HomeMy WebLinkAboutAgenda Packets - 1998/12/07 • CITY OF MOUNDS VIEW
AGENDA
December 7, 1998
6:00 p.m,
SPECIAL MEETING
1. CALL SPECIAL MEETING TO ORDER
2. ROLL CALL: McCarty, Stigney,Koopmeiners,Quick, Gunn
3. NO CONSENT AGENDA
4. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
A. Citizens: Before speaking must give their full name and address for the minutes.
5. COUNCIL BUSINESS �/146)—
A. 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
6. REPORTS
7. END OF SPECIAL MEETING
WORK SESSION
Items Discussed
Per Consensus
1. Discussion of Telecommunications Bids.
2. Discussion of Custodial/Cleaning Services for Community Center ` i
3. Discussion of Public Works and Parks Maintenance Bargaining Unit WV-
Labor Agreement Contract.
ruu
4. Discussion of Children's Home Society Lease Agreement. Let
5. Discussion of Concurrent Detachment and Annexation of Bridges Golf i y''
Course Parcel within Blaine City Limits.
6. Review and Discussion of Plans and Costs of the Realignment of
Edgewood Drive.
Page 2
7. Status Report and Discussion Concerning the Mermaid Hotel and Banquet 40 0--
Center Project.
8. Review of Tax Increment Financing (TIF)Districts. 19d WO'
9. Discussion of Police Chief's Resignation. C, yla., s `l-''
10. Discussion of Food Service at Community Center. c) f!
CLOSED SESSION
11. Discussion of Severance Packages for Mary Saarion and Mary Johnson.
END OF CLOSED SESSION
MEMO December 4, 1998
To: Honorable Mayor and City Council
From: Chuck Whiting, City Administrator
Re: December 7, 1998 City Council Work Session
Special Council Meeting - Item 1: Ordinance 622: For Monday evening, we are asking the
Council call to order in order to for consideration of Ordinance 622,the franchise fee ordinance. The
Council has gone through the required hearings and readings. Bruce will review the timing with
NSP on the implementation of the new rate. Apparently some additional time is needed for NSP to
implement the new 3% rate, and rate payers may not see the change until March. This may also
impact the city's revenue side of the budget.
Work Session Meeting-Item 1 -Telecommunications Bids: Tracy Sanchez has been coordinating
the new telephone system bids and specifications for City Hall and the community center and will
report Monday evening. The Council will be asked at the December 14 meeting to award the bid
for the phone system allowing staff to set up for the opening of the community center.
Item 2 -Custodial/Cleaning Services for Community Center: Staff has been working options for
keeping the Community Center clean. There still are several options,but the cleaning needs appear
to be sorting in three ways. First,there is the cleaning,take down and set up needed for the banquet
center. Part time on call employees are being sort for this work and will be used in coordination with
Sharie Linke's efforts in managing the banquet center. Options exist here as well to extend their use
beyond the banquet center if and where needed. Second,there is the full building cleaning. We are
checking into cleaning services and anticipate this to be done as a late night early morning service.
It may be that the day time cleaning associated with the banquet center and part time employees may
lessen the need for a full scale all out service. We are also checking into the additional work that our
current City Hall janitor and his fill ins may be able to do. For now however, I am asking staff to
continue reviewing these options as part of a menu of cleaning options. It may be that in the end we
maintain associations with each of these options and utilize as warranted in the building. Third,
building maintenance items will crop up, such as routine and scheduled checks of mechanical items,
but also the simple painting touch-ups,nicks and scratches and so forth that will need some attention.
Currently,we are looking at this maintenance as being under the direction of public works through
the current parks maintenance staff. Further work will be needed to delineate all duties, but in
general it appears to be the proper place for oversight.
I sort these three areas out because I have found that in our discussions the three areas often get
crossed and create confusion on how best to go about "cleaning." Tracy and Bruce have been
working on many of the particulars here and can review them if necessary Monday evening. What
I would like to accomplish with the Council is that staff will present some mix of options, some of
which may require a contractual agreement that will need Council approval. Since we are so late
in the game on this, and will not truly know our cleaning needs fully until we are in the building, I
feel we will need some flexibility. I am also deliberately approaching this issue as anticipating the
higher cost of cleaning for budgeting purposes. This would allow the city to pare back on cleaning
costs if we have achieve some sort of overkill on the issue,rather than going into building operations
with minimal cleaning costs anticipated and finding we need to increase service and costs. I would
not want to waste the time needed to secure a higher cost for cleaning when the building is not being
kept up on a day to day basis. So,we will update you on where we are at and brief you on what you
can expect from staff for cleaning arrangements at the December 14 meeting.
Item 3 -DPW Labor Agreement: Carl has worked on this and will report Monday.
Item 4 - Children's Home Society Lease Agreement: Cari has been working on this item having
to do with the lease arrangements previously discussed for 1999.
Item 5 - Concurrent Detachment and Annexation of Golf Course Parcel: This matter can be
explained by staff on Monday.
Item 6-Edgewood Drive Realignment: Staff has been working with SEH on the next step for this
item and would like to review it with Council Monday.
Item 7 -Mermaid Project Status: Rick will review the status of this effort.
Item 8 - Tax Increment Financing: Last month we had some discussion at the Council about
whether some TIF parcels could be decertified. Bruce responded to me with the enclosed memo.
I also recall saying we would bring the issue up at the next work session. Recognizing that a new
majority will be coming onto the Council after January 1, I don't know just how much time the
Council would like to put in, but some discussion appears warranted.
Item 9 -Police Chief Resignation Notice: Tim Ramacher has submitted his resignation effective
June 1, 1999. This gives us some time to prepare for replacing him or considering other options.
Again, since there will be a new Council majority after first of the year,I would suggest authorizing
staff to arrange for a joint meeting of the Civil Service Commission and the new Council and staff
to review options and sort out a direction,perhaps as part of the January 4, 1999 work session.
Item 10 - Community Center Food Service: Bruce has prepared a memo on this item and will
discuss it with Council Monday.
Item 11 -Severance Packages: Staff needs to meet with the Council to review severance package
options for displaced Parks and Recreation personnel. This item should be done in closed session.
That's it for now at the end of a very busy week. Have a good weekend and see you Monday.
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
electrical 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%) 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 Ordinances 517 and 518.
SECTION II. STATEMENT
A franchise fee is hereby imposed on Northern States Power Company, a Minnesota
Corporation, for its electrical and gas franchises granted by the City of Northern States Power
Company's gross revenues as defined by Section 4.2 of the Franchise Agreementsas follows:
a. 2.5%on said gross revenues through February 28, 1999; and
b. 3% on said gross revenues thereafter.
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
Any such supplier may add to its effective rates for the utility services on which the public utility
gross earnings tax is imposed, a surcharge to reimburse such supplier for the cost of the tax.
SECTION V. PROOF OF COMPANY FINANCIAL STATUS
Each said company shall make each payment when due and shall furnish therewith a complete
and correct statement of revenues for the period. Such company shall permit the City and its
representative free access to the company's records for the purpose of verifying such statements.
Ordinance 622
Page 2
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
Notwithstanding any contrary provisions in Section 4 of the present Electric Energy Franchise
Agreement and Gas Energy Franchise, Ordinance Nos. 517 and 518 respectively,the effective
date of this ordinance is thirty(30) days after its publication and thirty(30) days after the sending
of written notice enclosing this proposed ordinance upon Northern States Power Company by
certified mail. The City and Northern States Power Company acknowledge that the effective date
of this ordinance upon thirty(30) days after the sending of written notice enclosing this proposed
ordinance to Northern States Power Company by certified mail is a deviation from the
requirement of Section 4.1 of both Ordinance Nos. 517 and 518, and that the requirements of
Section 4.1 of both Ordinance Nos. 517 and 518 shall control future franchise fee agreements
between the City and Northern States Power Company.
SECTION VIII. SUNSET CLAUSE
This ordinance shall automatically sunset on December 31, 2000.
Ordinance Introduction: October 13, 1998
Ordinance Adoption: December 7, 1998
Date of Publication: December 9, 1998
Effective Date: January 9, 1999
ATTEST:
Mayor
(SEAL)
Clerk-Administrator
APPROVED AS TO FORM:
City Attorney
CITY OF MOUNDS VIEW
AGENDA
December 7, '1998
6:00 p.m.
SPECIAL MEETING
1. CALL SPECIAL MEETING TO ORDER
2. ROLL CALL: McCarty, Stigney,Koopmeiners, Quick, Gunn
3. NO CONSENT AGENDA
4. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
A. Citizens: Before speaking must give their full name and address for the minutes.
5. COUNCIL BUSINESS YltA
A. 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
6. REPORTS
7. END OF SPECIAL MEETING
WORK SESSION
Items Discussed
Per Consensus
1. Discussion of Telecommunications Bids. fl'(u- 1, 1-/
2. Discussion of Custodial/Cleaning Services for Community Center. t
3. Discussion of Public Works and Parks Maintenance Bargaining Unit C,au'1 k
Labor Agreement Contract.
4. Discussion of Children's Home Society Lease Agreement. l '
5. Discussion of Concurrent Detachment and Annexation of Bridges Golf d;, y'v,.
Course Parcel within Blaine City Limits.
6. Review and Discussion of Plans and Costs of the Realignment of 'Y 0/4
Edgewood Drive. °�
i
Page 2
7. Status Report and Discussion Concerning the Mermaid Hotel and Banquet
Center Project.
8. Review of Tax Increment Financing (TIF) Districts. 93100--
9.
Discussion of Police Chief's Resignation. tit-'
10. Discussion of Food Service at Community Center. {)
CLOSED SESSION
11. Discussion of Severance Packages for Mary Saarion and Mary Johnson.
END OF CLOSED SESSION
MEMO December 4, 1998
To: Honorable Mayor and City Council
From: Chuck Whiting, City Administrator
Re: December 7, 1998 City Council Work Session
Special Council Meeting - Item 1: Ordinance 622: For Monday evening, we are asking the
Council call to order in order to for consideration of Ordinance 622,the franchise fee ordinance. The
Council has gone through the required hearings and readings. Bruce will review the timing with
NSP on the implementation of the new rate. Apparently some additional time is needed for NSP to
implement the new 3% rate, and rate payers may not see the change until March. This may also
impact the city's revenue side of the budget.
Work Session Meeting-Item 1-Telecommunications Bids: Tracy Sanchez has been coordinating
the new telephone system bids and specifications for City Hall and the community center and will
report Monday evening. The Council will be asked at the December 14 meeting to award the bid
for the phone system allowing staff to set up for the opening of the community center.
Item 2-CustodiaUCleaning Services for Community Center: Staff has been working options for
keeping the Community Center clean. There still are several options,but the cleaning needs appear
to be sorting in three ways. First,there is the cleaning,take down and set up needed for the banquet
center. Part time on call employees are being sort for this work and will be used in coordination with
Sharie Linke's efforts in managing the banquet center. Options exist here as well to extend their use
beyond the banquet center if and where needed. Second,there is the full building cleaning. We are
checking into cleaning services and anticipate this to be done as a late night early morning service.
It may be that the day time cleaning associated with the banquet center and part time employees may
lessen the need for a full scale all out service. We are also checking into the additional work that our
current City Hall janitor and his fill ins may be able to do. For now however, I am asking staff to
continue reviewing these options as part of a menu of cleaning options. It may be that in the end we
maintain associations with each of these options and utilize as warranted in the building. Third,
building maintenance items will crop up, such as routine and scheduled checks of mechanical items,
but also the simple painting touch-ups,nicks and scratches and so forth that will need some attention.
Currently,we are looking at this maintenance as being under the direction of public works through
the current parks maintenance staff. Further work will be needed to delineate all duties, but in
general it appears to be the proper place for oversight.
I sort these three areas out because I have found that in our discussions the three areas often get
crossed and create confusion on how best to go about "cleaning." Tracy and Bruce have been
working on many of the particulars here and can review them if necessary Monday evening. What
I would like to accomplish with the Council is that staff will present some mix of options, some of
which may require a contractual agreement that will need Council approval. Since we are so late
in the game on this, and will not truly know our cleaning needs fully until we are in the building, I
feel we will need some flexibility. I am also deliberately approaching this issue as anticipating the
higher cost of cleaning for budgeting purposes. This would allow the city to pare back on cleaning
costs if we have achieve some sort of overkill on the issue,rather than going into building operations
with minimal cleaning costs anticipated and finding we need to increase service and costs. I would
not want to waste the time needed to secure a higher cost for cleaning when the building is not being
kept up on a day to day basis. So,we will update you on where we are at and brief you on what you
can expect from staff for cleaning arrangements at the December 14 meeting.
Item 3 -DPW Labor Agreement: Cari has worked on this and will report Monday.
Item 4-Children's Home Society Lease Agreement: Cari has been working on this item having
to do with the lease arrangements previously discussed for 1999.
Item 5 - Concurrent Detachment and Annexation of Golf Course Parcel: This matter can be
explained by staff on Monday.
Item 6-Edgewood Drive Realignment: Staff has been working with SEH on the next step for this
item and would like to review it with Council Monday.
Item 7-Mermaid Project Status: Rick will review the status of this effort.
Item 8 - Tax Increment Financing: Last month we had some discussion at the Council about
whether some TIF parcels could be decertified. Bruce responded to me with the enclosed memo.
I also recall saying we would bring the issue up at the next work session. Recognizing that a new
majority will be coming onto the Council after January 1, I don't know just how much time the
Council would like to put in, but some discussion appears warranted.
Item 9-Police Chief Resignation Notice: Tim Ramacher has submitted his resignation effective
June 1, 1999. This gives us some time to prepare for replacing him or considering other options.
Again, since there will be a new Council majority after first of the year, I would suggest authorizing
staff to arrange for a joint meeting of the Civil Service Commission and the new Council and staff
to review options and sort out a direction, perhaps as part of the January 4, 1999 work session.
Item 10 - Community Center Food Service: Bruce has prepared a memo on this item and will
discuss it with Council Monday.
Item 11 - Severance Packages: Staff needs to meet with the Council to review severance package
options for displaced Parks and Recreation personnel. This item should be done in closed session.
That's it for now at the end of a very busy week. Have a good weekend and see you Monday.
Item No. 1
Meeting Date: 12-07-98
Type of Business: WS
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, Office Communications Coordinator
Item Title/Subject: Reconsideration of Community Center and City Hall
Telecommunication Needs
Date of Report: December 5, 1998
At the November 2 work session, staff brought to Council's attention the need to replace our existing
telecommunication system's hardware and software for Y2K(Year 2000)compliance and to also support
additional needs at City Hall and the Community Center.
In regards to these issues, staff was directed by Council to advertise and go out for Telecommunication Bids.
' I have attached a copy of the recommended telephone system specification and requirements from Comdial
and also a copy of the proposed maintenance agreement.
The Comdial Telephone System was one of four bids that staff received. The following chart will show the
proposals that were received:
Company Type of Total Total Cost Monthly
Name System Compliance on Maintenance
Bid Form Agreement
Cost
Communications Toschiba DK 8 -No's $47,625.00 $161.00
World 424
McLeod USA ESI 0 -No's $50,250.00 $175.00
Executone Executone 4 -No's $53,833.00 $369.40
Action Systems Comdial 0-No's $42,600.00 $286.00
The preferred bid is Action Systems"Comdial."Mike Marko from Action Systems will be at the Work,
Session for any questions Council may have.
As the opening of the Community Center is rapidly approaching, staff will be presenting the Comdial
Telephone Systems Agreement at the December 14 City Council Meeting.
Ygt t.(`YLkrte L Z
Tracy Sanchez,
Office Communications Coordinator
TELEPHONE SYSTEM SPECIFICATIONS&REQUIREMENTS
Bid Form
Please indicate compliance with each line item in the space pry:ided. Exceptions
to these specifications must be listed on a separate page of bi..der's submission.
Exceptions may render a bid as being non-compliant if the .:aviation from the
original specification is considered substantial. The City of Mounds View will
make judgement as to what is considered substantial.
Description: Comply-YES OR NO
A. Line Information
1. Up to 24 DID or CO lines on Local T-1 YES
2. Up to 8 Analog CO lines YES
B. Station Port Requirements
I. Forty-four(44) System Phones YES (1)
2. Eight(8)Voice Processing Ports YES
3. Eight(8) Industry Standard Ports YES
C. Processor and Card Requirements
1. Digital Hybrid PBS with growth capability up to Two
Hundred Twenty-four(224) ports without adding YES
additional Processor Upgrades or Software Expense
2. Built-in modem for Remote System Programming
and Maintenance YES
3. Passive backplane allowing for hot swapping of line
and station cards YES
4. Music on hold coupling port YES (2)
5. External Paging port YES
Page 4 •
TELEPHONE SYSTEM SPECIFICATIONS&REQUIREMENTS
D. Telephone Requirements and Analog Devices
1. Six(6)each- Single Line Analog Sets, Wall YES
Mountable
2. Fourteen(14)each-Digital Telephone Sets with 3 color
LED's, 31 Lighted programmable keys, and 2x16
Line Display with 3 interactive keys. YES
3. Twenty-six(26)each-Digital Telephone Sets with 3 color YES
LED's and 18 Lighted programmable keys.
E. Voice Processing Requirements
1. Eight(8) Port Voice Processing Platform YES (3)
2. Minimum 100 hours of storage YES
3. Ability to interact with voice mail prompts from any
system display phone. YES
4. Ability to migrate to NT platform with software only YES
change
5. Interview/question mailbox capability(feature included- YES
requiring programming only)
6. Keyboard and monitor for Administration YES
7. Capability to add Universal Messaging(integrating
Voicemail, e-mail & fax), e-mail reader, and Visual Call
Management(visually view voice messages)without
changing platform - software only. (Fax board may be
required.) YES (4)
F. Additional Equipment Requirements YES (5)
1. Fifty(50) reuse wire runs
2. One(1) hour minimum battery backup YES
Page 5
TELEPHONE SYSTEM SPECIFICATIONS&REQUIREMENTS
3. Surge Protection for Line Voltage, CO &TI lines, and
any PBX interface YES
G. Critical Features and Functionality sues
1. Year 2000Compliance YES
2. SMDA(Station Message Detail Accounting)
available traffic measurement/management YES
reports. The proposed system should generate
summary and detailed information by line and
by station.
3. Call record, listen, and pickup YES
4. Park and Pick up YES
5. Automated Park and Page through Auto-Attendant YES
(feature included-requiring programming only).
6. SOHVA- Subdued Off Hook Voice Announce
(whisper info to phone user over handset without YES
calling party hearing)
7. Ability to distinguish between Call Forward Busy
and Call Forward Ring No answer(feature included- YES
requiring programming only)
8. ACD(Automatic Call Distribution). Ability to queue
calls waiting to reach department or individual and
notify the waiting party their position in line YES
(feature included-requiring programming only)
•
H. Base Price
$ 33,970 (6) Base price installed as per specifications(do not include tax)
$ 6,860 (6) Labor and installation
$ 1.762.15 All applicable taxes
Page 6
TELEPHONE SYSTEM SPECIFICATIONS&REQUIREMENTS
I. Options
$ 1,480 (7) Add four(4)ports to voice processing-standard
$ 5,225 (8) Add for NT based voice processing system with 64 Meg
RAM,MC Card, Tape Backup, Sound card, CD ROM and
Five(5)seats of Visual Call Management(Visual Voice
Mail Software)
$ 835 (9) PC Based Attendant Software
$ 1,250 (10.) PC Based for individual phone user(each and multiple
users)
$ 286 (11) Indicate option packages for Maintenance Agreement
beyond one(1)year
$ see addm(12)Cost of additional telephones
J. Vendor Comments
K. Year 2000 Compliance
ACTION SYSTEMS warrants that the hardware and software offered in response
to this RFP/bid specification developed or modified by said company and used
before, during and after the turn of the century shall not experience abnormal
ending and/or produce invalid or incorrect results in the operation of the business
of the City of Mounds View.
All dated fields shall include the correct century date field which recognizes the
date with the correct century,calculate same century,and multi-century formulas
and data values and interface values regarding the century.
page 7
TELEPHONE SYSTEM SPECIFICATIONS&REQUIREMENTS
•
K. Year 2000 Compliance (continued from page 4)
ACTION SYSTEMS will thoroughly test the capacity to manage multi-century
dates prior to the use of the year 2000 date and warrants that ail code adjustments
required will be completed in a timely manner and not at a cost to the City of
Mounds View.
This warranty shall be in effect until December 31,2000 or one year after system
production,whichever is later.
I, MICHAEL MARKO understand and agree with the foregoing
requirements.
I, MICHAEL MARKO understand that all of the information provided by the
bidder is subject to verification,and that acceptance of this bid is
conditional upon verification of specifications as stated above.
I, MICHAEL MARKO understand and agree that failure on the party of the
Bidder to provide accurate complete information on this application may be
deemed sufficient cause for disqualification or rejection.
09, A
MICHAEL J. 14)', NEIiA -P1rANAGER
FOR ACTION STEMS, A DIV.. OF ACTION TELECOM, INC.
Date NOVEMBER 24, 1998
Page 8
ACTION SYSTEMS
ADDENDUM TO TELEPHONE SYSTEMS
BID FORM
FOR CITY OF MOUNDS VIEW
(1) The system would be have sufficient station cards to support 48 digital
Comdial Phones.
(2) Music on hold supports two different sources. This allows music over
paging speakers and a separate message for callers on hold. Or, you can
have a different on hold message for the administrative offices and the
community center.
(3) Our enhanced DOS based system (necessary to allow most cost effective
migration and expansion) operates on a Pentium or AMD K6 based platform
with 64 Meg of RAM, greater than 2 Gigabytes of Hard Drive Storage, CD
ROM, modem, SVGA Monitor, Keyboard & mouse. This system utilizes D-
41-H Dialogic Voice Processing Interface cards (or equivalent) required for
future installation of Windows NT Based system operation.
Please Deduct $1,860.00 if you desire to use standard grade Voice
Processing cards less than Dialogic D-41-H required for NT. Please note: if
not indicated most voice processing systems today are using boards that
will not migrate to NT based platforms.
You may deduct $920.00 if you provide the PC, Monitor, & Keyboard with
required minimum specifications (see (3) above, the hard drive is the most
important element).
(4) Requires minimum Platform & D-41-H cards as described in (3) above. Fax
board hardware is required if fax retrieval or fax mail is desired.
(5) This assumes reusing existing cabling and jacks to the main distribution
frame (MDF) located in the present phone room. We have also included
extending the main distribution frame to the area on the reverse side of the
existing wall where the new voice and data cabling has been terminated
from the community center. This wall is where the new equipment would be
located as well as the wiring connections. Some of the existing cabling and
blocks may be retained in the old area to provide the cleanest transition of
service and facilities.
City of Mounds View—Telephone Systems Bid Form Addendum Page 1
(6) This price includes the labor for system installation, programming, and MDF
& cabling changes indicated in note (5) above. This also includes system
design consulting, system configuration, telephone company service
coordination, training, and follow up system reprogram within 30 days of
initial installation for final fine tuning adjustments after use. Terms are 40%
with acceptance of proposal, 50% due at time of system activation, and
balance due net 15 days.
(7) $1,480.00 for 4 additional ports with D-41-D (or equivalent) for standard
DOS based system (if added at time of original order only).
(8) Price listed is for Windows NT based system on existing proposed platform
with 8 ports. This assumes that office network interface is completed by
customer's IS network administrator.
The following are options that may be added to the NT System (these prices
are for software only and may be utilized individually [except e-mail reader
requires Unified Messaging]):
Add $2,320.00 Fax Mail / Fax Retrieval w/1 port
Add $3,970.00 for Unified messaging (e-mail and voice mail) with 50 seats
of Visual Call Management.
Add $840.00 for E-mail reader to have e-mail converted text to speech (per
session —simultaneous users)
(9) Comdial Impact Attendant - PC Based Attendant Single User License.
Software only.
(10) Comdial's Impact Group including Wideopen.office— 5 user license.
Software only.
(11) See attached Maintenance Agreement. This pricing is based on system
configured as proposed without options.
(12) The following is a list of individual telephones and cost
ITT Single Line Wall Phones $42.00
Comdial Scout 900 MHz Multiline LCD Cordless Phone 970.00
Comdial 8201 N Impact SCS Digital Single Line Telephone 145.00
Comdial 8212N Impact SCS Digital 12-Line Telephone (non-monitor) 190.00
City of Mounds View—Telephone Systems Bid Form Addendum Page 2
Comdial 8212S Impact SCS Digital 12-Line Speakerphone 280.00
Comdial 8312S Impact SCS Digital 12-Line LCD Speakerphone 310.00
Comdial 8324S Impact SCS Digital 24-Line LCD Speakerphone 340.00
Comdial 8324F Impact SCS Digital 24-Line LCD Full Duplex 495.00
Comdial 8412S Impact SCS Digital 12-Line Lrg Scrn LCD Spkrphn 440.00
Comdial 8412F Impact SCS Digital 12-Ln Lrg Scrn LCD Full Duplex 580.00
Comdial IB24X Impact SCS Digital DSS/BLF Console 24 Button 280.00
Comdial IB48X Impact SCS Digital DSS/BLF Console 48 Button 360.00
City of Mounds View—Telephone Systems Bid Form Addendum Page 3
f CT11111 SYSTE111S
TA Av OF TELECOM,INC.
4135 HIAWATHA AVENUEE S,MINntEArous,MN 55406
MAINTENANCE AGREEMENT
Customer: City of Moundsview Agreement Period: One Year
Payment Amount: $286.00 Billing Period: Monthly
Effective Date: 12/01/99 Expiration Date: 12/01/00
Your Level A2 Service Support Agreement gives you complete coverage for parts & labor during normal
business hours (8-5) Monday through Friday (excluding holidays). Response time varies with the severity of
problem. (see addendum)Emergencies outside business hours will be handled on a time and material basis.
This agreement will not cover the cost of any repairs, adjustments, or replacements necessitated by misuse,
abuse, accident or by work performed on these items by other than Action Systems personnel. This
agreement does not cover any changes in original setup, additions, deletions, or moves to the items which
would be otherwise covered by a supplemental agreement, or service necessary to correct common carrier
faults or AC power anomalies. Our agreement covers only the equipment listed below and assumes surge
protection on AC line voltage and all connected devices. Any problems caused by existing cabling and main
distribution frame are responsibility of customer.
Customer agrees to provide a dedicated electrical outlet and, if necessary, a company-specified AC line
conditioner. This proposal may be withdrawn by Action Systems, if not accepted within 30 days. Yearly
maintenance contract will automatically renew on expiration date unless cancellation notice is received 30
days prior to expiration.
LEVEL A2 SERVICE SUPPORT
QTY ITEM DESCRIPTION
1 DXPM Impact 224 16X32 Package
1 DXPSW-DLRP Impact 224 Enhanced Universal Software
1 BBLDX Comdial DXP Battery Backup
6 255441-MBA-20M Itt Single Line Wall Phones (Bk)
26 8212N-FB Impact SCS Digital 12-Line Telephone
14 8324S-FB Impact SCS Digital 24-Line LCD Speakerphone
2 +DIALEXO4P Key Voice Office 4 Port Dialogic VM expansion
1 COMPO4 Key Voice 4 port Competitive Upgrade
1 Computer Pentium
1 GUM0600 Panamax KSU Surge Protection
1 GUM0516 Panamax CO/16 Surge Protection
1 GUM0572 Panamax DS/2 Two 4-Wire Digital Station Sets
1 GUM0381 Panamax SP/8 Surge Protection
By signing customer acknowledges having read and agreeing to conditions set forth on reverse side of this Agreement.
CUSTOMER ACTION SYSTEMS
BY: BY:
DATE: DATE:
QUALITY >TEAMWORK>ATTITUDE >RESPONSIVENESS >EXCELLENCE
•
Tel Fax
612 721.9000 612 728.3330
Advanced Electronic Systems That Are Easy To Use
November 24, 1998
Summary of Systems Pricing Changes in Bid from original Proposal:
Telephone System Hardware, Software, & 24 (37?) phones (Admin) $19,980
Estimated labor for above 5,000
Battery Backup 1,980
Surge protection 299
Subtotal 27,259
Add for additional telephones (admin & CC) 2,500
Add for reauired card fcr Community center phones additions 1,200
Add for additional labor for Moving MDF & additional phones 1,860
Add for PC provided by Action Systerns (was not in before) 900
Add for Enhanced D-41-H NT Compatible boards 1,800
Total before Discounts $35,519
Misc. Promotional Discounts ($1,549)
Total $33,970
BCTI1111 5 ' STE11l5
A Division of Action Telecom, Inc.
•
4135 Hiar, '.ha As.enue South, Minneapolis. Minnesota 55406
3
Item No.
Type of Business: WK
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 2, 1998
Following negotiations on November 10, the attached 1998 Labor Agreement with Public Works
and Parks Maintenance Bargaining Unit reflects the following new provisions .
• 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
Item No.
Type of Business: WK
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: Children's Home Society Lease Agreement
Date of Report: December 3, 1998
A new lease agreement is being drafted with Children's Home Society to reflect the
following:
CHS pays their 1999 base rent of $30,000 on January 1, 1999, with no monthly
payment to follow for the rest of 1999; and
—► CHS will account for the rent they would have paid each month (based on the
number of children in the facility for each month of 1999) and either pay that
amount after 1999 under terms to be agreed upon, or break the lease; and
—► CHS will install their playground equipment and leave it with the facility if they
break the lease early; and
—► CHS will provide accounting information that demonstrates the fiscal problems
they are currently experiencing.
A draft of this agreement will be ready for your discussion and review at the meeting on
Monday.
reAA,eal."?•Mh.
Cari S idt
Assistant to the City Administrator
P
Item No.
Staff Report No.
Meeting Date: 12/7/98
Type of Business: WK
WK: Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Rick Jopke, Community Development Director
Item Title/Subject: Review of Plans and Costs for the Realignment of Edgewood Drive
Date of Report: December 2, 1998
Summary:
The City Council has previously authorized SEH to prepare plans for the realignment of
Edgewood Drive, City Hall parking lot improvements and for the installation of signal,median
and turn lane improvements on Highway 10 at the new intersection of Edgewood Drive and
Highway 10. There appear to be three areas where additional City direction is needed. These
include the size and location of storm water ponds which should be constructed as part of this
project, size and location of additional parking for City Hall, and whether or not to construct a
cul-de-sac for access to the Midland Videen property. SEH has completed preliminary plans and
cost estimates and will be present at the December 7, 1998 work session to discuss the plans and
the above issues with the City Council.
Recommendation:
This matter is brought to the Council for discussion purposes. Staff requests that the City Council
provide direction to the staff and consultants concerning the above issues so that final plans and
specifications can be prepared.
Rick Jopke, Community Development Director
N:\DATA\US ERS\RICKJO\SHARE\12798.RPT
,58,1
MEMORANDUM
3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL,MN 55110-5118 612 490-2000 800 325-2055 612 490-2150 FAX
TO: Rick Jopke,Mounds View Community Development Director
FROM: Rocky Keehn, SEH
DATE: December 3, 1998
RE: Ponding as part of Edgewood Drive Reconstruction
During the realignment of Edgewood Drive a portion of City Property will be isolated from City Hall
and will be available to be used for alternative uses. We are proposing that this area be considered
for a regional storm water quantity and quality pond. This concept is consistent with the concept
outlined in the Local Water Management Plan and as part of previous drainage studies.
In May of 1996 during the preliminary design of Bronson Drive storm sewer system,the need for a
ponding area in this location was discussed in a letter to the City. Attached for your information is
a copy of the letter which provides background on the ponding previously discussed in this location.
The need for a pond still exists;however,the location has changed with the realignment of Edgewood
Drive.
If a pond is constructed at the intersection of Edgewood Drive and Highway 10, it will treat storm
water from the City Hall,Edgewood Drive,Bronson Drive and Woodlawn Drive. In total over 100
acres of drainage area could be treated at this site. Currently all storm water from this drainage area
goes untreated directly to Rice Creek via the storm sewer system.
The other benefit of a pond in this location is it will reduce storm water discharges to the downstream
storm sewer system. This will provide more protection to the Edgewood Drive residents located on
the west side of Highway 10. The protection is provided by ponding water in the proposed pond and
adjacent wetland and not in the street as it does now.
A pond located near the existing intersection of Highway 10 and Edgewood Drive is ideal. Since the
existing storm sewer system from Bronson Drive and down Edgewood Drive crosses Highway 10 at
this location,the existing storm sewer can be easily altered to drain into the pond. There will be no
additional storm sewer pipe required for a pond in this location. Also,this pond can provide treatment
for any future develop next to Edgewood Drive.
Even if the regional pond is not constructed, it is our opinion that Rice Creek Watershed will
recommended or may even require a water quality pond for the relocation of Edgewood Drive and the
reconstruction of the City parking lot. This assumption is based on the fact that any new development
will drain into a storm sewer system which discharges directly into Rice Creek without any treatment.
An Affirmative Action,
Equal Opportunity Employer
Rick Jopke, Community Development Director
December 3, 1998
Page 2
Also,the City in the past as been a leader in ordinances and projects which promote protection of the
environment and thus a pond for the City project should be considered to be consistent with past
policies.
Alternatives to the regional pond that have been discussed include construction of a pond for the
Edgewood Drive realignment project on the west side of Edgewood Drive and south of City hall. This
pond would provide water quality treatment for the City Parking lot and new section of Edgewood
Drive. If the area on the east side of Edgewood Drive is developed, a second pond would need to be
constructed adjacent to the development. With both these alternatives, none of the storm water
pollutants from the area north of City Hall will be treated.
RJK/rjk/SC
Enclosure
c: Steve Campbell, SEH
S:\W ATER\I PROJEC11MOU N DWONDS.W PD
•
Er-581
3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL,MN 55110 612 490-2000 800 325-2055
ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION
May 23, 1996 RE: Mounds View, Minnesota
Proposed Bel Rae Pond
SEH No. A-MOUND9603.01
Mr. Mike Ulrich
Director of Public Works
City of Mounds View
2401 Highway 10
Mounds View, MN 55112-1499
Dear Mike:
Based on our discussions after the meeting on Tuesday,May 14, 1996,we have prepared a summary
of drainage history and proposed alternatives for the Bel-Rae site. Enclosed is a copy of a meeting
summary prepared by Kelly Bettendorf on the wetland issues discussed with Rice Creek Watershed
District (RCWD) and the Corps of Engineers (COE).
In August 1976, a Comprehensive Drainage Plan was prepared for the City. The purpose of the
report(copied from the text):
Mounds View is typical of many suburban areas in Ramsey County where substantial growth has
occurred, while only limited drainage facilities have been provided. Consequently,there have
been many instances where properties have suffered flooding either by groundwater or surface
water. The occurrences of flooding is most directly related to precipitation. During the spring
of 1975, an extremely wet spring, severe flooding problems were encountered throughout much
of the community. The residents affected by these flooding problems have approached the
community leaders for assistance. Mounds View officials recognized surface water runoff and
high ground water conditions as being the major causes of flooding problems. The Mounds
View Council sought professionals capable of providing them with a plan to reduce, eliminated
or control flooding problems.
The purpose if this report is to provide an ultimate Comprehensive Drainage Plan for the City
of Mounds View, Minnesota.
In the report, it was concluded that the existing drainage system downstream of the Bel-Rae site was
undersized for a 3-year storm event. The standard for storm sewer design was and still is a 5-year
or 10-year event. Using this criteria,the entire downstream system would need to be rebuild or water
rerouted to provide protection for a 5-year or 10-year event.
•
SHORT ELLIOTT
HENDRICKSON INC. MINNEAPOLIS,MN ST.CLOUD,MN CHIPPEWA FALLS,WI MADISON,WI LAKE COUNTY,IN
EQUAL OPPORTUNITY EMPLOYER
•
Mike Ulrich
May 23, 1996
Page 2
Using 5-year storm sewer sizing criteria, the 1977 Drainage Report drained the Bel-Rae site to the
southeast in a 42" storm sewer system (see enclosed Figure 1). The final discharge point was the
pond or wetland just east of the Edgewood School.
In 1984, a second report was done by John Johnson to address some of these same flooding issues.
At this time, we could not find a copy of the report to include any of his conclusion in this letter.
In 1988, a second Drainage Report was done for the Edgewood drainage system which includes the
Bel-Rae site. The purpose of this study was to determine if there were alternatives to the "pipe
plans"proposed in the 1977 report. The 1988 study would also address any drainage needs in Long
Lake Road which was to be reconstructed by the County. A copy of the background discussion in
the 1988 report is enclosed.
This study used several of the existing storage areas to reduce the peak flows to the drainage system.
By using detention storage, the existing downstream storm sewer systems could be used in many
locations, thus reducing the cost of the system proposed in 1977. One of the detention sites was the
wetland located next to the Bel-Rae.
In 1988,the Wetland Conservation Act had not been passed. Therefore,it was felt that the site could
be greatly altered to create a multi-use detention pond. The Feasibility Report was sent to RCWD
and COE. Favorable responses by the agencies were obtain for the project in 1988. Enclosed as
Figures 2, 3, and 4 are the proposed improvements for the drainage system and wetland next to the
Bel-Rae.
Since 1988, Long Lake Road has been improved and storm sewer changes proposed in the 1988
study were undertaken for the corridor. The currently proposed reconstruction of the Bronson Drive,
which was to drain into the detention pond next to the Bel-Rae, created a need to re-visit the
feasibility of the detention ponding on the site.
As was mentioned earlier,wetland rules have changed since 1988. With this in mind, we set up the
meeting on May 14, 1996 with the City, RCWD and COE. At this meeting, modification to the
wetland were discussed (see enclosed Meeting Summary). We had already determined that the
multi-use facility proposed in 1988 would need to be changed to incorporate only wetland
restoration on site. Our new proposal was to lower the entire site to provide additional detention and
then restore the site with various wetland areas. The site would then become more of a passive
recreational use area.
After our meeting with the COE and RCWD, City staff and SEH discussed alternatives. It was first
concluded that the pond could not be constructed as part of the Bronson Drive Project. With this in
mind, it was felt that a more complete feasibility study would need to be undertaken to review in
detail alternatives for the site. A proposal for this study would be presented at the first work session
in June upon your request.
Mike Ulrich
May 23, 1996
Page 3
To aid you in your discussion at the Council meeting this Tuesday, we have prepared a preliminary
list of alternatives that would be discussed in the feasibility study. We would add to this list other
alternatives proposed by City staff or SEH as discussion on the project progress. Preliminary
alternatives to consider include:
1. Purchase the site and develop the property as a regional detention basin.
2. Do not purchase the site and use a storm sewer system similar to the one proposed in the
1977 study (Figure 1). •
3. Do not purchase the site and construct a trunk storm sewer to Rice Creek as part of the
Highway 10 turnback.
4. A combination of 2 and 3.
5. Do not purchase the site and reduce the design standard for storm sewer from a 5-year
to a 2-year. (Would created additional ponding in the streets, but still provides an
adequate drainage system)
•
6. Do not purchase the site and reduce the storm sewer size requirements and look for other
places for the water to pond(such as the area north of City Hall).
7. Do not purchase the site and construct a trunk storm sewer system across Highway 10
and down Edgewood Drive to Rice Creek.
If you have any question,please call me at 490-2026.
Sincerely,
Short Elliott Hendrickson Inc.
Rocky J. Keehn, P.E.
Senior Project Engineer
tlo
Enclosures
c: Steve Campbell, SEH
•
Meeting Summary
City of Mounds View
Tuesday, May 14, 1996
Steve Campbell,Barry Peters,Rocky Keehn and Kelly Bettendorf met with City personnel including
Mike Ulrich (Director of Public Works), Chuck Whiting (City Administrator) and Julie Trude
(Council Member) to discuss the options available for the use of a wetland basin for storm water
detention to be incorporated with the improvement of Bronson Drive. Steve, Rocky and Kelly
informed the City of their options in the use of the wetland and the permitting requirements likely
to be imposed by wetland regulatory personnel.The proposed project would include excavation of
the existing basin and surrounding upland area to lower the entire parcel and provide storage for
storm water.
Tim Fell of the U.S.Army Corps of Engineers and Kate Drewry of the Rice Creek Watershed District
walked through the wetland basin and then joined the meeting to discuss the potential use of the
wetland.The following points were noted regarding permitting a storm water detention facility in
the area of the existing wetland.Both Tim and Kate were impressed with the quality and diversity
of the wetland considering its location.
1. Wetland Conservation Act of 1991 -The act does not require replacement for excavation
activities and therefore does not hold jurisdiction over the proposed project.
2. Rice Creek Watershed District-The RCWD regulates all alteration,including excavation. If
a permit application for the proposed project was submitted, Kate would like to see a
comparison of the functions and values of the basin as it exists now and as it would be
reconstructed.
3. USCOE - A permit from the COE would be required for alteration of the wetland basin.
Because the area is likely greater than three acres,an individual permit would be required.
An individual permit requires the COE to publish a public notice to other agencies and
individuals who have opportunity to comment on a proposed project.As with Kate,Tim
would like to see an analysis of the existing functions and values of the basin,a discussion
about the benefits of the proposed project and the functions and values of the resulting new
wetland.The permit application must also discuss alternatives to wetland alteration and why
alternatives are not feasible.
The City is now aware of several options available concerning storm water detention on the
property.A future Council work session will be devoted to discussion of the options in order that
the they can make a decision.
cc: Steve Campbell
Barry Peters
Rocky Keehn
Kelly Bettendorf
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EDGEWOOD DISTRICT DRAINAGE PLAN
CITY OF MOUNDS VIEW, MINNESOTA
March 25, 1988
SEH FILE NO: 88049
Revised
August 25, 1988
I hereby certify that this report was prepared
by me or under my direct supervision and that I
am a duly Registered Professional Engineer under
• the 1 ws of the State of esotaa.. ,
OV4 1"
DATE: AUGUST 25, 1988 REG. NO. 12121
REVIEWED BY: Zez4.efty
DATE: 9��
INTRODUCTION
Background
Flooding problems within the Edgewood Drainage District ( shown on
Drawing No. 1 ) have proven the inadequacy of the storm drainage
system that serves the area. These problems were first addressed
in 1976 by Short-Elliott-Hendrickson, Inc. (SEH) and later in
1984 by John Johnson as part of the storm sewer studies for the
entire city. The most significant problem is the flooding of the
intersection of Long Lake Road and Ridge Lane. The need to
address this problem, along with several other minor issues, lead
to the development of this report.
In the summer of 1987, City staff proposed that a new storm sewer
line be constructed from this intersection which would tie into a
line being constructed jointly by New Brighton and Ramsey County
along County Road H. This new storm sewer would be built in
conjunction with the reconstruction of Long Lake Road north of
County Road H. The new line would connect to County Road H at
Irondale Road. It was intended that the City of Mounds View
enter into an agreement with New Brighton, who owns the County
Road H storm sewer, for oversizing of the pipe to accept the
additional flow from Mounds View.
As a result of the proposed oversizing, SEH was asked to
determine the increase in pipe capacity required to handle this
additional flow. The initial investigation by SEH concluded that
the connection was not necessary. The study found that the storm
sewer beginning at the intersection of Irondale Road and
Woodcrest Drive had enough capacity to handle an additional 20
cfs from an upstream storm sewer. Within the district were
several wetland areas. It was felt that the 100-year storm could
be adequately detained by maximizing use of the wetlands.
- 1 -
The purpose of this study is to develop an appropriate conveyance
system. It is not intended to solve all, but allow for solutions
to, small drainage problems within the Edgewood Drainage
District.
Previous Reports
Four reports were reviewed as background for this study. The
reports and the content of each is listed below:
1. "Storm Water Drainage Facilities for the City of Mounds
View, Minnesota" by Short-Elliott-Hendrickson, Inc. , 1976.
The 1976 report was used to determine the capacity of
existing storm sewers. The report was based on the premise
that the City had no control over any ponding areas and that
they would need to be acquired, which was true at the time
the report was prepared. Therefore, the extensive wetland
(ponding) areas now available due to protection by City
Ordinance were not fully utilized.
2. "Flood Insurance Study, City of Mounds View, Ramsey County,
Minnesota" , Federal Emergency Management Agency (FEMA) ,
Contract No. EMW-C-0322, October, 1981. The 1981 FEMA study
was done using the Soil Conservation Service TR-20 program.
The data inputs were requested from FEMA and received. They
provided background data to compare our results to.
However, this report predicted runoff generated by the
extent of development which existed at that time. It did
not look at future conditions.
3. "City of Mounds View Wetland Inventory" , Ramsey Soil and
Water Conservation District, December, 1981. The wetland
study provided guidelines for urban phosphorus loadings and
wetland treatment capability evaluation.
4. "Mounds View, Minnesota Storm Water Management Study" , by
John Johnson, 1984. The 1984 report by John Johnson used
- 2 -
0
the ILLUDAS program to analyze the existing drainage system.
It is inappropriate for current purposes due to limitations
inherent to the program:
a. According to the program authors, ILLUDAS has a design
limit for storms having a recurrence interval of 10-
years or less and thus cannot be used for 100-year
storm events.
b. It does not account for any storm water from backyard
areas. Therefore, many areas that would contribute
during large storm events were ignored.
c. The report did not look at stage-storage-discharge
relationship of any ponding areas, a critical item in
any drainage scheme involving ponding.
- 3 -
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I AM. EDGEWOOD DRAINAGE DISTRICT oRG. NO.
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MOUNDS VIEW, MINNESOTA FILE No.
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EDGEWOOD DRAINAGE DISTRICT DRG. NO.
5
ENC/NEERSIARCHITECTS IPLANNERS PROPOSED MULTIPURPOSE DETENTION BASIN
Item No. 1-7
Meeting Date: 12-07-98
Staff Report No.
Type of Business:WK
WK: Work Session;PH:Public Hearing;
CA:Convent Agenda;EDAB:EDA Business
Mounds View City Counoll
Work Session Staff Report
To: Mounds View City Council
From: Kevin Carroll, Economic Development Coordinator
Item Title/Subject: Mermaid Hotel/Banquet Center (Progress Report)
Date of Report: December 4, 1998
SUMMARY
At the meeting on December 7, 1998, I intend to give you a verbal report on the status of the
Mermaid project. Staff members and representatives of the Developers will be available to answer
any questions that you may have. Your thoughts, suggestions and guidance with respect to the
future handling of this matter will be gladly received and greatly appreciated. I anticipate that my
presentation on Monday will touch on the following subject areas:
1. Background: I will summarize the history of the project to date, for the benefit of audience
members, viewers at home, and the newly-elected Council members.
2. DTED Redevelopment Grant: As you may recall, in October we submitted an application
to the Department of Trade and Economic Development for a grant in the amount of$500,000.00 to
assist with certain costs related to the Mermaid project. The grant funds, if received, were to be
used for acquiring nearby property and constructing a stormwater detention pond thereon. The bad
news: Mounds View was not chosen as one of the six successful grant applicants. The good news:
we finished 10th out of 26 applicants,just five points behind the last of the six applicants that WAS
awarded a grant. (The final point totals are attached.)If we wish to do so, we can resubmit our
original application in the second "round" of this two-part funding cycle, which has a 4-1-99
application deadline.
3. Metro Transit Park& Ride Facility: In the early stages of this project,Metro Transit
expressed an interest in possibly siting a new Park&Ride lot somewhere within the Mermaid
redevelopment project. The Rent All corner was initially targeted as the best or most likely location.
However, as Metro Transit staff members began to examine their options more closely, it appears
that their interest began to shift to locations further north along Highway 10. They seem to believe
that a more northerly location for new bus routes and new bus stops would be more convenient for
potential bus riders living in current and future multi-family housing units located farther away from
the Highway 10/County Road H intersection. They also expressed some interest in exploring less
costly options, such as incorporating a Park&Ride lot into the movie theater development. I have
some reservations about the wisdom of these new directions, and continue to believe that the
Mermaid site is the best location for new Metro Transit facilities. In any event, our contact person at
Metro Transit assured me that they would be making some final decisions about these matters on or
Council Memo
December 4, 1998
Page 2
about December 5th, so I may be able to provide more specifics at the 12-7-98 work session.
4. Franchise Agreement: The Developers have apparently entered into a franchise
agreement with AmericInn, as evidenced by the attached letter. Although we have not yet received a
copy of the agreement itself, it is our understanding that it protects the Developers against other
Americlnn franchises being granted or issued within a specified geographic area for a specified
period of time. However, such protections can lapse if the project fails to proceed at an acceptable
pace, and of course, the agreement with Americlnn cannot prevent other hotel chains from
encroaching upon the geographic area in question.
5. Development Agreement: At our request, attorney Mary Ippel of Briggs&Morgan
drafted a preliminary version of a Development Agreement several months ago. Last Wednesday, I
was provided with a letter(dated 11-24-98, attached)from the Developers' attorney, summarizing
his comments on(and proposed revisions of)the Agreement. That letter was forwarded to Ms. Ippel
for her review, and she and I discussed it on 12-5-98. We will be conveying our response to the
Developers' attorney next week, and if a mutually acceptable version of the Agreement can be
finalized, it will be put on the Council or EDA agenda for discussion and action at that time.
6. Property Acquisition(s): In accordance with the direction provided by the Council at
earlier meetings, Evergreen Land Services has (at the City's request)been communicating with
representatives of Rent All regarding the possible acquisition of that site. (Please refer to the
attached letter from Evergreen dated 12-1-98.) It seems that no more progress will occur until the
owner gets the property appraised himself, which he is apparently now in the process of doing. The
Developers are(and have been) responsible for initiating discussions with the owners of the other
parcels that would have to be acquired in connection with the project, but at this point their progress
in that regard is unknown.
It is anticipated that a variety of other(related)topics may come up for discussion at the work
session, including the Developers' progress in obtaining construction financing, the thoughts and
opinions of the current and newly-elected Council members regarding the types and amounts of
financial assistance that the Developers are seeking from the City, and the projected timetable for
various phases of the project. If you have questions regarding any subjects that I have not mentioned
in this Memo, I encourage you to call me as early as possible on Monday so that I have an
opportunity to conduct whatever research may be required prior to the work session.
tug 1 ► 1 : 14. 11 ; 1
Fo ussion only.
.G(//4V
e .1 Carroll (71 •-41
conomic Development Coordinator
N:\DATA\GROUPS\ECONDEV\COUNCIL\12-07-98.KPC
����NESp•7,
• q
Trade &
Economic
Development
November 20, 1998 Business & Community
Development
The Honorable Duane McCarty
City of Mounds View
Ciity Hall, 2401 Highway 10
Mounds View, MN 55112-1499
RE: Redevelopment Program:
The Mermaid Hotel
Dear Mayor McCarty:
The Department of Trade and Economic Development has completed its review of the applications for
the Redevelopment Grant Program received on October 1, 1998. We are not able to offer you a grant
this year because we have a limited amount of grant funds available, and the competition for them was
high.
The next deadline for applications to the program is April 1, 1999. You are welcome to re-submit this
project, or other redevelopment projects that the City of Mounds View may be working on.
We will be hosting application workshops in February, 1999. A notice will be sent out specifying dates
and times. Applications will be available at that time as well.
If you would like to discuss your application, or the process for the next round of grants,please call me
at (651) 297-4132.
Sincerely,
� Lit
Meredith Udoibok, Director
Brownfields & Community Assistance
MU:id
cc: Kevin P. Carroll, Economic Development Coordinator
500 Metro Square, 121 7th Place East,Saint Paul, Minnesota 55101-2146 USA
612-297-1291 •800-657-3858•Fax 612-296-1290/296-5287•TTY/TDD 800-627-3529
www.dted.state.mn.us
., - -.
October, 1998
Redevelopment Grant Program
Applicant Score I Grant
Amount
MCDA-SEMI 86 $689,000
Duluth Technology Village 86 $460,000
St. Paul HRA- Phalen Townhomes 76 $221,000
Racine-Comm. Utility Co. 68 $80,000
Detroit Lakes - Evans Proj.-Old Swift/Ekrlch Site 68 $450,000
South St. Paul HRA -Golden Steer 67 $100,000
ad r rng Port Authority-Main St. Parking Ramp 66
Chaska- Brickyard Redevelopment 63
MCDA-Chicago-Lake 63
> Mounds View-Mermaid Hotel 62
Sauk Rapids-industrial Park South 61
Springfield-Opera House 60
MCDA-Penn-Lowry 58
St. Louis Park EDA-Hwy 7/Louisiana Ave 56
Monticello, Monticello Community Center 55
Dakota County HRA-Downtown Lakeville 53
Warren- Downtown Redevelopment District 53
Canby-Farmers Grain Expansion 52
Maynard-HeilelMoen Bldgs. 51
Dakota County HRA-Robert Street 49
Robbinsdale-Ter acs Mall 46
Spring Valley-North Park Subdivision 45
Breckenridge Port Authority-Champion Auto Redevelop. 41
Breckenridge-Industrial Mall 37
Montivideo-South First Street 26
Cook County-Woodland Foothills 23
u:u sERstectncotVelEANwedevelopmennAwardceuickReferwpd
Total $2,000,000
DEC-04-1996 13:56 THE MERMAID 612 784 0107 P.02
* •
4-
:WORM INN INTERNATIONAL,U.0
minacimi Millnatorict Sou:mord
=70)1476-96530:
• fat(6121478-7501
• •
TELEFAX
TO: Pen Hap
Mermaid, Inc.
Fax 784-0107
FROM: Lucius L. Fowler
• Americlin International, LLC
DATE: November 17, 1998
•
• Congratulations, Dan!
All of us at Americlnn International are excited to have you join the system
and welzome'youlaboard!
•
•
•
•
•
•
•
Total number of pages including this page - 2
The Solid Lodging Decision' -Toll Free Reservations: 1-800-634-3444
•
DEC-04-1998 13:57 THE MERMAID 612 784 0107 P.03
1:A4sNEc1NN INTE�wudRNATIONAL,LLC
a12 ,. a sou
111--1. ilia.
i ! ,m14 soar
mm= i• :is )4713.0020
.11 .(6194:76-79°1
• •
•
•
. November 17. 1998
•
Mr. Dan Hail
• Mermaid, Inc.
'2200 Highway 10 ;
Mounds View, MN 155112
Dear Dan:
This will confirm that we have issued an Americlnn'Motel a Suites franchise for
the City of Mounds View, Minnesota to Mermaid, Inc., 2200 Highway 10, Mounds
View, Minnesota 5112.
If you have'an t questions, please do not hesitate to call me at 478-2800.
With:thank8.
Sincerely, •
•
- -- 1- 94' "---
Lucius L Fowler .
• Chairman and CEO .
• LLF:rnls •
•
•
•
• Ttic Sound Lodging Dccisioa' -Toll Free Reservations: 1-800.634-3444
WARCHOL
3433 BROADWAY STREET NORTHEAST,SUITE 110
BERNDT attorneys MINNEAPOLIS-ST.PAUL, MINNESOTA 55413-1783
HAJEK FAX (612) 331-1069 TELEPHONE(612) 331-4211
a professional association
CHRIS H. BERNDT
November 24, 1998
Mr. Daniel L. Hall
Mermaid, Inc.
2200 Highway 10
Mounds View, MN 55112
Re: C & D Enterprises, LLC
Development Agreement/City of Mounds View
Mounds View Americlnn Hotel & Suites
Our File No: 1159.40C
Dear Daniel:
•
I have reviewed the pro forma Development Agreement with the City of Mounds View as you
requested. Although the Development Agreement was not complete in a number of material
respects, I do have some comments and recommendations that I think should be incorporated into
the Development Agreement. My comments in that respect follow:
1. It is my understanding that the Project and the Development Property will
encompass the existing Mermaid complex and tracts of land upon which it is situated.
The Mermaid complex is currently owned by Mounds-vista, Inc. and Charles Hall, and tha
Property will be acquired by the Developer subject to a first mortgage which presently
encumbers the Project (including the current Mermaid complex). Accordingly, Section
8.1 of the Development Agreement should be revised to permit the continued existence
of the current First Mortgage which encumbers the property and to which the Developer
will acquire the Development Property subject to with the understanding that the First
Mortgage may be refinanced as part of the financing which will be obtained to further
develop the Property and fund in part the Minimum Improvements, (including the soft
costs referenced in Section 8.1). This can be accomplished by adding to 8.1 a sub-
paragraph which precedes the existing (a) that reads as follows:
"(a) Any Mortgage which the Developer purchases the Development Property
subject to; and
Mr. Daniel L. Hall
November 24, 1998
Page 2
(b) For the purpose of obtaining funds in an amount not exceeding the costs
of the Development Property and the Minimum Improvements (including,
but not limited to, labor and materials, equipment, professional fees, real
estate taxes, construction interests, organization and other indirect costs of
development, costs of constructing the Minimum Improvements, an
allowance for contingencies, costs of any financing to fund construction or
acquisition of the Project, amounts required to fund any reserves relating
to construction or acquisition of the Project, amounts required fund any
reserves relating to construction of the Project, and amounts required to
fund any required escrow accounts); and,
(c) Only upon the prior written approval of the City in accordance with
Sections 8.1 and 8.2."
I have incorporated the language of definition for First Mortgage in the proposed revision
to Section 8.1 as above stated. The definitional section of the Development Agreement
defines a "Mortgage" as any security agreement or mortgage which is a permitted
encumbrance pursuant to the terms of Article 8. I think we need to include the revisions
to Section 8.1 in order to make it absolutely clear that the existing mortgage may be
deemed a permitted encumbrance, whether it remains in place or is refinanced as a part
of the new project financing.
2 The definition of "Person" appearing on page 3 of the Development Agreement
should include a Limited Liability Company.
3. As you know, the Project costs are usually quite a bit greater than the direct
construction expense of the Minimum Improvements. This fact is recognized by the
expansive recitation of those scft costs in Section 8.1. Accordingly, I think that Section
3.2 (d) should be revised to read as follows: •
"(d) Receipt of the certification by the Developer, together with such supporting
documentation as the City may reasonably require, evidencing and
certifying that the Developer has expended not less than thirty percent
(30%) of the cost of the Development Property and the Minimum
Improvements (including, but not Iimited to, labor and materials,
equipment, professional fees, real estate taxes, construction interests.
organization and other indirect costs of development, and cost of
constructing Minimum Improvements)."
Mr. Daniel L. Hall
November 24, 1998
Page 3
4. Section 3.2 (h) refers to Section 7.2. There was no Section 7.2 in the
Development Agreement which I reviewed.
5. Section 3.2 U) conditions the City's reimbursement to the Developer of the Project
Costs on the issuance of the Tax Increment Bonds. Since this condition is outside of the
control of the Developer, it should be deleted.
6. Section 4.2 of the Development Agreement addresses the mechanics for the
submittal, rejection and resubmittal of the Construction Plans.. The last paragraph on page
9 of Section 4.2 should make it clear that in rejecting the Construction Plans, the City
must specify in writing the reasons for such rejection. I suggest that the first sentence of
the last paragraph on page 9 be revised to read as follows:
"The Construction Plans must be rejected in writing by the City
within thirty (30) days of submission or shall be deemed to have
been approved by the City. If the City rejects the Construction
Plans, such rejection must be in writing and must specify with
particularity the reasons for such rejection."
7. Article VI addresses "Assessment Agreement and Other Covenants". You have
described to me the circumstances relating to the Minnesota Department of Transportation
and the "Park and Ride" lot. It would appear to me that if the City received proceeds as
a consequence of the possible transaction with the Minnesota Department of
Transportation, and is able to acquire the Rent all Property for less than the stipulated
consideration, the resulting benefit should not be a windfall to the City, but rather applied
to the benefit of the Developer. This potential benefit can accrue to the Developer's
benefit by reducing or eliminating the Payment In-Lieu of Taxes provided for in Section
6.3, or by the abatement of the Developer's Agreement to Pay Tax Increment Deficiency
as set forth in Section 7.1. A suggested revision-for insertion into Article VI ibilows:
"Section 6.4 Payment by Third Parties. In the event the City
obtains the payment, credit or other benefit of a transaction with a
third party relating to the Development Property with respect to the
Project or any part thereof, such benefit shall accrue to the benefit
of the Developer and will be applied first to the abatement of the
payment in-lieu of taxes described in Section 6.3, then to abatement
of the Developer's Agreement to pay tax increment deficiency and
the requirement to provide a Letter of Credit relating to such
Guaranty as described in Section 7.1, and finally to reduce the
balance of the Tax Increment Bonds and a corresponding reduction
of the term of the Assessment Agreement."
Mr. Daniel L. Hall
November 24, 1998
Page 4
8. Article VII addresses the Developer's obligation to provide security for its
Guaranty of Tax Increment shortfalls. Although there appears only a Section 7.1, there
is reference within the language of that provision a Section 7.4. Presumably there are
Sections 7.2, 7.3 and 7.4 which I have yet to have an opportunity to review.
9. Article IX prohibits transfer of the assets of the Developer and Property except in
compliance with certain identified conditions. I have a concern with respect Section 8.2
which prohibits transfer of an interest in the Property (including Lease), without the prior
written approval of the City. Section 9.2 should be modified to permit-you to lease to an
operating company. In addition, the Developer should be permitted to transfer both its
assets and the Property to another business entity without the consent of the City provided
that (i) the successor is a related entity and fifty percent (50%) or greater common
ownership between the two entities, or (ii) such a transfer occurs by operation of law, or
(iii) the transfer is to immediate family member of a current principle of the Developer,
and in all such events the successor agrees to be bound by the terms of the Development
Agreement and fulfill the obligations undertaken by the Developer therein.
10. I would suggest that Section 11.1 of the Development Agreement be completed
to permit operation of the Minimum Improvements as a hotel, hospitality, banquet,
convention, interim housing, general business purposes and related uses.
11. Because this Project required the Developer to acquire adjacent lands the definition
of "Unavoidable Delays" should include the inability of the Developer to acquire such
parcels on terms acceptable to the Developer.
Of course, the Development Agreement needs to be completed with respect to the business and
economic provisions of the Agreement. I would be happy to meet with a representative from the
City and help narrow the issues with respect to the business points. Please give me a call with
your thoughts at your earliest opportunity.
Sincer-• },
01) •
Chris . B- .dt
CHB/smp
DEC-02-98 WED 13:59 EVERGREEN LANDSERVICES FAX NO, 9350862 P. 02
EVERGREEN LAND SERVICES CO.
6110 BLUE CIRCLE DRIVE,SUITE 140
MINNETONKA,MN 55343
Office(612)-930-3100 Fax(612)-935-0862
December 1, 1998
Mr. Rick Jopke
Community Development Director
City of Mounds View
2401 Highway 10
Moundsview, MN 55112-1499
RE: Update on Rent-All Minnesota Relocation and Acquisition.
•
Dear Mr. Jopke:
Matt Storm and I met with Brad Rice on Tuesday November 17th to discuss both
acquisition and relocation. Mr. Rice is the City Manager for Rent All and the main
contact in the Twin City area. The owner Robert Elmen has supplied Brad with every
correspondence related to this project. •
Mr. Rice stated that the owner was quite upset about an article published in the local area
paper as well as the St.Paul Pioneer Press which basically stated the dollar amount of
$550,000.00 for the purchase of the Rent-All Minnesota property. He felt that the figure
was premature since negotiations were in process. Mr.Rice also stated that back in
January a meeting took place were a figure of around $750,000.00 was discussed. This
total is in the area which the owner is looking for.
As far as alternative locations Mr. Rice said that they have looked at following three
potential sites:
1. The Pak Building at 2832 Hwy 10. Mr. Rice said that they not sure if they want to rent
and that at that location they couldn't relocate their concrete business.
2.A vacant lot at the corner of Hwy 10 and Woodale. Property is listed by Everest
Development. Nielsen Associates. The lot is a little smaller than what they have now and
is listed at$15.00 per/sq. ft. which is slot more than what they are being offered for their
property.
Successfully serving our clients for 24 yeses • 1972 19�
C-02-98 WED 13:59 EVERGREEN LANDSERV ICES FAX NO, 9350862 P. 03
3, A vacant lot at County Road I and Hwy 10 behind Super Value. Property is listed by
Kraus Anderson Realty. The concern is that it is located very close to townhomes and a
senior residence.
The hope of Rent-All is to stay in the Moundsview,but they realize that they might have
to look in other areas.
The billboard is owned by National Outdoor Advertising and I have spoken to Mitch
Matson their Real Estate Manager. As far as relocation they are entitled to take down a
move costs only. Their maybe some lease hold interests which would be addressed on the
acquisition end.
•
Mr. Rice is going to be getting some moving bids and has supplied with some invoices
regarding phone and computer disconnect and reconnect. It would and be helpful to also
have a fixture appraisal done to determine immovable and moveable fixtures and their
value.
Matt had recently talked to Mr. Rice who stated that he was in the process of coordinating
with the owner on getting an appraisal done of their own. This should help in the
negotiation process.
I will keep informed of any progress or new site possibilities for Rent-All. If you have any
further questions please call meat(612)930-3100.
Sincerely,
• ems,
Steven Carlson
Relocation Consultant
B
City of Mounds View Staff Report
To: Chuck Whiting, City Clerk Administrator
From: Bruce A. Kessel, Finance Director
Item Title/Subject: Requested information on TIF
Date of Report: November 20, 1998
1. TIF revenues associated with the Holiday gas station.
For the year 1999, TIF revenues on the Holiday station property will be minimal since the date
the project was completed was after the date used for determining pay 1999 property taxes. For
the year 2000, the estimated captured tax increment is $20,444. If this property was not in the
TIF district, 19% or$3,884.36 of the captured increment would be associated with the City of
Mounds View's property tax levy. The method used to set property taxes is that cities set their
levy and then a rate is calculated. Therefore, if this property was decertified, the amount raised
by the City's property tax would not change,however, individual property tax owners would see
a slight decrease in their property taxes. The average homeowner would see a$0.69 decrease in
property taxes in 2000 if the Holiday store property was decertified. (NOTE: since this property
is subject to fiscal disparities, the actual amount would decrease slightly.)
2. Projected increment from senior housing program
Once the project is completed and on the property tax rolls, the estimated captured increment
would be $62,600 and the City's share would be$11,900 or$2.11 per average residential
property.
3. Decertifying individual properties
At the end of 1998, the City will have approximately$6,765,000 in outstanding bonds. The
bonds annual principal payments will be approximately$1,000,000 in 1999 and 2000 and
increase to $1,350,000 in 2003 before they decrease to approximately $500,000 in 2004 and
2005.
From a financial standpoint, it would be prudent to undertake a detailed analysis of the TIF
districts prior to decertifying some or all of the parcels within the districts. Some items to be
considered are:
• Retire all or substantially all our outstanding debt;
• Develop a plan that identifies detailed uses and projects available increment;
• Develop a plan that identifies areas that could be decertified rather than a piece meal
approach.
It should be reiterated that for every $1 of TIF that is turned back to the County. only $0.19 is
used to reduce the City's property tax rate.
City of Mounds View Staff Report
November 20, 1998
Page 2
There is another option that could be considered. If the Council feels that the cash balances in
TIF funds are greater than its current needs, and that there are no identified long term needs for
some of those cash balances, it can return funds to the County for redistribution to the three
largest taxing jurisdictions, the County, School District and City. In other words, neither a
district nor individual property is decertified, but some of the collected captured tax increment is
returned to the taxing jurisdictions to be used for general fund purposes.
4. Decertifying TIF District 4.
District 4 is comprised of the property generally described as the Mounds View Community
Center. Since the City and none of the proposed tenants pay property taxes, there is no possibility
of any captured increment being collected, therefore, there would be no impact on property taxes.
On the other side of the equation, if there is no possibility of increment there is no need for the
District. State law has provisions that if there is no activity in a district after 4 years, it is
required to be decertified. For these reasons,the City should undertake the steps necessary to
decertify the district. The City Attorney has been contacted to prepare the documents necessary
to decertify the District, and this issue will be placed on a Council agenda in the near future.
'7
MEMO
•
To: Mayor, City Council, City Administrator
From: Chief Ramacher
Subject: Resignation
Date: November 18, 1998
I hereby submit my resignation from the City of Mounds, effective June 1,
1999.
There is a very slight chance that the next session of the legislature may
make changes in the PERA retirement benefits. That being the case, I would
request that my resignation be delayed until the effective date of the law
change.
I would also request that the City Council allow me the same severance
options that most members the Police Department and Public Work
Department have. Thank you for your consideration.
Sincerel ,
i „L.,
Timothy . ' .macher
Chief of Police
C)
City of Mounds View Staff Report
To: Chuck Whiting, City Clerk-Administrator
From: Bruce A. Kessel, Finance Director
Item Title/Subject: Food service at Community Center
Date of Report: December 4, 1998
Several weeks ago, we placed an advertisement for requests for proposals for providing food
service at the Community Center. We received one response from Elegant Thymes Catering,
who does the food service at the New Brighton Family Services Center. Based upon a review of
the proposal, discussions with Sharie Linke, and discussions with Maplewood and Columbia
Heights,the proposal appears reasonable and advantageous to the City. The following are the
general terms and conditions:
• Exclusive agreement for two years, with annual renewals thereafter;
• City to receive 7.5% of the gross catering charges;
• Elegant Thymes to provide all linens, flatware, serving pieces for events, plus a
dishwasher and coffee brewing equipment to be stored at the Community Center;
• Elegant Thymes would be responsible for clean up of food related items after events.
Other facilities have had problems with multiple caterers and they recommended exclusive
arrangements. This also results in the City needing to provided fewer capital items such as
dishwasher and coffee brewing equipment.
Elegant Thymes provided sample menus which had prices ranging from$5.00 on up. The prices
proposed seemed very reasonable for the menus proposed. In addition, based upon discussions
with various individuals, the quality of the food and service is very high.
As such, it is recommended that the City enter into a contract with Elegant Thymes Catering
under the general terms and conditions of the attached contract. The contract will need to be
refined and will also need to be reviewed and approved by the City Attorney. I would proposed
that the City Council authorize you and the City Attorney to finalize a contract under the general
terms and conditions outlined above and authorize you and the mayor to execute said contract.
Dec 3 '98 1841 P.02
•
•
AGREEMENT FOR CATERING SERVICES
THIS AGREEMENT, made and entered into this day of—,, 199_, by
and between the City of Mounds View, a political subdivision, (hereinafter referred to as "City")
and Elegant Thymes Catering, a division of Royal Fare Food Emporium, L.L.C., located at 5516
46th Avenue South, Minneapolis, MN 55417, (hereinafter referred to as "ETC").
RECITALS
1. 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 servicing and
performed the food agreement with the City.
2. The City is a political subdivision forum pursuant to Minnesota Statues.
3. The City desires to have the following services performed by ETC:
a. ETC agrees to provide selection of menus and prices for events held at the
Mounds View Community Center that require food.
b. ETC agrees to meet with Mounds View Banquet Facility and Conference Center
staff and prospective clients to set menus and fees for the clients' particular
event.
c. ETC agrees to provide adequate staffing to the demand of the particular event at
each and every 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.
e. ETC agrees to perform the food services for the City under the terms and
conditions set forth in this Agreement.
1
Dec 3 '98 1841 P.03
In consideration of the mutual promises set forth herein, it is agreed by and between the City and
ETC as follows:
1. Section I - Nature of Work. ETC shall perform food services at the Mounds View
Community Center as follows:
a. ETC shall provide a selection of menus and prices for events held at the Mounds
View Community Center that require food. The prices and menus shall be
agreed upon by the City;
b. ETC agrees to meet with Mounds View Banquet Facility and Conference Center
staff and prospective clients to set menus and fees for the clients' particular
event.
c. ETC agrees to provide adequate staffing to the demand of the particular event at
each and every 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.
2. Section 2. Place of Services:
It is understood that ETC services will be rendered at the Mounds View Community
Center, County of Ramsey, State of Minnesota.
3. Section 3. Exclusivity:
The City agrees to restrict the catering services to ETC exclusively for the events held at
Mounds View Community Center that are booked from January 1, 1999- December 31,
2000.
4. Section 4. Renewal of contract.
2
Dec 3 '98 18:42 P.04
FACILITIES &EQUIPMENT
The City agrees to provide the following facilities/equipment:
1. Kitchen facilities as they exist at the Mounds View Community Center.
2. Designated area for storage in the tiled room adjacent to the Kitchen.
3. An ice machine located in the locked storage area accessible to catering staff.
4. A refrigerator in storage area designated for use by catering staff.
ETC agrees to provide the following equipment:
1. All linens, china, flatware, serving pieces etc. necessary to provide catering services to
groups up to 350.
2. Provide an undersink dishwasher in the kitchen area.
3. Provide coffee brewing equipment.
For scheduled events, the City shall provide access to ETC for the following:
1. Banquet room
2. Tables and chairs
3. Set-up and take-down staff
4. Maintenance and support as determined by the City.
PAYMENT
The City shall receive all payments for services from clients and will in turn provide payment to
ETC as follows:
1. Upon receipt of an invoice from ETC, the City will pay ETC for food services provided
3
Dec 3 '98 18:42 P.05
•
less 7.5 percent City commission and 7.5 percent Banquet Manager charge.
2. The City will retain the collected sales tax and remit that to the State within the normal
accounting of City's sales tax reimbursement.
3. In the case of food services that are paid for with either a Mastercard or Visa, the service
charge will be deducted from the total cost of the food and shared equally amongst the
three payees.
4. Payments for food services will be made approximately no more than two weeks after
submission of invoice.
STATUS OF ETC
This Agreement calls for the performance of a food contract by ETC as an independent
contractor and ETC, its employees, agents, or representatives will not be considered employees
of the City for any purposes.
INTEREST OF ETC
ETC covenants that ETC has no interest and shall not acquire any interest, direct or
indirect, financial or otherwise, that would conflict in any manner or degree with the performance
of services herein.
NON-ASSIGNABIUTY
•
ETC recognizes that this Agreement for food cannot be transferred, assigned or sublet
by ETC.
IDENTIFICATION OF PERSONNEL
ETC shall provide appropriate identification of its agents, employees, and
representatives during the performance of this Agreement at the Mounds View Community
Center. ETC acknowledges and recognizes that it is a fair and equal opportunity employer and
that its employees, representatives and agents have had training in sexual harassment, gender
sensitivity and cultural diversity.
4
Dec 3 '98 1843 P.06
WORKERS' COMPENSATION
By executing this Agreement, ETC certifies that they have reviewed the provisions of the
Minnesota Statutes with respect to workers' compensation, and ETC restates that it is an
independent contractor and certifies that ETC will comply with the provisions of the Workers'
Compensation Statute as an independent contractor before commencing the performance of
work in this Agreement.
INDEMNITY
ETC shall indemnify City against any and all losses, liabilities, damages, costs and
expenses, (including costs of defense, settlement, and reasonable attorney's fees (by reason of
liability imposed by law upon City) for damages as a result of bodily injury, including death, at
anytime resulting therefrom sustained by any person or persons or on account of damaged
property, including lessor, arising out of or as a consequence of performance of the services
pursuant to this Agreement and caused by the negligent acts or omissions of ETC.
INSURANCE
•
ETC agrees to provide the City with a copy of its Certification of Insurance for catering
and all appropriate licenses. The amounts of insurance shall be no less than the statutory
amounts required by Cities.
GOALS, PRINCIPALS AND POLICIES
•
In connection with the exercise of this agreement, ETC shall act in a manner consistent
with the City's basic goals, principals and policies.
GOOD FAITH
In the event that any agreement, approval, consent, or other action or decision is
permitted or is required hereunder, the parties shall act in good faith and in a reasonable
manner in connection therewith,
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:
• 5
Dec 3 '98 18:43 P.07
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.
TERM
The term of this Agreement shall be for two years commencing January 1, 1999 and
shall be renewed annually, thereafter.
If the City does not act and give notice before September 1 of each year, the contract
shall be automatically extended for another year commencing January 1 and from year to year
thereafter, under its existing terms, unless and until the City gives notice of non extension. The
above-captioned terms shall be valid unless this Agreement has been terminated by either party
pursuant to terms.
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party for any reason for 60 days written
notice. In the event of ETC terminates this Agreement, ETC waives any interest, rights, or
collections for food events past the 60 day period.
6
Dec 3 '98 18:44 P.08
COMPLETENESS OF ENTIRE AGREEMENT
This document contains all the terms and conditions of this Agreement, and any
alterations or variations of the terms of this Agreement shall be invalid unless made in writing
and signed by the parties. There are no other understandings, representations or agreements,
written or oral, not incorporated herein, If any part of this Agreement is declared null and void by
law, the remaining paragraphs of this Agreement shall be valid.
IN WITNESS WHEREOF, the parties have executed this Agreement the day
first above written. .
CITY OF MOUNDS VIEW
•
By:
ELEGANT THYMES:CATERING
By:
DEC. 4. 1998 10: 15AM NO, 0169 P. 2/4
MediaOne 214 East Fourth Sheet Customer Service 612222.3333
St.Paul,MN 55101 Administration 612 2242697
FAX 612 220.3370
December 4, 1998 IN FOR MAlI 0 N
Chuck Whiting 0 N LY Media
line
City Administrator rut y 18w.eband.'raa e
the way.
City of Mounds View
2401 Highway 10
Mounds View, MN 55112
Dear Mr.Whiting:
I wanted to take this opportunity to advise you of some activities in your community which may come to
your attention. As MediaOne continues the upgrade of our Broadband network in the Twin Cities area,
we will begin activating nodes in your community by replacing existing electronics with new state-of-
the-art equipment. So far, we have completed the installation of fiber optic lines in your community to
"node"locations which service approximately 500 homes. And the pedestals in the residents yards have
been replaced with new pedestals that house the new electronics. As we complete the work,our visit to
the area will involve the actual activation of the node. This change over will involve some disruption of
MediaOne subscribers' service. Our goal is to limit this disruption to one day and have service restored
by 6:00 pm.
The immediate benefit to subscribers will be better picture quality and a more reliable system. In
addition,once the master headend is completed in the spring of 1999,we will begin introducing new
programming services. The upgraded system will bring new cable television products and services, two-
way high-speed Internet service and digital telephone service.
It is our intention to keep residents informed as much as possible about our activities. A letter was sent
to all residents in areas where we will be working in the month of December and at least 48 hours in
advance of the actual disruption,residents will have a"door hanger"message left at their homes. I have
enclosed a copy of the letter as well as the door hanger.
We are excited about this$200 million upgrade of our broadband network which is being completed as a
part of the renewed cable franchise in your community. We have maintained an excellent working
relationship for the past 15 years and look forward to the exciting new future of broadband and the
benefits it offers both the city and the residents in this community.
While we have attempted to inform residents about the change and provided a convenient telephone
number for them to call for information, you may receive calls. Please feel free to have them contact
our customer service department at 651-483-9999. If you have any questions or concerns,please feel
free to call me directly at 651-228-3940. If I am unable to answer your questions, I can refer you to a
specialist in the construction department.
Sincerely,
6411
Kathi Donnelly-Cohen
Director-Government Affairs
DEC, 4. 1998 10: 16AM NO, 0169 P. 3/4
Dear Neighbor,
Recently, you may have noticed MediaOne equipment and crews in your neighborhood
working to bring you our powerful new broadband network. We have now reached the
stage where we will be replacing existing electronics with new state-of-the-art equipmgnt,
which means subscribers will experience service interruptions. This work will take place
in your neighborhood in early December.
However, I do have good news! You will be one of the first customers to enjoy the
benefits of this broadband technology. In addition to increasing reliability and picture
quality, this new network brings you a new world of information, communication, and
entertainment through one simple wire, called Broadband. Its interactive capabilities will
deliver more than expanded television programming; it will make all kinds of
communication possible, including high speed Internet access and, eventually digital
telephone service.
Every aspect of the construction process has been designed to ensure that disruptions in
your neighborhood are kept to a minimum and that the safest possible environment is
maintained for both residents and MediaOne personnel. Our goal is to keep disruptions at
a minimum and restore service that same day.
Thanks for working with us as we bring this exciting new technology to your
neighborhood, We'll be in touch again soon with more information on the expanded
programming and other new services our broadband network makes possible. If you have
any questions about this project,please call one of our customer care professionals at
(651)483-9999,
Welcome to progress!
Sincerely,
Jeff Harkman
Vice President/General Manager
. DEC, 4. 199810: 16AM NO, 0169 P. 4/4
Dear Neighbor,
We recently sent you information about the MediaOne equipment and crews in your
° neighborhood working to bring you our powerful new broadband network. As part of
this upgrade process,in the next few days,we will be interrupting service in your
neighborhood to replace existing electronics with new state-of-the-art equipment.
Our goal during this period of service interruption is to minimize your inconvenience and
restore your cable TV service that same day. Also, you may see MediaOne construction
teams working on utility easements on or near your property. Rest assured, we will
restore any landscaping that may be disturbed.
The good news is that your area will be one of the first to enjoy the benefits of this new
broadband technology—including access to more television channels, viewing options
and services, an improved picture and much more.
Thanks for your patience with this service interruption as we bring this exciting new
technology to your neighborhood. Watch your mail for more information about
MediaOne's broadband technology and all the great new services you'll soon be able to
enjoy. If you have any questions about this project, please call one of our customer care
professionals at(651)483-9999.
Welcome to progress and the future brought to you by MediaOne's broadband!
(MediaOne logo—This is Broadband. This is the way,)