises;the mechanical,plumbing,heating, air conditioning and/or cooling, ventilating and electrical equipment and systems; partitions, and all other fixtures, appliances and facilities furnished by Landlord or Tenant (but only to the extent the foregoing are located within the Demised Premises). Tenant shall not, however,be responsible for repair of any damage caused by negligence of Landlord, its employees or agents. Landlord shall keep the foundations, exterior walls (except plate glass) and the roof in good repair, except that Landlord shall not be required to make any repairs or modifications by reason ob the negligence of Tenant, its agents, employees, or invitees. Tenant shall be required to pay for any structural repairs or alterations which may be required by governmental rules, orders or regulations as a result of Tenant's use and or occupancy of the Demised Premises. During reasonable business hours, Landlord may inspect the Demised Premises to insure Tenant's compliance with the above and foregoing requirements. Tenant accepts the Demised Premises as being in good and sanitary order, condition and repair. Landlord shall maintain and repair all mechanical,plumbing, HVAC, and electrical systems, appliances, and fixtures located outside of the Demised Premises. 4.2 SURRENDER OF PREMISES. At the expiration or termination of this Lease, Tenant shall surrender the Demised Premises in the same condition as existed on the commencement date of this Lease, ordinary wear and tear excepted. All fixtures which have become attached shall be part of the Demised Premises, except trade fixtures. Further,within ninety (90) days prior to the expiration of the term,Landlord shall during reasonable business hours,have the right to show the Demised Premises to third parties for the purposes of again leasing same. 4.3 CLEANING AND JANITORIAL. Unless otherwise agreed in writing by Landlord and Tenant, Tenant, at its sole expense, shall provide cleaning and janitorial services for the Demised Premises and shall maintain the Demised Premises in a neat and orderly condition. ARTICLE V-LANDLORD IMPROVEMENTS 5.1 LANDLORD IMPROVEMENTS. Tenant shall be responsible for all costs of providing telephone service to the Demised Premises and any other improvements otherwise required by this Lease. All work by Tenant shall be done in accordance with the provisions of Page 4 DRAFT-- 12/15/98--CHS Lease agreement Article hereof. Nothing contained in this Lease shall prohibit Tenant from using the services of such architect as Tenant shall, in its sole discretion, select. ARTICLE VI -SHARED SPACE 6.1 SHARED SPACE. In addition to the Demised Premises, Tenant shall have non- exclusive use in common with the Landlord and other Tenants of the Shared Space consisting of the kitchen. When used by Tenant,the Shared Space shall be maintained in a neat and orderly condition. Use of the Shared Space shall be available to Tenant subject to prior scheduling arranged by Landlord. Tenant shall indemnify, defend and hold Landlord harmless for any claims, damages, injuries, or causes of action arising out of or relating to the use of the Shared Space by Tenant, its employees, agents, customers,or invitees. Landlord and Tenant shall meet and confer to provide Landlord with access to services provided by Tenant on such terms and conditions as the parties shall mutually agree to. In addition to the foregoing,provided that the dance floor located in the Building has not been reserved by Landlord or a third party at least 48 hours prior to the desired time and provided that Tenant has obtained prior approval from Landlord(which approval shall not be unreasonably withheld),Tenant shall have use of the dance floor cor casual use as a reception area in connection with its business in the Demised Premises. ARTICLE VII-UTILITIES 7.1 CHARGES. Tenant shall pay for all utilities separately metered to the Demised Premises, including,without limitation,telephone service. 7.2 SUPPLY OF UTILITY SERVICES. Landlord shall not be liable in any way to Tenant for failure or defect in the supply or character of electricity,water, sewer, or gas furnished by reason of any change, requirement, act,neglect or omission of the public utility serving the Demised Premises or for any reason not attributed to Landlord. 7.3 INTERRUPTION OR DISCONTINUANCE OF LANDLORD'S SERVICE. Tenant agree that Landlord shall not be liable for failure to supply any service when Landlord uses reasonable diligence to supply the same, it being understood that Landlord reserved the right to temporarily discontinue such services, or any of them, at such times as may be necessary by reason of accident,unavailability of employees, failure of supply, acts of God or any other happening beyond the reasonable control of Landlord. When Landlord causes services to be rendered by independent third parties, Landlord shall have no liability for the performance thereof or liability therefor. 7.4 GARBAGE AND REFUSE COLLECTION. All garbage and refuse shall be kept in containers and shall be place outside of the Demised Premises prepared for processing and/or collection. Page 5 DRAFT-- 12/15/98--CHS Lease agreement ARTICLE VIII-ALTERATIONS 8.1 ALTERATIONS. Tenant may, from time to time during the term,make at its own cost and expense, any alterations or changes in the interior of the Demised Premises in good and workmanlike manner in compliance with all applicable requirements of law, provided Tenant follows the notice procedure and obtains Landlord's consent where required, all in accordance with this Article. Landlord agrees to cooperate with Tenant for the purpose of securing necessary permits for any changes, alterations, or additions permitted under this section without expense to the Landlord. Upon completion of such alteration, Tenant shall present to Landlord a copy of the endorsement to Tenant's fire and extended coverage insurance policy which endorsement shall incorporate said alterations into the policy. All costs of any such work shall be paid promptly by Tenant so as to prevent the assertion of any claims for labor or materials. Tenant agrees to advise Landlord in writing of the date upon which such alterations will commence in order to permit Landlord to post notice of non-responsibility. 8.2 NOTICE TO LANDLORD. Prior to the initiation of any alterations, Tenant shall give Landlord written notice thereof and specify the work to be performed in reasonable detail and include the names of the contractors and materialmen to be utilized. After receipt of said notice, Landlord shall have a reasonable period of time during which it shall make a determination, in its sole discretion, as to whether or not the proposed work would create a structural or design change at the Demised Premises. Tenant shall provide Landlord upon request with any further information reasonably necessary for such determination by Landlord and Tenant shall not commence work or accept materials prior to receiving written notice of Landlord's determination. If Landlord determines that the proposed work would create a structural or design change, then the same must be approved in writing by Landlord prior to the commencement of any work or the delivery of any materials therefor. ARTICLE IX 9.1 TENANT'S LIABILITY INSURANCE. Tenant shall during the entire term hereof keep in full force and effect and a policy of public liability and property damage insurance with respect to the Demised Premises, and the business operated by Tenant and any sublessee with respect to the Demised Premises, in which the limits of public liability shall not be less than $1,000,000 per person and $1,000,000 per accident and in which the property damage liability shall not be less than$500,000. The policy shall name Landlord as additional insured and shall contain clauses that losses shall be payable notwithstanding any act or negligence of the insured which might otherwise result in forfeiture of said insurance, and that the insurer will not cancel or change the insurance without first giving the Landlord(30) days prior written notice. The insurance shall be with an insurance company approved to do business in Minnesota and reasonably acceptable to Landlord. Tenant shall deliver a copy of the policy or a certificate of insurance to Landlord prior to taking possession of the Demised Premises, and a renewal certificate at least thirty (30) days prior to the expiration of any policy term. Page 6 DRAFT-- 12/15/98--CHS Lease agreement • 9.2 INDEMNIFICATION. Except for claims arising out of the willful or negligent act of the other party or its representatives, each party shall indemnify and defend the other party against all claims, expenses and liabilities incurred, including reasonable attorneys' fees, in connection with loss of life,personal injury, and/or damage to property arising out of any occurrence in, upon or at the Demised Premises, or the occupancy or use thereof by said party, or occasioned wholly or in part by any act or omission of said party, its agents, employees, contractors, sublessee, concessionaires or licensees. ARTICLE X-DESTRUCTION AND RESTORATION 10.1 DAMAGED. If a significant portion of the Demised Premises shall be damaged or damaged by any uninsured casualty, Landlord shall have the option to rebuild or to terminate this lease by exercise of notice to Tenant given not more than 6 months from the date of such damage. • 10.2 TENANT'S INSURANCE COVERAGE. Tenant shall carry insurance against fire and such other risks as are from time to time included in standard extended coverage insurance for the full insurable value of the Demised Premises. Tenant shall also carry said insurance for the full insurable value of Tenant's merchandise,trade fixtures, furnishings, wall covering, carpeting, drapes, equipment and all other items of personal property of Tenant located on or within the Demised premises. Any insurance policies required to be carried pursuant to this paragraph shall name Landlord as an additional insured, and Tenant shall furnish Landlord evidence of such insurance coverage. Such insurance policies may not be modified or terminated without thirty(30) days advance notice to Landlord. 10.3 INDEMNIFICATION. Each party hereto ("Releasing Party") hereby releases the other("Released Party") from any liability which the Released Party would,but for this paragraph,have had to the Releasing Party arising out of or in connection with any accident or occurrence or casualty: (a) Which is or would be covered by a fire and extended coverage policy (with vandalism and malicious mischief endorsement attached) or by a sprinkler leakage or water damage policy in the state in which the Demised Premises is located regardless of whether or not such coverage is being carried by the Releasing party, and (b) to the extent of recovery under any other casualty or property damage insurance being carried by the releasing Party at the time of such accident or occurrence or casualty,which accident of occurrence or casualty may have resulted in whole or in part from the act of neglect of the Released Party, its officers, agents or employees,provided, however,the release hereinabove set forth shall become inoperative and null and void if the Releasing Party contracts for the insurance required to be carried under the terms of this Lease with an insurance company which: Page 7 DRAFT-- 12/15/98--CHS Lease agreement (1) Takes the position that the existence of such release vitiates or would adversely affect any policy so insuring the Releasing Party in a substantial manner and notice thereof is given to the Released Party, or (2) Requires the payment of a higher premium by reason of the existence of such release, unless in the latter case the Released Party within ten(10) days after notice thereof from the Releasing Party pays such increase in premium. 10.4 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 or death of persons occurring on the Demised Premises or the adjoining properties,mall areas, sidewalks, streets or alleys, or in any manner growing out of or connected with Tenant's use and occupation of the Demised Premises, or the condition thereof or of mall areas, sidewalks, streets or alleys adjoining, caused by 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 of Tenant of both) or for which such party 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 and Tenant's respective policies of insurance shall each contain a waiver of subrogation provision incorporating the above covenant and providing that the insurance shall not be invalidated by the insured's 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. 10.5 ADDITIONAL HAZARDS. Tenant covenants and agrees that it will not do or permit anything to be done in or upon the Demised 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. 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 Page 8 DRAFT-- 12/15/98--CHS Lease agreement rent" shall be due and payable as billed by Landlord. Landlord covenants and agrees that it will not do or permit anything to be done in or upon the Building or bring in anything or keep anything therein which shall cause the cancellation of Tenant's insurance policies, or increase the rate of insurance, on the Demised Premises, above the standard rate on said premises. Landlord further agrees that in the event it shall do anything to so increase the insurance rate,Landlord shall promptly pay to Tenant on demand any such increase resulting therefrom. 10.6 NOTICE. Tenant shall give immediate written notice to landlord and Landlord's Mortgagee of any damage caused to the demised Premises by fire of their casualty; or of any cancellation or reduction of Tenant's insurance coverage required pursuant to this Lease. ARTICLE XI-EMINENT DOMAIN 11.1 PARTIAL OR TOTAL CONDEMNATION. If the whole or any part of the Demised Premises or the structure encompassing same shall be taken by any public authority under the power of eminent domain, the Tenant shall have no claim to,nor shall Tenant be entitled to, any portion of any award, for damages or otherwise. In the event only a portion of the Demised Premises are taken,the Lease shall terminate as to the part taken, and the rent and other charges herein reserved shall be adjusted for the remainder of the Demised Premises so that the Tenant shall be required to pay for the balance of the term that portion of the rent reserved which the value of the Demised Premises immediately prior to the date of condemnation. The rental and other charges shall be apportioned as aforesaid by agreement between the parties or by arbitration or legal proceedings, but pending such determination the Tenant shall pay at the time and in the manner above provided the rental herein reserved and all other charges herein required to be paid by the Tenant, without deduction, and upon such determination,the Tenant shall be entitled to credit for any excess rentals paid. If, however,by reason of the condemnation there is not sufficient space left in the Demised Premises for the Tenant to reasonably conduct business; then, in such event,the Lease shall terminated. Although all damages in the diminution in value of the leasehold or the fee of the leased premises, nothing herein shall be construed to prevent Tenant to claim and recover from the condemning authority such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right for its leasehold interest. ARTICLE XII-ASSIGNMENT AND SUBLETTING 12.1 CONSENT REQUIRED. Tenant may not assign this Lease and/or sublet the Demised Premises, or any part thereof without in each instance obtaining the prior written consent of the Landlord, which consent Landlord shall have the right to withhold in its sole discretion. A transfer of a controlling interest in Tenant shall constitute an assignment within the meaning of the preceding sentence. The consent by Landlord to any assignment or subletting may not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. This prohibition against assigning or subletting shall be construed to include a Page 9 DRAFT-- 12/15/98--CHS Lease agreement prohibition against any assignment or subletting by operation of law. If this Lease be assigns, or if the Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, Landlord may collect rent from the assignee,under-Tenant or occupant, and apply the net amount collected of he rent herein reserved,but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignees, under-Tenant or occupancy as Tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. Notwithstanding any assignment of sublease, Tenant shall remain fully liable on this Lease and shall not be released from performing any of the terms, covenants, and conditions of this Lease. Tenant shall pay to landlord any reasonable costs and expenses (including legal fees)incurred by Landlord in connection with such assignment or subletting. ARTICLE XIII-TENANT'S DEFAULT 13.1 .EVENTS OF DEFAULT. The following events shall be deemed to be events of default by Tenant under this Lease: (a) Tenant shall fail to pay when due any installment of rent, or other charges provided herein, orany portion thereof and the same shall remain unpaid for a period of ten(10) days after the same has become due; or (b) Tenant shall for reasons other than those specifically permitted in this Lease, cease to conduct its normal business operations in the Demised Premises or shall vacate or abandon the Demised Premises. Tenant will be deemed to have vacated, closed, or abandoned the Demised Premises if it fails to conduct its • business on the Demised Premises during regular working hours for a period of more than ten(10) consecutive business days; or (c) Tenant shall do or permit to be done anything which creates a lien upon the Demised Premises; and does not cause said lien as to Landlord's interest in the property to be released within ten (10) days after written notice from Landlord; or (d) Any representation or warranty made in writing to Landlord in this Lease or in connection with the making of this Lease,by Tenant of any guarantor, shall prove at any time to have been incorrect in any material respect when made or becomes incorrect; or (e) Tenant or any guarantor shall make an assignment for the benefit of creditors, for a petition in bankruptcy, be adjudicated insolvent or bankrupt or admit in writing the inability to pay debts as they mature,petition or apply to any tribunal for the appointment of a receiver,trustee or similar officer for Tenant or any guarantor or a substantial part of the assets of Tenant or any guarantor, or shall commence any Page 10 DRAFT-- 12/15/98--CHS Lease agreement proceeding under any bankruptcy,reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction,whether nor or hereafter in effect; or if there shall have been filed any such petition or application or any such proceeding shall have been commenced against Tenant or any guarantor, which remains undismissed for a period of thirty(30) days or more; or Tenant or any guarantor by any act or omission shall indicate their consent to, approval of or acquiescence in any such petition, application or proceeding or the Appointment of a receiver of or any trustee or similar officer for Tenant or any guarantor, or shall suffer any such receivership or trusteeship to continue undischarged for a period of thirty(30) days or more; or any judgment, writ, warrant or attachment or execution or similar process shall be issued or levied against a substantial part of the property of Tenant or any guarantor and such judgment,writ, or similar process shall not be released,vacated or fully bonded within thirty (30)days after its issue or levy; or (f) Tenant shall have failed to comply with any provisions of this Lease and shall not cure any failure within thirty (30) days, or such longer period of time as may be reasonably required to cure such default, after Landlord by written notice,has informed Tenant of such noncompliance. 13.2 LANDLORD'S REMEDIES. Upon the occurrence of any of the above lettered events of default, Landlord may elect to either(1)terminate this Lease; or(2)terminate the Tenant's right to possession only without terminating this Lease,hereinafter referred to as re-entry; (3)pursue any other remedy available at law or in equity. Landlord shall have all remedies provided in this Lease and under governing law. All of the remedies given to Landlord in this Lease or by law shall be cumulative, and the exercise of one right or remedy by Landlord shall not impair its right to exercise any other right or remedy. In the event of election under(2)above to terminate Tenant's right to possession only, Landlord may,at Landlord's option,proceed to demand possession by notice and proceeding under the Unlawful Detainer Law of Minnesota and take and hold possession thereof without such proceeding or entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay the rent hereunder for the full term. Upon re-entry Landlord may remove all personal property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Upon and after entry into possession without termination of the Lease, Landlord shall use reasonable efforts to relet the premises, or any part thereof for the account of Tenant to any other person, firm or corporation, for such rent and other charges for such time and upon such terms as Landlord, in Landlord's sole subjective discretion shall determine, but Landlord shall not be required to accept any potential Tenant offered by Tenant or to observe any instruction given by Tenant about such reletting. Landlord may make repairs or redecorate the premises to the extent deemed Page 11 DRAFT-- 12/15/98--CHS Lease agreement by the Landlord necessary or commercially reasonable. Notwithstanding any action of possession or re-entry into the Leased Premises by the Landlord as permitted in this Article, or termination of this Lease as permitted under Article XIII,it is stipulated and agreed that Tenant shall remain liable to landlord for damages for breach of this Lease and of Tenant's covenants hereunder in an amount equal to the total of the following: (a) All fixed minimum rent, additional rent, late charges, additional rent payable and otherwise, and any and all other charges payable by Tenant hereunder or under other agreements with the Landlord due for the period prior to the date of termination of this Lease or re-entry but unpaid, together with additional late charges from due date until paid; PLUS (b) All costs and expenses incurred by Landlord in connection with re-entry and repossession of the Leased Premises,the repair, renovation,remodeling, or redecoration thereof to the state required by this Lease upon termination or as may be necessary for reletting, and any broker's commissions, attorneys' fees, and other charges incurred in connection therewith or in connection with reletting the Leased Premises, including attorneys' fees, expended in the collection of Rents; PLUS (c) A sum equal to the present value of all Rents which would have been payable hereunder after the date of termination or re-entry for the balance of the term of the Lease had the Lease not been terminated or re-entry made,together with interest thereon at the rate of two percent(2%) per annum in excess of the prime rate as quoted by First Bank Minneapolis,N.A., to its best customers, or the highest rate permitted by law, whichever is less from due date until paid, PROVIDED THAT, in the event the Demised Premises are relet(which reletting shall in no event relieve or release Tenant of or from liability for damages hereunder) for all or any part of the balance of the original term hereof then, for each month during such reletting for which landlord receives net avails of such reletting, Tenant shall be entitled to a credit against its liability to Landlord for Such month in an amount equal to such net avails, and PROVIDED FURTHER that, in lieu of damages as set forth in the foregoing provisions of this Section, Landlord may waive such foregoing provisions and elect, by written notice to Tenant within ninety (90)days after termination or re-entry,to receive forthwith as liquidated damages for such breach, in addition to the amounts specified above, a sum equal to fifteen percent(15%)of the Rents which would have been due and payable for the portion of the balance of the term of the Lease from the date of the early termination or re-entry through the final lease year. °y r€un Kqu`p .tel AFAJWI ` $off Tess 6,4:15A0, et dl c Page 12 DRAFT-- 12/15/98--CHS Lease agreement 13.4 COSTS, EXPENSES AND ATTORNEYS FEES. If one party is required to seek legal counsel for collection or to commence litigation or arbitration in order to enforce the covenants and agreements in this Lease,the party prevailing in such collection, litigation or arbitration shall have the right to reimbursement from the other party of all reasonable costs, expenses and attorney's fees. ARTICLE XIV-ESTOPPEL CERTIFICATE ATTORNMENT AND SUBORDINATION 14.1 ESTOPPEL CERTIFICATE. Within ten(10) days after the request by Landlord, Tenant shall deliver to Landlord a written and acknowledged statement certifying that Landlord has completed construction of the Demised Premises,that Tenant has accepted possession of the Demised Premises,that this Leases is unmodified and in full force and effect(or if there have been modifications,that the same is in full force and effect as modified and stating the modifications),the commencement date and termination date of the Lease,that Landlord is not in default under the Lease (or, if there is a default, stating specifically the default) and the dates to which the"minimum rent" and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser or mortgagee of the fee of the Demised Premises. 14.2 ATTORNMENT. Upon request of Landlord,Tenant shall in the event any proceedings are brought for the foreclosure of or in the event of exercise of the power of sale under any mortgage made by Lessor covering the Demised Premises, attorn to the purchaser upon any foreclosure or sale and recognize such purchaser as Landlord under this Lease. 14.3 ATTORNEY-IN-FACT. Tenant,upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of sections 14.1 and 14.2 above. Tenant hereby irrevocably appoints Landlord as attorney in fact for Tenant with full power and authority to execute and deliver in the name of Tenant nay such instruments or certificates. 14.4 SUBORDINATION. Upon request of landlord, Tenant shall, in writing, subordinate its right hereunder to any ground leases of to the lieu of any mortgage or mortgages, or the lien,resulting from any other method of financing or refinancing, now or hereafter in force against the land and/or buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land of which the Demised Premises are parts, and to all advances made or hereafter to be made upon the security thereof,provided Tenant is granted non-disturbance rights. 14.5 RECORDATION. This Lease shall not be recorded without the prior consent of Landlord. Upon the request of the Landlord, Tenant shall execute a short form of this Lease which may be recorded in Landlord's sole discretion. Page 13 DRAFT-- 12/15/98--CHS Lease agreement 14.6 NOTICE TO MORTGAGEE. After receiving written notice from any person, firm or other entity that it holds a mortgage (which term shall included a deed of trust)which includes as part of the mortgaged property the Demised Premises, Tenant shall so long as such mortgage is outstanding be required to give to such holder a duplicate notice of any notice required to be given to Landlord by this Lease. It is further agreed that such holder shall have the same opportunity to cure any default, and the same time within which to effect such curing, as is avoidable to Landlord; and if necessary to cure such a default, such holder shall have access to the Demised Premises. ARTICLE XV-LANDLORD DEFAULT 15.1 DEFAULT NOTICE TO LANDLORD. Should Landlord default in the performance of any of the covenants on the part of the Landlord to be kept or performed and such default shall continue for thirty(30) days after written notice to Landlord from Tenant specifying such default,or should any warranty or representation made by Landlord be untrue and remain untrue after thirty(30) days after written notice from Tenant specifying such untruth, then and only in such event, shall termination of this Lease be effected or action taken or remedy pursued. If the default or untruth is of such character so as to require more than thirty(30) days to remedy, the Landlord shall have a reasonable period in which to remedy the same,provided Landlord is proceeding diligently. Tenant waives its right to make repairs at Landlord's expense. ARTICLE XVI-MISCELLANEOUS PROVISIONS 16.1 HOLDING OVER. In the event that Tenant shall continue to occupy the demised Premises after the expiration of the term of this Lease or written extension of the term hereof without entering a new Lease or written extension of the term hereof said tenancy shall be construed to be a"tenancy from month to month"upon all of the other terms and conditions herein contained, except where same are not applicable and except that the rental during such holdover period shall be the then current"minimum rent"plus fifty percent(50%)thereof shall continue to be paid. 16.2 NO PARTNERSHIP. It is expressly understood that the Landlord and Tenant are not partners of co-venturers, and that the Landlord has not right, title or interest in and to the business of the Tenant, and that the Tenant has no right to represent or bind the Landlord in any respect whatsoever, and that nothing herein contained shall be deemed,held or construed as making the Landlord a partner or associate of the Tenant, or as rendering the Landlord liable for any debts, liabilities or obligations incurred by the Tenant; it being expressly understood that the relationship between the parties hereto is and shall at all times remain,that of Landlord and Tenant. 16.3 WAIVER. Failure on the part of the Landlord to complain of any action or nonaction on the part of Tenant, no matter how long the same may continue, and no matter what other action or non-action by Tenant that Landlord has already complained of shall never be Page 14 DRAFT-- 12/15/98--CHS Lease agreement deemed to be a waiver by Landlord of any of his rights hereunder. Further, it is covenanted and agreed that no waiver at any time of any of the provisions hereof by Landlord shall be construed as a waiver of any of the other provisions hereof and that a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions. The consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or any subsequent similar act by Tenant. No payment by Tenant, or acceptance by Landlord,of a lesser amount than shall be due from Tenant to Landlord, even after demand by Landlord for rent pursuant to Tenant's rent default shall be treated otherwise than a payment on account. The acceptance by landlord of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check,that said lesser amount is payment in full shall be given no effect, and Landlord may accept such check without prejudice to any further rights or remedies which Landlord may have against Tenant. Further, failure of the Landlord to bill timely for other additional rent as heretofore required shall not be deemed a waiver of Tenant's liability to pay same. 16.4 COVENANT OF QUIET ENJOYMENT. Tenant, subject of the terms and provisions of this Lease, on payment of the rent and observing,keeping and performing all of the terms and provisions of this Lease on its part to be observed,kept and performed, shall lawfully, peaceably and quietly have, hold, occupy and enjoy the Demised Premises during the term hereof without hindrance or objection by any persons lawfully claiming under Landlord. 16.5 ENTIRE AGREEMENT. This Lease is executed in identical counterparts, each of which, when bearing original initials of the parties on each page and at each change in the text hereof as well as original signatures at the end of each document, shall constitute an original for all purposes. All previous agreements, whether oral or written are superseded by and merged with this Lease. Subsequent changes shall not be binding unless reduced to writing and signed by the parties hereto. 16.6 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 or unenforceable,the remainder of this lease, or the application of such term or provision to persons or circumstances other than those as to which it si 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 si the intention of the parties hereto that in lieu of each clause,term or provision of this Lease that is illegal, invalid or unenforceable,there be added as part of this Lease a clause,term or provision similar to such illegal invalid or unenforceable clause, term or provision as may be possible and would be legal, valid, and enforceable. 16.7 PROVISIONS BINDING,ETC. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, successors, Page 15 DRAFT-- 12/15/98--CHS Lease agreement assigns and legally appointed representative,respectively, of the Landlord and the Tenant. Each term and each provision of this Lease to be performed by Tenant shall be construed to be both a covenant and a condition. 16.8 GOVERNING LAW. The laws of the State of Minnesota shall govern the interpretation,validity,performance and enforcement of this Lease. 16.9 NOTICES. Any notice which is required under this Lese shall be deemed"given" upon hand delivery or three (3) days after prepaid posting in the U.S. Mail whichever shall first over. Notice shall be addressed to the addresses listed at the beginning of this Lease or to any other address as shall be designated by written notice. Where in this Lease a certain number of days from date of notice to a given action is specified, unless the specific provision otherwise states,the days shall be counted as follows: The first calendar day shall be excluded and the last day shall be included,unless the last day is a Saturday, Sunday, or legal holiday, in which event the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. 16.10 HEADINGS. The heading, section numbers and article numbers appearing in this Lease are not intended in any manner to define, limit, or describe the scope of any such section or article and are solely for ready reference purposes. 16.11 PRONOUNS. As utilized in this Lease,the "singular"pronouns shall include the "it plural"and the"masculine" shall include the "feminine"and the "neuter", and vice versa, unless a contrary intent specifically appears. 16.12 LANDLORD'S LIABILITY. Notwithstanding anything to the contrary in this Lease, it is specifically understood and agreed such agreement being a primary consideration for the execution of this Lease by the landlord,that there shall be absolutely no personal liability on the part of the Landlord, its successors, assigns, legally appointed representative or any mortgagee in possession(for the purposes of this section collectively referred to as "Landlord") with respect to any of the terms, covenants and conditions of this Lease and that Tenant shall look solely to the equity of the Landlord in the Demised Premises for the satisfaction of each and every remedy of Tenant in the event of any breach by the Landlord of any of the terms, covenants and conditions of this Lease to be performed by Landlord, such exculpation of liability to be absolute and without any exception whatsoever. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written. Page 16 DRAFT-- 12/15/98--CHS Lease agreement LANDLORD: THE CITY OF MOUNDS VIEW By: Its: TENANT: CHILDREN'S HOME SOCIETY OF MINNESOTA By: Its: • Page 17 DRAFT-- 12/15/98--CHS Lease agreement Mounds View Boards and Commissions (Last updated 1/7/99) Cable Committee The mission of the Mounds View Cable Committee is to provide a communications link for Mounds View citizens that will enable them to better understand the operation and function of government and to become more active participants in community life through the use of Cable Television The Cable Committee is a volunteer committee of Mounds View citizens dedicated to developing awareness and understanding of community events, government programs and issues and information about the health, recreation, environment, security and community issues through the use of cable television. Members Phone Jerry Skelly, Sr. 784-3635 7095 Knollwood Dr.NE Don Hodges 784-6284 5086 Eastwood Rd. Barb_Haake 786-1022 3024 County Rd. I Peg Meyer 784-2366 2654 Louisa Avenue Council Liaison Gary Quick 717-4006 (voicemail) Staff Liaison Patrick Toth 717-4045 N:\USERS\CARIS\BOARDCOM.W PD I Charter Commission The purpose of the Charter Commission is to study and recommend changes to the City Charter. The 15 members are appointed by the District Judge to four year overlapping terms with a maximum of two terms. Approximately half of the appointments expire every two years. Members Phone Term Expires Russ Warren,Chair 786-3591 1998-reappointment? 8044 Greenwood Dr. Laurie Ohmann Schley 785-1112 2000 8423 Knollwood Dr. Richard Oman,2nd Vice Chair 786-6679 2000 8205 Groveland Rd. 321-6556 Leon Burton 784-7585 2000 2550 Ridge Ln. Dave Long 784-1349 1998-reappointment? 7749 Knollwood Dr. Duane McCarty 784-6074 2000 8060 Long Lake Rd. Michael McGlone 783-3952 2000 8345 Red Oak Dr. Jean Miller,Secretary 786-3959 2000 2291 Hillview Rd. Rhonda Smieja 784-0366 2000 5298 St.Stephen Roger Stigney 786-3156 2000 8400 Eastwood Rd. 717-4007(voicemail) Bill Werner Sr. 784-3606 2000 2765 Sherwood Rd. Ruth White 784-3075 2000 2917 County Rd. I Diane Wuori 786-1939 2000 5613 St. Stephen St. Willard Doty 786-3424 2000 N:\USERS\CARIS\BOARDCOM.WPD2 Economic Development Commission The EDA acts as an advisory body to the Economic Development Authority on matters relating to promoting positive economic climate, encouraging economic development and enhancing the tax base of the City. The commission is comprised of seven members which includes four residents and three business representatives. Members Phone Term Expires Rosemary Goff 784-1994 2000 8450 Knollwood Dr. Tom Field 786-8711 1998--interested in 8409 Knollwood Dr. reappointment Brian Sjoberg 717-3131 resigned 4751 Mustang Cir. Ron Schmidt 786-5168 resigned 2800 Highway 10 Cindy Carlson 290-7867 1998--interested in 2711 Highway 10 reappointment Sean Walther 2000 Wendy Marty 780-8876 1998 2626 Louisa Ave. (There are three vacant position due to expiration of terms -Field, Carlson, Marty, and 2 vacant due to resignations- Sjoberg and Schmidt) N:\USERS\CARIS\BOARDCOM.W PD3 Parks and Recreation Commission The Parks and Recreation Commission has seven voting members appointed by the City Council to three-year staggered terms. The Commission provides recommendations to the Council for the development and improvement of parks within the City. The Commission also makes recommendations to the City on all matters affecting the Recreation and Parks programs. Members Phone Term Expires Wayne Burmeister, Chair 786-4890 1999 7565 Knollwood Dr. • Gary Stevenson 784-7336 1999 2848 Ardan Ave. Pamela Starr 784-2409 2000 7778 Woodlawn Dr. Frank Silvis 784-4587 1999 2237 Oakwood Dr. Dave Long 784-1349 1999 7749 Knollwood Dr. E. Scott Dentz 786-0362 2000 2748 LaPort Dr. Sherry Gunn 786-5588 1999 8120 Red Oak Ct. Stan McDonald ? 2552 Mounds View Dr. Mary Benz 8335 Sunnyside Rd. N:\USERS\CARIS\HOARDCOMJVPD4 Planning Commission The Planning Commission is charged with studying and Recommending to the City Council ways in which to carry out the Municipal Code and related • regulations. In this capacity,the Commission has the responsibility to maintain and update the comprehensive plan; to act upon variance requests; to conduct public hearings and make recommendations to the City Council on zoning classifications,rezonings,plats, lot splits,planned unit development and conditional use permits. The Commission receives Citizen input, solicits all available information on an issue and recommends appropriate action to the City Council for final action. The Commission consists of at least seven members and not more than nine members which are appointed by the City Council. Members Phone Term Expires Jerry Peterson, Chair 780-2294 2000/ 8125 Red Oak Dr. Jean Miller 786-3959 1999 2291 Hillview Rd. Gary Stevenson 784-7336 1999 2847 Ardan Ave. Bruce Brasaemle 783-8863 2001* 5127'Long Lake Rd. Cameron Obert 783-0353 1999/2000* 8315 Greenwood Dr. Greg Johnson 1999 2001* (There appears to be one opening on the planning commission. The *year means that the planning commission recommends this term expiration date to comply with the staggered term requirement in City Code 401.02, Subd. la. See memo attached from Rick Jopke) N:\USERS\CARIS\EOARDCOM.W PDS Police Civil Service Commission The Police Civil Service Commission oversees the Police Department's personnel operations in terms of recruiting, testing and selecting candidates and certifying individuals for appointment or promotion. The Commission consists of three members who serve three year terms. Members Phone Term Expires Charlynn Robertson 786-4810 2001 2757 Ardan Robert Toborg 784-1994 1999 8450 Knoliwood Rita Goldhammer 784-4903 2000 7996 Greenwood Dr. Tim Ramacher 717-4071 Staff Liaison (No Vacancies) N:IUSERSICARISIBOARDCOM.W PD6 IN TER OFFMEMO ICE To: Chuck Whiting From: Rick Jopke Subject: Planning Commission Officers,Annual Report, and Terms of Office Date: January 7, 1999 The City Code (401.02, Subdivision la) indicates that"Based on the rcommendation of the Planning and Zoning Commission, the Mayor, with approval of the City Council, shall appoint'a chairperson."The Planning Commission at its meeting last evening by acclimation voted to recommend that Jerry Peterson be reappointed as Planning Commission Chairperson. Also by acclimation they reappointed Gary Stevenson as Vice Chairperson in accordance with 401.06 Subdivision 1 of the City Code. The Planning Commission directed staff to prepare a written annual report as per the request by the City Council. The report in all likelihood will consist of a summary table outlining the number and type of zoning requests which the Planning Commission considered in 1998 as well as a narrative summarizing other actions of the commission including the comprehensive plan update. The Planning Commission last evening also discussed the issue of the terms of office of the current members of the commission. First all current members of the commission indicated a strong desire to remain on the commission. In light of the confusion about length of the terms the commission recomended that the Mayor and City Council reconfirm/approve the following terms: Commission Members: Term Expires: Bruce Brasaemle 12/31/2001 * Open Position 12/31/2001 * Jerry Peterson 12/31/2000 Cameron Obert 12/31/2000 * Jean Miller 12/31/1999 Gary Stevenson 12/31/1999 Greg Johnson 12/31/1999 * Terms to be clarified The above would bring about the staggered terms required by 401.02 Subdivision la. My suggestion would be that the City Council annually pass a resolution which reconfirms/approves the terms of all commission members so that there is no confusion about terms. C:\OFFICE\WPW IN\W PDOCS\PCTERM.MEM 408.01 408.03 CHAPTER 408 ECONOMIC DEVELOPMENT COMMISSION SECTION: 408.01: Establishment 408.02: Purpose 408.03: Composition 408.04: Conflict of Interest 408.05: Compensation 408.06: Vacancies 408.07: Organization, Meetings 408.08: Expenditures 408.09: Duties of the Commission 408.01: ESTABLISHMENT: The Economic Development Commission is hereby •• - established. The Economic Development Commission is referred to herein as the "Commission". (Ord. 542, 6-27-94) 408.02: PURPOSE: The Commission shall serve as an advisory commission to the Economic Development Authority, hereinafter the "Authority", on matters relating to fostering a positive economic climate, encouraging economic development and enhancing the tax base of the City. The Commission shall also make recommendations to the Authority regarding retention and expansion of existing businesses, attraction of desirable new businesses, redevelopment and rehabilitation opportunities, and other appropriate economic development strategies. (Ord. 542, 6-27-94) 408.03: COMPOSITION: Subd. 1. Appointed Members, Qualification of Members, Terms of Office: The Commission shall be composed of seven (7) equal voting members, including three (3) business representatives and four (4) residents, appointed by the Authority President with the approval of the Authority Board of Commissioners. Members shall have diverse qualifications with practical experience consisting of, not limited to, but including one of the following areas: economics, finance, accounting, real estate, social services and marketing. For the purpose of initiating the Commission, the terms of all members shall City of Mounds View 408.03 408.06 expire December 31, 1994. Beginning January 1995, three (3) members shall serve a one year term, two (2) members shall serve two (2) year terms and (2) members shall serve three(3)year terms. Thereafter,members shall serve three(3) year staggered terms, with terms expiring December 31 of each year. At least two (2) of these terms, but not more than three (3) terms shall expire each year. The appointees shall be duly sworn and take office at the first regular meeting of the Commission in the month of January each year. Both original and successive appointees shall hold their offices until their successors are appointed and qualified. (Ord. 546, 7-25-94) Subd. 2. Designated Members: In addition to appointed membership, one nonvoting member shall be designated by the Authority to serve as liaison to the Commission. The terms of the appointment shall ordinarily be for one year, except that they will terminate with the office from which the nonvoting appointment is derived. (Ord. 542, 6-27-94) 408.04: CONFLICT OF INTEREST: No person shall be appointed with private or personal interest likely to conflict with the general public interest. If any person appointed shall find that their private or personal interests are involved in any matter coming before the Commission, they shall disqualify themselves from taking part in action on the matter; alteratively, they may be disqualified by a two-thirds (2/3) majority vote of the Commissioners in attendance. (Ord. 542, 6-27-94) 408.05: COMPENSATION: Members of the Commission shall serve without compensation. (Ord. 542, 6-27-94) 408.06 VACANCIES: Subd. 1. Termination of Appointment: Any Commission member designing to terminate their appointment to the Commissioner before the expiration of their term shall give written notification to the Commission chairperson of their intentions. It should be the duty of the chairperson of the Commission to notify the Authority promptly of any vacancies. The Authority president, with approval of a majority of the Authority Board of Commissioners,shall appoint a new member from applications received for the unfulfilled portion of the term. Subd. 2. Removal from Office: Any member of the Commission may be removed from office for just cause and on written charges by at least four-fifths (4/5) of the entire Authority. Such member may be entitled to a public hearing before such a vote is taken. An appointed member may also be removed by the Authority for nonattendance at Commission meetings if a Commissioner is absent from five (5) regularly scheduled meetings per year or from three (3) consecutive meetings, without the consent of the Commission. (Ord. 542, 6-27-94) City of Mounds View 408.06 408.07 408.07 ORGANIZATION, MEETINGS: Subd. 1. Organization: At the first regular meeting of the year, the Commission shall appoint a chairperson from among its voting members. This appointment shall be subject to Authority approval and shall consist of a one year term. The position of chair shall rotate among members, with no Commissioner serving in that capacity for more than two (2) consecutive terms. The Commission shall also elect a vice-chair from among its appointed members for a term of one year. The Commission may create and fill such other offices from its members as it may determine to transact Commission business. Subd. 2. Regular Meetings: The Commission shall hold at least one regular meeting each month at a time which the Commission shall fix by resolution. Subd. 3. Special Meetings: Special meetings may be called by the chairperson or by any two (2) members of the Commission by a written notice filed with the Clerk-Administrator who then shall notify all members of the Commission of the time and date of the special meeting, at least three (3) days before the meeting date. Subd. 4. Quorum: A majority of the appointed voting Commission members shall constitute a quorum. Subd. 5. Voting Privileges: Each of the appointed members shall have equal voting privileges. Subd. 6. Bylaws: The Commission shall adopt bylaws for its governance and for the transaction of its business. The bylaws will be reviewed on an annual basis at the first regular meeting in February. Subd. 7. Records: A recording secretary shall keep a record of attendance at Commission meetings, a record of resolutions and votes and abstentions on each question requiring a vote. The record of the Commission shall be a public record. Subd. 8. Report: The Authority may request an annual report from the Commission without having received consent of its content by a majority of the Commission members at a regular or special meeting of the Commission. (Ord. 542, 6-27-94) City of Mounds View 408.08 408.09 408.08: EXPENDITURES: The Commission may request from the Authority such funds as may be necessary and proper for the conduct of its duties. (Ord. 542, 6-27-94) 408.09: DUTIES OF THE COMMISSION: In order to carry on its purpose, the Commission shall: Subd. 1. Confer with and advise the Authority on all matters concerning the industrial and commercial development and redevelopment of the City. Subd. 2. Publicize,with the consent of the Authority, the industrial and commercial advantages and opportunities of the City. Subd. 3. Collect data and information as to the type of industries and commerce best suited to the City. • Subd. 4. Survey the overall condition of the City from the standpoint of determining whether the City has a community climate for industry and to determine the general receptiveness of the City of particular types of industry. Subd. 5. Publicize information as to the general advantages of industrial and commercial development and redevelopment in a community. Subd. 6. Cooperate with all industries and businesses in the City and in the solution of any community problems which they may have, and to encourage the expansion, development and management of such industries and business so as to promote the general welfare of the City. Subd. 7. Coordinate the Economic Development activities of the various groups active in the City. Subd. 8. Recommend zoning changes and development of areas suitable for industrial and commercial development and redevelopment to the Planning Commission. Subd. 9. Develop, compile, coordinate and publicize information such as, but not limited to the following: a. Existing industrial and commercial concerns within the City, their addresses, types of business, number of employees and whether each serves local, regional or national markets. b. Available industrial and commercial sites including number of acres and square footage, approximate price, existing zoning and proximity to highways. City of Mounds View 408.09 408.09 c. Available buildings for industrial and commercial operations, including type of buildings, number of square feet, existing zoning and proximity to highways. d. Transportation facilities, including railroads, motor carriers, water transportation, air transportation and highway facilities that serve the area. e. Electric power available. f. Fuels available for industrial and commercial use. g. Sewage disposal facilities. h. Water supply facilities. i. Community facilities such as fire, police and educational. j. Recreational facilities. k. Going wage rate in the City for the trades, skilled and semi-skilled and white collar workers. 1. Availability of labor. • m. General community attitude toward industrial and commercial expansion, development, redevelopment and attraction. n. Experience and programs of surrounding communities in regards to industrial and commercial expansion, development, redevelopment and attraction. o. Financial and technical resources available to new and existing businesses at the local, County, State and national levels for economic expansion and vitality. Subd. 10. Recommend Authority and Planning Commission policies and particular actions in regards to industrial and commercial expansion development, redevelopment and attraction. Subd. 11. Cooperate with and use the services of the Minnesota Department of Trade and Economic Development, Minnesota Housing Finance Authority and any other organizations at the national, State, County and local levels that are deemed conducive to the overall vitality of the City. Subd. 12. The Commission shall have the power to appoint task forces of a size and nature it may deem necessary and may enlist the aid of persons and/or organizations who are not members of the Commission. City of Mounds View 408.09 408.09 Subd. 13. The Commission shall have no power to make contracts, levy taxes, borrow money or condemn property, but shall have the full power and responsibility to investigate the necessity and recommend the taking of these and any other actions related to the industrial and commercial development and redevelopment by the Authority and all other officers of the City responsible to formulate the terms of and the procedure for taking such action. Subd. 14. Review the City's existing housing stock analysis and make recommendations to the Authority regarding mechanisms for the rehabilitation of said housing stock. (Ord. 542, 6-27-94) City of Mounds View Amended 12/18/97 MOUNDS VIEW ECONOMIC DEVELOPMENT COMMISSION BYLAWS AUTHORITY: These Bylaws are established in accordance with City Ordinance 408.07, Subdivision 6. "The Commission shall adopt bylaws for its governance and for the transaction of its business." There shall be no conflict between the Bylaws of this Commission and the provisions of the City Charter and the Municipal Code. I1. MEETINGS. The regular meetings of the Commission shall be held on the fourth Thursday of each month as established by resolution of the Economic Development Commission. Regular meetings may be changed, added or canceled by the chairperson or vice-chairperson. Special meetings may be added by the chairperson or vice- chairperson. A. The regular business meeting shall be for the purpose of making recommendations to the Economic Development Authority, herein EDA, conducting public hearings, drafting of reports, and for other discussion not requiring action (ie. vote) by the Commission. B. Meetings shall be conducted in accordance with State Open Meeting Laws. 1 Amended 12/18/97 III. INFORMATIONAL PACKETS. Each commissioner shall receive an informational planning report for the items that are on the regular meeting agenda no later than the Friday preceding the regular meeting. Each commissioner is responsible for reviewing the material within the packet prior to the regular agenda meeting. IV. ATTENDANCE. Commission members shall advise the designated Staff member or chairperson of an anticipated absence from any regularly scheduled Economic Development Commission meeting. Any member attending less than eighty percent of the meetings per year without consent of the commission shall be deemed to have vacated the office, and such vacancy shall be filled by the EDA pursuant the Chapter • 408.06 of the Municipal Code. A leave of absence may be granted by the consent of the commission. V. -PROFESSIONAL CONSULTANTS. Advice from, consultation with, and/or requests for review by the City Attorney, Bond Attorney, City Engineer, City Planning Agency, or other paid consultants shall be in accordance with the Municipal Code. VI. ADJOURNMENT. Meetings shall adjourn on or before 90 minutes from the time of call to order unless a two-thirds majority of the members present agree to extend the time of adjournment 2 Amended 12/18/97 VII. MINUTES. Approved minutes shall be the official record of the Economic Development Commission. A. The minutes shall state: 1. The kind of meeting, whether regular business or special and the date, time and place. 2. Roll call of members present and whether absent members are excused or unexcused. 3. Corrections to and approval of the previous minutes and the vote taken. 4. Description of each item being discussed. 5. A motion and second is required for each action item and the motion shall be recorded as accurately as possible. 6. The vote on each motion (ayes, nays, and abstentions), a statement of reasons for nay votes or abstentions, and whether motion carries or fails. 7. Specific concerns addressed to the chairperson for inclusion in the minutes. 8. Reports by members. 9. Time for adjournment. 10. Signature of the Staff designated member. B. All minutes shall be clearly marked to indicate either"APPROVED" or 3 Amended 12/18/97 "UNAPPROVED". Each commissioner shall receive a copy of the previous regular business meeting minutes "UNAPPROVED". Approved copies may be obtained upon request. A copy of the approved minutes shall be filed with the EDA Executive Director. VIII. LIAISON TO EDA. In the event of the absence of the EDA ex-officio member, a commission member may be appointed by the chairperson to represent the Economic Development Commission at the next regular EDA meeting. IX POTENTIAL CONFLICT OF INTEREST. When a potential conflict of interest may exist for commission member or members, the member(s) shall ask to be excused and step down from the commission prior to discussion on that item. X. - SUPPLEMENTARY PUBLICATIONS. All commission members shall receive a copy of the Municipal Code, Chapter 408, a copy of the 1986 Economic Development Plan, as well as other materials as provided by the EDA, Staff or other commission members. 4 1D Item No. Type of Business: CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda; CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Building Inspection Contract Date of Report: January 7, 1999 Attached is a draft copy of the proposed building inspections contract with the Spring Lake Park-Blaine-Mounds View Fire Department for your discussion. The Fire Department is interested in a three year contract with the following compensation provisions: Payment for the services provided by the Fire Department to the City shall be as follows: (a) The City will pay Fire Department a maximum of$40,000 per year, $5000 of which is due by January 1 of each contract year. The remainder will be billed throughout the year as work is performed. (b) In no event will the annual cost to the City for such services exceed$40,000. (c) Payment for services shall be made upon the presentation of billing statements to the Municipality. The Municipality shall make payment to the Fire Department within thirty (30) days of its receipt of the billing statement or make reasonable arrangements for payment acceptable to the Fire Department. A copy of this contract has been submitted to the City Attorney for approval, as well as the Fire Department's attorney: Respectfully Submitted, /14/ Cari Schmidt Assistant to the City Administrator N:\USERS\CARIS\BUILD.MEM AGREEMENT FOR BUILDING INSPECTION SERVICES This Agreement, made and entered into this day of , 1999, by and between the CITY OF MOUNDS VIEW,MINNESOTA, a municipal corporation, 2401 Highway 10, Mounds View, MN 55112, (hereinafter referred to as the"Municipality") and the SPRING LAKE PARK-BLAINE-MOUNDS VIEW FIRE DEPARTMENT, INC., a Minnesota non-profit corporation(hereinafter referred to as the "Fire Department"). WITNESSETH WHEREAS,the Fire Department is located in the Cities of Mounds View, Spring Lake Park and Blaine, Minnesota, and maintains a fully equipped volunteer fire department which is willing to provide building inspection services to the City of Mounds View; and WHEREAS,the Municipality wishes to receive building inspection services from the Fire Department; NOW, THEREFORE, in consideration of the representations,warranties and mutual covenants contained herein, and the considerations hereinafter set forth,the parties hereto agree as follows: ARTICLE I. PURPOSE The Fire Department agrees to provide building inspection services within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth. ARTICLE II. TERM This Agreement applies to all building inspection services provided by the Fire Department for the Municipality commencing , 1999. This Agreement shall continue in effect until terminated or amended.(FIRBj3B ` t�`I T^ is atiM%0 ARTICLE III. SERVICES The Municipality agrees to purchase and the Fire Department agrees to furnish the following services for the City of Mounds View: 3.1 Fire Department agrees to answer all calls for building inspection and site review by sending out building inspection personnel as soon as practical to such areas designated and requested by the City. 3.2 All portions of the City shall be designated on a map which shall be supplied to the Fire Department. 3.3 Fire Department agrees to furnish the building inspection and site review services and necessary personnel as requested by the City to the said designated areas in the City, for the consideration set forth below, and agrees that its building inspection personnel will make every reasonable effort to respond to requests from the City for inspection services. 3.4 Fire Department agrees to the position description and performance of the duties as described on ATTACHMENT A of this document. ARTICLE IV. COMPENSATION 4.1 Payment for the services provided by the Fire Department to the City shall be as follows: (a) The City will pay Fire Department a maximum of$40,000 per year, $5000 of which is due by January 1 of each contract year. The remainder will be billed throughout the year as work is performed. (b) In no event will the annual cost to the City for such services exceed$40,000. (c) Payment for services shall be made upon the presentation of billing statements to the Municipality. The Municipality shall make payment to the Fire Department within thirty (30)days of its receipt of the billing statement or make reasonable arrangements for payment acceptable to the Fire Department. 4.2 The Fire Department agrees to submit to the City a copy of the Fire Department's annual fmancial report as prepared by its certified public accountant no later than June 30 of each year. ARTICLE V. DEPARTMENT ORGANIZATION 5.1 The Fire Department agrees to remain at all times a non-profit corporation under Minnesota Statutes 317.17. 5.2 The Fire Department shall at all times be in compliance with such equipment, personnel and training standards relating to building inspections as may be required by the laws of the State of Minnesota and the Federal Government. 5.3 The entire cost of operation to the Fire Department of salaries, compensation, repairs and upkeep shall be borne by said Fire Department and payment shall be made from the consideration herein stated and the City shall be in no way liable for any amount other than the payment of the amounts herein set forth or any amounts negotiated under Article IV. 5.4 It is further agreed that the Fire Department shall carry Public Liability Insurance and Workers' Compensation Insurance for its personnel and on any of its equipment and the n:\users\caris\build.con Mounds View Building Inspector Contract-Draft 1-1/6/99 operators of such equipment, said insurance to provide a minimum of$500,000 primary and $1,000,000 excess coverage. All insurance policies purchased by the Fire Department shall include the City as an additional insured and shall contain a cancellation clause requiring thirty (30)days' written notice to be mailed to the City prior to such date of cancellation. A certificate of insurance shall be provided to the City indicating the types and amounts of insurance in force. ARTICLE VI. DUTIES OF PARTIES 6.1 The Fire Department shall have all reasonable and necessary cooperation and assistance from the Municipality, its officers, agents, and employees, so as to facilitate the performance of this Agreement. 6.2 The Municipality shall have all reasonable and necessary cooperation and assistance from the County, its officers, agents, and employees, so as to facilitate the performance of this Agreement. ARTICLE VII. INDEMNIFICATION 7.1 The Municipality and the Fire Department mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses, or damages, injuries, or sickness resulting from the acts or omissions of the respective offices, agents, or employees, relating to the activities conducted by either party under this Agreement. ARTICLE VIII. ENFORCEMENT 8.1 If any claim,proceeding or action is brought by the City or the Fire Department to enforce the provisions of this Agreement,the prevailing party shall be entitle, in addition to costs of suit,to reasonable attorneys' fees incurred in connection with any such claim,proceeding or action and the same may be awarded by the court having jurisdiction of such claim,proceeding or action. ARTICLE IX. CHOICE OF LAW 9.1 The provisions of this Agreement shall be construed in accordance with the laws of the state of Minnesota. ARTICLE X. BENEFIT 10.1 This Agreement shall be binding upon and inure to the benefit of the successors of the City and the Fire Department. n:\userskaris\build.con Mounds View Building Inspector Contract-Draft 1-1/6/99 ARTICLE XI. TERMINATION 11.1 This Agreement may be terminated by either party at any time with or without cause upon not less than one hundred eighty(180) days written notice delivered by mail or in person to the other party. Notices delivered by mail shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to services rendered prior to such notice of termination. ARTICLE XII. ENTIRE AGREEMENT 12.1 This Agreement contains the entire understanding between the City and the Fire Department concerning the subject matter hereof; and the provisions applicable thereto cannot be amended, altered, enlarged, supplemented, abridged, modified, extended, or waived except in writing duly signed by all the parties hereto. CITY OF MOUNDS VIEW SPRING LAKE PARK-BLAINE MOUNDS VIEW FIRE DEPARTMENT By By Dan Coughlin Nyle Zikmund Its Mayor Its Fire Chief By Chuck Whiting Its City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 1999, by Dan Coughlin and Chuck Whiting,the Mayor and City Clerk-Administrator,respectively, of the City of Mounds View named in the foregoing instrument. Notary Public N:\users!earls\build.con 4.Mounds View Building Inspector Contract-Draft 1-1/6/99 APPENDIX A BUILDING INSPECTOR POSITION DESCRIPTION Position Description: Perform comprehensive building, housing and fire inspections on residential, commercial and industrial properties to ensure compliance with existing city and state codes and policies governing new construction and existing structures. Essential Duties and Responsibilities: • Provides guidance and assistance in all areas of building permit applications and reviews all submitted permits to ensure compliance with established state and local codes and ordinances. • Approves and issues permits which are in compliance and provides assistance in identifying changes required in specifications to meet established codes. • Calculates building permit fees and ensure that all fees are assessed accordingly. • Conducts on-site comprehensive inspections to ensure compliance with existing codes including building, mechanical,plumbing, fire and housing. • Ensures all related paperwork is completed and full documentation is available for decisions related to the inspection process. • Provides concise code interpretations for those circumstances in which there is a difference of opinion of the specific intent of a specific code provision. • Assists with city, county, state, and federal programs by taking applications, performing inspections and completing paperwork necessary to provide eligibility for applicants. • Reviews contractor license applications for recommendation to the City Council. • Investigates citizen complaints related to the building,housing,and fire code activities of the City with the goal of resolving issues in the best interest of all concerned. Peripheral Duties: • Informs the Public Works and Community Development Director of any inspection related activities which require immediate attention or action. • Consults with the City Attorney as required to review and assure property legal requirements are being met in all building, housing, and fire code activities, or to initiate legal action to ensure code conformance. • Continually reviews existing code and ordinances for consistency and ease of enforcement and interpretation and recommend modifications wherever necessary. • Attends meetings as assigned or as requested when matters relate to responsibilities assigned. • Assumes other responsibilities as apparent or as delegated. Necessary Skills and Abilities: (A) Thorough knowledge of uniform building codes and electrical codes, plumbing codes, mechanical codes, general construction codes, and a thorough knowledge of carpentry; N:\users\caris\build.con 5.Mounds View Building Inspector Contract-Draft 1-1/6/99 • Considerable knowledge in electrical work,carpentry work, cement work, or plumbing, and skill in applying knowledge of national uniform building codes, zoning and land use applications. Knowledge of methods, materials, terminology and practices in general building construction. Knowledge of laws governing zoning and general building construction. (B) Skill in the operation of the listed equipment. (C) Ability to establish effective working relationships with contractors, develops, architects, engineers, owners, developers, the general public and city personnel; Ability to read and understand complicated plans and blueprints;Ability to communicate effectively orally and in writing; (D) A valid state driver's license, or ability to obtain one by start of employment. One or more I.C.B.O certifications, including but not limited to plans examiner, combination inspector. Minnesota Building Official Class II Certification required. N:\users\caris\build.con 6.Mounds View Building Inspector Contract-Draft 1-1/6/99 • RESOLUTION NO. 5304 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION ACCEPTING THE REPORT OF THE MOUNDS VIEW STREETS COMMITTEE AND AUTHORIZING THEIR CONTINUED WORK WHEREAS,the Mounds View City Council created the Mounds View Street Committee in September of 1998 to review the City's street construction, assessment and financing policies and procedures, and WHEREAS,the Committee was asked to report to the City Council at its January 4, 1999 work session on its findings and submit to the Council its final report on January 11, 1999, and WHEREAS,in doing so,reported to the Council that policy changes be considered in project planning and resident relations, minimum street project widths,project design options and financing, and WHEREAS,in reporting, stated additional time would allow the Committee to give further attention to financing and assessment policies, THE CITY.COUNCIL DOES HEREBY RESOLVE to accept the initial report of the Streets Committee presented at the work session of January 4, 1999, a file to be kept on record by the City Clerk, and further authorizes the Streets Committee to continue meeting to address the additional policies as noted and present its report to the City Council no later than March 1, 1999 at the City Council work session. Committee members are asked to maintain their positions on the Committee with the exception of Mayor Coughlin,who because of his position as Mayor will step down from the Committee. The City Council will also entertain new appointments if received promptly to fill vacancies on the Committee. BE IT FURTHER NOTED THAT the City Council commends Chairperson Mary Malrick and Committee members for their work to date. Adopted this 1 lth day of January, 1999 ATTEST: Dan Coughlin,Mayor (SEAL) Charles S. Whiting, City Administrator Item No. qF Staff Report No. Meeting Date: January 11,1999 Type of Business: CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Rick Jopke, Community Development Director Item Title/Subject: Consideration of an Appeal with Regard to Planning Commission Resolution 558-98, a Resolution Denying a Variance for Two Curb Cuts at 8111 Eastwood Road,Requested by Michael Tobias; Planning Case No 535-98 Date of Report: January 7, 1999 Background: On November 23, 1998,Michael Tobias appeared before the City Council to appeal Planning Commission Resolution 558-98, a resolution which denied Mr. Tobias' variance request to maintain two driveways at his home at 8111 Eastwood Road. At this meeting,the Council heard testimony from Mr. Tobias and was presented all of the background documentation pertaining to this case. The Council voted to postpone action on the appeal until the Planning Commission had an opportunity to discuss the merits of amending the Code to allow for multiple curb cuts on corner lots. The City Council discussed this item again on December 28, 1998 and postponed action until January 11, 1999. A copy of the previous staff report is attached for your information. Recommendation: It is recommended that the City Council discuss this matter, determine if the appeal should be approved or denied, and direct the City Attorney and staff to prepare an appropriate resolution for City Council consideration on January 25, 1999. Rick Jopke, Community Development Director Attachments: 1. 12/23/98 Staff Report which includes: a. Planning Commission Resolution No. 588-98 b. Letter from Dan Coughlin, dated 12/12/98 c.Memo from Scott Riggs, dated 12/21/98 N:\DATA\GROUPS\COMDEV\DEV CASES\535-98\APPEAL2.RPT Item No. r7/-4 H Staff Report No. Meeting Date: December 28, 1998 Type of Business: CB • WK•Work Session:PH:Public Hearing; CA:ConsentAgenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Planning Associate Item Title/Subject: Consideration of Resolution No. 5299, a Resolution Supporting the Action of the Planning Commission with Regard to Planning Commission Resolution 558-98, a Resolution Denying a Variance for Two Curb Cuts at 8111 Eastwood Road, Requested by Michael Tobias; Planning Case No 535-98 Date of Report: December 23, 1998 Background: On November 23, 1998, Michael Tobias appeared before the City Council to appeal Planning Commission Resolution 558-98, a resolution which denied Mr. Tobias' variance request to maintain two driveways at his home at 8111 Eastwood Road. At this meeting, the Council heard testimony from Mr. Tobias and was presented all of the background documentation pertaining to this case. The Council voted to postpone action on the appeal until the Planning Commission had an opportunity to discuss the merits of amending the Code to allow for multiple curb cuts on corner lots. Discussion: On December 16, 1998, after having published a meeting notice in the New Brighton Bulletin and after a news article appeared in the Focus which invited residents to come to the meeting, the Planning Commission proceeded to discuss the merits of amending the Code as directed by the Council. Also in attendance to provide input and answer questions were legal representative Scott Riggs, Public Works Director Mike Ulrich and Council Liaison Roger Koopmeiners. Dan Coughlin, the City's mayor-elect, had intended to be present for this discussion but was unable to attend. His comments in a letter dated 12/12/98 are attached. The City Attorney, whose written comments are also attached for reference, indicated that the idea of a non-conformity was that if by the end of a non-conforming use's viable lifespan it did not conform to the Codes, it would not be allowed to be rebuilt. This acts much like an amortization. If the driveway in question had gotten to a point of disrepair such that it had to be removed in order to maintain it, this would indicate it's useful life had ceased, as then did its non-conforming status. City of Mounds View Staff Report December 24, 1998 Page 2 In regard to the public safety aspect of backing out of a driveway, Council Liaison Koopmeiners was asked if he could recall any accidents that had occurred as a result of persons backing out of their driveway onto a city street. Council Liaison Koopmeiners, who had been a member of the Mounds View Police force in excess of twenty years, could not recall a single such incident Also discussed was the fact that the variance requested was unique in the sense that the last such variance request came before the Commission in 1994, which indicated to the Commission that there was no need to amend the Code. The Commission felt that Section 1121.09, Subdivision 5c, which limits single-family residential properties to only one curb cut, is appropriate and should remain in force, unchanged from its present language. Recommendation: Approve Resolution 5299, a resolution upholding Planning Commission Resolution 588-98, a resolution denying a variance request for two curb cuts at 8111 Eastwood Road, requested by Michael Tobias. • James Ericson, Planning Associate Attachments: 1. Planning Commission Resolution No.588-98 2. Letter from Dan Coughlin,dated 12/12/98 3. Memo from Scott Riggs,dated 12/21/98 4. Resolution 5299 N ADATAZROUPS1COMDEVOEVCASES1535-981APPEALRPT • MOUNDS VIEW PLANNING COAL-MISSION RESOLUTION NO. 558-98 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE TO ALLOW FOR TWO CURB-CUTS AT 8111 EASTWOOD ROAD, A SINGLE-FAMTLY E BY MICHAEL TOBIAS; per&: NI'PROPERTY OWNED 53 WHEREAS, the Mounds View Planning Commission has reviewed the request ofI4c.hael Tobias to allow for two curb cuts at his property, Iocated at 8111 Eastwood Road; and, WHEREAS, this property is zoned R-1, Single-Family Residential, and is Iegally described as follows: Subject to Sherwood and Eastwood Roads, The East 215 Feet of the West 1799 Feet of the South 200 Feet of the Northeast 1/4 of Section 6, Township 30,Range 23 WHEREAS, the Planning Commission has reviewed the following documents associated , with this request 1. Planning Application 2. Location Map 3. Zoning Map 4. Site Plan 5. Letter from Building Inspector,dared 7/23/98 6. Corner Parcel Inventory WHEREAS, the applicant applied for and received Building Permit no. 98095 to repave his driveway, on the condition that the access to Sherwood Road be removed; and, WHEREAS, inspections after the work was completed showed that the access to Sherwood Road had not been permanently removed, but instead had been replaced, violating the terms of the permit and, WHEREAS, a variance to the provisions of the Zoning Code may be issued by the Board of Adjustments and Appeals to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner in the use of the property owner's land; and, WHEREAS, the Planning Commission finds that there is no undue hardship or practical difficulties associated with this property which would warrant approving a variance, based upon the following evidence: - Planning Commission Resolution 558-98 Tobias Driveway Variance 8111 Eastwood Road September 16, 1998 Page 2 (1) More than eighty percent of the corner lots in this section of the City have only one curb cut, and, (2) There are no physical obstructions, such as a bend in the road, trees, bushes or shrubs, that would restrict visibility to and from the property, and, (3) There is ample room on the property to have a turn-around, or"T" extension to the main drive to enable vehicles to exit the property in forward motion rather than in reverse. NOW, THERE:ORE, BE IT RESOLVED, that the Mounds View Planning Commission acting as the Board of Adjustment and Appeals denies the variance to allow two curb cuts at 8111 Eastwood Road and directs the property owner to remove the access to Sherwood Road in accordance with the Ietter sent to the property owner dated 7/28/98. Adopted this 16th day of September, 1998. Jerry Petersoxv Chairman • ATTEST • c Rick Jopke, Co 'ty Development Director SEAL • NADATAICROUPSCOMDEVIDEVCASES 5354M53&98D.RES December 12, 1998 • Jim Ericson Mounds View City Hall 2401 Highway 10 Mounds View, MN 55112 Dear Jim, I have a previously scheduled meeting on December 16th, but I wanted to add my thoughts to the discussion regarding the ordinance requiring a maximum of one curb cut per residential property. Setting aside the specifics of the case which brought this ordinance to a point of reconsideration, I am in favor of removing this requirement from the city's books. A fairly large percentage of corner lots presently have two curb cuts and most have maintained those two access points for several decades without comment or incident. Seeing that the vast majority of the residential areas in our city are fully developed, and-have been for many years, I do not foresee a large 'run' on city hall to get the Ok to put in a 2nd driveway. Due to required setbacks and other city codes, most residential lots would not even be able to add a second curb cut. Thus, this matter in great degree is only dealing with corner lots or lots with large front footages. I would further make the assumption that basically the only people who would consider a 2nd curb cut are those property owners who already have a second one presentl and property. simply wish to maintain those points of entry to theiry I believe the larger question that lurks behind this debate is whether or not a simple repaving of an existing driveway should be considered reconstruction for code enforcement purposes. I maintain that repaving a driveway without any major changes to its scope or function should be viewed as a normal maintenance issue and not a true'reconstruction. I view driveways much as I view roofs. They have a functional life span and then they must be replaced. When a roof is replaced the city (and state) requires minimum standards for materials used on the project: but the city doesn't get into whether or not the homeowner needs to change the slope of his roof to meet new building codes. In that same spirit I believe it is time for the city to put driveway repaving into the category of normal property maintenance and focus more on making sure the repaving process and the materials used are top rate. If we fail to address this larger issue of maintenance vs. reconstruction there will be, in my opinion, three basic things that people will do when their properties are facing more restrictive codes: One group will simply opt not to repave their driveway after viewing the laborious process one must undertake in order to get a variance for something they presently have on hand. There is and will continue to be somewhat of a chilling effect on people wishing to upgrade their aging driveways if red tape is what awaits them when they repave things. There will be another group of individuals that will participate in the 'undergound economy' where they get the brother-in-law of a friend of theirs to repave the driveway at some point when nobody is paying attention. They may get caught; but they may not be caught. To some, the risk of a fine and having to apologize after the fact is worth the chance instead of having to change what already exists on their property. There are certainly going to be quite a few law abiding souls who will abide by the rules because those are the rules; but even then there will be discontent over not being able to simply replace what has existed for decades previously. It is this sort of scenario that breeds cynicism and anger in the hearts of the residents. It does not have to be this way. And so in closing let me reiterate that I am in favor of removing the language in the present ordinance which restricts residential properties to a single curb cut. And, I'd also ask for consideration of changing the city's view of repaving a driveway from considering it a reconstruction/construction process to one of ordinary property maintenance, thus averting the need for many unnecessary variance applications. I thank you for your time and consideration. . Sincerely, Dan Coughlin Mounds View homeowner& Vice President of Brinkman-Russell Home Improvements 8468 Spring Lake Road Mounds View, MN 55112-6154 DanC@isd.net MEMORANDUM TO: Jim Ericson.Planning Associate FROM: Scott J. Riggs,Assistant City Attorney DATE: December 2I. 1998 RE: variance Discussion at Mounds View Planning Commission Meeting Per your request,the following is a summary of the advice provided to the Planning Commission on Wednesday, December 16, 1998.regarding the status of the variance application which the Planning Commission previously forwarded to the City Council. The specific discussion centered on whether or not such a variance request was in fact warranted, or if the individual applying for the variance had a continuing non-conforming use within the City. . 1 call your attention specifically to Chapter 1123 of the City's code as to non-conforming buildings, structures and uses for review of this matter. It was my understanding that the present matter before both the Planning Commission and the City Council involved the . removal of an existing driveway that was a non-conforming use and the reconstruction of the driveway to the extent it had previously existed. The question that arose from such a situation was whether the situation constituted the repair,maintenance,replacement or • the damage and destruction of the previous driveway. The advice provided to the Planning Commission was that the most logical reading of the City's code is that Section 1123.07 as to damage and destruction applies since the removal of the previously existing,non-conforming driveway constituted the destruction to the extent of more than 50% of the fair market value of the then existing driveway. As such,from such date of the driveway removal(i.e..the destruction).the grandfathering affect of the non- conforming use ceases to exist and the driveway became subject to all the regulations specified in the present zoning regulations of the City Code. Thus,the reconstruction of the driveway can only be to the extent and it conforms to existing City regulations. Any reconstruction to the extent of the previously existing driveway would create an illegal use rather than a non-conforming use. Also relevant to the review of this matter was that the City's Code is unclear as to what constitutes a repair of a driveway. A discussion was bad with the Planning Commission as to whether such a definition could be drafted wherein repair of a driveway would be outside the most logical reading of a"destruction-of a non-conforming use under City Code Section 1123.07. It was noted to the Planning Commission that any rififiniticmal change involving the repair of a driveway must also consider the effect on the general nature of a non-conformity under the Code. As an aside, it was also noted in addition to the curb cuts restriction which necessitated the variance request before the Planning Commission and City Council. the Code also provides in Section 1121.03 Subd.Sa that"no curb cut access shall be located less than SIR-155755 MU21429 fifty(50) feet from the intersection of two(2)or more street rights-of-way.` It was noted that this provisions would likely also apply to the present application for a variance that is before the City Council. Please feel free to contact me with any additional questions you may have regarding this matter. • • SIR-155355 MU21a2o Item No. Type of Business: CB WK:Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Police Chief Recruitment-The Brimeyer Group Date of Report: January 7, 1999 The Brimeyer Group is a full service executive search firm working primarily in the public sector. Jim Brimeyer the President has twenty years experience in the public sector as a City Manager, council member and now executive recruiter. The recruitment process is as follows: Creation of position profile,place announcements and recruit candidates, review resumes and screen candidates,progress reports, background checks, assessment, client interview and selection process, selection and negotiation of compensation package. The fees for the Brimeyer Group are as follows: a$13,000-$16,000 professional service cost. This fee will depend on the amount of involvement by city staff and their ability to assist in the assignment. The fee does not include travel, meals and lodging, long distance,printing, credential verifications, courier service and administrative expenses, estimated to be$2,000- $3,000. They will also perform a performance evaluation for the new Police Chief that is designed to assess the first 6 months on the job and to identify issues to work on over the next 12 months. This will be provided at no additional fee. Jim Brimmeyer will be present at the meeting to answer any questions you may have.