HomeMy WebLinkAboutAgenda Packets - 1998/12/14 CITY OF MOUNDS VIEW
COUNCIL AGENDA
MONDAY,DECEMBER 14, 1998
7:00 PM
1. CALL MEETING TO ORDER
2. ROLL CALL: McCarty, Stigney,Koopmeiners,Quick, Gunn
3. APPROVAL OF MINUTES
A. November 23, 1998 City Council Meeting Minutes
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.
5. CONSENT AGENDA
A. Approve Just and Correct Claims.
B. Set a Public Hearing for 7:05 PM 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.
6. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
A. Citizens: Before speaking must give their full name and address for the minutes.
7. COUNCIL BUSINESS
A. 7:00 -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
Roll Call:, Gunn, Quick,Stigney,Koopmeiners,McCarty
B. 7:05 -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
Roll Call:, Quick, Stigney,Koopmeiners, Gunn,McCarty
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
2. Roll Call:,Koopmeiners, Gunn, Quick,Stigney,McCarty
D. Consideration of Resolution No. 5283,Adopting the 1999 Property Tax Levy and
General Fund Budget.
E. Consideration of Resolution No. 5284,Adopting the 1999 Budgets for Funds other than
the General Fund.
F. Consideration of Resolution No. 5285,Approving the 1998 Transfers and Budget
Revisions.
G. Consideration of Approving a Telecommunications Bid Award for City Hall, Community
Center and Y2K Upgrade.
H. Consider Authorizing staff to select M&M vendor to provide vending machine services
at the Community Center and for the Mayor and Clerk-Administrator to execute a
contract in behalf of the City.
I. Consider Authorizing the 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.)
J. Public Hearing and Consideration of Resolution No. 5286,Approving a Preliminary Plat
for the Anthony Properties Addition.
K. Consideration of Resolution No. 5288 for Silverview Estates Agreement.
L. Consideration of Resolution No. 5289,Approving Severance Packages for Mary Saarion
and Mary Johnson.
M. Consideration of Resolution No. 5282 Approving the Labor Agreement Contract with
Public Works and Parks Maintenance Bargaining Unit.
N. Update on YMCA Contract and Interim Agreement.
8. REPORTS
9. Next Council Work Session: Monday,January 4, 1998-6:00 PM
Next Council Meeting: Monday December 28 , 1998-7:00 PM
Cable Commission Meeting: Tuesday,December 15, 1998-6:00 PM
Planning Commission Meeting: Wednesday,December 16, 1998-7:00 PM
10. ADJOURNMENT
MEMO December 11, 1998
To: Honorable Mayor and City Council
From: Chuck Whiting, City Administrator
Re: December 14, 1998 City Council
Here's the agenda for Monday's meeting:
Council Business - Item 7A - Public Hearing regarding Ordinance No. 623 for 1999 Waste
Water and Water Rates: Bruce can respond to questions and comments regarding the new rates.
This is the second reading as well and will require a roll call vote for approval.
Item 7B -Public Hearing regarding Ordinance 624 for the 1999 Long Term Financial Plan:
This item has been reviewed as part of the budget discussions. It is the second reading and it too will
require a roll call vote for approval.
Item 7C- Consideration of Ordinance 622 regarding the setting of the Franchise Fee for 1999:
At the November 30 public hearing the City Council agreed by consensus to up the gas and electric
franchise fee from 2.5% to 3% for 1999. The change in the city's revenue budget for 1999 was
estimated to be an additional $31,000. After the November 30 meeting, Bruce determined after
talking with NSP that the new rate would not be implemented for two months meaning the city's
anticipated revenue would be the$31,000. If the Council has any inclination to not go to the 3% on
Monday, it may want to finish discussion on the budget options and the levy prior to adopting
Ordinance 622.
Item 7D - Consideration of Resolution 5283,Adopting the 1999 Tax Levy and General Fund
Budget: Based on the November 30,the Council directed the city administrator to balance a budget
that was based on a 3%franchise fee and a 5%levy increase. The resulting $25,000 (approximate)
budget deficit can be eliminated with changes made in the community service officer position,the
front office or receptionist position and the contingency fund. It has been suggested that since the
CSO position will be a police department position, that the city should wait for a new police chief
or policing option to determine changes to improve traffic enforcement. Either eliminating the CSO
or cutting it back is an option. Whether the Council is still concerned about traffic management
relative to this position is something you may want to discuss. Another option is to reduce in all or
part the front office personnel budget. As I stated at the November 30 meeting, I would prefer not
to hire a full time position,a receptionist,in order to maintain some personnel and expense flexibility
in the coming year. I have office changes in mind that may keep any additional help costs to less
than full time anyway and would not want to lock into something that will be harder to cut this time
next year. These two areas, either in full or in part could be made to balance the budget. If the
Council were to not increase the franchise fee as it decided to November 30, these two areas would
be my recommended expense cuts in full.
office building properties as part of the PUD and development agreement requirements approved
earlier this year. Staff has received calls and questions on this item.
Item K - Silverview Estates Agreement, Resolution 5288: Staff had this agreement delivered
Friday and will report at Monday's meeting.
Item L - Resolution 5289 regarding Severance Packages: This item pertains to Mary Johnson
and Mary Saarion's severance packages. Can Schmidt will report.
Item M-Public Works Labor Agreement,Resolution 5282: Can will report on this item as well.
Item N - Update on YMCA Contract and Interim Agreement: Bruce and staff have continued
working with the YMCA to arrive at an agreement for a working relationship. Bruce will update the
Council on the contract itself. An interim agreement is being addressed that will act to transition this
month for the recreation programming services and management coordination for the community
center. The YMCA has informed us they have selected an individual to act as the principle facility
and program manager. In addition, they are setting up a winter recreation program based on the
city's past program. This will need to be advertised in this month's Mounds View Matters.
Under staff reports, the attorney and myself can report on the meeting held Thursday with other
communities and our incoming legislator on airport litigation, legislation and planned efforts.
Finally, you may notice our newest temporary employee prowling the halls of City Hall in search
of mice. We have had a mice problem that seems to correspond with the outside work around the
building, with mouse type evident being left frequently on desks and in drawers throughout the
building. The new employee's name is "Chief' and will be living in the building for a while,
depending on his propensity for accumulating mouse units.
Have a good weekend. See you Monday.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY,MINNESOTA
UNA13 Regular Meeting
November 23, 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 7:00 p.m., on
November 23, 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; and Dave Hix, Recorder.
3. APPROVAL OF MINUTES
A. November 9, 1998, City Council Meeting Minutes
MOTION/SECOND: Gurm/Stigney to approve the November 9, 1998, City Council Meeting
Minutes as amended.
Gunn offered the following correction: Under Council Business, Item 7B, change the name
"Pam Reimersma" to "Pat Reimersma" throughout the discussion.
Stigney offered the following corrections: Page 3, last paragraph, change the word "won" to
"settled." Page 5, last paragraph, change the initials "B.V." to "V.B," same page and paragraph,
change the spelling of the word "compliment" to "complement." Page 14, first motion and
second, correct the spelling of the word "of" Page 13, insert the word "best" before the word
"overall."
Mayor McCarty stated the past election had the highest number of on-site registrations that the
City has ever had. He commended all of the Judges and staff that helped in the process. Whiting
stated a copy of the commendation would also be put in Cari Schmidt's file to recognize the work
that she did in the election process.
, PPR (NED
Mounds View City Council a
November 23, 1998
Page 2
VOTE: Ayes -4 Nays - 0 Abstain- 1 (Mayor McCarty) The motion carried
4. SPECIAL ORDER OF BUSINESS
A. Resolution No. 5279, A Resolution of Commendation and Recognition to the 1998
Election Judges for a Successful Primary and General Election.
MOTION/SECOND: Koopmeiners/Gunn to approve Resolution No. 5279, A Resolution of
Commendation and Recognition to the 1998 Election Judges for a Successful Primary and
General Election.
VOTE: Ayes - 5 Nays - 0 The motion carried
5. CONSENT AGENDA
A. Approve Just and Correct Claims.
B. Approval of Contractor Licenses. (Staff Report Attached)
C. Approval of Resolution No. 5380, Approving the Election Results from the November
16, 1998 Recount.
D. Set a Public Hearing for 7:10 p.m., on Monday, December 14, 1998, to consider
Resolution No 5281, A Resolution Approving a Preliminary Plat for the Carmike
Theater Development Site, located at 2430 Highway 10.
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 for residents' requests and comments on items not on the
agenda.
No residents' requests or comments were considered on items not on the agenda and the floor
was returned to the Council.
7. COUNCIL BUSINESS
A. Appeal of a Variance Denied by the Planning Commission on September 16, 1998,
Requested by Michael Tobias of 8111 Eastwood Road.
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Mounds View City Council
November 23, 1998
Page 3
Associate Ericson gave the staff report as follows:
On September 16, 1998, the Planning Commission, acting as the Board of Adjustment and
Appeals, denied a variance request by Mr. Tobias to allow for two curb cuts on his lot, one
accessing Eastwood Road, the other to access Sherwood Road. The Planning Commission acted
to deny the variance request on the basis that there was no discernable hardship associated with
the property which would warrant the granting of such a variance. Mr. Tobias was before the
City Council exercising his right to have the Planning Commission's ruling of denial appealed to
the Mounds View City Council.
In April of 1998 Mr. Tobias's request for a building permit to replace his driveways was denied
because of Mounds View's existing ordinance that limits a single-family home to only one curb
cut. Mr. Tobias agreed to eliminate the Sherwood Road driveway and the City issued him the
appropriate building permit. The contractor that Mr. Tobias had hired, ACI Construction Inc.,
did not follow the construction plan and reconstructed both the Eastwood Road driveway and the
Sherwood Road driveway. This was not an intentional act by Mr. Tobias, but an error on the part
of the construction company. Staff notified Mr. Tobias that he had two options to bring his
property in compliance with City Code:
1. Remove the portion of the driveway going to Sherwood Road; or
2. Apply for a variance
Mr. Tobias applied for the variance,which was denied. The Planning Commission determined
that the work that Mr. Tobias had contracted for was not repair or maintenance type work but
reconstruction; thus, the work required a variance. The Planning Commission also discussed its
option to waive the one-curb cut requirement if it is in the best interest of public safety. The
Planning Commission determined traffic counts in the area were not sufficient to warrant a
hazard to either the property owner or drivers in this area.
Ericson reviewed the rationale for the City's Code that does not allow for more than one curb cut
for a single-family home. He also stated that no other variance requests with similar conditions
had been made since 1979, the implementation date of the Code. It is the City's intent to bring
nonconforming properties into conformance at the time that work is being done to the property.
Mr. Tobias's problem was discovered when the City was doing its final inspection for the
property, which is normal policy.
Michael Tobias, 8111 Eastwood Road, said he has been a resident of Mounds View for over ten
years. He and his wife have invested a substantial amount of money improving their home,
including: New roofing, new bedrooms and bathrooms, and new siding. The final part of the
improvement process was to repave the existing driveways. He stated these driveways were
UNAPPROVED
Mounds View City Council
November 23, 1998
Page 4
there when they moved into the house and would fall under the City's "grandfather" rules.
Mr. Tobias reviewed the seven criteria that need to be met in order for the City to grant a
variance request. He said it was his feeling that the Planning Commission did not consider a part
of the criteria which states that a variance may granted if"practical difficulties" could be proved.
Mr. Tobias said his practical difficulty is public safety, backing out of his driveway into
oncoming traffic.
Koopmeiners noted that the old driveway had been completely removed and replaced with new
work.
Mayor McCarty noted the construction company had revised their bid after the City denied the
first building permit request. A second permit request was granted based on he City's
recommendations and the contractor revised his bid in accordance with these City
recommendation. So both Mr. Tobias and the contractor were aware that the Sherwood Road
driveway was not a permitted condition. Ericson concurred with the Mayor's analysis.
Stigney stated Mr. Tobias had made a good case and should be granted his request for a variance.
The contractor made an error and Mr. Tobias is not at fault, he added.
MOTION/SECOND: Stigney/Gunn to approve the variance based on the facts as presented.
Discussion: Mayor McCarty said that allowing a variance for Mr. Tobias would not bring a
"wholesale two curb cuts" into the City on mid-block lots. He suggested that a change may be
needed to the ordinance to make exception to corner lots because of their proximity to the
corners and stop sign or traffic control devices. "Variances should not be the normal mode,they
should be the exception," he stated.
Quick stated he was opposed to the variance because the safety circumstance that Mr. Tobias had
referred to, backing out of his driveway, was unsubstantiated. Grandfather clauses apply to
properties only until the time there is going to be work done on the property, at which time the
properties are brought up to code, he said. Quick said one of the goals of City development is to
keep impervious surfaces down to a minimum. "If the City didn't have codes and rules to direct
development within the City, we're just going to have a hodgepodge," he said. Quick said,
"Codes are there to protect everybody else's interest,plus the property owner's."
Koopmeiners noted that Mr. Tobias agreed to abide by the City's request that the Sherwood Road
driveway be removed, and the permit was issued on that basis. The home owner is ultimately
responsible for the work that is done on his property.
uf\AppRovED
Mounds View City Council
November 23, 1998
Page 5
Gunn asked if the contractor had admitted any wrong doing. Mr. Tobias said they have indicated
they are not willing to remove any of the work.
Mayor McCarty asked staff if the appropriate plans had been attached o the building permit.
Ericson stated all building plans have the appropriate plans attached when they are sent to the
applicants. The contractor had the correct plans before any work was to begin, he added.
MOTION/SECOND: McCarty/Stigney to table the variance request until such time as the City
and staff can review the ordinance, hold the appropriate public hearings, and make a judgement
as to the relevance of the Code as it stands at present.
Discussion: Mayor McCarty agreed there was a public safety issue as Mr. Tobias had stated.
Stigney restated his opinion that Mr. Tobias had done nothing wrong and the variance should be
granted. Mayor McCarty stated each time a variance is granted the Code is weakened by the
precedent that is set. He said tabling the issue would give Mr. Tobias a chance to "stay out of the
fray" for a while and then the City could take the necessary steps to amend the ordinance, if
deemed applicable. Quick stated the only time the City should consider changing an ordinance is
when the City is "swamped" with variance requests. "I've been here continuously for 14 years,
and I cannot remember one request such as this for a variance for two curb cuts in this situation.
There is not a need out there to change this," he said. Quick added, "This is a black and white
situation and we have to deal with it tonight." Attorney Long stated Mr. Tobias was raising an
interpretation question that is both a legal question and a policy question of whether or not the
work that was done was maintenance/repair work or new construction. If the work is
maintenance/repair a variance is not required. If the work is new construction or reconstruction,
and the question of conformity is raised, then a variance would be needed.
Mayor McCarty told Mr. Tobias that he would have to agree to waive the 60-day rule and give
the City the opportunity to review the ordinance in question. Quick told Mr. Tobias that his
request would be considered by new Council Members and a new Mayor. Mayor McCarty told
Mr. Tobias if the ordinance was changed in the review process his driveway would be in
compliance and a variance would not be necessary. If the ordinance stays as is he would have
the opportunity to reappear before the Council to continue arguing his case. Mr. Tobias asked if
there would be any additional fees charged to him for the variance request. Mayor McCarty said
no additional costs would be charged in the application. Staff concurred that there would be no
additional costs. Mr. Tobias agreed to waive the 60-day rule.
VOTE: Ayes - 4 Nays - 1 (Koopmeiners) The motion carried
Chad Harris expressed his concern that the City was taking the appropriate steps to deal with
the year 2000 ("Y2K") computer problem. Mayor McCarty and City Administrator Whiting
171 t.ri :7,
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Mounds View City Council 4‘ �. Les
November 23, 1998
Page 6
assured Harris that the problem was being dealt with in a timely manner.
8. REPORTS
Quick No Report
Koopmeiners No Report
Gunn No Report
Stigney No Report
Mayor McCarty announced open seats on the Planning Commission, Street Committee, and
Charter Commission. He invited members from the viewing audience to participate in their
City's government by serving on one of the City commissions.
Whiting told the viewing audience that a Park and Recreation Commission meeting to discuss
the possibility of contracting for park and recreation services and management of the Community
Center with the YMCA has been set for November 23, 1998 at 7:00 p.m.
The 1999 Budget Truth and Taxation meeting is set for November 30, 1998, 6:00 p.m. at City
Hall.
9. Park& Recreation Commission Meeting: Tuesday,November 24,1998-7:00 p.m.
1999 Budget and Truth and Taxation Meeting: Monday,November 30, 1998 - 6:00
p.m.
Next Council Work Session: Monday,December 7, 1998-6:00 p.m.
Next Council Meeting: Monday,December 14, 1998-7:00 p.m.
10. ADJOURNMENT
MOTION/SECOND: Koopmeiners/Stigney to adjourn the meeting at 8:28 p.m.
VOTE: Ayes - 5 Nays - 0 The motion carried
Respectfully submitted,
OvteNix/21- --
Dave Hix
Recorder
APPROVED
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY,MINNESOTA
Regular Meeting
November 9, 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 Acting-Mayor Koopmeiners at 7:03 p.m.,
on November 9, 1998.
2. ROLL CALL
MEMBERS PRESENT: Acting Mayor Koopmeiners, Council Members Gunn, Stigney, and
Quick
MEMBERS ABSENT: Mayor McCarty (excused)
ALSO PRESENT: Chuck Whiting, City Administrator; Bruce Kessel, Finance Director; Rick
Jopke, Community Development Director; Mike Ulrich, Public Works Director; Mary Saarion,
Parks, Recreation& Forestry Director; Bob Long, City Attorney; and Dave Hix, Recorder
3. APPROVAL OF MINUTES
A. October 26, 1998, City Council Meeting Minutes
MOTION/SECOND: Gunn/Stigney to approve the November 9, 1998, City Council Meeting
Minutes as published and amended.
Stigney offered the following corrections: Page 1, Item 3 A, last sentence, correct the spelling of
the name "Caughlin" to "Coughlin." Page 2, Item 6, last sentence, change the word
"Commission" to "Council." Page 4,third paragraph, change the first occurrence of the word
"to" to "told," in the same paragraph, change correct the spelling of the word "opposed." Page 5,
at the MOTION/SECOND: insert Stigney as the seconder to the motion. Page 6, second
paragraph, change the word "completion" to "competition." In the same paragraph change the
word "Director" to "Economic Coordinator." In the second to last paragraph on Page 6, change
the word "review" to "reviewed."
VOTE: Ayes - 4 Nays - 0 The motion carried
APPROVED
Page 2
November 9, 1998
Mounds View City Council
B. November 4, 1998, City Council Canvassing Meeting Minutes
MOTION/SECOND: Stigney/Quick to approve the November 4, 1998, City Council
Canvassing Meeting Minutes as submitted.
VOTE: Ayes - 4 Nays - 0 The motion carried
4. SPECIAL ORDER OF BUSINESS
A. Certificate of Appreciation for Keith Anderson- Minnesota Technology Teacher of the
Year
Acting-Mayor Koopmeiners awarded a Certificate of Appreciation from the City of Mounds
View to Mr. Anderson for his work in achieving The Minnesota Technology Teacher of the Year
award.
Keith Anderson accepted the award and told the Council that he was proud to be a teacher in
and resident of Mounds View.
B. Certificate of Appreciation for Mike Hanson-American Truck Driving Association's
Professional Truck Driving Championship
Acting-Mayor Koopmeiners awarded a Certificate of Appreciation to Mike Hanson for his
efforts in winning the American Truck Driving Association's Professional Truck Driving
Championship, 1st place in the "Flatbed Division." Mike Hanson is an employee of SYSCO, a
business located in the City of Mounds View.
5. CONSENT AGENDA
A. Approve Just and Correct Claims
MOTION/SECOND: Gunn/Quick to approve the Consent Agenda as published
VOTE: Ayes -4 Nays - 0 The motion carried
6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR
David W. Jahnke, 8428 Eastwood Road, asked the following questions:
1. How did the City get from the original Resolution on the Community Center to
APPROVED
Page 3
November 9, 1998
Mounds View City Council
$6.5 million on the Bel Rae Ballroom?
2. Is it true that the Children Home's Society wants to get out of their lease, or
renegotiate the lease to a lesser amount?
3. Did the City lose or gain money in regard to the litigation at the "Golf Course."
4. Are the taxes charged on utilities in the City going to go up or stay at their current
levels?
City Administrator Whiting offered the following answers to Mr. Jahnke's questions:
1. The correct amount for the Community Center (the old Bel Rae Ballroom) is $6.2
million dollars. This is a total of all of the costs incurred to date. At the time of
the referendum the amount was $3.3 million. Prior to that about$800,000-
900,000 had been spent. After the referendum process there were additions to the
proposed design of the building,which were agreed to and approved by the City
Council in conjunction with the Community Center Task Force. These changes
brought the project to its current$6.2 million. Whiting told Mr. Jahnke that he
would forward to him a breakdown of all of the costs.
Mr. Jahnke expressed his concern that the citizens never had an opportunity to
vote on all of the changes that are taking place on the project. "The original
Resolution and the Charter called for only going over a certain percent, by a
Resolution," he said. "Legally, by the Charter, how did this happen?"
2. Whiting told Mr. Jahnke the Children's Home Society, during the summer
months, had been experiencing some shortfalls in the number of children that it
cares for. Currently the number of children being cared for has increased. The
City has been in discussion with Children's Home Society in regard to what could
be done to keep them in the building or whether or not the City should find
someone else to operate the facility. A verbal agreement has been reached to the
effect that Children's Home Society will stay in the building for the "base rent,"
$30,000 for 1999. Any difference (shortfall)will be held in escrow to be paid
back at some point in the future, or if they decide to break the lease ahead of time
they will owe that amount($8,000 - 15,000)to the City. Their play ground
equipment will be installed along with other undefined equipment. If and when
they leave all of this equipment would be left to the City. The Council has agreed
to this approach and a written document is being prepared by staff.
3. City Attorney Long told Mr. Jahnke the City settled its litigation involving the
Golf Course. The City was paid $125,000 as a result of this litigation. Cost of
litigation was $300,000.
APPROVED
Page 4
November 9, 1998
Mounds View City Council
4. Whiting stated the the tax on utilities issue would be discussed later in the
Council's regular meeting. The Franchise Fee expires at the end of the year. The
only way to keep it going is to pass an ordinance so the City can notify NSP to
continue their services.
Julie Olson, 2663 Lake Court Circle, requested information/documentation regarding the
"overspending" at the Community Center. Continuing, Ms. Olson asked when the TIF District
No. 4, which the Community Center is part of, would be decertified and how would the citizens
go about having the TIF District No. 4 decertified if it has not been done.
Whiting stated the issue would be put on the Council's future agenda for action. Kessel told Ms.
Olson state law requires that the district be decertified if there is no activity in the district.
Ms. Olson asked if the Holiday Gas Station, which is part of TIF District No. 2, could be
decertified. She stated the money realized by the City's general fund from decertification of
these TIF districts would help make up the operating funds needed for the new Community
Center.
Kessel stated. "80 percent of the money that's coming into the district is not General Fund
Money. It's from the School District and the County. So,the City is approximately 18-20
percent of the total taxes."
Jopke told the Council they could take any parcel of land out of a Tax Increment District. You
can decertify districts or you can decertify individual properties.
Koopmeiners suggested putting the issue on a December Council Work Session for future
discussion. Stigney suggested putting the senior housing project on the same discussion agenda
because they are no longer looking for TIF assistance. Jopke stated when the senior housing
project changed from an apartment complex to a co-op concept there was a change in the
project's tax structure. Real Life has decided that TIF assistance is not needed.
Dan Coughlin, 8468 Spring Lake Road, offered his thanks to the City staff, in particular Chuck
Whiting and Cari Schmidt, for their good work during the past election process.
7. COUNCIL BUSINESS
A. Public Hearing and 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. Public Hearing and Second Reading
APPROVED
Page 5
November 9, 1998
Mounds View City Council
2. Motion to Adopt
Kessel recommended holding off on the Motion to Adopt in light of its impact on the budget
discussions taking place during the week of November 16, 1998.
Acting-Mayor Koopmeiners closed the Council meeting and opened the public hearing.
David Jahnke, 8428 Eastwood Road, said it was his understanding that it was the City's goal to
get taxes taken off of the utilities used by the City residents. "Why does the City want to raise
taxes? Is it because we spent so much money on the Bel Rae and all other things?" he asked.
Acting-Mayor Koopmeiners said there are other issues besides the new Community Center that
the City needs to generate funds to pay for, such as: paying for the police officers that had been
part of a federal funding program that is no longer funded. Whiting said street improvement
funds also needed to be maintained.
Acting-Mayor Koopmeiners closed the public hearing and returned the floor to the Council.
MOTION/SECOND: Quick/Gunn to waive the second reading of Ordinance No. 622, an
Ordinance Implementing a franchise fee on electric and natural gas utility companies for the
operation of the utility in the City of Mounds View. The Motion to Adopt was tabled until the
City Council meeting of November 16, 1998.
VOTE: Ayes - 4 Nays - 0 The motion carried
B. Discussion of Community Center Management Options.
Whiting said the item was put on the agenda to solicit suggestions and discussion from the
community in regard to how best to manage the Community Center's operations. One of the
goals is to keep the operations, on a yearly basis, as free from the general fund budget as
possible. Early on in the planning of the Community Center one of the operation options that
had been considered was working with a volleyball association(the V.B. Diggs Group) as the
operator of the Community Center. This plan did not come to fruition. Other options were to
take the existing Park and Recreation staff, move them into the new facility and complement
them with added personnel to help cover the hours of operation on a seven-day a week, full-time
operation schedule. This option is financially undesirable because of the City's limited levy
increase. Requests for Proposals (RFP) were sent out to private vendors to solicit bids for private
management of the Community Center. The YMCA, The City of New Brighton, and Innovative
Images responded to the RFPs.
APPROVED
Page 6
November 9, 1998
Mounds View City Council
The proposals were reviewed by staff and Council Members. New Brighton's proposal was
based on how they run the New Brighton Family Services Center. It was very strong on building
management. They were proposing to share some administrative costs with the City of Mounds
View.
Innovative Images made a presentation that was very strong in marketing. They emphasized the
Center's banquet facility and activities that would generate revenues. Another feature of their
proposal was to act as a contracted employee to oversee the Park and Recreation programs not
only in the Community Center but throughout the entire community.
Whiting turned the floor over to Bruce Kessel to discuss the YMCA proposal.
Kessel told the Council that several options had been discussed in regard to having the YMCA
involved in the Community Center. This included after school and summer programming.
Another option is for the YMCA to do all of the City's recreation programming. After
preliminary evaluation it appeared that between $50,000 - 100,000 could be saved by having the
YMCA take over the entire Park and Recreation program. Guidelines for the YMCA's operation
of the City's Park and Recreation program were stated as:
1. City input into the types of programs that would be offered
2. Local input into the fee charged for the programs
3. Local input into the hours of operation
4. Retain the existing fee structure
a. set fees per program and not monthly fees
5. Additional joint ventures
6. Additional fund raising
7. Take advantage of senior and volunteers
The YMCA would furnish a local manager on site with oversight from the Shoreview Executive
Director. There would be local programmers and local instructors.
Pat Reimersma, YMCA representative, gave the following presentation:
A brief history of the YMCA was given. The YMCA has nine branches and three resident
camps. Ms. Reimersma read the YMCA's mission statement which emphasizes "strong kids,
strong families and strong communities." The YMCA sees this opportunity with Mounds View
as an extension of its services to the community and not as an economic opportunity; although
one of its objectives is operate a facility "in the black. All of the YMCA's programs include the
core values of caring, honesty, respect, and responsibility.
APPROVED
Page 7
November 9, 1998
Mounds View City Council
The YMCA has collaborated with the City of Shoreview in running their summer parks and
recreation programs. This includes sharing of staff and internal activities. A similar program
was set up in New Brighton. There is also strong participation with Mounds View community
education and school district and the Suburban Ramsey Family Collaborative.
The YMCA would provide:
1. Program directors
2. A person that would be responsible for the management of the facility
3. Support staff for the park and recreation programs
4. The staff would be hired by the Northwest YMCA and comply with their
personnel policies
5. Mounds Views Park and Recreation Commission would be asked for help in
planning the programs
6. Programs and fees would be established by the YMCA with consultation from
Mounds View's Parks and Recreation Commission
7. Mounds View residents would be provided a "fee" specifically for them
8. Other communities would be encouraged to participate in the programs
9. No annual membership would apply at the Mounds View branch
Acting Mayor Koopmeiners opened the floor for question of the YMCA presenters.
Julie Olson expressed her concern that the City staff had not advertised in enough venues for the
RFP for managing the Community Center. She also stated she would be in favor of having the
YMCA operate the Community Center. Ms. Olson suggested formulating a management
agreement that was entered into on a year-to year basis.
Kessel stated the City would be looking at an agreement for three to five years with renewal
options.
Ms. Olson asked if the YMCA would run the Community Center and park and recreation
activities totally independent of the City.
Whiting stated the City's basis for performance standards, for service delivery, is what is
happening now. It is the feeling of staff that these performance standards should be maintained.
David Jahnke gave the Council his recommendation to offer the YMCA the management
contract because, "they can run a business better than a government can."
APPROVED
Page 8
November 9, 1998
Mounds View City Council
Pam Starr, Park and Recreation Commissioner, asked for the following clarifications:
1. What will the staffing levels be at the Community Center which are dedicated to
park and recreation activities? Pat Reimersma stated there would be two full-
time employees for this purpose.
2. What do you think that the fee levels will be, do you think that they will be the
same, increasing, decreasing? Pat Reimersma stated the fee structure would be
established with the input of the Park and Recreation Commissioners and staff. It
is the YMCA's intent to cover the expense from staffing and run a quality
program.
3. What happens if the YMCA's budget doesn't deliver the type of service that the
City currently has? Scott Goyer stated the expenses and incomes for programs
will be handled just as they are being handled now. If there are surpluses they
will be shared with the YMCA and the City. Kessel stated the programming
would be identical to what is currently being offered by the City.
4. If the level of service is less, will the YMCA's budget make up for any short falls?
Kessel stated the projected cost for the YMCA to operate identical programs is the
same as the City is expending now. Savings will be realized in overhead and
administrative costs.
Ms. Starr stated the Park and Recreation Commission wants to see fees and the level of service
remain the same. She asked for an itemized budget for the YMCA's proposal.
Richard Sonterre, 5060 Red Oak Drive, expressed his concern that the YMCA could effectively
operate Mounds View's Park and Recreation programs. He said he was concerned with the
YMCA's lack of experience in handling this type of program in other communities in the area.
Whiting said if the YMCA and Mounds View do enter into a management agreement for the
Community Center, maintaining the current level of services will be an ongoing effort for both
the City and the YMCA. "The City's intent is for no cut in services; although, realistically, it will
be different. The people will have to judge for themselves whether it is better or worse," he
added.
Mr. Sonterre asked if some of the Parks and Recreation work load is shifted to Public Works,
will they be getting additional help to offset their added responsibilities.
Whiting said the two individuals that are currently Park employees would be shifted over to the
Public Works Department. Again,the City staff would be responsive to public input in regard to
the level of service and whether the current level of service is being maintained.
APPROVED
Page 9
November 9, 1998
Mounds View City Council
Mr. Sonterre expressed his concern that this process of the proposed dismantling of the Parks
and Recreation Department was the beginning of"out sourcing" for City services. He stated he
was not opposed to the YMCA proposal but he is concerned at the speed that the process is going
at. The City has a successful quality service (Parks and Recreation) and yet they are considering
turning over the management responsibilities of that Department to an organization that has no
past experience in running a parks and recreation department.
Mary Saarion, Director of Parks and Recreation for the City of Mounds View, gave a brief
overview of the services that the City's Parks and Recreation Department provides. These
include parks facilities, recreation programs, obtaining grants for facility and program
improvements, training of citizen volunteers to help in operating the facilities and programs, and
employing and training youth in park and recreation programs. The Park and Recreation budget
has been reduced from $800,000 in 1988 to $500,000 in 1998. This has been done with study
into more efficient operations and scheduling, with service evaluation, and with hard work. The
current budget cannot be cut any more without cutting either services or staff. Ms. Saarion
encouraged the YMCA to take over the operation of the Parks and Recreation Department if they
thought they could furnish the same quality and level of services that are now being offered. She
stated of the 104 recreation program areas, only 14 of those areas are to be held at the
Community Center. The remaining 90 programs are held out in the community, in the schools,
churches and parks. "Who is going to manage this remaining 87 percent of the programming?"
she asked. Ms. Saarion urged the staff and Council to make sure that the service delivery would
meet the communities expectations.
Mike Sapanski, 2485 Oak Court Drive, expressed his concern that the City built a Community
Center and doesn't know what they are going to use it for. He also expressed his concern that the
City's "vague proposal" to the YMCA, would yield dollar savings that are just as vague. Mr.
Sapanski expressed his concern with "outsourcing" of the City's labor.
Scott Denz, Park and Recreation Commission, Commissioner, agreed with all of the previous
comments made by Parks and Recreation Commissioners. He asked staff to provide to the
Commission a detailed YMCA proposal and any specifications that were provided to the YMCA
to make their proposal on. Mr. Denz asked staff who would be handling grant applications if the
YMCA was to take over the operation of the City's Parks and Recreation Department. He sated
his opposition to hiring the YMCA to manage the City's Parks and Recreation Department.
Whiting stated grant applications would have to be a joint effort between the YMCA and the
City. He added a meeting would be held with the current Parks and Recreation Commission
before any final decision is made.
John Craiger, 8280 Pleasant View Drive, said his biggest concern, and what the communities
Page 10 APPROVED
November 9, 1998
Mounds View City Council
biggest concern should be is: "How will the kids benefit? How will the adults benefit? And
how will the City benefit from hiring the YMCA to manage the Parks and Recreation
Department?"
Mr. Sonterre asked if the budget proposals would be based on the City's operation of the Parks
and Recreation Department or the YMCA's proposal.
Whiting stated that would be a discussion held by the Council in the following weeks prior to
approving the budget.
Harvey Feldman,New Hope, MN, stated he had been the Minneapolis Park and Recreation's
Assistant Superintendent for Administration for 20 years. During that time he had the
opportunity to write 21 "joint facility agreements" with the Boys' and Girls' Clubs, Pillsbury
United, and many with the School Board. Government is being asked to provide more services
with less money, as Mr. Quick eluded to, he said. Mr. Feldman suggested not proceeding with
any agreement with the YMCA without an agreement signed by the Board of Directors of the
YMCA; the main governing board. He suggested not approving any agreement until the new
City Council was in place. Mr. Feldman offered a lengthy list of items to include in an
agreement if and when it is reached. He suggested agreeing to nothing less than a five-year time
period for the agreement. Mr. Feldman offered his advise as an interested professional if and
when the City decides to proceed with hiring the YMCA as its Community Center manager. He
also added that the YMCA, as part of its operating function, can take profit from its existing
operations to support other facilities that it is running, and Mounds View must be aware of this
fact.
Gunn asked the Commission if it came to increases in fees or taxes how much they would be
willing to pay to keep the operation of the Parks and Recreation Department "in-house." The
Commission answered they would be willing to pay higher fees to keep the services in-house.
Terresa Lexan, 5229 Jeffery Drive N.E., expressed her concern that the personnel that would be
working out of the Community Center under the YMCA organization would be entry level,
inexperienced people, replacing the City's experienced staff. She stated she was happy with the
City's staff running the Park and Recreation programs. Ms. Lexan suggested not looking at the
issue as an "all or nothing type of choice." It might be possible to have the City and the YMCA
work together to operate the facility, she said.
Stigney advised the Council to consider the comments of the incoming Council members in any
discussions held on the Community Center management issue. This would give the Council
"eight people looking at the issue instead of five. He offered his appreciation to the YMCA staff
for taking into consideration all of the questions and comments being offered at this meeting.
APPROVED
Page 11
November 9, 1998
Mounds View City Council
Gunn asked the YMCA staff why they were interested in doing something of this nature when
they had no prior experience.
Scott Goyer told the Council the Y's vision is to work with communities. This is an opportunity
to fulfill their vision. He gave a list of YMCA facilities located throughout the country that do
operate parks and recreation departments for their surrounding cities.
Ms. Starr asked: "Do you see any money coming out of the Mounds View operation that would
go back into the inner city YMCA's?" She strongly urged that language be included in the
contract that would keep surplus funds, from the operations of the Community Center by the
YMCA, in the City of Mounds View.
Mr. Goyer stated it was the YMCA's intent to recoup the money that it takes to provide the
services. Surplus funds would be put back into the system to improve the programs that are
being offered, he said.
Ms. Reimersma asked the Council to keep in mind that the YMCA's fund raising efforts could
possibly bring money into this city from other cities.
Acting-Mayor Koopmeiners called for a five-minute break- 9:45
Acting-Mayor Koopmeiners called the meeting back to order at 9:50
C. Consider Authorizing the Mayor and City Administrator to Finalize and Execute the
Agreement with Innovative Images for Banquet Center Management.
Kessel gave his report as follows:
The City Attorney has not reviewed the final draft so any agreement would be subject to his
review.
The contract is proposed to be a five-year contract starting January 1, 1999 continuing through
2003, with options for renewal periods. Compensation would be based on how much rental and
other fees are generated at the banquet center. A list of compensation percentages versus gross
revenues was reviewed. Images will be responsible for the management, marketing,reservations
and events at the facility. Kessel said that several other cities had been contacted to determine if
the program being offered by Images was to the City's best interest.
The City will have the option of reserving time for its needs taking into consideration the busy
times of the year where Images would be generating most of its business.
Page 12 APPROVED
November 9, 1998
Mounds View City Council
MOTION/SECOND: Quick/Gunn to Authorize the Mayor and City Administrator to Finalize
and Execute the Agreement with Innovative Images for Banquet Center Management; and that
the City Attorney will word the contract to create and "early review period" (two years) or to
create some additional language to allow the City, at its determination,to request a review in the
negotiation.
Discussion:
Acting-Mayor Koopmeiners expressed his concern that proper termination clauses be developed
by the City Attorney. He also asked who would determine nonperformance of the operator.
Whiting stated there would be some staff oversight of the facility and they would determine any
issues of nonperformance.
Acting-Mayor Koopmeiners expressed his concern in regard to having a five-year contract and
not being able to change operators if there were nonperformance issues.
Stigney said he had no idea if Image's proposal was good or not because there were no other
companies that submitted proposals to manage the banquet facility.
Whiting stated that in the original RFP for management of the Community Center, Images was
the only firm that addressed an active marketing program for the banquet facility. Staff decided
that a negotiated agreement with Images would be in order because of the expertise that they
offered in this area. The City had only received three responses to its RFP for management of
the Community Center and its facilities. Whiting stated at this point it would not be fair to
Images to release their contract specifications for an open public bid.
Stigney stated staff should have gone out and solicited other bids. He agreed that it wouldn't be
fair to Images but it is also not fair to other possible vendors. "If the staff feels this is good and
the rest of the Council feels this is good, I guess that's the thing that is the bottom line here," he
added. Stigney stated the City Attorney needs to spend more time in "fine tuning" the contract.
He said that he would like to go over some of the contract details with the Finance Director
before the contract is adopted.
Julie Olson asked that the City Attorney review the contract before any final decision is made.
She also expressed her concern with a five-year contract. Ms. Olson said she was in favor of
offering Images a year-to-year contract.
Whiting stated he disagreed with the year-to-year agreement. "Who would want to commit
certain resources and time to make a commitment to an endeavor for only a one-year period?" he
Page 13 APPROVED
November 9, 1998
Mounds View City Council
asked. Whiting stated he could not support, as City Administrator, opening up Images contract
for public bid.
Ms. Olson stated the process should be opened up for public bid.
Dan Coughlin suggested offering the banquet manager a "probationary period" which would
give both the contractor and the City the ability to assess operation successes and failures. He
stated he would not be in favor of a five-year contract.
City Attorney Long stated the first term, whether it be six months or a year, couldn't really be
covered in a termination clause. "As a policy matter the term of the contract is important and
separate from the termination clause," he added.
Quick stated, "Image's owner has a track record with the City and I feel perfectly comfortable
with this individual handling this job...I don't see any problem. I don't see any need for a
probationary period. I think we're drawing at straws. I think there might be some political
undertones here, considering what happened here in the last couple of weeks (the election), and
I'm sick and tired of hearing it....All's we're doing is burning time."
Stigney stated the issue can be carried over and Quick was out of order.
Mr. Coughlin stated the issue wasn't politically motivated. But, "Are we going to set a precedent
where we just base things off of our own personal impressions of individuals here in town. Or
do we basically say,this is an agreement, forget the personalities involved, but this is an
agreement that the City is entering into that may or may not work out. On that basis, and on that
basis alone, I raise the concern of entering into a long term contract when we have no track
record with a facility that hasn't opened yet.
Long stated if the Council's wish is to have the ability to renegotiate the contract at any point,
that statement would have to be added to the contract.
Stigney stated Images would be a good choice for the job; however, they have no experience in
managing a banquet facility. If we're going to look at this individual for this job maybe we
should go out for RFPs and see what else might be out there. "And the bottom line is, whoever
looks like they've presented the best overall package for the City perhaps that would be the way
to go," he added. Stigney suggested holding off on a decision on the banquet facility.
Gunn stated she was in favor of a two year contract because it would take more than one year to
get the facility "up and running" to the point of profitability.
AR ROVED
Page 14
November 9, 1998
Mounds View City Council
VOTE: Ayes - 3 Nays - 1(Stigney) The motion carried
D. Consider Authorizing the City Administrator to enter into contract with Innovative
Images to begin the steps necessary to manage, operate and market the banquet center for
the remainder of 1998.
Kessel gave his report as follows:
The purpose of the request is to start getting contracts and rate finalization. The proposal is to
pay Innovative Images $2,000 for the remainder of the 1998 year to advertise, handle inquiries,
and handle the day-to-day operations of the banquet facility for the rest of the year.
Stigney recommended using current staffing to do the job.
MOTION/SECOND: Gunn/Quick to Authorize the City Administrator to enter into a contract
with Innovative Images to begin the steps necessary to manage, operate, and market the banquet
center for the remainder of 1998.
VOTE: Ayes - 3 Nays - 1(Stigney) The motion carried
E. Set a Public Hearing for Ordinance No. 623,An Ordinance 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. Conduct First Reading; and
2. Motion to Set a Date for Public Hearing at 7:00 p.m. and Second Reading
for December 14, 1998
Kessel gave his report as follows:
What's being proposed is that all quarterly meter charges would remain the same. Water rates
would be raised from $1.40 to $1.45/per 1,000 gals. Waste water rates would be raised from
$45.50 to $47 per quarter, effective January 1, 1999.
MOTION/SECOND: Quick/Stigney to waive the First Reading and set a Public Hearing for
Ordinance No. 623,An Ordinance 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. The
Public Hearing will be set for 7:00 p.m., December 14, 1998.
VOTE: Ayes - 4 Nays - 0 The motion carried
Page 15 APPROVED
November 9, 1998
Mounds View City Council
F. Set a Public Hearing for Ordinance No. 624, An Ordinance adopting the Long Term
Financial Plan
MOTION/SECOND: Quick/Gunn to waive the First Reading and Set a Public Hearing for
Ordinance No. 624, An Ordinance adopting the Long Term Financial Plan. The Public Hearing
will be set for 7:05 p.m., December 14, 1998.
VOTE: Ayes - 4 Nays - 0 The motion carried
G. Resignation of Planning Commission Member Bobbi Brooks
MOTION/SECOND: Gunn/Stigney to accept the October 22, 1998 resignation of Bobbi Brooks
from the Planning Commission.
VOTE: Ayes - 4 Nays - 0 The motion carried
Jopke gave his report as follows:
The Planning Commission is asking the Council direct staff to advertise the Planning
Commission's open seat, contact the previous applicants that had expressed interest in the seat
vacated by Marshal Johnston; and give the Planning Commission the opportunity to interview
and recommend the candidate to fill the vacancy.
H. Resolution No. 5287, Requesting an Extension of Comprehensive Plan Submittal
Deadline
Jopke gave his report as follows:
The Metropolitan Council has indicated that over half of the communities in the metropolitan
area have or will be requesting and extension to their Comprehensive Plan Update process. Staff
is also recommending that the City of Mounds View apply for an extension. The following is a
revised schedule:
1. Draft plan completion- January 29, 1998
2. Planning Commission sponsored community forums in February
3. Planning Commission sponsored formal public hearing and recommendation to
adopt to the City Council in March
4. City Council sponsored public hearing and approve the updated Comprehensive
Plan for submittal to the Metropolitan Council in April
5. 60 day approval process by the Metropolitan Council and final adoption by the
Page 16 APPROVED
November 9, 1998
Mounds View City Council
City of Mounds View
MOTION/SECOND: Gunn/Stigney to approve Resolution 5278, Requesting an extension of
Comprehensive Plan Submittal Deadline.
VOTE: Ayes - 4 Nays - 0 The motion carried
I. Consideration of Resolution No. 5276, Authorizing Release of Use Deed to Ramsey
County for Property known as PID #08-30-23-22-0002
MOTION/SECOND: Quick/Gunn to approve Resolution no. 5276, Authorizing Release of Use
Deed to Ramsey County for Property known as PID #08-30-23-22-0002
Discussion:
Stigney asked whether TIF money could be used to purchase the property.
Jopke told the Council that TIF money can be used to acquire property. The purpose of the TIF
funds has to be outlined in the purpose of the TIF plans. If it is indicated that land will be
acquired for economic development purposes, then the TIF funds can be used. If the property
was purchased and resold, the proceeds would have to go back into the TIF pool.
Stigney asked if the Salvation Army had tax exempt status, do they pay city and county taxes, or
not.
Jopke stated it depends on the funding source of the project that they are proposing.
Stigney asked if the City has to assume a tax exempt development. •
Long stated if the property was purchased by a private entity they would be responsible for taxes.
But if a tax exempt entity bought the property, and it was properly zoned, the City could not stop
the development.
VOTE: Ayes - 4 Nays - 0 The motion carried
I. Consideration of appointing Jim Schmidt, 5446 Erickson Road, Mounds View,to the
Streets Policy Committee
MOTION/SECOND: Stigney/Gunn to approve the appointment of Jim Schmidt, 5446 Erickson
Road, Mounds View, to the Streets Policy Committee.
APPROVED
Page 17
November 9, 1998
Mounds View City Council
VOTE: Ayes - 4 Nays - 0 The motion carried
8. REPORTS
Quick No Report
Gunn asked Director Ulrich for an update on the City's missing traffic counter.
Director Ulrich told the Council that one of the City's new traffic counters, and aluminum fixture
that is applied to the street with a special adhesive tape,had been removed from the street and
has not been seen since. He asked the viewing audience to keep a look out for the object and, if
found,to return it to the City Hall.
Stigney No Report
Whiting thanked Carl Schmidt and the election judges for the work that they had done at the
recent elections.
Whiting also told the Council that Council Member Gunn had requested a recount of the recent
election for her seat on the Council. This recount will be held November 16, 1998, at the City
Hall.
Attorney Long No Report
Acting-Mayor Koopmeiners thanked Cari Schmidt and the election judges for the work that they
had done at the recent elections.
9. Next Council Work Session: December 7, 1998 - 6:00 p.m.
Next Council Meeting: November 23, 1998 - 7:00 p.m.
10. Adjournment
MOTION/SECOND: Stigney/Gunn to adjourn the meeting at 11:28 p.m.
VOTE: Ayes - 4 Nays - 0 The motion carried.
Respectfully submitted,
5/4
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:
12240 through 12415 in the amount of$ 534,192.05
TOTAL AMOUNT OF CLAIMS PRESENTED: $ 534,192.05
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 12/15/98 by the vote ayes nayes
Mayor
Clerk-Administrator
Date: 12/10/1998 Time: 10:48:27 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
12240 AARP 55 Alive Class 4352 232.00
Total for Vndr A A R P 232.00*
12268 A T & T Wireless State Display Service 4200 7.52
Total for Vndr A T & T Wireless 7.52*
12269 Addie Lane Floral Flowers-Benesch,Buck 4200 86.16
Total for Vndr Addie Lane Flora 86.16*
12271 Airtouch 201-2559 4823 37.16
12271 Airtouch 269-6005 4823 25.71
12271 Airtouch 799-2586 4823 45.02
12271 Airtouch 799-2587 4823 12.65
12271 Airtouch 799-2590 4130 28.09
12271 Airtouch 799-4020 4180 9.97
12271 Airtouch Police Cell Phones 4200 114.30
Total for Vndr Airtouch 272.90*
12272 American Office Produc 4160 -27.46
12272 American Office Produc Business Cards-Schnur 4826 26.63
12272 American Office Produc Mat 4160 34.81
Total for Vndr American Office 33.98*
12274 AmeriPride Linen & App Entry Mats 4160 219.17
Total for Vndr AmeriPride Linen 219.17*
12275 Anchor Paper Co. Roll Towels, Paper Cups 4823 157.55
12275 Anchor Paper Co. Towels 4160 164.65
Total for Vndr Anchor Paper Co. 322.20*
12327 Annette Katzmarek Class Refund 6.00
Total for Vndr Annette Katzmare 6.00*
12278 Augie's, Inc. Sandwiches 4901 73.74
Total for Vndr Augie's, Inc. 73.74*
Date: 12/10/1998 Time: 10:48:27 Operator: Marge Norquist
Page: 2
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12279 B & L Steel & Tube, In Channel 4 x 7.25 x 20' 4465 43.44
Total for Vndr B & L Steel & Tu 43.44*
12280 B S N Sports Soccer Nets 4367 228.36
Total for Vndr B S N Sports 228.36*
12281 Bacon's Electric Street Light repair-Park 4416 115.00
Total for Vndr Bacon's Electric 115.00*
12283 Batteries Plus Batteries 4417 77.06
Total for Vndr Batteries Plus 77.06*
12284 Beisswengers 10" 28 Tooth Car 4460 23.42
12284 Beisswengers Brass Nipple, Barbs 4823 5.28
12284 Beisswengers Cleanout, Cap 4160 15.95
12284 Beisswengers Clk-Gun Rat 4460 26.61
12284 Beisswengers Hardware 4823 19.89
Total for Vndr Beisswengers 91.15*
12252 Bethany Saarion Christmas Wreaths 4160 38.00
Total for Vndr Bethany Saarion 38.00*
12329 Betty Kepler Class Refund 12.00
Total for Vndr Betty Kepler 12.00*
12251 Bill Hanson Steel Toe Boots 4823 148.65
Total for Vndr Bill Hanson 148.65*
12286 Bob's Personal Coffee Coffee 4160 79.23
Total for Vndr Bob's Personal C 79.23*
12287 Boulder Fabricators, I HRS Gussets 4462 31.95
Total for Vndr Boulder Fabricat 31.95*
12288 Brighton Veterinary Ho Veterinary Services 4200 313.00
Total for Vndr Brighton Veterin 313.00*
12289 Bumper to Bumper Car Parts 4465 110.23
12289 Bumper to Bumper Miniature Lamp 4462 16.29
Total for Vndr Bumper to Bumper 126.52*
12290 Capitol Communications Equipment repair 4465 30.00
12290 Capitol Communications Receiver Repair 4826 30.00
Total for Vndr Capitol Communic 60.00*
12291 Century College Law Enforc.Training-Bric 4200 825.00
Total for Vndr Century College 825.00*
12292 Chemsearch Weather Shield,Groundsma 4900 404.78
Total for Vndr Chemsearch 404.78*
Date: 12/10/1998 Time: 10:48:28 Operator: Marge Norquist
Page: 3
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12411 Christine Wall Class Refund 72.00
Total for Vndr Christine Wall 72.00*
12285 City of Blaine 2nd Half Fire Bond 4750 43,818.88
Total for Vndr City of Blaine 43,818.88*
12395 City of St. Paul Asphalt Mix 4470 99.51
Total for Vndr City of St. Paul 99.51*
12242 Commonwealth Land Titl Community Center Renovat 4650 267,241.46
Total for Vndr Commonwealth Lan 267,241.46*
12293 CompUSA, Inc. Win 95 Training 4130 165.00
Total for Vndr CompUSA, Inc. 165.00*
12294 Cottens, Inc. Dome Lamp 4462 11.25
12294 Cottens, Inc. Gaskets 4465 4.79
12294 Cottens, Inc. Relay 4465 17.22
12294 Cottens, Inc. Torx Bit 4462 5.31
Total for Vndr Cottens, Inc. 38.57*
12295 Cushman Motor Company, Cushman Hawk, Windshield 4900 14,164.50
Total for Vndr Cushman Motor Co 14,164.50*
12296 Dailey Construction Deposit refund for stree 700.00
Total for Vndr Dailey Construct 700.00*
12297 Dalco Vacuum Cleaner Repair 4160 132.70
Total for Vndr Dalco 132.70*
12319 David Hix Record.Council Mtg. 11/2 4100 56.25
12319 David Hix Record.Planning Mtg.11/0 4180 47.50
12319 David Hix Record.Planning Spec.Mtg 4180 41.25
Total for Vndr David Hix 145.00*
12330 David Kramer Variance Fee Refund 75.00
Total for Vndr David Kramer 75.00*
12298 Davies Water Equipment Comm.Ctr.Tot Lot Equipme 4650 22.11
Total for Vndr Davies Water Equ 22.11*
12412 Dawn Weippert Class Refund 13.00
Total for Vndr Dawn Weippert 13.00*
12306 Debra Foster Class Refund 10.00
Total for Vndr Debra Foster 10.00*
12244 Elan Financial Service Ace Hardware-Tools 4417 427.14
12244 Elan Financial Service Beisswengers 4900 101.54
12267 Elan Financial Service Beisswengers 4460 3.72
Date: 12/10/1998 Time: 10:48:28 Operator: Marge Norquist
Page: 4
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12244 Elan Financial Service Best Buy-Camera Equip. 4901 87.56
12244 Elan Financial Service Best Buy-PC Anywhere 4160 181.04
12267 Elan Financial Service Big Wheel Rossi 4360 8.48
12244 Elan Financial Service Carlson Travel-Hotel 4900 563.00
12244 Elan Financial Service Custom Truck-Parts 4465 69.45
12244 Elan Financial Service Donatelle's 4650 23.10
12244 Elan Financial Service GCI Systems-Equip.Repair 4160 40.00
12244 Elan Financial Service GCSAA-Golf Books 4900 534.95
12244 Elan Financial Service Marriott-Room & Tax 4900 1,369.40
12244 Elan Financial Service Meal 4130 29.00
12244 Elan Financial Service Meals 4130 308.90
12244 Elan Financial Service Mermaid 4130 10.00
12244 Elan Financial Service National Car Rental 4900 348.07
12244 Elan Financial Service New Brighton-Chamber of 4130 13.00
12244 Elan Financial Service Office Depot-Office Prod 4160 348.68
12244 Elan Financial Service Office Max-Office Produc 4160 60.43
12244 Elan Financial Service Oglebay 4901 405.00
12244 Elan Financial Service Taxi 4900 25.00
12244 Elan Financial Service U of M-Public Wks.Conf. 4462 140.00
12244 Elan Financial Service U of WI-Mun.Engrg.Fundam 4823 695.00
12244 Elan Financial Service Veranda Communications 4130 39.00
Total for Vndr Elan Financial S 5,831.46*
12301 Erickson's Newmarket Groceries for Holiday Di 4823 79.06
Total for Vndr Erickson's Newma 79.06*
12302 Evergreen Land Service Relocation Specialist 699.75
Total for Vndr Evergreen Land S 699.75*
12303 Executone Maintenance Agreement 4160 489.00
12303 Executone Reprogrammed Ext.4025 fo 4160 228.00
Total for Vndr Executone 717.00*
12304 Fedors Market Cookies & Juice 4352 11.08
12304 Fedors Market Cookies, Hot Chocolate 4352 18.35
Total for Vndr Fedors Market 29.43*
12305 Five D Limited Gasoline 4200 455.04
Total for Vndr Five D Limited 455.04*
12307 Fox Valley Systems, In Super Supreme Yel/S 4350 302.06
Total for Vndr Fox Valley Syste 302.06*
12308 Franklin Covey Co. STD Pagefinder 4350 25.09
Total for Vndr Franklin Covey C 25.09*
12309 Fricke & Sons 4650 -40.00
12309 Fricke & Sons 155 yds. Sod 4650 148.06
12309 Fricke & Sons 252 yds. Sod 4650 238.70
Total for Vndr Fricke & Sons 346.76*
Date: 12/10/1998 Time: 10:48:28 Operator: Marge Norquist
Page: 5
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12311 Fridley, City of 3048 Bronson Dr. N.E. 4823 30.00
12311 Fridley, City of 7325 Pleasant View Dr. N 4823 30.00
12311 Fridley, City of 7365 Pleasant View Dr. N 4823 30.00
12311 Fridley, City of 7375 Pleasant View Dr. N 4823 30.00
12311 Fridley, City of 7385 Pleasant View Dr. 4823 30.00
12311 Fridley, City of 7415 Pleasant View Dr.N. 4823 30.00
12311 Fridley, City of 7425 Pleasant View Dr. N 4823 30.00
12311 Fridley, City of 7447 Pleasant View Dr. N 4823 30.00
12311 Fridley, City of 7457 Pleasant View Dr. N 4823 30.00
12311 Fridley, City of 7545 Pleasant View Dr.N. 4823 88.31
12311 Fridley, City of 7555 Pleasant View Dr. N 4823 68.31
12311 Fridley, City of 7581 Pleasant View Dr. N 4823 47.81
12311 Fridley, City of 7611 Pleasant View Dr.N. 4823 61.81
Total for Vndr Fridley, City of 536.24*
12312 Friendly Chevrolet GEO Bushings, Pins 4465 85.88
12312 Friendly Chevrolet GEO Hinge Kits 4465 93.93
12312 Friendly Chevrolet GEO Spring 4465 3.45
Total for Vndr Friendly Chevrol 183.26*
12277 Gary Anderson Class Refund 24.00
Total for Vndr Gary Anderson 24.00*
12270 Gayle Ahlgren Class Refund 36.00
Total for Vndr Gayle Ahlgren 36.00*
12250 General Construction S Concrete Forms for Quons 4900 6,000.00
Total for Vndr General Construc 6,000.00*
12313 Government Finance Off Membership - Kessel 4150 145.00
Total for Vndr Government Finan 145.00*
12299 Gretchen Davis Class Refund 20.00
Total for Vndr Gretchen Davis 20.00*
12316 Hawkins Water Treatmen Chemicals 4825 1,845.22
Total for Vndr Hawkins Water Tr 1,845.22*
12255 Health Partners Dental Ins. for December 1,173.21
Total for Vndr Health Partners 1,173.21*
12318 Hillside Memorium Wreath 4460 22.50
Total for Vndr Hillside Memoriu 22.50*
12320 Hughes & Costello Legal Services 4200 3,500.00
12320 Hughes & Costello Prosecution Statement 4200 3,500.00
Total' for Vndr Hughes & Costell 7,000.00*
12321 Hydraulic Specialty Co Hose, Connector, Couplin 4472 40.73
Total for Vndr Hydraulic Specia 40.73*
Date: 12/10/1998 Time: 10:48:28 Operator: Marge Norquist
Page: 6
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12256 ICMA Retirement Trust ICMA for 12/03/98 3,773.08
Total for Vndr ICMA Retirement 3,773.08*
12322 Ikon Office Solutions Toner 4160 191.86
Total for Vndr Ikon Office Solu 191.86*
12323 Independent Delivery S Delivery Charge 4160 267.85
Total for Vndr Independent Deli 267.85*
12324 Insty Prints Oversize copies 4130 42.60
12324 Insty Prints Streets Committee Maps 4110 68.63
Total for Vndr Insty Prints 111.23*
12325 J D Excavating Permit Refund 700.00
Total for Vndr J D Excavating 700.00*
12276 Jane Anderberg Class Refund 20.00
Total for Vndr Jane Anderberg 20.00*
12317 Jeanne Hennessey Class Refund 6.00
Total for Vndr Jeanne Hennessey 6.00*
12414 Joe Witzman Purchase of 6991 Pleasan 4650 59,500.00
Total for Vndr Joe Witzman 59,500.00*
12326 K-Mart Glue Sticks 4351 8.99
Total for Vndr K-Mart 8.99*
12371 Karen Potter Class Refund 5.00
Total for Vndr Karen Potter 5.00*
12310 Kathy Frid Class Refund 20.00
Total for Vndr Kathy Frid 20.00*
12328 Kennedy & Graven 2091 Hillview Rd. 4180 276.00
12328 Kennedy & Graven Airport Litigation 4100 174.19
12328 Kennedy & Graven Bridges Park Phase II 4180 215.33
12328 Kennedy & Graven General Real Estate Matt 4160 209.07
12328 Kennedy & Graven Harstad vs M.V. 4180 11.50
12328 Kennedy & Graven O'Neil Property PUD 4180 379.50
12328 Kennedy & Graven Silver Lake Commons 4180 126.50
12328 Kennedy & Graven Silver View Estates 4180 2,344.54
12328 Kennedy & Graven Walgreen's Rezoning 4180 172.50
Total for Vndr Kennedy & Graven 3,909.13*
12396 Kim Staff Meter Refund-5045 Greenw 30.00
Total for Vndr Kim Staff 30.00*
12331 Lake Country Chapter o Membership-Jarson 4180 20.00
Total for Vndr Lake Country Cha 20.00*
Date: 12/10/1998 Time: 10:48:28 Operator: Marge Norquist
Page: 7
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12300 Larry Decheine Balance due for safety e 4823 165.00
Total for Vndr Larry Decheine 165.00*
12381 Larry Rothstein Class Refund 9.00
Total for Vndr Larry Rothstein 9.00*
12257 Law Enforcement Labor Union Dues for December 462.00
Total for Vndr Law Enforcement 462.00*
12336 League of Minnesota Ci Medical-Michna 4200 196.45
Total for Vndr League of Minnes 196.45*
12333 League of Minnesota Ci CMC 18498 4900 23,219.75
12333 League of Minnesota Ci OML 1070 4900 370.00
12332 League of Minnesota Ci Workers' Comp.-Meehan, D 4823 114.86
Total for Vndr League of Minnes 23,704.61*
12334 Lillie Suburban News Ad-Banquet Staff 4350 116.40
12334 Lillie Suburban News Ad-Requesting Bids 4160 5.69
Total for Vndr Lillie Suburban 122.09*
12337 M.A.M.A. Luncheon Meeting 4130 16.00
Total for Vndr M.A.M.A. 16.00*
12338 M.T.I. Distributing Co Low PSI Sprinkler 4350 276.26
Total for Vndr M.T.I. Distribut 276.26*
12340 MacQueen Equipment, In Air Cylinder 4823 47.57
12340 MacQueen Equipment, In Pin Kit 4823 12.04
12340 MacQueen Equipment, In Swivel Joints 4823 296.77
Total for Vndr MacQueen Equipme 356.38*
12341 Mary Clough Class Refund 13.00
Total for Vndr Mary Clough 13.00*
12408 Mary Jo Verschay Class Refund 72.00
Total for Vndr Mary Jo Verschay 72.00*
12342 Masys Corporation Enfors Maintenance 4200 623.69
Total for Vndr Masys Corporatio 623.69*
12343 Menards Basin Kit, Catch Basin P 4650 31.94
Total for Vndr Menards 31.94*
12344 Metro Cash Register Sy Equipment Repair 4901 113.00
Total for Vndr Metro Cash Regis 113.00*
12345 Metro Council Environm Oct.Service Avail.Charge 15,493.50
Total for Vndr Metro Council En 15,493.50*
Date: 12/10/1998 Time: 10:48:28 Operator: Marge Norquist
Page: 8
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12346 Metro East Development Membership-Jopke 4650 500.00
Total for Vndr Metro East Devel 500.00*
12347 Metro Legal Services, Del. to B. Long 4100 12.00
Total for Vndr Metro Legal Sery 12.00*
12339 Michelle Mackey Class Refund 13.00
Total for Vndr Michelle Mackey 13.00*
12348 Midwest Asphalt Corpor Sand, Misc. Agg. 4823 42.78
Total for Vndr Midwest Asphalt 42.78*
12349 Midwest Coca/Cola 4901 -276.92
12349 Midwest Coca/Cola Beverages 4901 343.41
Total for Vndr Midwest Coca/Col 66.49*
12350 Midwest Specialty Sale Blades, Sw. Comb. 4360 70.61
Total for Vndr Midwest Specialt 70.61*
12351 Minnegasco Natural Gas 4901 47.85
Total for Vndr Minnegasco 47.85*
12352 Minnesota Chiefs of Po Membership Dues-Ramacher 4200 225.00
Total for Vndr Minnesota Chiefs 225.00*
12258 Minnesota Child Suppor Child Support for 12/03/ 690.90
Total for Vndr Minnesota Child 690.90*
12353 Minnesota Department o Supply Service Connectio 4,043.97
Total for Vndr Minnesota Depart 4,043.97*
12354 Minnesota GFOA Membership - GFOA-Kessel 4150 30.00
12354 Minnesota GFOA Membership - GFOA-Tatare 4150 30.00
Total for Vndr Minnesota GFOA 60.00*
12259 Minnesota Mutual MN Mutual for 12/03/98 307.69
Total for Vndr Minnesota Mutual 307.69*
12355 Minnesota Petroleum Se Oil A Way 4465 328.93
Total for Vndr Minnesota Petrol 328.93*
12356 Minnesota Safety Counc Membership Dues-Ulrich 4825 185.00
Total for Vndr Minnesota Safety 185.00*
12260 MINNESOTA STATE RETIRE MN Retirement for 12/03/ 100.00
Total for Vndr MINNESOTA STATE 100.00*
12359 Mounds View, City of Hood Repay Back Pera 102.69
12359 Mounds View, City of Meter Refund-5315 Raymon 30.00
Total for Vndr Mounds View, Cit 132.69*
Date: 12/10/1998 Time: 10:48:28 Operator: Marge Norquist
Page: 9
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12262 NCPERS Life Insurance PERA Life Ins. for Decem 69.00
Total for Vndr NCPERS Life Insu 69.00*
12360 Neenah Foundry Company Frame 4650 268.38
Total for Vndr Neenah Foundry C 268.38*
12361 North Metro Crossing C Membership-Whiting 4100 650.00
Total for Vndr North Metro Cros 650.00*
12362 Northern Sanitary Supp Bowl Cleaner 4160 28.76
12362 Northern Sanitary Supp Plunger, Force Cup 4160 18.21
Total for Vndr Northern Sanitar 46.97*
12365 Northern States Power 1755 Co. Rd. I W. 4200 6.44
12365 Northern States Power 2234 Hwy. 10 4475 133.90
12365 Northern States Power 2271 Co. Rd. J W.-Warnin 4200 6.44
12365 Northern States Power 2335 Knoll Dr.-Greenfiel 4360 72.60
12365 Northern States Power 2399 Hwy. 10-Signal 4475 139.79
12365 Northern States Power 2401 Hwy.10-City Hall/Po 4160 1,000.97
12365 Northern States Power 2401 Hwy.10-Police/City 4160 628.04
12365 Northern States Power 2401 Hwy.20-Parks & Rec. 4360 24.60
12365 Northern States Power 2408 Hillview Rd.-Well # 4825 29.94
12365 Northern States Power 2408 Hillview-Well #4 4823 41.31
12365 Northern States Power 2426 Bronson ABS 4823 459.43
12365 Northern States Power 2426 Bronson Dr. 4825 139.17
12365 Northern States Power 2450 Bronson-Booster Sta 4823 867.45
12365 Northern States Power 2466 Bronson-Maint.Garag 4460 554.15
12365 Northern States Power 2524 Bronson-Well #2 4825 76.69
12365 Northern States Power 2710 Co. Rd. I 4360 24.16
12365 Northern States Power 2752 Woodcrest-Park Shel 4360 42.15
12365 Northern States Power 2764 Ardan Ave. 4360 7.72
12365 Northern States Power 2800 Hwy. 10-Silver Lake 4475 14.96
12365 Northern States Power 2815 Ardan Ave. 4360 72.09
12365 Northern States Power 2815 Ardan Ave.-Warming 4360 34.37
12365 Northern States Power 2815 Ardan-Civil Def. Si 4200 6.44
12365 Northern States Power 5100 Long Lake Rd. 4823 921.06
12365 Northern States Power 5100 Long Lake Rd.-Well 4825 55.60
12365 Northern States Power 5214 Long Lake Rd. 4360 25.36
12365 Northern States Power 5324 Jackson Dr. 4360 25.21
12365 Northern States Power 5324 Jackson Dr.-Lambert 4360 83.98
12365 Northern States Power 5394 Edgewood 4650 229.12
12365 Northern States Power 5394 Edgewood-Comm.Ctr. 4650 1,883.54
12365 Northern States Power 5396 Raymond Ave.-Lift S 4823 46.60
12365 Northern States Power 5466 Adams St. 4416 14.42
12365 Northern States Power 5510 Quincy-Signal 4475 106.54
12365 Northern States Power 7545 Groveland Rd. 4823 802.16
12365 Northern States Power 7840 Pleasant View Dr. 4350 14.07
12365 Northern States Power 7901 Greenwood Dr. 4360 49.27
12365 Northern States Power 8228 Spring Lake Rd.-St. 4416 12.76
12365 Northern States Power 8251 Groveland Rd.-Lift 4823 43.75
Date: 12/10/1998 Time: 10:48:28 Operator: Marge Norquist
Page: 10
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
Total for Vndr Northern States 8,696.25*
12366 Orkin Exterminating Co Exterminating 4160 164.02
Total for Vndr Orkin Exterminat 164.02*
12385 Patricia Sandberg Class Refund 9.00
Total for Vndr Patricia Sandber 9.00*
12367 Phillips 66 Company Gasoline 4826 738.24
Total for Vndr Phillips 66 Comp 738.24*
12368 Pitney Bowes, Inc. Postage Supplies 4160 87.13
Total for Vndr Pitney Bowes, In 87.13*
12369 Plaisted Companies, In Topdressing 4900 271.36
Total for Vndr Plaisted Compani 271.36*
12370 Pomp's Tire Service, I Rim Change 4900 12.50
Total for Vndr Pomp's Tire Sery 12.50*
12372 Print Central Development Maps 4180 41.54
Total for Vndr Print Central 41.54*
12373 Printmaster Printing Printing-Request for Lea 4200 95.74
Total for Vndr Printmaster Prin 95.74*
12374 Public Employees Retir Omitted Deduction-James 4901 459.41
12263 Public Employees Retir PERA for 12/03/98 15,516.44
Total for Vndr Public Employees 15,975.85*
12376 Ramsey County Prepayment Receipt Books 4160 14.00
Total for Vndr Ramsey County 14.00*
12377 Recreation, Sports and Swing Seats 4360 207.68
Total for Vndr Recreation, Spor 207.68*
12378 Reliable Ink for Color Printer 4180 119.54
Total for Vndr Reliable 119.54*
12379 Remap Corporation December Access Charges 4180 49.95
Total for Vndr Remap Corporatio 49.95*
12253 Robinson Coach, Inc. Bus for Casino Trip 4160 250.00
Total for Vndr Robinson Coach, 250.00*
12380 Rosedale Chevrolet Frt.Kits 4465 62.62
12380 Rosedale Chevrolet Hinge Kit 4465 31.31
12380 Rosedale Chevrolet Kit 4465 31.31
Total for Vndr Rosedale Chevrol 125.24*
Date: 12/10/1998 Time: 10:48:28 Operator: Marge Norquist
Page: 11
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12382 Royal Tire - Kampa Tir Tires 4462 280.10
Total for Vndr Royal Tire - Kam 280.10*
12383 S & R Property Managem Apartment License Refund 30.00
Total for Vndr S & R Property M 30.00*
12386 Savin Corporation Copier Repair 4200 240.14
12386 Savin Corporation Staples 4160 29.74
Total for Vndr Savin Corporatio 269.88*
12387 Scantron Service Group Qtrly.Billing-Maint.Agre 4820 169.04
Total for Vndr Scantron Service 169.04*
12388 Serco Labs Bacteria Testing 4825 77.00
12388 Serco Labs Laboratory Testing 4825 28.00
Total for Vndr Serco Labs 105.00*
12335 Sharie Linke Reimbursement-Banquet Ct 4350 51.59
Total for Vndr Sharie Linke 51.59*
12389 Short-Elliott & Hendri Misc. Services 4415 1,203.59
12389 Short-Elliott & Hendri Traffic Study-Highway 10 4650 20,657.18
12389 Short-Elliott & Hendri Utility Conversions to A 4823 735.00
Total for Vndr Short-Elliott & 22,595.77*
12390 Shred-It Shredding 4200 49.95
Total for Vndr Shred-It 49.95*
12391 Snyders Film 4180 7.43
12391 Snyders Film Processing 4180 3.18
Total for Vndr Snyders 10.61*
12392 Spalding Golf Merchandise 4901 111.52
Total for Vndr Spalding 111.52*
12393 Spring Lake Park Fire Fire Inspection Services 4650 1,244.59
Total for Vndr Spring Lake Park 1,244.59*
12394 St. Paul Pioneer Press Newspaper Subscription 4901 48.10
Total for Vndr St. Paul Pioneer 48.10*
12397 Streichers Professiona Public Safety Equipment 4200 443.90
Total for Vndr Streichers Profe 443.90*
12398 Sysco Food Services of Candy, Chips 4901 66.37
12398 Sysco Food Services of Candy, Towels 4901 69.56
Total for Vndr Sysco Food Servi 135.93*
12399 Tape Distributors of M VHS Sleeves 4350 136.62
Total for Vndr Tape Distributor 136.62*
Date: 12/10/1998 Time: 10:48:28 Operator: Marge Norquist
Page: 12
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12400 Tee's Plus Mouse Pad, Trifold Cards 4200 32.89
Total for Vndr Tee's Plus 32.89*
12273 The American Stores Flex Clamp, Alum.Elbow 4465 47.35
Total for Vndr The American Sto 47.35*
12241 Timothy Brennan Reimbursement-DARE Pizza 4200 371.48
Total for Vndr Timothy Brennan 371.48*
12375 Timothy Ramacher Reimbursement-Party Expe 4160 130.28
Total for Vndr Timothy Ramacher 130.28*
12384 Tracy Sanchez Mileage Reimbursement 4160 55.50
Total for Vndr Tracy Sanchez 55.50*
12401 Treadway Graphics Jackets 4200 152.64
Total for Vndr Treadway Graphic 152.64*
12402 Twin City Bridal Assn. 1/2 Down-Booth at Weddin 4350 310.00
12402 Twin City Bridal Assn. Membership 4350 240.00
Total for Vndr Twin City Bridal 550.00*
12264 Twin City Federal Mort TCF for December 488.00
Total for Vndr Twin City Federa 488.00*
12403 U. S. Filter/Waterpro Water Meters 4823 814.35
Total for Vndr U. S. Filter/Wat 814.35*
12405 U. S. West 484-9155 4160 72.32
12405 U. S. West 717-7343 4360 42.42
12405 U. S. West 783-1307 4360 39.49
12405 U. S. West 783-1326 4360 39.49
12405 U. S. West 784-4349 4160 33.16
12405 U. S. West 784-9871 4160 59.10
12405 U. S. West 785-0950 4360 56.02
12405 U. S. West 785-9063 4901 338.76
12405 U. S. West E07-5356 4160 117.13
12405 U. S. West E07-7384 4200 82.31
Total for Vndr U. S. West 880.20*
12404 U. S. West Dex Directory Listing 4350 162.60
Total for Vndr U. S. West Dex 162.60*
12406 Uniforms Unlimited Uniform Allowance-J.John 4200 530.00
Total for Vndr Uniforms Unlimit 530.00*
12407 Unitog Rental Services Uniform Rental 4826 168.48
Total for Vndr Unitog Rental Se 168.48*
12357 University of Minnesot Institute Registration 4180 180.00
Date: 12/10/1998 Time: 10:48:28 Operator: Marge Norquist
Page: 13
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
Total for Vndr University of Mi 180.00*
12265 Unum Life Insurance Unum Life for December 4200 982.59
Total for Vndr Unum Life Insura 982.59*
12282 Vickie Bartkus Class Refund 20.00
Total for Vndr Vickie Bartkus 20.00*
12409 Viking Safety Products Gauze Pads, Trauma Dress 4200 134.19
Total for Vndr Viking Safety Pr 134.19*
12314 W. W. Grainger Air Filters 4901 20.90
12314 W. W. Grainger Band Aids, Padlocks 4901 145.84
Total for Vndr W. W. Grainger 166.74*
12410 Wager's, Inc Maintenance Contract 4823 27.00
Total for Vndr Wager's, Inc 27.00*
12358 Wally Mortenson Safety Glasses 4826 150.00
Total for Vndr Wally Mortenson 150.00*
12254 Western Bank Cash for Christmas Party 4160 800.00
12266 Western Bank Savings for 12/03/98 120.00
Total for Vndr Western Bank 920.00*
12315 William Hanggi Safety Glasses 4823 150.00
Total for Vndr William Hanggi 150.00*
12413 Wilson Sporting Goods 4901 -466.00
12413 Wilson Sporting Goods Golf Merchandise 4901 676.92
Total for Vndr Wilson Sporting 210.92*
12415 Zep Manufacturing Co. Scrub Pads, Zep Spree 4360 172.85
12415 Zep Manufacturing Co. Zep All Around 4460 16.68
Total for Vndr Zep Manufacturin 189.53*
Grand Total 534,192.05*
74.
ORDINANCE NO. 623
CITY OF MOUNDS VIEW
County of Ramsey
State of Minnesota
An Ordinance 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
The City Council of the City of Mounds View does hereby ordain:
SECTION I.
The Mounds View City Council has determined that it is in the best interest of the City to
insure sufficient funding to cover operations and debt service in the Water and Waste
Water Funds.
SECTION II.
The Finance Director shall quarterly prepare a bill based on the rates established for each
property class by Council and in accordance with existing Mounds View policy.
Water rates shall be set at$1.45/1000 gallons water sold. A quarterly meter surcharge
rate shall be set based on meter size as follows:
Residential Meters
5/8" to 1" $ 3.00
Commercial Meters
1 inch $ 3.60
1 '/Z inch $ 6.00
2 inch $ 7.40
3 inch $19.00
4 inch $31.50
Non-compliance to participate, including
manual billing $25.00 / quarter
Customer's option for radio read and $15 /quarter plus
onetime capital outlay charge $27.00 one time capital charge
Waste Water rates shall be set at$47.00 per REC (Residential Equivalent Connection)
per quarter.
SECTION III.
This ordinance shall take effect thirty days after the date of its publication, and be
retroactive to any billing on or after January 1, 1999.
Ordinance
Page 2
Introduced and read by the City Council of the City of Mounds View on November 9, 1998.
Read and passed by the City Council of the City of Mounds View this 14th day of December,
1998.
ATTEST:
MAYOR
(SEAL)
CITY ADMINISTRATOR
APPROVED AS TO FORM:
CITY ATTORNEY
7 6
ORDINANCE NO. 624
CITY OF MOUNDS VIEW
County of Ramsey
State of Minnesota
An Ordinance adopting the 1998 Long Term Financial Plan
The City Council of the City of Mounds View does hereby ordain:
SECTION I.
The 1998 Long Term Financial Plan was presented on July 20, 1998 and was available
for public inspection in the Office of the City Administrator.
SECTION II.
The 1998 Long Term Financial Plan is hereby adopted.
SECTION III.
This ordinance shall take effect thirty days after the date of its publication.
Introduced and read by the City Council of the City of Mounds View on November 9, 1998.
Read and passed by the City Council of the City of Mounds View this 14th day of December,
1998.
ATTEST:
MAYOR
(SEAL)
CITY ADMINISTRATOR
APPROVED AS TO FORM:
CITY ATTORNEY
7C-
ORDINANCE NO. 622
City of Mounds View
County of Ramsey
State of Minnesota
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
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1: PURPOSE
Subdivision 1.
The Mounds View City Council has determined that it is in the best interest of the City to
impose a franchise fee on those public utility companies that provide natural gas and
electric services within the City of Mounds View.
Subdivision 2.
Pursuant to City Ordinance No. 517 and Ordinance No. 518, which are the Franchise
Agreements ("Franchise Agreements") between the City of Mounds View (the City) and
Northern States Power Company (the Company), a franchise fee of not more than four(4)
percent of the Company's gross operating revenues may be imposed by the City at any
time during the 20 year term of the Franchise. The franchise fee is paid as full
compensation for the rights to transmit and furnish electric energy for light, heat, power
and import, transport, sell and distribute natural gas for heating, illuminating and other
purposes as outlined in Section 2 of Ordinance Nos. 517 and 518.
Subdivision 3.
Pursuant to Ordinance No. 605 effective December 13, 1997, the City imposed a
franchise fee under the electric and natural gas Franchise Agreements in the amount of
two and one-half(2.5)percent of Northern States Power Company's gross revenues, as
defined in Section 4.2 of the Franchise Agreements, subject to a sunset on December 31,
1998.
SECTION II. STATEMENT
Subdivision 1.
A franchise fee is hereby imposed in the amount of two and one-half(2.5) percent of
gross revenues which franchise fee was being collected under Ordinance No. 605, and
said franchise fee shall continue to be collected hereunder as though the sunset provision
in Ordinance No. 605 were suspended until the effective date of collection of the
franchise fee being imposed by Subdivision 2 below.
Subdivision 2.
A franchise fee is hereby imposed on Northern States Power Company, under its electric
and natural gas Franchise Agreements in the amount of three (3) percent of the
Company's gross revenues, as defined in Section 4.2 of the Franchise Agreements.
commencing with the Company's March, 1999, billing month. On said commencement
date, collection of the franchise fee being collected under Subdivision 1 terminates.
Ordinance 622
Page 2
SECTION III. PAYMENT
Said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4
of the Franchise Agreements.
SECTION IV. SURCHARGE
The City recognizes that the Minnesota Public Utilities Commission requires each said utility
company to add to its effective rates for the utility services on which the public utility gross
earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee.
SECTION V. PROOF OF COMPANY GROSS REVENUES
Each said utility company shall make each payment when due and shall quarterly furnish a
complete and correct statement of gross revenues for said quarter. Such utility company shall
permit the City and its designated representative free access to the company's records for the
purpose of verifying such statements.
SECTION VI. ENFORCEMENT
Any dispute, including enforcement of a default regarding this ordinance will be resolved in
accordance with Section 2.5 of the Franchise Agreements.
SECTION VII. EFFECTIVE DATE OF FRANCHISE FEE
Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions
in Section 4 of the present Electric Energy Franchise Agreement and Gas Energy Franchise
Agreement, Ordinance Nos. 517 and 518, respectively, the effective date of the fee being
collected under Subdivision 1 of Section II of this ordinance is the later of ten (10) days after its
publication and after the sending of written notice enclosing a copy of this adopted ordinance
upon Northern States Power Company by certified mail. The requirements of Section 4.1 of both
Ordinance Nos. 517 and 518 shall control franchise fee collections between the City and
Northern States Power Company in all other respects.
SECTION VIII. SUNSET CLAUSE
This ordinance shall automatically sunset on December 31, 2000.
Ordinance Introduction: October 13, 1998 Approved as to form:
Ordinance Adoption: December 14, 1998
Date of Publication: December 16, 1998
Effective Date: January 16, 1999 City Attorney
ATTEST:
Mayor
(SEAL)
Clerk-Administrator
17 D.
RESOLUTION NO. 5283
ADOPTING THE 1999 PROPERTY TAX LEVY AND GENERAL FUND BUDGET
CITY OF MOUNDS VIEW
County of Ramsey
State of Minnesota
Councilor introduced the following resolution and moved its adoption:
WHEREAS,the City Council conducted numerous meetings,made available detailed copies of said
budget and published summary information on the proposed 1999 Budget in the City newsletter;
and
WHEREAS,the City Council held a public hearing in accordance with the State of Minnesota Truth
In Taxation requirements on the proposed 1999 Budget on November 30, 1998; and
WHEREAS,when the Fire Improvement Bonds of 1991 were issued,the City's 1999 debt service
payment was scheduled to be$102,771,however,due to changes in the allocation of costs between
participating cities, Mounds View's actual 1999 debt service cost on said bonds will be $80,151.
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Mounds View that
the following appropriations for the calendar year 1999 are hereby approved:
GENERAL FUND: Amount
City Council $ 115,743
Advisory Commissions 6,450
City Administrator 123,136
Elections 7,514
Central Services 390,624
Finance 152,857
Community Development 304,065
Police 1,429,174
Fire 177,950
Streets 330,081
Fleet management 120,607
Recreation 98,874
Parks &Athletic Fields 243,569
Forestry 54,672
Social services 15,500
Contingency 46,000
Transfer To Other Funds 35,000
Community Center 50,000
Fitness Program 4,200
Fire Bonds of 1991 Debt Service 80,151
Total General Fund $3,786,167
Resolution 5283, Page 2
BE IT FURTHER RESOLVED,that following property tax levy for 1999 is hereby approved:
General levy $1,680,211
Fire Improvement Bond levy 80,151
Total 1998 property tax levy $1,760,362
and the City Clerk-Administrator is hereby directed to notify Ramsey County and the State of
Minnesota of said 1999 property tax levy.
BE IT FURTHER RESOLVED,that Attachment A,the 1999 budget and long term financial plan
detail are hereby incorporated with and included as part of this resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Councilor and the roll
being call,the following vote was recorded:
Voting Aye: Councilors.
Voting Nay:
Not Voting:
Whereas said resolution was declared to have been duly passed and adopted this 14th day of
December, 1998.
ATTEST:
Mayor
(SEAL)
City Administrator
General Fund
Surplus (Deficit)
Item Cummulative
Surplus (Deficit), as previously presented (14,086) (14,086)
Corrections:
1 Transfer from Vehicle & Equip Fund for pickup 6,000 (8,086)
2 Fire Dispatching -Anoka County charge (2,800) (10,886)
3 Contractual cost for City Council minutes (2,600) (13,486)
4 Franchise fee adjustment (5,000) (18,486)
Options:
1 Salary adjustments in excess of 3% (7,500) (25,986)
2 Contract for building inspection -April 1st 10,000 (15,986)
3 Reduce fuel prices - 5 departments 2,750 (13,236)
4 Reduce # of Rotary memberships from 3 to 2 700 (12,536)
5 Increase franchise fee to 3% from 2.5% effective
March 1st 31,000 18,464
6 Hire one CSO April 1st in lieu of Comm Dev intern:
CSO cost (27,000)
Intern savings 15,227
Net cost (11,773) 6,691
7 Electronic message board:
Estimated cost (40,000)
Coca Cola funds in reserve 10,000
Special Projects 10,000
TIF funding at 50% 20,000
Balance - General Fund 0 6,691
8 Receptionist Part time position:
Additional part-time help (to $25,000) (10,000)
Funding from Utilities 5,000
General Fund cost (5,000) 1,691
9 Adjust contingency fee from $46,000
10 CSO - add only 1/2 FTE vs 1 FTE 13,500
11 Receptionist -to go to full time, cost would be
additional $10,000; if cost is split with utilities
additional general fund share (5,000)
12 Maintenance -to add full time maintenance person:
City Hall share of cost (11,000)
Community Center share which will require
transfer from general fund (13,000)
'72
RESOLUTION NO.5284
ADOPTING THE 1999 BUDGETS FOR FUNDS OTHER THAN THE GENERAL FUND
CITY OF MOUNDS VIEW
County of Ramsey
State of Minnesota
Councilor introduced the following resolution and moved its adoption:
WHEREAS,the City prepared and made available detailed budgets and published summary information on
the 1999 Budgets for funds other than the general fund in the City newsletter; and
WHEREAS,the City Council has considered said budgets.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the
following appropriations for the calendar year 1999 are hereby approved:
FUND: Amount
Water $1,262,776
Wastewater 1,376,340
Golf 923,003
Cable TV 72,845
DARE 2,100
Forfeiture 3,000
Economic Development 923,710
Recreation Activity 192,583
Recycling grant 25,670
Special Project 100,500
Street Lighting 65,700
Surface Water 80,425
Vehicle&equipment 54,000
BE IT FURTHER RESOLVED,that Attachment A,the 1999 budget and long term financial plan detail, is
hereby incorporated with and included as part of this resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Councilor and the roll being
call,the following vote was recorded:
Voting Aye: Councilors.
Voting Nay: .
Not Voting: .
Whereas said resolution was declared to have been duly passed and adopted this 14th day of December, 1998.
ATTEST:
Mayor
(SEAL)
City Administrator
7F
RESOLUTION NO. 5285
APPROVING 1998 TRANSFERS AND BUDGET REVISIONS
CITY OF MOUNDS VIEW
County of Ramsey
State of Minnesota
WHEREAS,the City adopted budgets for various funds for 1998 which included interfund transfers
for various purposes; and
WHEREAS, the City has approved various activities with funding coming from previously
established reserves or undesignated reserves.
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Mounds View that
the following budgeted transfers for the calendar year 1998 are hereby approved:
From To Amount
Water Fund General Fund $ 64,500
Sewer Fund General Fund 38,690
Vehicle&Equip General Fund 35,000
Special Projects General Fund 90,000
General Fund Vehicle&Equipment 25,000
Water Fund Vehicle& Equipment 30,000
Sewer Fund Vehicle&Equipment 30,000
General Fund Community Center 50,000
BE IT FURTHER RESOLVED that the following 1998 budget modifications are hereby
approved:
General Fund
1. City Council - professional services - Increase by $42,000 for airport litigation; funding
from General Fund contingency.
2. Central Services-capital,buildings-Increase by$270,190 for City Hall renovation; funding
sources $31,990 in reserves for capital improvements and $238,200 from undesignated
General Fund reserves.
3. Central Services - capital, equipment - Increase $43,000 for City Hall telephone system
update; funding sources $43,000 from undesignated General Fund reserves.
4. Park & Recreation - personnel - Increase $74,700 for severance pay; funding sources
$23,350 from General Fund reserves for compensated absences and $51,350 from
undesignated General Fund reserves.
Resolution 5285,page 2
Cable TV-capital, equipment-Increase$50,000 for cable tv equipment; funding sources $50,000
from undesignated Cable TV reserves.
City's Street Construction/State Aid Fund-Transfer$450,000 from General Fund undesignated
reserves to pay for City's share of 1980's project in which MSA share was incorrectly calculated and
to cover design costs for Spring Lake Road project.
Whereas said resolution was declared to have been duly passed and adopted this 14th day of
December, 1998.
ATTEST:
Mayor
(SEAL)
City Clerk-Administrator
Item No. 7G
Meeting Date: 12-14-98
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: Tracy Sanchez
Item Title/Subject: Consideration of Resolution No. 5290 Approving a
Telecommunications Bid Award for City Hall, Community Center and Y2K
Upgrade
Date of Report: December 11, 1998
As discussed at the December 7, 1998 work session,staff has assessed the city's current telecommunications systems
needs,additions for community center telephone service and Y2K compliancy.
Below,additional information is listed and attached updating ESI's spec sheet and maintenance agreement.Also
attached is information as to the costs of having US West Small Business Systems at the Community Center.Example:
7 business lines at the community center would cost$382.55 per month w/7 voicemail boxes at$120 per month=
$502.55 Times 60 months would costs$30, 153.
At this cost the city could invest the money into a telephone system that both facilities could utilize with many other
functions and capabilities.
Another option would be to only look at the upgrade for Y2K compliance and five additional phones(staff is assessing
possibly seven phones)for the community center.The cost is$15,329.40.
Company Type of System Total Compliance on Total Cost Monthly
Name Bid Form Maintenance
Agreement Cost
Communications Toschiba DK 424 8-No's $47,625.00 $161.00
World
McLeod USA ESI • 0-No's $50,250.00 $175.00
Increased to
$55,700.00
Executone Executone 4-No's $53,833.00 $369.40
Action Systems Comdial 0-No's $42,600.00 $286.00
*Add an additional$1,450.00 to ESI's total cost for a park and page feature.
*Add an additional$4,000.00 to ESI's total cost for Sub-dued Off-Hook Voice Announce feature.
*ESI and Toschiba maintenance agreement is for hardware only.Additional charges would beincurred at$35 per
trip charge and$48 per half-hour of labor.The city would be able to choose from varied maintenance agreements
from all vendors.
Staff Recommendation: Approve Resolution No. 5290 awarding a Telecommunications Bid.
RESOLUTION NO. 5290
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION AWARDING A TELECOMMUNICATIONS BID FOR CITY HALL,
COMMUNITY CENTER AND Y2K UPGRADE
WHEREAS, the staff has charted, assessed and determined a need for a new
telecommunications system for city hall, community center and Y2K Upgrade; and
WHEREAS, Action Systems has submitted a proposal that meets the criteria in
the RFP for a telephone system; and
WHEREAS, City Council determines that Action Systems, Comdial Telephone
System is the most cost effective alternative to the city's current telephone system; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds
View approves Action Systems to install, program and provide training on the
Comdial telephone system, for the cost of$ 42,592.15.
Adopted this 14th day of December, 1998
ATTEST:
Mayor, Duane McCarty
(SEAL)
City-Clerk Administrator, Charles S. Whiting
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City of Moundsview
Equipment List
November 25, 1998
*NEW UPGRADE PRICING
(Upgrade Current 108 Port System to 228 Port System and Upgrading Current 4 Port
Voice Mail to 8 Ports)
Listed below is the equipment necessary to fully install this system.
11�J
Quantity Description 'Oj � �\
1 IDS ACPU Upgrade to Eclipse New CPU $1,976.00
(Year 2000 Compliance) ppi
1 VX2 Upgrade to Year 2000 Compliance $695.00
1 VX2 4 Port Upgrade w/ D41 D Board & Software . $2,982.00
1 Battery Backup for Voice Mail (2 hours) $569.00 T
1 IDS 228 Cabinet $3,662.40 %/
2 Power Supply Included •
1 IDS 324 Port Upgrade 2 309.60 °`
1 Digital Station Card.
$560.00
2 \ IDS Model 64 Phones ($295.00 each) $590.00
IDS Model 18 Phones ($216.80 each) $650.40
$13,994.40
Upgrade Labor $1,040.00
New Phone Labor $295.00
Total $15,329.40
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City of Mounds View Staff Report
To: Honorable Mayor and members of the City Council
From: Bruce A. Kessel, Finance Director
Item Title/Subject: Miscellaneous vending at Community Center
Date of Report: December 11, 1998
I have contacted numerous vending companies regarding providing vending for candy, chips,
coffee and other miscellaneous vending at the Community Center. In general, a lot of the
companies are not interest due to the small volume and/or the fact that we have contracted
directly with Coca Cola for soft drink vending.
One vending company, M&M vending appears to provide quality machines and service with
reasonable prices for the users and reasonable commissions for the City. We are still in the
process of contacting other venders to insure that we can obtain the best deal for both the City
and the users. We are contemplating a one to three year contract that allows the City to be able
to terminate the contract if there are problems by giving a relatively short notice such as 60 days.
The first events are tenatively planned for December 30th. It will take approximately two weeks
after signing a contract for the vendors to order and deliver the vending machines. Do to the
relatively small commissions to be recieved and the ability to cancel a contract on relatively short
notice, staff is requesting authorization to select a vendor under the terms noted above and for the
mayor and clerk administrator to execute a contract for and on behalf of the City.
'7I
r,,
CATERING AND FOOD SERVICE AGREEMENT di°14
This Agreement ("Agreement"), dated , 1998 is made between the
CITY OF MOUNDS VIEW, a municipal corporation under the laws of Minnesota("City") and
Elegant Thymes Catering, a division of Royal Fare Food Emporium, L.L.C. (hereinafter"ETC") to
provide catering and food services at the Mounds View Community Center Banquet Facility
(Facility).
RECITALS
1. The City is the owner of the Mounds View Community Center located at 5394 Edgewood
Drive in the City of Mounds View.
2. ETC represents that they are a Minnesota corporation in good standing with the State of
Minnesota and its agents, representatives, and employees have the necessary education, training,
experience, certification, and licensing for purposes of providing catering services at the Facility.
3. The City desires to have and ETC agrees to provide the following services:
a. Provide a selection of menus and associated prices for events to be held at the Mounds
View Community Center that require food;
b. Meet with Facility staff and/or prospective clients to set menus and fees for the clients'
particular event;
c. Provide adequate staffing to meet the demand of the particular event at each and every
food function;
d. Meet all health regulations,city ordinances,state law, federal law and any other
regulations, rules or requirements concerning food service; and
NOW THEREFORE, in consideration of the mutual covenants and promises contained in this
agreement, the City and Images agree as follows:
ARTICLE I: TERMS AND CONDITIONS OF AGREEMENT
The initial term of this agreement will be two (2) years. commencing on January 1, 1999 and
continuing through December 31, 2000. This agreement shall automatically renew annually
thereafter under the same terms and conditions unless either party gives written notice of
termination to the other party on or before September 30, 2000 or on or before September 30th in
any subsequent year of any additional term of the Agreement; such termination may be made by
either party without penalty or cause.
ETC shall have the exclusive right to provide catering and food services at the Facility, except as
follows:
1. If users are not using the food or catering services of ETC, such users can provide their
own beverages and deserts, however, they will not be allowed to use any of the
equipment or supplies of ETC without the written consent of ETC. Any such user will be
responsible for set up and clean up for their event.
2. Weekday daytime users of the lounge (seniors) can prepare or have prepared by other
sources, any food product, however, they will not be allowed to use any of the equipment
or supplies of ETC without the written consent of ETC. Any such user will be responsible
for set up and clean up for such event.
3. City sponsored recreation events in the lounge, lobby, meeting room or gymnasium can
prepare or have prepared by other sources, any food product, however, they will not be
allowed to use any of the equipment or supplies of ETC without the written consent of
ETC. Any such user will be responsible for set up and clean up for their event.
4. The City is allowed to have vending sales from a source other than ETC in the lobby area
of the Center.
ARTICLE II: COMPENSATION
ETC shall prepare an invoice for services to be provided for each event as soon as said event has been
scheduled, and remit said invoice to the City. The City shall record the invoice in its records and collect
the required deposit.The City shall also send an invoice and related statements for unpaid balances and
inform ETC of any renter who has an unpaid balance prior to an event. ETC will not provide services for
any event unless all amounts owed for such event are paid prior to said event. After the event, ETC will
inform the City within two business days of any additional charges that are warranted from said event, at
which time any such amounts will be invoiced and collected by the City.
The City shall receive all payments for services from clients.Advances/deposits will not be considered
revenue until such time as the related event has occurred. Any charges for damages will not be
considered revenue for purposes of calculating payments to ETC. Discounts and credit card processing
fees as well as sales tax charges will be considered deductions from revenues for purposes of calculating
payments.
Within three weeks of an event, the City will remit to ETC ninety-two and one-half(92.5) percent of the
amount invoiced for services provided by ETC, less the deductions noted above, provided, however. that
for any additional charges that are warranted and invoiced after the event, ETC's percentage of such
amounts will not be paid until collected by the City. In addition, if any renter includes an additional
amount above the amount invoiced as a tip or gratuity, such amount shall be remitted in its entirety
(less any credit card processing fees) to ETC. The remaining seven and one-half(7.5) percent of
the amount invoiced for services provided by ETC less the deductions noted above, shall be
retained by the City as its commission and processing fee.
ARTICLE III: DUTIES AND RESPONSIBILITIES
The City and ETC recognize and acknowledge that the Mounds View Community Center has
multiple tenants who share the use of some areas of the Center and agree to cooperate in
effectively operating and maintaining such areas for the good of all the users of the Mounds
View Community Center.
A. ETC's Duties and Responsibilities. ETC shall devote its best efforts to providing
catering and food services and marketing such services at the Facility. ETC shall provide quality
service to customers. All services provided by ETC, ETC's officers, agents, and employees
pursuant to this Agreement shall be provided by such companies and persons as an independent
contractor and not as an employee of the City for any purpose, including but not limited to
income tax withholding, workers' compensation, social security and Medicare taxes, liability for
torts, and eligibility for employee benefits. In addition, ETC agrees to do the following:
1. Defend, indemnify and hold harmless the City, its elected officials, officers, employees,
agents and representatives, from and against any and all claims, costs, losses, expenses,
demands, actions or causes of action, including reasonable attorneys fees and other costs
and expenses of litigation, which may arise out of this Agreement for services provided
by Images hereunder. Nothing in this paragraph shall be deemed to be a waiver by the
City of any limitations on liability set forth in Minnesota Statutes, Chapter 466.
2. Administer all data under this agreement in accordance with Minnesota Statutes, Chapter
13 - Data Practices Act Compliance, and all data on individuals shall be maintained in
accordance with statutory guidelines.
3. Provide all customary services provided by a caterer and food service provider, including,
but not limited to, the following:
a. Provide a selection of menus and prices for events held at the Center that require
food. The prices and menus shall be agreed upon by the City;
b. Meet with Facility manager and prospective clients to set menus and fees for the
clients' particular event.
c. Provide adequate staffing, including supervision, to the demand of the particular
event at every catering or food function.
d. ETC agrees to meet all health regulations, city ordinances, state law, federal law
and any other regulations, rules or requirements concerning food service.
4. Promote the catering and food service at Facility. Any expenses associated with such
promotion will be borne by ETC.
5. Maintain a price list or printed schedule of prices of all available commodities and
services which will be available during normal business hours of the Center. All prices
shall be competitive with similar establishments within the service area.
6. Provide the personnel necessary to successfully market, manage, operate, and provide
food and catering services at the Facility. ETC shall maintain an adequate level of
staffing and supervision at all times in order to serve the public. ETC agrees to comply
with all applicable federal, state and local laws. resolutions, ordinances, rules. regulations
and executive orders pertaining to unlawful discrimination on account of race, color.
Page 3
creed, religion, national origin, sex,marital status, disability, age, or status with regard to
public assistance. ETC will insure that all its agents, employees and representatives and
agents have had training in sexual harassment, gender sensitivity and cultural diversity.
7. Provide appropriate identification of its agents, employees, and representatives during the
performance of this Agreement.
8. Maintain workers' compensation insurance in compliance with all applicable statutes, and
professional, automobile, contract, and general liability insurance in amounts and in
forms satisfactory to the City. ETC agrees to provide the City with a copy of its
Certification of Insurance for catering and copies of all appropriate licenses.
9. Clean the Facility and Center after a catering or food event. Such cleaning shall, at a
minimum, remove the food and equipment used for the event in addition to soiling caused
by the catering or food service.
10. ETC agrees to provide the following equipment to be located at the Facility:
a. All linens, china, flatware, serving pieces etc. necessary to provide catering services to
groups up to 350.
b. Provide an under sink dishwasher in the kitchen area.
c. Provide coffee brewing equipment.
11. Operate and manage the catering and food service in accordance with all federal, state.
and local laws, regulations, ordinances, and City policies. ETC will obtain all permits,
licenses, and certifications necessary to ensure compliance with all federal, state and local
laws, regulations and ordinances.
22. Affirms, that to the best of its knowledge, its involvement in this Agreement does not
result in a conflict of interest with any party or entity which may be affected by the terms
of this Agreement. ETC agrees that, should any conflict or potential conflict of interest
become known, ETC will immediately notify the City of the conflict or potential conflict.
B. The Citv's Duties and Responsibilities. The City agrees to provide the resources to
maintain the Facility and associated equipment. In addition, the City agrees to do the following:
1. Maintain liability insurance in accordance with limits established by Minnesota statutes.
2. Provide and maintain the following equipment at the Facility for use by ETC:
a. Ice machine;
b. Refrigerator;
c. Designated area for storage of linens, china, flatware, serving pieces. etc.;
d. Kitchen facilities as they presently exist at the Center; and
Page 4
3. Provide access for events to ETC for the following:
a. Banquet room, kitchen, and storage area;
b. Tables and chairs.
4. Insure that the Facility is cleaned and set up for the event.
5. Provide general custodial services and maintenance for the Facility, other than the service
required to be provided by ETC in Article III, Section 9, and agree to keep the Facility
and related equipment in good repair.
ARTICLE IV: TERMINATION
If ETC fails to perform any of the terms, conditions, or requirements of this Agreement, the City
will give ETC thirty (30) day's written notice of such failure. After receipt of the written notice
of such, ETC will have up to thirty(30) days to correct the problem, except that the City, at its
sole discretion, may in any case take immediate steps at ETC's expense to correct a problem in
order to protect the health, safety and welfare of the City and the public prior to the end of the
thirty (30) day period without affecting the City's right to terminate ETC. If Images fails to
correct the problem related to the performance of any of the terms, conditions or requirements of
this Agreement within the aforesaid thirty (30) day period for such provision, the City may
terminate the Agreement by giving ETC thirty (30) day's written notice of such termination.
If the City fails to perform any of the terms, conditions or requirements of this Agreement, ETC
will give the City thirty (30) day's written notice of such failure. After receipt of the written
notice, the City will have thirty(30) days to correct the problem, except that ETC may in any
case take immediate steps at the City's expense to correct the problem in order to protect the
health, safety and welfare of Images and the public prior to the end of the thirty (30) day period
without affecting ETC's right to terminate the Agreement. If the City fails to correct the problem
within that thirty (30) day period, ETC may terminate the Agreement by giving the City thirty
(30) days' written notice of such termination.
ETC may also terminate this Agreement for any reason by providing 60 days written notice of its
intent to terminate said agreement, provided, however, that ETC waives any interest or rights for
its compensation for catering or food events for the sixty (60) day period immediately prior to the
date it provides such notice. For any compensation already paid to ETC for the sixty (60) day
period immediately prior to the date it provides such notice, ETC will include a certified check
payable to the City with its written notice of its intent to terminate this Agreement under the
terms of this paragraph.
ARTICLE V: OTHER PROVISIONS
Page
1. Addresses and Notices. Any notice permitted or required to be given under this
Agreement must be in writing and shall be deemed to have been given if sent by certified
mail, postage prepaid, addressed as follows:
To the City: City Clerk Administrator
City of Mounds View
2401 Highway 10
Mounds View, MN 55112
To ETC: Elegant Thymes Catering
a division of Royal Fare Food Emporium, L.L.C.
5516 46th Avenue South
Minneapolis, MN 55417
If either party has a change of address, that party must give written notice to the other
party of such change. Failure to do so will not invalidate any notices sent to the
addresses listed above.
2. Amendment. This agreement may be modified or amended only with the written
approval of Images and the City.
3. Assignment. This Agreement shall be binding upon and inure to the benefit of the
parties. No assignment or attempted assignment of this Agreement of any rights
hereunder shall be effective.
4. Authority. Each of the undersigned parties warrants it has the full authority to execute
this Agreement.
5. Choice of Law and Venue. This Agreement shall be governed by and construed in
accordance with and governed by the laws of the State of Minnesota. Any disputes,
controversies, or claims arising out of this Agreement shall be heard in the state or federal
courts of Minnesota. and all parties to this Agreement waive any objection to the
jurisdiction of these courts, whether based upon convenience or otherwise.
6. Construction. In the event that any one or more of the provisions of this Agreement. or
any application thereof, shall be found to be invalid, illegal or otherwise unenforceable,
the validity, legality, and enforceability of the remaining provisions in any application
therefor shall not in any way be affected or impaired thereby.
7. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire Agreement between the City
and Images, and supersedes any other written or oral agreements between and City and
Images.
Page 6
8. Execution in Counterparts. This Agreement may be executed in counterparts by the
parties hereto.
9. Waiver. No failure by any party to insist upon the strict performance of any covenant,
duty, agreement, or condition of this Agreement or to exercise any right or remedy
consequent upon a breach thereof, shall constitute a waiver of any such breach of any
other covenant, agreement, term, or condition, nor does it imply that such covenant,
agreement, term or condition may be waived again.
10. Work Product. All records, information,materials and other work products prepared
and developed in connection with the provisions of services hereunder shall become the
exclusive and confidential property of the City. No such products shall be made available
to any other individual or organization by Images without the prior written approval of
the City.
11. Mutual Renegotiation. This Agreement may be renegotiated by the City and Images
upon mutual consent of both of the parties. Any such mutual renegotiations of this
Agreement must be reduced to writing as either an amendment to this Agreement or as an
entirely new agreement.
ARTICLE VI: DEFINITIONS OF TERMS USED IN AGREEMENT
1. Center-The gymnasium, lounge senior center and meeting room A and B in the Mounds
View Community Center.
2. City-The City of Mounds View, a municipal corporation under the laws of Minnesota.
For purposes of reserving and using the Facility and paying compensation under this
agreement, the term "City"shall also include any other individual or entity that the City
may contract with to provide recreation programming for the City; the City will provide
Images with a written list of any such individual(s) or entities and authorized events prior
to them being included as a City use.
3. Community Center-The entire Mounds View Community Center, including the Center
and the Facility, as well as the kitchen, day care center and community education area.
4. Facility -The banquet hall portion of the Mounds View Community Center.
5. Elegant Thymes Catering (ETC) -Elegant Thymes Catering, a division of Royal Fare Food
Emporium, L.L.C.
CITY OF MOUNDS VIEW
Page 7
By:
Duane McCarty, its Mayor Elegant Thymes Catering
By:
Charles S. Whiting, its City Clerk-Administrator
Approved as to form and content:
By:
City Attorney
Another item to be considered
IMPLEMENTATION OF AGREEMENT
The parties agree that any disagreement, dispute or claim that arises regarding the
exercise of this Agreement shall be resolved as follows:
1. Any party may notify the other party, in writing, of the existence of a
disagreement, dispute or claim, stating the nature of such disagreement, dispute or
claim, with specificity;
2. On the date of receipt of such notice, the City and ETC shall each advise the other
of the identify of the representative who will be available to meet as soon as
reasonably possible (not later than 9:00 a.m. of the next business day) for the sole
purpose of selecting a mutually acceptable third person to participate in the
resolution of the disagreement, dispute, or claim. The party initiating the notice
pursuant to this section, shall make arrangements for location for such meeting;
3. As soon as reasonably possible following the identification of such third party
(not later than the next business day), a meeting involving the representatives
from ETC and the City and the third party will take place. If there is a breakdown
in the resolution process or(ii) either party refuses to accept the decision reference
as above captioned, the sole remedy hereunder shall be termination of this
Agreement pursuant to the termination selection.
Page 8
Item No. I U
Staff Report No.
Meeting Date: December 14, 1998
Type of Business: PH & CC
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: James Ericson, Planning Associate
Item Title/Subject: Public Hearing and Consideration or Resolution 5286, a Resolution
Approving a Preliminary Plat for the Anthony Properties Addition;
Planning Case No. 541-98.
Date of Report: December 10, 1998
Background:
Anthony Properties, the developer of the 15-screen Carmike Theater project, represented by
Wendell Smith, has applied for a major subdivision of the parcel formerly known 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
planned unit development 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 in to
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.
Plat Discussion:
The development site is bordered by Highway 10 to the northeast, County Road H2 to the south,
Long Lake Road to the west, and is bisected by Edgewood Road, which will be realigned to cross
Highway 10 at a right angle, continuing through the development to County Road H2 to the
south. The proposed plat creates seven parcels, the approved uses for which are as follows:
Anthony Properties Major Subdivision
Planning Case 541-98
December 14, 1998
Page 2
Legal Use Lot Area
Lot 1, Block 1: 11,000 sf Office Building 30,628 sf. (0.70 acres)
Lot 2, Block 1: 11,000 sf Office Building 34,631 sf (0.80 acres)
Lot 3, Block 1: Parking 189,869 sf. (4.36 acres)
Lot 1, Block 2: Restaurant 137,000 sf. (3.15 acres)
Lot 2, Block 2: Retail/Restaurant 111,641 sf. (2.56 acres)
Lot 3, Block 2: Theater 467,541 sf. (10.73 acres)
Lot 4, Block 2: 11,000 sf Office Building 31,889 sf. (0.73 acres)
Analysis:
According to Section 1202.01, Subdivision 1 of the City Code, full platting is required for all
major subdivision requests. The applicant, Anthony Properties, is requesting approval of the
preliminary plat for the proposed Anthony Properties Addition. Review of this plat is required by
the City Engineer, the Director of Public Works, the City Attorney, Rice Creek Watershed
District, Ramsey County and the Minnesota Department of Transportation (MnDOT). The plat,
date-stamped 11/23/98, bears the required data for preliminary plats as specified by the City
Code.
As with any subdivision of land within Mounds View, two issues need to be addressed: Easements
and park dedication fees. The plat shows easements for the wetland area, those areas to be used
as NURP ponds, and other drainage and utility easements. These easements will be dedicated to
the City by virtue of their inclusion on the plat. Other easements, such as the Highway 10 design
theme easement and the cross access parking and driveway easement will need to be dedicated via
separate documents. The applicant will draft these documents and have them available for City
Attorney review prior to the City Council taking action on the final plat for this subdivision.
The other issue addressed with the platting of land is the park dedication requirement. According
to Section 1204.02 of the City Code, all subdividers of land are required to dedicate to the City
for public purposes a portion of land, or, at the City's sole discretion, cash in an amount equal to
ten percent of the land's fair market value. It has been and continues to be the City's policy of
requiring a cash dedication in lieu of land. According to Ramsey County assessment records, the
land has a value of$1,032,500 and thus the dedication amount applicable for this project would
be $103,250. This amount will need to be paid to the City before the City Administrator and the
Mayor sign off on the Final Plat.
Ramsey County Review: The Ramsey County surveyors office has reviewed the Anthony
Properties Addition plat and has found it to be acceptable and in the required form for final plats,
and as such, has given its approval and authorized Mylar copies to be made of the plat.
Anthony Properties Major Subdivision
Planning Case 541-98
December 14, 1998
Page 3
City Attorney: The City Attorney has reviewed the plat and has performed a Plat Opinion to
ensure all easements of record are shown on the plat and that all persons or entities having an
interest in the property are represented in the signature block. His report of a satisfactory plat
opinion is attached for reference.
City Engineer: The City Engineer has reviewed the plat and has found it to be in compliance with
the Mounds View subdivision requirements and the approved planned unit development
documents and plans. All required utility easements have been shown.
Director of Public Works: Mike Ulrich, Director of Public Works, has reviewed the plat and
finds that it conforms to the preliminary plat and to the City's platting requirements.
Rice Creek Watershed District: The Rice Creek Watershed District has already approved the
general stormwater permit for the theater project, yet a copy of the plat was sent to the watershed
district for their review and comment. No comments as of yet have been received.
MnDOT: In a letter dated November 9, 1998, MnDOT staff indicate that the Theater plat is
acceptable for development so long as the proper access permits are obtained and that they review
and approve the signed agreement between Anthony Properties and Donatelles governing the
shared access between the two properties.
Recommendation:
There being no unresolved issues associated with this preliminary plat, other than the easement
documents which have yet to be drafted, staff finds there to be no reason for this preliminary plat
to not be approved. Given that, staff recommends approval of Resolution No. 5286, a resolution
approving the preliminary plat for the Anthony Properties Addition, with stipulations.
James Ericson, Planning Associate
Attachments:
1. Planning Application
2. Zoning Map
3. Notice of Public Hearing
4. Letter from MnDOT,dated 11/9/98
5. Plat Opinion
6. Resolution 5286
N:\DATA\GROUPS\COMDEV\DEVCASES\541-98\THEATER.CC1
Y•i'
1YJ COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT APPLICATION
.: 'f 2401 Highway 10, Mounds View MN 55112
oR�rf-Par tnet�ti�Q� 612-717-4020
612-784-3462 - FAX
Please Type or Print Information-Complete Both Sides of This Form
Applicant Information
Name of Applicant A-tu rN'p►U P,26 P 1311 r1 C'S Telephone 9'702- 1.2l • y� �-
Address � ?7 t7 0 Fax q ?Z - 1'21 ,,y.L/2•y
11-10
DCL5 7 Sa cl
Interest in Property(check appropriate box)
0 / Owner of Property a Contract for Deed Owner
eV Lessee,Operator,Manager a Agreement to Purchase
a Other(explain)
Applicants must provide evidence of interest in property at the time of application,and if you are not the owner of the
property,you must provide a letter of permission from the owner giving consent to the filing of this application. The
property owner must sign this application for it to be accepted.
Property Description/Proposal
Address or General Location
Legal Description 5 cvG /1-7-Fit C i+ %)
Property Identification#(PIN#)
#of Acres
Current Zoning 7U.0
•
Type of Application
a Comprehensive Plan Amendment $250
a Rezoning 5250/acre; min$250 max S1500
Major Subdivision $250±$250 deposit*
a Minor Subdivision $200
a Planned Unit Development(PUD) Refer to rezoning fees
a PUD Amendment $3350
a Conditional Use Permit R-1, R-2 S75;all others$250
a Variance R-1, R-2 S100 all others$250
a Code Appeal S100
a Develop Review/Site Plan 5125/acre;min$125 max$750
a Wetland Alteration Permit R-1,R-2$150;all others$200
0 Wetland Buffer Permit R-1,R-2 S25; all others S100
a Floodplain Permit $200
a Other
*Deposits shall be paid to cover all costs of public notices,materials and staff or consultant time spent in the review,
research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable
incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded
to the applicant within thirty(30)days atter consideration of the application is completed.
Please complete the reverse side of this application.
City of Mounds View, MN
Development Application Page 2
Present Use of Property
Undeveloped/Vacant 0 Single Family Dwelling
Duplex/Two Family Dwelling 0 Multi-family Dwelling
Business/Commercial Establishment 0 Industrial Establishment
D Other(explain)
Property Classification 0 Abstract 0 Torrens
Description of Proposal D'1 TO 2 5u. b cI'U i S/p v`i
BY MY(OUR) SIGNATURE ON THIS APPLICATION,I HEREBY DECLARE THAT,TO THE BEST OF MY
KNOWLEDGE,THE INFORMATION PROVIDEDl IS TRUE AND ACCURATE,
Signature of Applicant LU2VACQZ—Q 4;171/4--49:k
'
Name of Applicant(typed/printed) cT �1(SNti,
Signature of Property Owner
Name of Property Owner(typed/printed)
Address of Owner
Phone Number of Owner
FOR OFFICE USE ONLY
Date of Submittal *jou,rn v (Z, I ct5
Date of Acceptance t2. Assigned to: "—
Planning Case No. S J-1(—9 A 60-dav Limit I - 120-day limit 3-(1-
Fees Paid: Account# Check* Receipt T
Application: Z co `;`'
Park Dedication:
Deposits: >C
Other:
Total:
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Zoning Map Planning Case 541-98
Applicant: AP Mounds View Limited Partnership N4
Location: 2430 Highway 10
,,„,44Es0rr
A o Minnesota Department of Transportation
1'4
'0/T1U
i Metropolitan Division
Waters Edge
1500 West County Road B2
Roseville, MN 55113
November 9, 1998
Rick Jopke
City of Mounds View
2401 Highway 10
Mounds View, MN 55112
Dear Rick Jopke:
SUBJECT: Carmike
Site Plan Review S98-091B
Southwest Quadrant of Trunk Highway(TH) 10 and Long Lake Road
Mounds View, Ramsey County
C.S. 6204
The Minnesota Department of Transportation(Mn/DOT) has reviewed the Carmike site plan. We
find the plan acceptable for further development with consideration of the following comments.
• We require the City of Mounds View apply for an access permit for the TH 10 and Edgewood
Drive intersection. However, we will issue a temporary access permit at this location prior to
intersection construction. Please contact Keith Van Wagner of our Permits Section at 582-1443
for additional details regarding the access permit and temporary access permit.
• As previously stated in our letters of May 11, 1998 and June 22, 1998, we will not allow the
proposed right-in/right-out access to TH 10 without an agreement from Donatelli's. In
addition, the existing access to Donatelli's must be removed and the proposed access will serve
both properties. Before granting this access Mrv'DOT must review this signed agreement
between the property owners.
Please contact me at 582-1654 with any questions regarding this review.
Sincerely,
Ck_.
Scott Peters
Senior Transportation Planner/Local Government Liaison
c: Dan Soler, Ramsey County Traffic Engineer
Brian Mundstock, Sunde Engineering, Inc.
An equal opportunity employer
Public
N f
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council on
Monday, December 14, 1998, at 7:10 p.m. at Mounds View City Hall, 2401 Highway 10,
Mounds View, Minnesota, 55112, to consider a major subdivision request by AP Mounds
View Limited Partnership to subdivide the 24.9-acre parcel located north of County Road
H2, east of Long Lake Road, and southwest of Highway 10, into seven lots, in accordance
with their approved Planned Unit Development. The property is legally known as:
All that part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 30, Range
23, lying southwesterly of State Trunk Highway 10-62, according to the United States Goivemment
Survey thereof and situate in Ramsey County, Minnesota;
and
All that part of the Northwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23,
lying southwesterly of State Trunk Highway 10-62, according to the United States Goivemment
Survey thereof and situate in Ramsey County, Minnesota;
Anyone desiring to be heard with reference to this matter may be heard at this
meeting. If you are unable to attend this meeting but wish to comment, you may submit a
letter to James Ericson, 2401 Highway 10, Mounds View, MN 55112. The letter will be
forwarded to the City Council.
A copy of the proposed preliminary plat is available for review at City Hall. If you
have any questions regarding this meeting, please contact me at 717-4022.
James Ericson
Planning Associate
This notice is mailed to property owners within 350 feet of subject property.
This notice published in the Bulletin Newspaper December 2, 1998.
Kennedy
Pillsbury Center
11 l.enned y 200 South Sixth Street
• —_ . Minnvpolis MN 55402
( (612) 337-9300 telephone
k 7 raven (612) 337-9310 fax
C ►{ a rsT E R E D email:attyseleennedy-g ave t.cor
Scorr J. Rlccs
A ttorncy at Law
Direct Dial(612)337.9260
crnarl a,rggsgkcnnedy.gtavcn corn
December 11, 1998
VIA FACSIMILE AND REGULAR MAIL
Mr.Jim Ericson
Planning Associate
City of Mounds View
2401 Highway 10
Mounds View,MN 55112-1499
RE: Plat Opinion for ANTHONY PROPERTIES ADDITION
Our File No.MU210-8
Dear Jim:
At your request and pursuant to City Code requirements, I have examined evidence of the title to
the following described property, located in Ramsey County, Minnesota, which is proposed to be
platted as ANTHONY PROPERTIES ADDITION:
See Exhibit"A"
This examination was made from a commitment to issue title insurance issued by Old Republic
National Title Insurance Company (Commitment No. R OR926211 C) effective July 20, 1998 at
7:00 a.m.
Assuming the conditions of the commitment to be true, correct, and complete, I am of the opinion
that title to the property was, as of July 20, 1998, in the name of:
Louise H. O'Neil
subject, however,to the following limitations noted on the cor unittncnt to issue title insurance:
1. Rights of the public. the City of Mounds View and the County of Ramsey in and to the
West 33 feet of the premises for Long Lake Road as evidenced by the County Auditor's
Map.
2. Easement for roadway (widening of Long Lake Road) and utility purposes over part of
ZBZ-d SO/ZO'd 91Z-1 OtEB2EEZl9+ NAY 7 Aa3NN3N-woad wdp0:10 98-11-oaa
Mr. Jim Ericson
December 11, 1998
Page 2
premises together with incidental rights granted to the City of Mounds View, as evidenced
by instrument dated April 17, 1994, filed May 19. 1994. as Document No. 2807222.
Evidence of such casement referenced in Document No. 2807222 is set forth on the
preliminary plat of Anthony Properties Addition.
3. Rights of the public, the City of Mounds View and the County of Ramsey in and to the
South 33 feet of premises for County Road H2 as evidenced by the County Auditor's Map.
4. Easement for drainage and utility purpose over part of premises together with incidental
rights granted to the City of Mounds View, as evidenced by instrument dated April 17,
1994, filed May 19, 1994, as Document No. 2807221. Evidence of such easement
referenced in Document No. 2807221 is set forth on the preliminary plat of Anthony
Properties Addition.
5. Right to construct and maintain temporary snow fences over land adjacent to Trunk
Highway No. 10-62, acquired by the State of Minnesota, as evidenced by Final Certificate.
recorded as Document No. 1326463. Reference to such rights of the State of Minnesota is
not included on the proposed plat of Anthony Properties Addition. Further review needs
to be made of Document No. 1326463 to determine whether or not the tights of the
State of Minnesota conflict with any of the dedications to be made to the public
pursuant to the platting of Anthony Properties Addition. Likewise, the City's desire
to obtain a design theme easement adjacent to State Trunk Highway No. 10-62 may
also be impaired by the rights of the State of Minnesota, pursuant to Document No.
1326463.
6. Easement for petpetual sanitary sewer interceptor purposes over part of the premises
together with incidental rights ganted to North Suburban Sewer District, as evidenced by
instrument dated May 27, 1969, filed June 19, 1969, as Document No. 1752280. Evidence
of such sanitary sewer easement referenced in Document No. 1752280 is set forth on the
preliminary plat of Anthony Properties Addition.
7. Easement for drainage purposes over the East 10 feet of premises as evidenced by County
Auditor's Map.
8. Special assessments,if any, which may levied upon said premises.
9. Real estate taxes as follows: taxes for the year 1998 in the amount of$56,722.40 are half
paid, half-unpaid (base tax amount $56,722.40) (Tax I.D. No. 08-30-23-23-0003) as to
Parcel 1. Taxes for the year 1998 in the amount of$120.88 are half paid, half-unpaid(base
tax amount $120.88) (Tax I.D. No. 08-30-23-22-0041) as to Parcel 2. Ramsey County tax
records indicate that the property is non-homestead for taxes payable in the year 1998.
10. Mechanics lien rights. if any, for recent improvements upon said premises or property
SJit-15488O
MU210.8
Z8Z-i 9O/£0'd 91Z-1 O1£81££ZI9+ N3AVa9 t Aa3NN3N—woJw00:1O 98-11-Deft
Mr. Jim Ericson
December 11. 1998
Page 3
connected therewith.
1.1. Public zoning.building or environmental laws,ordinances and regulations.
12. Facts which would be shown by a survey of said premises.
13. All rights in public highways upon the land.
14. Rights, if any, of the parties in possession other than said owners. It appears, based upon
evidence lcnown to the City, that AP Mounds View Limited Partnership, a Texas Limited
Partnership, is a lessee of the property to be contained within the plat of Anthony Properties
Addition.
15. Easements, or claims of easements.not shown by the public records.
16. Any change in title occurring subsequent to the effective date of the commitment to issue
title insurance and prior to the date of the issuance of the title policy.
Based upon the above,the plat must be signed by:
1. Louise H. O'Neil,a widow now single person,the fee owner.
2. AP Mounds View Limited Partnership, a Texas Limited Partnership,a Lessee.
3. All other owners or mortgagees known to the City as having an interest in the subject
property.
The plat must be executed with all the formalities of a deed of title and must include language
dedicating the drainage and utility casements to the City of Mounds view. we require a review of
the final plat.
This opinion is provided to the City of Mounds View solely for the purpose of determining the
required signatories to the plat. It should not be relied upon by any other person or entity for any
other purpose. This opinion is conditioned upon the issuance of a policy of title insurance, at
the exyense of the developer, to the City of Mounds View, in an amount acceptable to the
City.
Sincerely,
KENNE a Y ' . , ARTERED
/ i --
../ / /
Mounds - • s . t City Attorney
SJR:sms
Enclosures
SIR-i54880
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Mr. Jim Ericson
December 11. 1998
Page 4
EXHIBIT"A"
Legal description of property which is proposed to be platted as ANTHONY PROPERTIES
ADDITION:
PARCEL 1:
The Southwest 1/2 of the Northwest 1/4 of Section 8,Township 30,Range 23, lying Southwesterly of
State Trunk Highway No. 10-62,according to the United States Government Survey thereof and
situate in Ramsey County,Minnesota.
Abstract Property.
PARCEL 2:
All that part of the Northwest 1/4 of the Northwest 1/4 of Section 8,Township 30,Range 23, lying
Southwesterly of State Trunk Highway No.10, according to the United States Government Survey
thereof and situate in Ramsey County,Minnesota.
Abstract Property.
SJR-154380
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RESOLUTION NO. 5286
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE ANTHONY PROPERTIES ADDITION
PRELIMINARY PLAT; PLANNING CASE 541-98
WHEREAS, AP Mounds View Limited Partnership, represented by Wendell Smith, has
requested approval of a preliminary plat for the property legally known as:
All that part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 30, Range
23, lying southwesterly of State Trunk Highway 10-62, according to the United States
Government Survey thereof and situate in Ramsey County, Minnesota;and;All that part of the
Northwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, lying
southwesterly of State Trunk Highway 10-62, according to the United States Government Survey
thereof and situate in Ramsey County, Minnesota;
WHEREAS, a preliminary plat date-stamped 11/23/98 titled "Anthony Properties
Addition" has been submitted by the applicant; and,
WHEREAS, the Mounds View City Council has reviewed the applicant's request for a
subdivision of the 26-acre parcel bounded by Highway 10, County Road H2 and Long Lake Road
into seven lots associated with the approved planned unit development and finds that it is in
conformance with all applicable sections of the Mounds View Municipal Code; and,
WHEREAS, the City Engineer has reviewed the preliminary plat and has found it to be in
conformance with City subdivision regulations and consistent with the approved PUD plans; and,
WHEREAS, The Rice Creek Watershed District has approved a drainage permit for the
development and has been sent the preliminary plat for review; and,
WHEREAS, Ramsey County has reviewed and approved the plat and has authorized that
Mylar copies of the plat be created; and,
WHEREAS, the Minnesota Department of Transportation has reviewed the plat and has
forwarded comments to the City and developer; and,
WHEREAS, the City Attorney has reviewed the preliminary plat and has performed a Plat
Opinion to ensure all easements are represented and all persons or entities having an interest in the
property are represented in the signature block; and,
WHEREAS, the Director of Public Works has reviewed the preliminary plat and finds it to
represent all required utility easement areas.
Resolution No. 5286
Anthony Properties Addition Preliminary Plat
December 14, 1998
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
approves the preliminary plat requested by AP Mounds View Limited Partnership, contingent
upon the following:
1. The applicant shall execute and arrange to have recorded with Ramsey County the
following easement documents, approved as to form by the City Attorney, prior to the
Mayor and City Administrator signing off on the Final Plat:
a. A cross-access and parking easement document which allows use of the access
points, drive aisles and parking by the theater complex and the office buildings,
b. An access easement which allows Donatelles patrons the use of the Theater
property's access points and drive aisles,
c. An easement area over the northeastern most 19 feet running parallel with
Highway 10, which allows for the implementation of the Highway 10 design theme
improvements, such as landscaping, lighting and sidewalks.
2. The applicant shall apply for Final Plat approval with the City no later than six (6)
months after the date of approval of the preliminary plat; otherwise, the preliminary
plat and final plat will be void unless an extension is requested in writing and granted
by the City Council.
3. The applicant shall make any changes, revisions or corrections as indicated by Ramsey
County prior to Final Plat approval.
4. Before the Final Plat is approved by the City, the applicant shall have paid a park
dedication fee in the amount of$103,250 as required in Section 1204.02 of the
Municipal Code, based upon Ramsey County assessment records.
Adopted this 14nd day of December, 1998.
Duane McCarty, Mayor
ATTEST:
Charles S. Whiting, City Clerk/ Administrator
(SEAL)
N:\.DATA\GROUPS\C OMDE V\DE VCASES\541-98\5286.RES
K
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: Consideration of Resolution 5288 Approving an amended and
restated initial agreement, housing development agreement, and
management agreement for the Silver Lake Commons Project and
authorizing the Mayor and City Clerk Administrator to execute
agreements on behalf of the City.
Date of Report: December 11, 1998
The draft resolution, which approves and authorizes the Mayor and Clerk Administrator
to execute the following Agreements on behalf of the City:
1. The Amended and Restated Initial Agreement; and
2. The Housing Development Agreement; and
3. The Management Agreement; and
4. The Regulatory and Operating Agreement.
All of these amended or new agreements are required because of the previously executed
agreements the City has entered into for this matter, or because of changes in the development.
As the agreement packet is rather lengthy, it has not been included in this packet. The
information will be available for information at the meeting on Monday.
Staff Recommendation: Approve Resolution 5288 authorizing the Mayor to enter into the
stated agreements on behalf of the City of Mounds View.
RESOLUTION NO. 5288
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN AMENDED AND RESTATED
INII1AL AGREEMENT, HOUSING DEVELOPMENT
AGREEMENT. AND MANAGEMENT AGREEMENT FOR THE
SILVER LAKE COMMONS PROJECT AND AUTHORIZING
THE MAYOR AND CITY CLERK-ADMINISTRATOR TO
EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY'.
WHEREAS, a development, known as Silver Lake Commons.was previously proposed by
MSP Real Estate,Inc. (the Developer)in the City of Mounds View; and
WHEREAS. such development, as proposed, required the participation of the Minneapolis
Public Housing Authority, acting pursuant to a joint powers Initial Agreement and Cooperation
Agreement with the City of Mounds View,as authorized by Minn. Stat. §471.59:and
WHEREAS, such development required the Developer, pursuant to the Mounds View
Municipal Code,to enter into a development contract with the City; and
WHEREAS, Resolution No. 5198 was adopted by the City of Mounds View on
December$. 1997.wherein the City Council authorized the Mayor and its City Clerk-Administrator
to execute the Cooperation Agreement. Initial Agreement and Developers Agreement on behalf of
the City;and
WHEREAS, since the adoption of Resolution No. 5198 and the execution of the
Cooperation Agreement.Initial Agreement and Developers Agreement.changes in the development
necessitate the execution of an Amended and Restated Initial Agreement;and
WHEREAS, such previously adopted agreements and the development necessitate the
adoption of a Housing Development Agreement by and between the Minneapolis Public Authority
in and for the City of Minneapolis. Mounds View Family Housing Limited Partnership. the City of
Mounds View.Minnesota and Affordable Suburban Housing,Inc.: and
WHEREAS, such previously adopted agreements and the development necessitate the
adoption of a Minnesota Housing Financing Agency Low Income Housing Tax Credit Program
Management Agreement between Mounds View Family Housing Limited Partnership and
Danzeisen Property Management.Inc.:and
WHEREAS, such previously adopted agreements and development requires the adoption of
a Regulatory and Operating Agreement by. between and among the Minneapolis Public Housing
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Authority its and for the City of Minneapolis, the City of Mounds View. Minnesota. and Mounds
view Family Housing Limited Partnership.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View,
that the Council authorizes the Mayor and City Clerk-Administrator to execute the Amended and
Restated Initial Agreement on behalf of the City; and
BE IT FURTHER RESOLVED, by the City Council of the City of Mounds View. that the
Council authorizes the Mayor and City Clerk-Administrator to execute the Housing Development
Agreement on behalf of the City;and
BE IT FURTHER RESOLVED,by the City Council of the City of Mounds View, that the
Council authorizes the Mayor and City Clerk-Administrator to execute the Management Agreement
on behalf of the City; and
BE IT FINALLY RESOLVED. by the City Council of the City of Mounds View. that the
Council authorizes the Mayor and City Clerk-Administrator to execute the Regulatory and
Operating Agreement on behalf of the City.
Adopted this day of December, 1998.
Duane McCarty,Mayor
ATTEST:
Charles S.Whiting, City Clerk-Administrator
(SEAL)
SJR-154788
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'7L
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: Consideration of Resolution 5289 - Severance Plan/ Program for City
of Mounds View Parks and Recreation Employees Displaced by the
Outsourcing of the City Parks and Recreation Department
The attached resolution and severance packages authorize the City to provide the
following severance benefits to Mary Saarion and Marvin Johnson:
1. Payment of severance pay in the amount of one week of salary for every year of the
employee's service to the City; and
2. Payment of unused vacation and sick leave in an amount equal to the full amount
available fof the employee's unused vacation leave and 50% of the accumulated
sick leave; and
3. Payment by the City of an amount equal to six months of the City's standard
contribution normally paid for an employee's health insurance premiums; and
4. Payment by the City, up to a value of$3,000 for outplacement or educational/
retraining; and
5. The offering is subject to the execution of a release of all claims by the employee
against the City and its agents, consultants, employees, former employees, insurers,
heirs, executors and assigns, in such language as is required and approved by the City.
Staff Recommendation: Approve Resolution authorizing the severance packages of Mary
Saarion and Marvin Johnson.
RESOLUTION NO. 5289
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
SEVERANCE PLAN/PROGRAM FOR CITY OF MOUNDS VIEW PARKS
AND RECREATION EMPLOYEES DISPLACED BY THE
OUTSOURCING OF THE CITY PARKS AND RECREATION
DEPARTMENT
WHEREAS, the City of Mounds View is eliminating the City's Parks and Recreation
Department for budgetary reasons; and
WHEREAS, the elimination of the City's Parks and Recreation Department for budgetary
reasons will eliminate the positions of the Parks and Recreation Director and the Recreation
Programs Supervisor; and
WHEREAS, the elimination of these two City positions results in the displacement of
two City employees; and
WHEREAS, it is in the interest of the City to offer such employees a severance benefits
package consistent with the City Code, City Administrative policies, and state and federal
statutes; and
WHEREAS, Minnesota Statutes contemplate that such severance benefits package be
instituted at the discretion of the City Council, subject to certain funding requirements.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Mounds View determines that it is in the interest of the City to offer the following terms and
conditions for a severance benefits plan/program to the employees displaced by the elimination
of the City Parks and Recreation Department:
SJR-154632
MU 125-33 1
1. Payment of severance pay in the amount of one week of the employee's
annual salary for every year of the employee's service to the City; and
2. Payment of unused vacation and sick leave in an amount equal to the full
amount available of the employee's unused vacation leave at the employee's time of
departure from City service, and 50% of the employee's amount of accumulated sick
leave at the employee's time of departure from the City; and
3. Payment by the City of an amount equivalent to six months of the City's
standard contribution normally paid for an employee's health insurance premiums; and
4. Payment by the City, up to a value of $3,000, for outplacement
employment services, with such payment to be made to an outplacement services
company as agreed upon by the City and employee; and
5. That the offering of the above severance benefits by the City is subject to
the execution of a release of all claims by the employee against the City and its agents,
consultants, employees, former employees, insurers, heirs, executors and assigns, in such
language as is required and approved by the City.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council directs
City staff to prepare the appropriate documents and agreements to facilitate the offering and
execution of the severance plan/program as provided herein.
Adopted this_day of December, 1998
Mayor Duane McCarty
City-Clerk Administrator, Charles S. Whiting
SJR-154632
MU125-33 2
SEPARATION AGREEMENT AND RELEASE OF CLAIMS
BETWEEN
THE CITY OF MOUNDS VIEW,MINNESOTA
AND
MARVIN JOHNSON
THIS AGREEMENT, made and entered into this day of , 199 , by and
between the CITY OF MOUNDS VIEW, MINNESOTA (the "City"), and MARVIN JOHNSON
(the "Employee").
WITNESSETH:
WHEREAS, the Employee has been employed by the City since May 30 , 1919
WHEREAS, the City is eliminating the City's Parks and Recreation Department and the
Employee's position as Recreation Program Supervisor for budgetary reasons; and
WHEREAS,both the City and the Employee have concluded that it is in the best interests of
both parties that the employment of the Employee be discontinued, pursuant to the elimination of
the Employee's position by the City, in accordance with the terms and conditions hereinafter set
forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements as
set forth herein, the sufficiency of which is hereby acknowledged by both parties, the City and the
Employee agree as follows:
1. Elimination of Position. The Employee's position as Recreation Program
Supervisor is hereby discontinued effective , 199_. The Employee and the City
waive any notice that would otherwise be required.
2. Vacation Leave and Sick Leave. The Employee shall be given a lump sum payment
of $ , reduced by applicable federal and state taxes, employment taxes, and other
customary withholdings, in payment of all accumulated vacation leave and 50% of accumulated
sick leave, as verified by the City's personnel records. The lump sum payment shall be made on the
effective date of the Employee's resignation, following any applicable rescission periods.
3. Severance Pay. The City shall pay to the Employee the sum of $7,764.00, which
amount represents one week of the Employee's salary for every year of the Employee's service to
the City, reduced by applicable federal and state taxes, employment taxes, and other customary
withholdings, in settlement of all salary, compensatory time, claims in law and equity, as well as
any administrative claims that the Employee may have against the City or its officers, agents,
employees, or insurers. The payment shall be made on the effective date of the Employee's
separation from employment with the City, following any applicable rescission periods, in a check
made payable to "Marvin Johnson."
CARLSK-154292
MU125-33
4. Health Insurance Premiums. The City shall pay to the Employee a lump sum of
$2,100.00, which amount represents six months of the City's contribution to the Employee's health
insurance premiums at a rate of$350.00 per month.
5. Educational Benefits or Outplacement Services. The City shall provide the
Employee with educational benefits or outplacement services up to a value of$3,000.00, to be paid
to the appropriate educational institution or outplacement services company providing such
educational or outplacement services to the Employee. The City will make payments directly to the
educational institution or outplacement company upon submission of invoices by such entity to the
City. Educational benefits or outplacement services provided by the City to the Employee pursuant
to this Agreement will be available to the Employee for one year from the date of this Agreement.
6. Release. In consideration of the above referenced Severance Pay at Paragraph No.
3, Health Insurance Premiums at Paragraph No. 4, and Educational Benefits or Outplacement
Services at Paragraph No. 5, the Employee, for himself, his heirs, administrators, representatives,
successors, and assigns, hereby releases and forever discharges the City, and its attorneys, agents,
representatives, employees, former employees, insurers, heirs, executors and assigns of and from
any and all past,present or future claims, demands, obligations, actions or causes of action, at law or
in equity, whether arising by statute, common law or otherwise, and for all claims for damages, of
whatever kind or nature, and for all claims for attorneys' fees, and costs and expenses, including but
not limited to all claims of any kind arising out of Employee's employment, including but not
limited to claims for harassment, discrimination, or constructive discharge, or any actions arising
from discussions in efforts to negotiate this Agreement.
In consideration of the above referenced Severance Pay at Paragraph No. 3, Health Insurance
Premiums at Paragraph No. 4, and Educational Benefits or Outplacement Services at Paragraph No.
5, Employee further acknowledges that he is knowingly and voluntarily waiving all possible rights
or claims arising under the Minnesota Human Rights Act,Minn. Stat. § 363,et al.
It is specifically understood that the aforementioned release is intended to include only those claims
arising from any conduct, event or transaction occurring prior to the date of this Agreement and is
intended to include any and all claims for unknown injuries and/or damages, unanticipated injuries
and/or damages, and unexpected consequences of injuries and/or damages.
7. Representation by Counsel. Employee represents to the City that he has had an
opportunity to consult with legal counsel of his own choosing with respect to this Agreement and all
matters covered by and relating to it. Employee further agrees and represents that he has not
received or relied upon any advice or representations by City or City's counsel in entering this
Agreement. This Agreement shall be binding upon Employee and his legal counsel and inure to the
benefit of the City and its respective successors, assigns, subsidiaries, heirs, executors, personal
representatives, and agents.
CARLSK-154292
MU125-33
8. Attorneys' Fees and Expenses. Each party will be responsible for the payment of
their own attorneys' fees and expenses in connection with this matter.
9. No Admission of Liability. It is specifically understood that by reason of agreeing to
this Agreement, the parties hereby released admit absolutely no liability, misconduct, wrongdoing,
unethical or unprofessional conduct of any sort, and it is further specifically understood that this
Agreement shall not be construed as an admission of liability, misconduct, wrongdoing, unethical or
unprofessional conduct of any sort on the part of any party.
10. Voluntary and Knowing Action. The parties acknowledge that they have had the
opportunity to consult with their own legal counsel, that they have thoroughly read and understand
the terms of this Agreement, and that they are voluntarily entering into this Agreement to resolve
this matter.
11. Data Practices Requirements. This "Separation Agreement and Release of Claims"
is public data. To the extent permitted by law, all other personnel data collected relating to the
Employee shall remain private data.
12. Rescission/Revocation Period. This Agreement is subject to the following
rescission/revocation periods as provided by law:
Minnesota Human Rights Act, 15 days, Minn. Stat. § 363.031, Subd. 2.
Once the Agreement has been executed, Employee understands that he has the right to rescind
and/or revoke the waivers and releases contained in this Agreement. To be effective, the rescission
or revocation must be in writing and delivered to the City either by hand or mail within the 15 day
period provided for in the Minnesota Human Rights Act. If delivered by mail, the rescission or
revocation must be: (1) postmarked within the 15 day period; (2) properly addressed to the City;
and(3) sent by certified mail return receipt requested. The address of the City is:
City of Mounds View
2401 Highway 10
Moundsview, MN 55112-1499
Attention: City Administrator
13. Veterans' Preference. Employee acknowledges that he is not a veteran of any
branch of the United States armed forces.
14. Governing Law. This Agreement will be construed, enforced and governed in
accordance with the laws of the State of Minnesota.
CARLSK-154292
MU125-33
IN WITNESS WHEREOF, the City and the Employee have approved and executed this
Agreement this day of , 199_, after approval thereof by the City of Mounds
View.
CITY OF MOUNDS VIEW, MINNESOTA: EMPLOYEE:
By:
Duane McCarty, Marvin Johnson
Mayor
Charles S. Whiting,
City Administrator
CARLSK-154292
MU125-33
SEPARATION AGREEMENT AND RELEASE OF CLAIMS
BETWEEN
THE CITY OF MOUNDS VIEW,MINNESOTA
AND
MARY SAARION
THIS AGREEMENT, made and entered into this day of , 199_, by and
between the CITY OF MOUNDS VIEW, MINNESOTA (the "City"), and MARY SAARION (the
"Employee").
WITNESSETH:
WHEREAS, the Employee has been employed by the City since , 1975;
WHEREAS, the City is eliminating the City's Parks and Recreation Department and the
Employee's position as Parks and Recreation Director for budgetary reasons; and
WHEREAS, both the City and the Employee have concluded that it is in the best interests
of both parties that the employment of the Employee be discontinued, pursuant to the elimination of
the Employee's position by the City, in accordance with the terms and conditions hereinafter set
forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements as
set forth herein, the sufficiency of which is hereby acknowledged by both parties, the City and the
Employee agree as follows:
1. Elimination of Position. The Employee's position as Parks and Recreation Director
is hereby eliminated effective , 199_. The Employee and the City waive any
notice that would otherwise be required.
2. Vacation Leave and Sick Leave. The Employee shall be given a lump sum payment
of $23,129.72, reduced by applicable federal and state taxes, employment taxes, and other
customary withholdings, in payment of all accumulated vacation leave and 50% of accumulated
sick leave, as verified by the City's personnel records. The lump sum payment shall be made on the
effective date of the Employee's resignation, following any applicable rescission periods.
3. Severance Pay. The City shall pay to the Employee the sum of$25,382.80, which
amount represents one week of the Employee's salary for every year of the Employee's service to
the City, reduced by applicable federal and state taxes, employment taxes, and other customary
withholdings, in settlement of all salary, compensatory time, claims in law and equity, as well as
any administrative claims that the Employee may have against the City or its officers, agents,
employees, or insurers. The payment shall be made on the effective date of the Employee's
separation from employment with the City, following any applicable rescission periods, in a
check made payable to "Mary Saarion."
4. Health Insurance Premiums. The City shall pay to the Employee a lump sum of
$2,100.00, which amount represents six months of the City's contribution to the Employee's health
insurance premiums at a rate of$350.00 per month.
5. Educational Benefits or Outplacement Services. The City shall provide the
Employee with educational benefits or outplacement services up to a value of$3,000.00, to be paid
to the appropriate educational institution or outplacement services company providing such
educational or outplacement services to the Employee. The City will make payments directly to the
educational institution or outplacement company upon submission of invoices by such entity to the
City. Educational benefits or outplacement services provided by the City to the Employee pursuant
to this Agreement will be available to the Employee for one year from the date of this Agreement.
6. Release. In consideration of the above referenced Severance Pay at Paragraph No.
3, Health Insurance Premiums at Paragraph No. 4, and Education Benefits or Outplacement
Services at Paragraph No. 5, the Employee, for herself, her heirs, administrators, representatives,
successors, and assigns, hereby releases and forever discharges the City, and its attorneys, agents,
representatives, employees, former employees, insurers, heirs, executors and assigns of and from
any and all past, present or future claims, demands, obligations, actions or causes of action, at law
or in equity, whether arising by statute, common law or otherwise, and for all claims for damages,
of whatever kind or nature, and for all claims for attorneys' fees, and costs and expenses, including
but not limited to all claims of any kind arising out of Employee's employment, including but not
limited to claims for harassment, discrimination, or constructive discharge, or any actions arising
from discussions in efforts to negotiate this Agreement.
In consideration of the above referenced Severance Pay at Paragraph No. 3, Health Insurance
Premiums at Paragraph No. 4, and Educational Benefits or Outplacement Services at Paragraph No.
5, Employee further acknowledges that she is knowingly and voluntarily waiving all possible rights
or claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 626, and all
possible rights or claims arising under the Minnesota Human Rights Act, Minn. Stat. § 363, et al.,
and that Employee has consulted with her attorney concerning the waiver of and content of the
rights available under these Acts. The City and Employee acknowledge that the Employee has 45
days in which to consider the waiver of rights available under the Age Discrimination in
Employment Act before such waiver can become effective.
It is specifically understood that the aforementioned release is intended to include only those claims
arising from any conduct, event or transaction occurring prior to the date of this Agreement and is
intended to include any and all claims for unknown injuries and/or damages, unanticipated injuries
and/or damages, and unexpected consequences of injuries and/or damages.
By signing this "Separation Agreement and Release of Claims," Employee acknowledges that she
has been provided with a written explanation of the group of employees covered by the
employment termination program, the program's eligibility requirements, and any time limits
applicable to the program. In addition,Employee acknowledges that she has been given a list of the
job titles and ages of covered employees eligible to participate in the program, as well as a list of
the job titles and ages of covered employees in the same job classification or organizational unit
who are not eligible or selected for the program.
CARLSK-154290 2
MU125-33
7. Representation by Counsel. Employee represents to the City that she has been
represented by counsel of her own choosing with respect to this Agreement, and all matters covered
by and relating to it, that she has been fully advised by such counsel with respect to her rights and
with respect to the execution of this Agreement. Employee further agrees and represents that she
has not received or relied upon any advice or representations by City or City's counsel in entering
this Agreement. This Agreement shall be binding upon Employee and her attorney and inure to the
benefit of the City and its respective successors, assigns, subsidiaries, heirs, executors, personal
representatives, and agents.
8. Attorneys' Fees and Expenses. Each party will be responsible for the payment of
their own attorneys' fees and expenses in connection with this matter.
9. No Admission of Liability. It is specifically understood that by reason of agreeing
to this Agreement, the parties hereby released admit absolutely no liability, misconduct,
wrongdoing, unethical or unprofessional conduct of any sort, and it is further specifically
understood that this Agreement shall not be construed as an admission of liability, misconduct,
wrongdoing, unethical or unprofessional conduct of any sort on the part of any party.
10. Voluntary and Knowing Action. The parties acknowledge that they have had the
opportunity to consult with their own legal counsel, that they have thoroughly read and understand
the terms of this Agreement, and that they are voluntarily entering into this Agreement to resolve
this matter.
11. Data Practices Requirements. This "Separation Agreement and Release of Claims"
is public data. To the extent permitted by law, all other personnel data collected relating to the
Employee shall remain private data.
12. Rescission/Revocation Period. This Agreement is subject to the following
rescission/revocation periods as provided by law:
Age Discrimination in Employment Act,7 days, 29 U.S.C. § 626(f)(1)(G);
Minnesota Human Rights Act, 15 days, Minn. Stat. § 363.031, Subd. 2.
Once the Agreement has been executed, Employee understands that she has the right to rescind
and/or revoke the waivers and releases contained in this Agreement. To be effective, the rescission
or revocation must be in writing and delivered to the City either by hand or mail within the 7 day
period for the Age Discrimination in Employment Act, or within the 15 day period for the
Minnesota Human Rights Act. If delivered by mail, the rescission or revocation must be: (1)
postmarked within the applicable 7 or 15 day period; (2) properly addressed to the City; and (3) sent
by certified mail return receipt requested. The address of the City is:
City of Mounds View
2401 Highway 10
Moundsview, MN 55112-1499
Attention: City Administrator
13. Veterans' Preference. Employee acknowledges that she is not a veteran of any
branch of the United States armed forces.
CARLSK-154290 3
MU125-33
14. Governing Law. This Agreement will be construed, enforced and governed in
accordance with the laws of the State of Minnesota.
IN WITNESS WHEREOF, the City and the Employee have approved and executed this
Agreement this day of , 199_, after approval thereof by the City of Mounds
View.
CITY OF MOUNDS VIEW, MINNESOTA: EMPLOYEE:
By:
Duane McCarty, Mary Saarion
Mayor
Charles S. Whiting,
City Administrator
CARLSK-154290
4
MU125-33
17 I\4
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: Consideration of Resolution 5282 Approving the Labor Agreement
Contract with Public Works and Parks Maintenance Bargaining
Unit
Date of Report: December 10, 1998
As discussed at the December 7, 1998 work session, the attached 1998 Labor Agreement with
Public Works and Parks Maintenance Bargaining Unit reflects the following new provisions as
negotiated on November 10th:
• Duration of 2 years - 1999-2000
• Annual compensation adjustment 3% 1999, 3%2000
• The City contributing up to $350 towards the cost of employee insurance in 1999
and$360 in 2000.
• Adjustments to the reimbursement amounts for clothing and safety glasses as follows:
Safety shoes - $80/year up to $160 for the two year period (one pair per year)
Safety glasses - $80/year up to $160 for the two year period
Work Jacket- $75 for the two year contract period
This Agreement covers the time period of January 1, 1999 through December 31, 2000.
Staff Recommendation: Adopt Resolution 5282 approving the 1998 Labor Agreement contract
with Public Works and Parks Maintenance Bargaining Unit
RESOLUTION NO. 5282
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING THE 1999-2000 LABOR AGREEMENT CONTRACT WITH
PUBLIC WORKS AND PARKS MAINTENANCE BARGAINING UNIT
WHEREAS,representatives from the Public Works and Parks Maintenance Bargaining Unit and
City staff have met and discussed the 1999-2000 Labor Agreement and have agreed to terms that
include:
• A 3% annual compensation adjustment for 1999 and 2000;
• The City contributing up to $350/mo. in 1999 and$360/mo. in 2000 towards the cost of
employee insurance;
• An adjustment to the reimbursement amounts for clothing and safety glasses allotment
including:
Safety shoes - $80/year up to $160 for the two year period (one pair per year)
Safety glasses - $80/year up to $160 for the two year period
Work Jacket- $75 for the two year contract period
NOW, THEREFORE BE IT RESOLVED THAT the attached contract for the Public Works and
Park Maintenance Labor Agreement contract for the period of January 1, 1999 to December 31,
2000, is hereby approved, effective January 1, 1999.
Adopted this day of December , 1998
ATTEST:
Mayor Duane McCarty
(SEAL)
City-Clerk Administrator, Charles S. Whiting
LABOR AGREEMENT
BETWEEN
THE CITY OF MOUNDS VIEW
AND
STEVEN D. DAZENSKI LAWRENCE DECHEINE
WILLIAM G. HANGGI WILLIAM G. HANSON
GARY G. KARDELL WALLACE R.MORTENSON
JEFFREY WIENKE TIMOTHY FREDBERG
BRUCE MEEHAN MICHAEL SCHNUR
JANUARY 1, 1999- DECEMBER 31, 2000
1
ARTICLE 1. PURPOSE OF AGREEMENT. 4
ARTICLE 2. CITY AUTHORITY 4
ARTICLE 3. APPLICABILITY OF CITY PERSONNEL CODE 4
ARTICLE 4. GRIEVANCE PROCEDURE 5
ARTICLE 5. DEFINITIONS 5
ARTICLE 6. SAVINGS CLAUSE 5
ARTICLE 7. WORK SCHEDULE 5
ARTICLE 8. OVERTIME PAY 6
ARTICLE 9. CALL BACK 6
ARTICLE 10. LEGAL DEFENSE 6
ARTICLE 11. RIGHT OF SUBCONTRACT 7
ARTICLE 12. DISCIPLINE 7
ARTICLE 13. SENIORITY. 7
ARTICLE 14. PROBATIONARY PERIODS 7
ARTICLE 15. SAFETY 7
ARTICLE 16. JOB POSTING 8
ARTICLE 17. INSURANCE 8
ARTICLE 18. INJURY ON DUTY. 8
ARTICLE 19. CLOTHING 9
ARTICLE 20. STANDBY DUTY. 9
ARTICLE 21. PERFORMANCE REVIEWS 9
ARTICLE 22. JOB CLASSIFICATION SYSTEM. 10
2
ARTICLE 23. SEVERANCE 12
ARTICLE 24. WAGES 12
ARTICLE 25. INTERMITTENT LEAD WORKER 13
ARTICLE 26. DEPARTMENT LEAD DESIGNATION 14
ARTICLE 27. DURATION. 14
3
ARTICLE 1. PURPOSE OF AGREEMENT.
This AGREEMENT is entered into by and between the City of Mounds View, hereinafter called
the CITY, and the named members of the City's Public Works and Parks Department, hereinafter
called the EMPLOYEES.
The intent and purpose of this AGREEMENT is to:
1.1 Establish the conditions which will govern the employment relationship between the
CITY and the EMPLOYEES in the Public Works Department including Garage, Parks
Maintenance, Street Maintenance, Sanitary Sewer Operations, Water Operations and
other maintenance areas the CITY may add;
1.2 Establish hours, wages and other conditions of employment;
1.3 Establish procedures for the resolution of disputes concerning this AGREEMENT's
interpretation and/or application;
1.4 Specify the full and complete understanding of the parties; and
1.5 Place in written form the parties' agreement upon terms and conditions of employment for
the duration of this AGREEMENT.
The CITY and the EMPLOYEES, through this AGREEMENT, continue their dedication to the
highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this
dedication.
ARTICLE 2. CITY AUTHORITY.
2.1 The CITY retains the full and unrestricted right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set and amend budgets;
to determine the utilization of technology; to establish and modify the organizational
structure; to select, direct and determine the number of personnel; to establish work
schedules; and to perform any inherent managerial function not specifically addressed or
limited by the AGREEMENT.
2.2 Any term and condition of employment not specifically established or modified by this
AGREEMENT shall be governed by Chapter 300 of the Municipal Code, entitled
Personnel, and shall remain solely within the discretion of the CITY to modify, establish,
or eliminate.
ARTICLE 3. APPLICABILITY OF CITY PERSONNEL CODE
3.1 Except where specifically superseded by this agreement, the Personnel Code, Chapter
300 of the Municipal Code, of the CITY shall regulate all conditions of employment.
4
ARTICLE 4. GRIEVANCE PROCEDURE
4.1 The grievance procedure for the EMPLOYEES shall be as prescribed by Section 308 of
the Personnel Code.
4.2 Grievances relating to performance reviews shall be limited to Steps 1 and 2 of the
established procedures.
ARTICLE 5. DEFINITIONS
5.1 "EMPLOYEE" means an individual who has successfully completed the required
probationary period and who employed on a schedule of at least 40 hours per week and
80 hours per pay period and who is subject to the terms of this agreement.
5.2 "BASE PAY RATE" means an employee's hourly pay rate exclusive of any other special
allowances.
5.3 "SENIORITY" means length of continuous service with the CITY for purposes of
promotion,transfer, layoff and recall.
5.4 "CALL BACK" means return of an employee to a specified work site to perform
assigned duties at the express authorization of the CITY at a time other than an assigned
shift. An extension of or an early report to an assigned shift is not a call back.
ARTICLE 6. SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States,the State of Minnesota, and the
CITY. In the event any provision of this AGREEMENT shall be held to be contrary to law by a
court of competent jurisdiction from whose final judgement or decree no appeal has been taken
within the time provided, such provision shall be voided. All other provisions of this
AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated
at the request of either party.
ARTICLE 7. WORK SCHEDULE
7.1 The sole authority for work schedules is the CITY. The normal work day for an
EMPLOYEE shall be eight(8) hours. The normal work week shall be forty (40) hours
Monday through Friday. Hours per day and days of the week may be varied if mutually
agreed between the CITY and the EMPLOYEE.
7.2 Service to the public may require the establishment of regular shifts for some
EMPLOYEES on a daily, weekly, seasonal or annual basis other than the normal 7:00
a.m. - 3:30 p.m. day. The CITY will give seven(7) days advance notice to the
EMPLOYEES affected by the establishment of work days different from the
EMPLOYEES normal eight hour work day.
5
7.3 In the event that work is required because of unusual circumstances such as (but not
limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no
advance notice need be given. It is not required that an EMPLOYEE working other than
the normal work day be scheduled to work more than eight(8) hours, however, each
EMPLOYEE has an obligation to work overtime or call backs if requested unless
unusual circumstances prevent the EMPLOYEE from so working.
7.4 Service to the public may require the establishment of regular work weeks that schedule
work on Saturdays and/or Sundays.
ARTICLE 8. OVERTIME PAY
8.1 Hours worked in excess of either eight(8) hours within a twenty-four(24)hour period
(except for shift changes) or more than eighty (80)hours within a fourteen(14) day pay
period will be compensated for at one and one-half times the EMPLOYEES regular base
pay. Overtime worked on a holiday will be compensated at the EMPLOYEE's holiday
pay plus two (2) times the regular pay rate.
8.2 Overtime will be distributed as equally as practicable based upon a list maintained by the
CITY and in consideration of any special skill requirements. Work in progress will not be
stopped merely to equalize overtime,but will continue with the crew assigned.
8.3 Overtime refused by EMPLOYEES will for record purposes under ARTICLE 8.2 be
considered as unpaid overtime worked.
8.4 For the purpose of computing overtime compensation, overtime hours worked shall not
be pyramided, compounded, or paid twice for the same hours worked.
ARTICLE 9. CALL BACK
An employee called in for work at a time other than the employee's normal scheduled shift will
be compensated for a minimum of two (2) hour's pay at one and one-half(1 1/2)the employee's
base pay rate.
ARTICLE 10. LEGAL DEFENSE
10.1 EMPLOYEES involved in litigation because of negligence, ignorance of the laws,non-
observance of laws, or as a result of EMPLOYEE judgmental decision may not receive
legal defense by the City.
10.2 An EMPLOYEE who is charged with a traffic violation, ordinance violation or criminal
offense arising from acts performed within the scope of the EMPLOYEE's employment,
when such act is performed in good faith and under direct order of the CITY shall be
reimbursed for reasonable attorney's fees and court costs actually incurred by such
EMPLOYEE in defending against such charge.
6
10.3 An EMPLOYEE classified as Level D in the Water area will be covered by the CITY's
professional liability coverage and if, necessary, named separately in the policy.
ARTICLE 11. RIGHT OF SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of the CITY from
subcontracting work performed by EMPLOYEES covered by this AGREEMENT.
ARTICLE 12. DISCIPLINE
The EMPLOYER will discipline employees only for just cause. Suspension, demotion and
dismissal actions shall be regulated by the Personnel Code.
ARTICLE 13. SENIORITY.
13.1 Seniority will be the determining criterion for transfers,promotions and layoffs only
when all job-relevant qualification factors are equal.
13.2 Seniority will be the determining criteria for recall when all job-relevant qualification
factors are equal. Recall rights under this provision will continue for twenty-four(24)
months after lay off. Recalled employees shall have ten(10)working days after
notification of recall by registered mail at the employee's last known address to report to
work or forfeit all recall rights.
ARTICLE 14. PROBATIONARY PERIODS
14.1 All newly hired or rehired EMPLOYEES will serve a twelve (12) month probationary
period.
14.2 Reclassified positions that have exhausted the twelve (12) month probationary period will
serve a six (6)month probationary period. All EMPLOYEES will serve a six month(6)
month probationary period in any job level in which the EMPLOYEE has not served a
probationary period.
14.3 At any time during the probationary period a newly hired or rehired EMPLOYEE may be
terminated at the sole discretion of the CITY.
14.4 At any time during the probationary period a promoted or reassigned EMPLOYEE may
be demoted or reassigned to the EMPLOYEE's previous position at the sole discretion of
the CITY.
ARTICLE 15. SAFETY
15.1 The CITY AND THE EMPLOYEES agree to jointly promote safe and healthful working
conditions, to cooperate in safety manners and to work in a safe manner.
7
15.2 The City will reimburse an employee up to $80 per year,the cost of a City approved
purchase of prescription safety glasses to be used during working hours, not to exceed
$160 in the two (2) year contract period.
15.3 If the safety glasses are damaged or destroyed in the course of City business,the City will
reimburse the employee for the cost of repairs to one pair of safety glasses per year, not to
exceed the original purchase price subject to approval by the Employee's Supervisor.
ARTICLE 16. JOB POSTING.
16.1 The CITY agrees that permanent job vacancies within the department shall be filled
based on the concept of promotion from within provided that applicants:
16.1.1 have the necessary qualifications to meet the standards of the job vacancy; and
16.1.2 have the ability to perform the duties and responsibilities of the job vacancy.
16.2 Employees filling a higher job level based on the provisions of this ARTICLE shall be
subject to the conditions of ARTICLE 14 (PROBATIONARY PERIOD).
16.3 The EMPLOYER has the right of final decision in the selection of employees to fill
posted jobs based on qualifications, abilities and experience.
16.4 Job vacancies within the designated bargaining unit will be posted for five (5)working
days so that members of the bargaining unit can be considered for such vacancies.
ARTICLE 17. INSURANCE
17.1 The CITY will contribute up to a maximum of three hundred fifty dollars ($350)per
month per employee for group health and life insurance for dependent coverage for
calendar 1999, and three hundred sixty dollars ($360) for calendar year 2000.
17.2 EMPLOYEES not choosing dependent coverage cannot be covered at CITY expense for
any additional insurance than the individual group health and group life insurance.
Additional life insurance can be purchased by EMPLOYEES at the EMPLOYEE's
expense to the extent allowed under the CITY's group policy.
ARTICLE 18. INJURY ON DUTY.
The Injury on duty benefit will be sixty (60) days with the first three (3) days to come out of sick
leave and then sixty (60) days injury on duty. Any days beyond the sixty (60) days will then be
taken from the EMPLOYEE's banked sick leave. EMPLOYEES receiving benefits under this
ARTICLE shall not receive payments from the CITY which causes the EMPLOYEE to earn
more than the EMPLOYEE's after tax take home pay earned while working.
8
ARTICLE 19. CLOTHING.
19.1 The CITY will contribute $75 for the two (2) year contract period for the purchase of one
(1) winter jacket The winter jacket is to be cleaned and kept in repair by the employee.
19.2 The City will reimburse an employee up to $80/year or up to a maximum of$160 for the
two year contract period toward the purchase of one pair of safety shoes per year of a type
approved by the City (above the ankle boot with a steel/composite reinforced toe).
ARTICLE 20. STANDBY DUTY.
20.1 EMPLOYEES assigned standby duty for a seven(7) day period shall be compensated at
the rate of 7 hours of overtime. When a holiday falls within the seven(7) day period, an
additional two hours at overtime rate shall be paid. Such standby pay shall be in addition
to other compensation the EMPLOYEE is entitled to under this AGREEMENT including
call back pay should the EMPLOYEE be required to return to the City to perform
emergency work.
20.2 Standby duty will be made available to employees on a voluntary basis. Employees
wishing to be assigned standby duty shall indicate their interest on a list maintained by
the CITY. Employees wishing not to be assigned to standby duty shall not be included in
the equalization of overtime under Article 8.2 and will be placed last on the callback list.
20.3 The EMPLOYEE on standby duty shall first be offered overtime for which he is
qualified. If it is refused, it shall be offered to other employees in accordance with
Article 8.2 of this AGREEMENT.
20.4 In further consideration of standby duty, the CITY shall furnish a vehicle for the
EMPLOYEE to take home at his choosing during the period of standby duty.
20.5 A schedule of employees and their assigned standby duty assignment dates shall be
maintained by the Public Works Supervisor. EMPLOYEES may, with the permission of
the Public Works Supervisor,trade standby duty on a day-to-day basis with other public
works/parks maintenance employees.
ARTICLE 21. PERFORMANCE REVIEWS.
21.1 The CITY will design a performance review form with the input of the EMPLOYEES.
21.2 The CITY will perform a performance review on an annual basis to help guide the
employee in areas which need to be more fully developed and to determine the job level
to which the employee will be assigned for the next fiscal year.
21.3 Performance reviews will be prepared by each employees' supervisor. Appeals must
follow normal City personnel rules.
9
ARTICLE 22. JOB CLASSIFICATION SYSTEM.
22.1 A 4 (four) level job classification system designated as Levels A, B, C and D will be used
to classify employees and establish wages.
22.1.1 Public Services Worker-LEVEL A Requirements
• High School Diploma GED, or equivalent.
• Valid Minnesota Class C Driver's License.
• Successful completion of City's physical examination.
• Demonstrated ability to meet the physical demands of the job; including, but not
limited to, lifting, bending, climbing, reaching overhead,pushing, and pulling
with out restriction.
• Demonstrated ability to read, understand, and follow written and oral instructions
including safety rules.
• Demonstrated ability to perform job responsibilities in climatic extremes.
• Demonstrated ability to perform routine repair and maintenance tasks in the
following sections: Streets, Parks, Building Maintenance, Sewer, Water, &
Vehicle Maintenance
22.1.2 Public Services Worker-LEVEL B Requirements
• Meet or exceed all Level A requirements; and
• Successful completion of one or more years of relevant experience.
• Possession of valid Minnesota Commercial Driver's license plus endorsements
required by the CITY.
• For current Level A employees, the following areas must be satisfactory on the
most recent performance review: (For new employees coming in at Level B these
areas will be judged by their references in relevant work experiences)
• Safe work practices and safe driving record.
• Adherence to tardiness and sick leave policies.
• Demonstrated ability to deal effectively and tactfully with the public.
• Demonstrated ability to work with a minimum of on-site supervision.
• Working knowledge of job fundamentals.
• Adherence to all City policies and procedures.
22.1.3 Public Service Worker- LEVEL C Requirements
• Meet or exceed all Level B requirements; and
• Successful completion of 3 or more years of relevant experience.
• For employees with primary responsibility in the indicated area, the following
license/certificate will be required.
• All areas - Successful completion of a certified heavy equipment training
program or equivalent training and experience.
• Water- Class D Water Supply System Operator's Certificate
• Sewer- Class S D Waste Water Operator's Certificate
10
• Mechanic - Certification of successful completion of training in brakes,
alignments,transmissions and driveline components, and vehicle electrical
systems; and demonstrated proficiency in welding.
• Streets - City certification in snow plowing, street patching, and demonstrated
proficiency in both.
• Parks - Basic proficiency in carpentry and plumbing demonstrated on the job to
the satisfaction of the Parks and Recreation Director.
• For current Level B employees,the following areas must be satisfactory on the
most recent performance review: (For new employees coming in at Level C these
areas will be judged by their references in relevant work experiences)
• Working knowledge of all operations, preventive maintenance, and routine repairs
of equipment operated or assigned to operate.
• Working knowledge of methods and materials used in their areas of
responsibility.
• Demonstrated ability to work without direct on-site supervision and to make on-
site decisions related to work assignments.
22.1.4 Public Service Worker - LEVEL D Requirements
• Meet or exceed all requirements of Level C; and
• Successful completion of 5 years of relevant work experience.
• For employees with primary responsibility in the indicated area, or temporarily
assigned to an area and in responsible charge, the following license/certificates
will be required:
• Water- Class B Water Supply System Operator's Certificate
• Mechanic - Certification in computerized and electronic components, hydraulic
systems, and completed training in propane fuel systems.
• Parks - Minnesota Non-Commercial Herbicide/Pesticide Applicator
License/Certificate and completion of liability training in parks operations (LMC
Safety and Loss Control Workshop). Attendance at a workshop or seminar
related to turf management and demonstration of a working knowledge of those
principles.
• Streets - Certification of completion of training in MMUTCD signing, attendance
of work zone safety class, demonstrated ability to supervise contract labor and
perform all designated tasks of accountability, ability to formulate preliminary
division budget and maintain proper budgetary expenditures and completion of
liability training for public works operations (LMC Safety and Loss Control
11
Workshop)
• Sewer- Class S-C Waste Water Operator's Certificate. Demonstrated ability to
effectively and efficiently operate jet truck for clearing sewers and cutting roots
and inspection unit. Attendance of combined space and competent person
seminar. Ability to formulate preliminary division budget and maintain budgetary
expenditures.
• Multiple Areas - Employees who meet the requirements for Level C classification
in 3 or more areas; and must be normally assigned to these areas on a regular
basis; irrespective of standby duty. Employees achieving Level D classification
for skill in multiple areas must make substantial effort on an annual basis to
receive the training and achieve required licensing for Level D in the area to
which they are primarily assigned.
• For Level C employees,the following areas must be satisfactory on the most
recent performance review in order to be classified as Level D.
• Demonstrated ability to lead a work crew.
• Demonstrated ability to assist in scheduling other employees, materials,
equipment and activities.
• Demonstrated ability to assist in training of other employees.
• Working knowledge of operations in all departments.
• Demonstrated ability to assume supervisory duties in the absence of the Public
Works Supervisor.
• Demonstrated ability to respond to and resolve complaints effectively.
ARTICLE 23. SEVERANCE
23.1 Severance pay shall be granted in the amount of fifty percent(50%) of the maximum
accrual of one hundred and twenty (120) days of unused sick leave to employees who
have completed ten years of service. Upon death of the employee, the beneficiary of the
employee shall be paid the benefit.
23.2 Employees who have completed ten years of service and retire may elect, in lieu of
severance pay as provided in Section 23.1,to have the employer use sixty five percent
(65%) of the employee's accumulated and banked sick leave for the retiree's group
insurance premium for as long as the funds are available up to the retiree's 65th birthday.
ARTICLE 24. WAGES.
24.1 The following wage schedule will be in effect from the first payroll period in 1999
through the last payroll period in 2000.
12
1999 (3%) 2000 (3%)
LEVEL A $12.62 per hour $13.00 per hour
LEVEL B $14.81 per hour $15.25 per hour
LEVEL C $17.15 per hour $17.66 per hour
LEVEL D $17.51 per hour $18.04 per hour
24.2 An EMPLOYEE classified in Levels B through D will receive wages listed for that level
regardless of the area to which they are assigned, but will receive no less than the level to
which they are classified.
24.3 New employees starting salary will be a percentage of the determined four level job
classification system. Adjustments will occur throughout the first year of employment
resulting in 100% of the determined level upon completion of the employees
probationary period. Starting salary resulting from job level reclassification will also be a
percentage of the determined four level job classification system. Adjustments will occur
throughout the probationary period, resulting in 100% of the determined level upon the
end of the probationary period. Adjustments for new employees and job level
reclassifications are not automatic. Adjustments are based upon performance and
discretion of Public Works Director.
ARTICLE 25. INTERMITTENT LEAD WORKER
25.1 Under certain circumstances, the Public Works Director as well as the Parks and
Recreation Director may determine the need for an Intermittent Lead Worker to be in
charge of a work crew. This determination will be made at the discretion of the Public
Works Director as well as the Parks and Recreation Director and may be based on the
complexity of a task,the number of workers involved,the experience level of the workers
assigned, or a combination of these factors. The determination of the Public Works
Director as well as the Parks and Recreation Director is final and not grievable.
25.2 The CITY will maintain a sign-up list for those EMPLOYEES who are to be considered
for Intermittent Lead Worker assignments. Selections for Lead Workers will be made
from this list in accordance with the Public Works Director's determinations of the best
qualifications. There will be no attempt to equalize distribution of Intermittent Lead
Worker selections.
25.3 To be eligible on the sign-up list an employee must be classified as a Public Services
Worker- Level D. Selections will be only for those areas in which the individual is
classified.
25.4 The Lead Worker will receive a pay differential of$0.50 per hour while assigned as the
Lead Worker.
13
ARTICLE 26. DEPARTMENT LEAD DESIGNATION
An employee who has been designated by the City to be Department Lead shall receive $1.00 per
hour additional compensation.
ARTICLE 27. DURATION.
This AGREEMENT shall be effective as of January 1, 1999 and shall remain in full force and
effect until December 31, 2000.
IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on this th
day of , 1998.
CITY OF MOUNDS VIEW:
Mayor
City Administrator
EMPLOYEES:
Steve D. Dazenski
Lawrence Decheine
William G.Hanggi
William G. Hanson
Gary G. Kardell
Wallace R. Mortenson
Michael Schnur
Jeffrey Wienke
Timothy Fredberg
Bruce Meehan
14
r7/ V
City of Mounds View Staff Report
To: Honorable Mayor & members of the City Council
From: Bruce A. Kessel, Finance Director
Item Title/Subject: Update on YMCA contract & interim agreement
Date of Report: December 11, 1998
Today, I met with representatives of the YMCA and Scott Riggs from Kennedy & Graven on the
proposed contract for the YMCA's management of the City's Community Center. While work
on the contract is proceeding, it is not yet in a form that staff,the attorneys, and the YMCA are
comfortable in bringing before you for approval. We anticipate that we will have a revised draft
of the contract for your review within the next several weeks.
We have discussed an interim arrangement with the YMCA whereby they would put together
and supervise winter programming for the City until the contract is finalized and approved. The
general terms of this arrangement would be that the YMCA would provide an individual for V2
time through the end of the year and full time after year-end. The individual is who the YMCA
is proposing would oversee the Community Center and Recreation programming when the
contract is approved. The City would reimburse the YMCA for its direct cost of the employee
(salary and benefits). The City would provide two full time equivalent employees to assist in the
transition- the existing City recreation intern and a golf course employee who had previously
worked as an intern for our recreation department. The term of the arrangement would be the
earlier of the date the contract is approved or January 31, 1999. If for some unseen reason the
City and YMCA are unable to terms,the City would also agree to reimburse the YMCA for its
costs associated with putting together program brochures and general supervision.
A draft of the proposed interim agreement should be available for your review on Monday night.
The YMCA is putting together the program for winter programming and has tentatively
scheduled its individual to start working on our programming December 15th.