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HomeMy WebLinkAboutAgenda Packets - 1998/12/23 CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY, NOVEMBER 23, 1998 7:00 PM 1. CALL MEETING TO ORDER 2. ROLL CALL: McCarty, Stigney,Koopmeiners, Quick, Gunn 3. APPROVAL OF MINUTES A. November 9, 1998 City Council Meeting Minutes 4. SPECIAL ORDER OF BUSINESS: A. Resolution No. 5279,Resolution of Commendation and Recognition to the 1998 Election Judges for a Successful Primary and General Election. 5. CONSENT AGENDA A. Approve Just and Correct Claims. B. Approval of Contractor Licenses. (Staff Report Attached) C. Approval of Resolution No. 5280,Approving the Election Results from the November 16, 1998 Recount. D. Set a Public Hearing for 7:10 PM on Monday,December 14 1998,to consider Resolution No. 5281 A Resolution Approving a Preliminary Plat for the Carmike Theater Development Site, located at 2430 Highway 10. 6. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking must give their full name and address for the minutes. 7. COUNCIL BUSINESS A. Appeal of a Variance Denied by the Planning Commission on September 16, 1998, Requested by Michael Tobias of 8111 Eastwood Road. 8. REPORTS 9. Park&Recreation Commission Meeting: Tuesday,November 24, 1998-7:00 PM 1999 Budget and Truth & Taxation Meeting: Monday,November 30, 1998-6:00 PM Next Council Work Session: Monday,December 7, 1998-6:00 PM Next Council Meeting: Monday December 14 , 1998-7:00 PM 10. ADJOURNMENT November 19, 1998 To: Honorable Mayor and City Council Members From: Chuck Whiting, City Administrator Re: November 23, 1998 City Council Meeting I will be attending the League of Minnesota Policy Adoption meeting in Minnetonka Friday and therefore am writing my memo to the Council prior to Monday's agenda being set. I believe it will be a relatively quiet agenda, however, the Council may wish to revisit some budget discussion items after further reflection of this past week's information meeting. One item I have asked Bruce Kessel to address are the issues raised at the November 9 meeting regarding decertification of TIF district four, and the Holiday gas station property within its TIF district. Bruce will not be in attendance, but I can attempt to address any questions that may arise. Also, as mentioned at that meeting, a more thorough discussion of the city's TIF policies and fiscal standing can be done at the December work session. This agenda may also have the modification to the Children's Home Society agreement for the lease at the community center. Cari has been working on this with Scott Riggs and has informed me that while the modification is relatively simple, a complete new agreement may be necessary. We can report on that Monday, however if not ready, the agreement will have to come to the Council in December. A meeting has been set up with the Parks and Recreation Commission for this Tuesday evening at 7 p.m. Bruce has put together a draft outline for an agreement for consideration with the YMCA. This is being forwarded to the Parks and Recreation Commission as is budget information Bruce has put together based on discussions with the Y. This information will be presented for discussion Tuesday as well. Mary Saarion has given some additional information that poses questions for consideration, plus supportive information regarding service criteria the department has performed in the past. I will attend this meeting and report to the Council during the budget meeting on November 30. Bob Long is setting up a meeting with Barbara Haake and Dan Coughlin to review the airport issue. Mayor McCarty is drafting a letter to Circle Pines and Lexington as well to inform them on behalf of the city of the status of our litigation and seeking their interest. The meeting Bob Long is setting up is an attempt to familiarize our new representative with the issue and to begin a process of working with other communities that have had similar concerns with MAC. I believe that meeting may be Tuesday considering the short week. I will see you on Monday and will have reviewed the agenda by meeting time. One note, Governor Elect Ventura will be the featured speaker at Friday's League of Minnesota Cities. He is coming on short notice in his now noteworthy busy schedule and it should be interesting to hear his positions on cities' issues. Have a good weekend. sh UNAPPROVED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA Regular Meeting November 9, 1998 Mounds View City Hall 2401 Highway 10,Mounds View,MN 55112 1. CALL MEETING TO ORDER The Mounds View City Council was called to order by Acting-Mayor Koopmeiners at 7:03 p.m., on November 9, 1998. 2. ROLL CALL MEMBERS PRESENT: Acting Mayor Koopmeiners, Council Members Gunn, Stigney, and Quick MEMBERS ABSENT: Mayor McCarty (excused) ALSO PRESENT: Chuck Whiting, City Administrator; Bruce Kessel, Finance Director; Rick Jopke, Community Development Director; Mike Ulrich, Public Works Director; Mary Saarion, Parks, Recreation& Forestry Director; Bob Long, City Attorney; and Dave Hix, Recorder 3. APPROVAL OF MINUTES A. October 26, 1998, City Council Meeting Minutes MOTION/SECOND: Gunn/Stigney to approve the November 9, 1998, City Council Meeting Minutes as published and amended. Stigney offered the following corrections: Page 1, Item 3 A, last sentence, correct the spelling of the name "Caughlin" to "Coughlin." Page 2, Item 6, last sentence, change the word "Commission" to "Council." Page 4,third paragraph, change the first occurrence of the word "to" to "told," in the same paragraph, change correct the spelling of the word "opposed." Page 5, at the MOTION/SECOND: insert Stigney as the seconder to the motion. Page 6, second paragraph, change the word "completion" to "competition." In the same paragraph change the word "Director" to "Economic Coordinator." In the second to last paragraph on Page 6, change the word "review" to "reviewed." VOTE: Ayes -4 Nays - 0 The motion carried Page 2 UNAPPROVED November 9, 1998 Mounds View City Council B. November 4, 1998, City Council Canvassing Meeting Minutes MOTION/SECOND: Stigney/Quick to approve the November 4, 1998, City Council Canvassing Meeting Minutes as submitted. VOTE: Ayes -4 Nays - 0 The motion carried 4. SPECIAL ORDER OF BUSINESS A. Certificate of Appreciation for Keith Anderson- Minnesota Technology Teacher of the Year Acting-Mayor Koopmeiners awarded a Certificate of Appreciation from the City of Mounds View to Mr. Anderson for his work in achieving The Minnesota Technology Teacher of the Year award. Keith Anderson accepted the award and told the Council that he was proud to be a teacher in and resident of Mounds View. B. Certificate of Appreciation for Mike Hanson- American Truck Driving Association's Professional Truck Driving Championship Acting-Mayor Koopmeiners awarded a Certificate of Appreciation to Mike Hanson for his efforts in winning the American Truck Driving Association's Professional Truck Driving Championship, 1st place in the "Flatbed Division." Mike Hanson is an employee of SYSCO, a business located in the City of Mounds View. 5. CONSENT AGENDA A. Approve Just and Correct Claims MOTION/SECOND: Gunn/Quick to approve the Consent Agenda as published VOTE: Ayes - 4 Nays - 0 The motion carried 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR David W. Jahnke, 8428 Eastwood Road, asked the following questions: 1. How did the City get from the original Resolution on the Community Center to Page 3 tii%APPROVED November 9, 1998 Mounds View City Council $6.5 million on the Bel Rae Ballroom? 2. Is it true that the Children Home's Society wants to get out of their lease, or renegotiate the lease to a lesser amount? 3. Did the City lose or gain money in regard to the litigation at the "Golf Course." 4. Are the taxes charged on utilities in the City going to go up or stay at their current levels? City Administrator Whiting offered the following answers to Mr. Jahnke's questions: 1. The correct amount for the Community Center(the old Bel Rae Ballroom) is $6.2 million dollars. This is a total of all of the costs incurred to date. At the time of the referendum the amount was $3.3 million. Prior to that about$800,000- 900,000 had been spent. After the referendum process there were additions to the proposed design of the building, which were agreed to and approved by the City Council in conjunction with the Community Center Task Force. These changes brought the project to its current$6.2 million. Whiting told Mr. Jahnke that he would forward to him a breakdown of all of the costs. Mr. Jahnke expressed his concern that the citizens never had an opportunity to vote on all of the changes that are taking place on the project. "The original Resolution and the Charter called for only going over a certain percent, by a Resolution," he said. "Legally, by the Charter, how did this happen?" 2. Whiting told Mr. Jahnke the Children's Home Society, during the summer months, had been experiencing some shortfalls in the number of children that it cares for. Currently the number of children being cared for has increased. The City has been in discussion with Children's Home Society in regard to what could be done to keep them in the building or whether or not the City should find someone else to operate the facility. A verbal agreement has been reached to the effect that Children's Home Society will stay in the building for the "base rent," $30,000 for 1999. Any difference (shortfall)will be held in escrow to be paid back at some point in the future, or if they decide to break the lease ahead of time they will owe that amount($8,000 - 15,000)to the City. Their play ground equipment will be installed along with other undefined equipment. If and when they leave all of this equipment would be left to the City. The Council has agreed to this approach and a written document is being prepared by staff. 3. City Attorney Long told Mr. Jahnke the City won its litigation involving the Golf Course. The City was paid$125,000 as a result of this litigation. Cost of litigation was $300,000. Page 4 UNAPPROVED November 9, 1998 Mounds View City Council 4. Whiting stated the the tax on utilities issue would be discussed later in the Council's regular meeting. The Franchise Fee expires at the end of the year. The only way to keep it going is to pass an ordinance so the City can notify NSP to continue their services. Julie Olson, 2663 Lake Court Circle, requested information/documentation regarding the "overspending" at the Community Center. Continuing, Ms. Olson asked when the TIF District No. 4, which the Community Center is part of, would be decertified and how would the citizens go about having the TIF District No. 4 decertified if it has not been done. Whiting stated the issue would be put on the Council's future agenda for action. Kessel told Ms. Olson state law requires that the district be decertified if there is no activity in the district. Ms. Olson asked if the Holiday Gas Station, which is part of TIF District No. 2, could be decertified. She stated the money realized by the City's general fund from decertification of these TIF districts would help make up the operating funds needed for the new Community Center. Kessel stated. "80 percent of the money that's coming into the district is not General Fund Money. It's from the School District and the County. So, the City is approximately 18-20 percent of the total taxes." Jopke told the Council they could take any parcel of land out of a Tax Increment District. You can decertify districts or you can decertify individual properties. Koopmeiners suggested putting the issue on a December Council Work Session for future discussion. Stigney suggested putting the senior housing project on the same discussion agenda because they are no longer looking for TIF assistance. Jopke stated when the senior housing project changed from an apartment complex to a co-op concept there was a change in the project's tax structure. Real Life has decided that TIF assistance is not needed. Dan Coughlin, 8468 Spring Lake Road, offered his thanks to the City staff, in particular Chuck Whiting and Cari Schmidt, for their good work during the past election process. 7. COUNCIL BUSINESS A. Public Hearing and Consideration of Ordinance No. 622, an Ordinance Implementing a franchise fee on electric and natural gas utility companies for the operation of the utility within the City of Mounds View. 1. Public Hearing and Second Reading UNAPPROVED Page 5 November 9, 1998 Mounds View City Council 2. Motion to Adopt Kessel recommended holding off on the Motion to Adopt in light of its impact on the budget discussions taking place during the week of November 16, 1998. Acting-Mayor Koopmeiners closed the Council meeting and opened the public hearing. David Jahnke, 8428 Eastwood Road, said it was his understanding that it was the City's goal to get taxes taken off of the utilities used by the City residents. "Why does the City want to raise taxes? Is it because we spent so much money on the Bel Rae and all other things?" he asked. Acting-Mayor Koopmeiners said there are other issues besides the new Community Center that the City needs to generate funds to pay for, such as: paying for the police officers that had been part of a federal funding program that is no longer funded. Whiting said street improvement funds also needed to be maintained. Acting-Mayor Koopmeiners closed the public hearing and returned the floor to the Council. MOTION/SECOND: Quick/Gunn to waive the second reading of Ordinance No. 622, an Ordinance Implementing a franchise fee on electric and natural gas utility companies for the operation of the utility in the City of Mounds View. The Motion to Adopt was tabled until the City Council meeting of November 16, 1998. VOTE: Ayes -4 Nays - 0 The motion carried B. Discussion of Community Center Management Options. Whiting said the item was put on the agenda to solicit suggestions and discussion from the community in regard to how best to manage the Community Center's operations. One of the goals is to keep the operations, on a yearly basis, as free from the general fund budget as possible. Early on in the planning of the Community Center one of the operation options that had been considered was working with a volleyball association(the B.V. Diggs Group) as the operator of the Community Center. This plan did not come to fruition. Other options were to take the existing Park and Recreation staff,move them into the new facility and compliment them with added personnel to help cover the hours of operation on a seven-day a week, full-time operation schedule. This option is financially undesirable because of the City's limited levy increase. Requests for Proposals (RFP) were sent out to private vendors to solicit bids for private management of the Community Center. The YMCA, The City of New Brighton, and Innovative Images responded to the RFPs. Page 6 ` November 9, 1998 Mounds View City Council The proposals were reviewed by staff and Council Members. New Brighton's proposal was based on how they run the New Brighton Family Services Center. It was very strong on building management. They were proposing to share some administrative costs with the City of Mounds View. Innovative Images made a presentation that was very strong in marketing. They emphasized the Center's banquet facility and activities that would generate revenues. Another feature of their proposal was to act as a contracted employee to oversee the Park and Recreation programs not only in the Community Center but throughout the entire community. Whiting turned the floor over to Bruce Kessel to discuss the YMCA proposal. Kessel told the Council that several options had been discussed in regard to having the YMCA involved in the Community Center. This included after school and summer programming. Another option is for the YMCA to do all of the City's recreation programming. After preliminary evaluation it appeared that between$50,000 - 100,000 could be saved by having the YMCA take over the entire Park and Recreation program. Guidelines for the YMCA's operation of the City's Park and Recreation program were stated as: 1. City input into the types of programs that would be offered 2. Local input into the fee charged for the programs 3. Local input into the hours of operation 4. Retain the existing fee structure a. set fees per program and not monthly fees 5. Additional joint ventures 6. Additional fund raising 7. Take advantage of senior and volunteers The YMCA would furnish a local manager on site with oversight from the Shoreview Executive Director. There would be local programmers and local instructors. Pam Reimersma, YMCA representative, gave the following presentation: A brief history of the YMCA was given. The YMCA has nine branches and three resident camps. Ms. Reimersma read the YMCA's mission statement which emphasizes "strong kids, strong families and strong communities." The YMCA sees this opportunity with Mounds View as an extension of its services to the community and not as an economic opportunity; although one of its objectives is operate a facility "in the black. All of the YMCA's programs include the core values of caring, honesty, respect, and responsibility. UNAPPROVED Page 7 November 9, 1998 Mounds View City Council The YMCA has collaborated with the City of Shoreview in running their summer parks and recreation programs. This includes sharing of staff and internal activities. A similar program was set up in New Brighton. There is also strong participation with Mounds View community education and school district and the Suburban Ramsey Family Collaborative. The YMCA would provide: 1. Program directors 2. A person that would be responsible for the management of the facility 3. Support staff for the park and recreation programs 4. The staff would be hired by the Northwest YMCA and comply with their personnel policies 5. Mounds Views Park and Recreation Commission would be asked for help in planning the programs 6. Programs and fees would be established by the YMCA with consultation from Mounds View's Parks and Recreation Commission 7. Mounds View residents would be provided a"fee" specifically for them 8. Other communities would be encouraged to participate in the programs 9. No annual membership would apply at the Mounds View branch Acting Mayor Koopmeiners opened the floor for question of the YMCA presenters. Julie Olson expressed her concern that the City staff had not advertised in enough venues for the RFP for managing the Community Center. She also stated she would be in favor of having the YMCA operate the Community Center. Ms. Olson suggested formulating a management agreement that was entered into on a year-to year basis. Kessel stated the City would be looking at an agreement for three to five years with renewal options. Ms. Olson asked if the YMCA would run the Community Center and park and recreation activities totally independent of the City. Whiting stated the City's basis for performance standards, for service delivery, is what is happening now. It is the feeling of staff that these performance standards should be maintained. David Jahnke gave the Council his recommendation to offer the YMCA the management contract because, "they can run a business better than a government can." r UNAPPROVED Page 8 November 9, 1998 Mounds View City Council Pam Starr, Park and Recreation Commissioner, asked for the following clarifications: 1. What will the staffing levels be at the Community Center which are dedicated to park and recreation activities? Pam Reimersma stated there would be two full- time employees for this purpose. 2. What do you think that the fee levels will be, do you think that they will be the same, increasing, decreasing? Pam Reimersma stated the fee structure would be established with the input of the Park and Recreation Commissioners and staff. It is the YMCA's intent to cover the expense from staffing and run a quality program. 3. What happens if the YMCA's budget doesn't deliver the type of service that the City currently has? Scott Goyer stated the expenses and incomes for programs will be handled just as they are being handled now. If there are surpluses they will be shared with the YMCA and the City. Kessel stated the programming would be identical to what is currently being offered by the City. 4. If the level of service is less, will the YMCA's budget make up for any short falls? Kessel stated the projected cost for the YMCA to operate identical programs is the same as the City is expending now. Savings will be realized in overhead and administrative costs. Ms. Starr stated the Park and Recreation Commission wants to see fees and the level of service remain the same. She asked for an itemized budget for the YMCA's proposal. Richard Sonterre, 5060 Red Oak Drive, expressed his concern that the YMCA could effectively operate Mounds View's Park and Recreation programs. He said he was concerned with the YMCA's lack of experience in handling this type of program in other communities in the area. Whiting said if the YMCA and Mounds View do enter into a management agreement for the Community Center, maintaining the current level of services will be an ongoing effort for both the City and the YMCA. "The City's intent is for no cut in services; although,realistically, it will be different. The people will have to judge for themselves whether it is better or worse," he added. Mr. Sonterre asked if some of the Parks and Recreation work load is shifted to Public Works, will they be getting additional help to offset their added responsibilities. Whiting said the two individuals that are currently Park employees would be shifted over to the Public Works Department. Again,the City staff would be responsive to public input in regard to the level of service and whether the current level of service is being maintained. Page 9 UNAPPROVED November 9, 1998 Mounds View City Council Mr. Sonterre expressed his concern that this process of the proposed dismantling of the Parks and Recreation Department was the beginning of"out sourcing" for City services. He stated he was not opposed to the YMCA proposal but he is concerned at the speed that the process is going at. The City has a successful quality service (Parks and Recreation) and yet they are considering turning over the management responsibilities of that Department to an organization that has no past experience in running a parks and recreation department. Mary Saarion, Director of Parks and Recreation for the City of Mounds View, gave a brief overview of the services that the City's Parks and Recreation Department provides. These include parks facilities,recreation programs, obtaining grants for facility and program improvements, training of citizen volunteers to help in operating the facilities and programs, and employing and training youth in park and recreation programs. The Park and Recreation budget has been reduced from $800,000 in 1988 to $500,000 in 1998. This has been done with study into more efficient operations and scheduling, with service evaluation, and with hard work. The current budget cannot be cut any more without cutting either services or staff. Ms. Saarion encouraged the YMCA to take over the operation of the Parks and Recreation Department if they thought they could furnish the same quality and level of services that are now being offered. She stated of the 104 recreation program areas, only 14 of those areas are to be held at the Community Center. The remaining 90 programs are held out in the community, in the schools, churches and parks. "Who is going to manage this remaining 87 percent of the programming?" she asked. Ms. Saarion urged the staff and Council to make sure that the service delivery would meet the communities expectations. Mike Sapanski, 2485 Oak Court Drive, expressed his concern that the City built a Community Center and doesn't know what they are going to use it for. He also expressed his concern that the City's "vague proposal" to the YMCA, would yield dollar savings that are just as vague. Mr. Sapanski expressed his concern with "outsourcing" of the City's labor. Scott Denz, Park and Recreation Commission, Commissioner, agreed with all of the previous comments made by Parks and Recreation Commissioners. He asked staff to provide to the Commission a detailed YMCA proposal and any specifications that were provided to the YMCA to make their proposal on. Mr. Denz asked staff who would be handling grant applications if the YMCA was to take over the operation of the City's Parks and Recreation Department. He sated his opposition to hiring the YMCA to manage the City's Parks and Recreation Department. Whiting stated grant applications would have to be a joint effort between the YMCA and the City. He added a meeting would be held with the current Parks and Recreation Commission before any final decision is made. John Craiger, 8280 Pleasant View Drive, said his biggest concern, and what the communities Page 10 UNAPPROVED November 9, 1998 Mounds View City Council biggest concern should be is: "How will the kids benefit? How will the adults benefit? And how will the City benefit from hiring the YMCA to manage the Parks and Recreation Department?" Mr. Sonterre asked if the budget proposals would be based on the City's operation of the Parks and Recreation Department or the YMCA's proposal. Whiting stated that would be a discussion held by the Council in the following weeks prior to approving the budget. Harvey Feldman,New Hope, MN, stated he had been the Minneapolis Park and Recreation's Assistant Superintendent for Administration for 20 years. During that time he had the opportunity to write 21 "joint facility agreements" with the Boys' and Girls' Clubs, Pillsbury United, and many with the School Board. Government is being asked to provide more services with less money, as Mr. Quick eluded to, he said. Mr. Feldman suggested not proceeding with any agreement with the YMCA without an agreement signed by the Board of Directors of the YMCA;the main governing board. He suggested not approving any agreement until the new City Council was in place. Mr. Feldman offered a lengthy list of items to include in an agreement if and when it is reached. He suggested agreeing to nothing less than a five-year time period for the agreement. Mr. Feldman offered his advise as an interested professional if and when the City decides to proceed with hiring the YMCA as its Community Center manager. He also added that the YMCA, as part of its operating function, can take profit from its existing operations to support other facilities that it is running, and Mounds View must be aware of this fact. Gunn asked the Commission if it came to increases in fees or taxes how much they would be willing to pay to keep the operation of the Parks and Recreation Department "in-house." The Commission answered they would be willing to pay higher fees to keep the services in-house. Terresa Lexan, 5229 Jeffery Drive N.E., expressed her concern that the personnel that would be working out of the Community Center under the YMCA organization would be entry level, inexperienced people, replacing the City's experienced staff. She stated she was happy with the City's staff running the Park and Recreation programs. Ms. Lexan suggested not looking at the issue as an "all or nothing type of choice." It might be possible to have the City and the YMCA work together to operate the facility, she said. Stigney advised the Council to consider the comments of the incoming Council members in any discussions held on the Community Center management issue. This would give the Council "eight people looking at the issue instead of five. He offered his appreciation to the YMCA staff for taking into consideration all of the questions and comments being offered at this meeting. Page 11 UNAPPROVED November 9, 1998 Mounds View City Council Gunn asked the YMCA staff why they were interested in doing something of this nature when they had no prior experience. Scott Goyer told the Council the Y's vision is to work with communities. This is an opportunity to fulfill their vision. He gave a list of YMCA facilities located throughout the country that do operate parks and recreation departments for their surrounding cities. Ms. Starr asked: "Do you see any money coming out of the Mounds View operation that would go back into the inner city YMCA's?" She strongly urged that language be included in the contract that would keep surplus funds, from the operations of the Community Center by the YMCA, in the City of Mounds View. Mr. Goyer stated it was the YMCA's intent to recoup the money that it takes to provide the services. Surplus funds would be put back into the system to improve the programs that are being offered, he said. Ms. Reimersma asked the Council to keep in mind that the YMCA's fund raising efforts could possibly bring money into this city from other cities. Acting-Mayor Koopmeiners called for a five-minute break- 9:45 Acting-Mayor Koopmeiners called the meeting back to order at 9:50 C. Consider Authorizing the Mayor and City Administrator to Finalize and Execute the Agreement with Innovative Images for Banquet Center Management. Kessel gave his report as follows: The City Attorney has not reviewed the final draft so any agreement would be subject to his review. The contract is proposed to be a five-year contract starting January 1, 1999 continuing through 2003, with options for renewal periods. Compensation would be based on how much rental and other fees are generated at the banquet center. A list of compensation percentages versus gross revenues was reviewed. Images will be responsible for the management, marketing, reservations and events at the facility. Kessel said that several other cities had been contacted to determine if the program being offered by Images was to the City's best interest. The City will have the option of reserving time for its needs taking into consideration the busy times of the year where Images would be generating most of its business. Page 12 UNAPPROVED November 9, 1998 Mounds View City Council MOTION/SECOND: Quick/Gunn to Authorize the Mayor and City Administrator to Finalize and Execute the Agreement with Innovative Images for Banquet Center Management; and that the City Attorney will word the contract to create and "early review period" (two years) or to create some additional language to allow the City, at its determination,to request a review in the negotiation. Discussion: Acting-Mayor Koopmeiners expressed his concern that proper termination clauses be developed by the City Attorney. He also asked who would determine nonperformance of the operator. Whiting stated there would be some staff oversight of the facility and they would determine any issues of nonperformance. Acting-Mayor Koopmeiners expressed his concern in regard to having a five-year contract and not being able to change operators if there were nonperformance issues. Stigney said he had no idea if Image's proposal was good or not because there were no other companies that submitted proposals to manage the banquet facility. Whiting stated that in the original RFP for management of the Community Center, Images was the only firm that addressed an active marketing program for the banquet facility. Staff decided that a negotiated agreement with Images would be in order because of the expertise that they offered in this area. The City had only received three responses to its RFP for management of the Community Center and its facilities. Whiting stated at this point it would not be fair to Images to release their contract specifications for an open public bid. Stigney stated staff should have gone out and solicited other bids. He agreed that it wouldn't be fair to Images but it is also not fair to other possible vendors. "If the staff feels this is good and the rest of the Council feels this is good, I guess that's the thing that is the bottom line here," he added. Stigney stated the City Attorney needs to spend more time in "fine tuning" the contract. He said that he would like to go over some of the contract details with the Finance Director before the contract is adopted. Julie Olson asked that the City Attorney review the contract before any final decision is made. She also expressed her concern with a five-year contract. Ms. Olson said she was in favor of offering Images a year-to-year contract. Whiting stated he disagreed with the year-to-year agreement. "Who would want to commit certain resources and time to make a commitment to an endeavor for only a one-year period?" he Page 13 UNAPPROVED November 9, 1998 Mounds View City Council asked. Whiting stated he could not support, as City Administrator, opening up Images contract for public bid. Ms. Olson stated the process should be opened up for public bid. Dan Coughlin suggested offering the banquet manager a"probationary period" which would give both the contractor and the City the ability to assess operation successes and failures. He stated he would not be in favor of a five-year contract. City Attorney Long stated the first term, whether it be six months or a year, couldn't really be covered in a termination clause. "As a policy matter the term of the contract is important and separate from the termination clause," he added. Quick stated, "Image's owner has a track record with the City and I feel perfectly comfortable with this individual handling this job...I don't see any problem. I don't see any need for a probationary period. I think we're drawing at straws. I think there might be some political undertones here, considering what happened here in the last couple of weeks (the election), and I'm sick and tired of hearing it....All's we're doing is burning time." Stigney stated the issue can be carried over and Quick was out of order. Mr. Coughlin stated the issue wasn't politically motivated. But, "Are we going to set a precedent where we just base things off of our own personal impressions of individuals here in town. Or do we basically say, this is an agreement, forget the personalities involved, but this is an agreement that the City is entering into that may or may not work out. On that basis, and on that basis alone, I raise the concern of entering into a long term contract when we have no track record with a facility that hasn't opened yet." Long stated if the Council's wish is to have the ability to renegotiate the contract at any point, that statement would have to be added to the contract. Stigney stated Images would be a good choice for the job; however,they have no experience in managing a banquet facility. If we're going to look at this individual for this job maybe we should go out for RFPs and see what else might be out there. "And the bottom line is, whoever looks like they've presented the overall package for the City perhaps that would be the way to go," he added. Stigney suggested holding off on a decision on the banquet facility. Gunn stated she was in favor of a two year contract because it would take more than one year to get the facility "up and running" to the point of profitability. • r,•, r‘,,H, !ir..v Page 14 November 9, 1998 Mounds View City Council VOTE: Ayes - 3 Nays - 1(Stigney) The motion carried D. Consider Authorizing the City Administrator to enter into contract with Innovative Images to begin the steps necessary to manage, operate and market the banquet center for the remainder of 1998. Kessel gave his report as follows: The purpose of the request is to start getting contracts and rate finalization. The proposal is to pay Innovative Images $2,000 for the remainder of the 1998 year to advertise, handle inquiries, and handle the day-to-day operations of the banquet facility for the rest of the year. Stigney recommended using current staffing to do the job. MOTION/SECOND: Gunn/Quick to Authorize the City Administrator to enter into a contract with Innovative Images to begin the steps necessary to manage, operate, and market the banquet center for the remainder fo 1998. VOTE: Ayes - 3 Nays - 1(Stigney) The motion carried E. Set a Public Hearing for Ordinance No. 623, An Ordinance authorizing the City Council of the City of Mounds View to set water and waste water rates and surcharges effective with the January 1999 billings. 1. Conduct First Reading; and 2. Motion to Set a Date for Public Hearing at 7:00 p.m. and Second Reading for December 14, 1998 Kessel gave his report as follows: What's being proposed is that all quarterly meter charges would remain the same. Water rates would be raised from $1.40 to $1.45/per 1,000 gals. Waste water rates would be raised from $45.50 to $47 per quarter, effective January 1, 1999. MOTION/SECOND: Quick/Stigney to waive the First Reading and set a Public Hearing for Ordinance No. 623,An Ordinance authorizing the City Council of the City of Mounds View to set water and waste water rates and surcharges effective with the January 1999 billings. The Public Hearing will be set for 7:00 p.m., December 14, 1998. VOTE: Ayes -4 Nays - 0 The motion carried uNAppRovED Page 15 November 9, 1998 Mounds View City Council F. Set a Public Hearing for Ordinance No. 624,An Ordinance adopting the Long Term Financial Plan MOTION/SECOND: Quick/Gunn to waive the First Reading and Set a Public Hearing for Ordinance No. 624, An Ordinance adopting the Long Term Financial Plan. The Public Hearing will be set for 7:05 p.m., December 14, 1998. VOTE: Ayes - 4 Nays - 0 The motion carried G. Resignation of Planning Commission Member Bobbi Brooks MOTION/SECOND: Gunn/Stigney to accept the October 22, 1998 resignation of Bobbi Brooks from the Planning Commission. VOTE: Ayes -4 Nays - 0 The motion carried Jopke gave his report as follows: The Planning Commission is asking the Council direct staff to advertise the Planning Commission's open seat, contact the previous applicants that had expressed interest in the seat vacated by Marshal Johnston; and give the Planning Commission the opportunity to interview and recommend the candidate to fill the vacancy. H. Resolution No. 5287, Requesting an Extension of Comprehensive Plan Submittal Deadline Jopke gave his report as follows: The Metropolitan Council has indicated that over half of the communities in the metropolitan area have or will be requesting and extension to their Comprehensive Plan Update process. Staff is also recommending that the City of Mounds View apply for an extension. The following is a revised schedule: 1. Draft plan completion- January 29, 1998 2. Planning Commission sponsored community forums in February 3. Planning Commission sponsored formal public hearing and recommendation to adopt to the City Council in March 4. City Council sponsored public hearing and approve the updated Comprehensive Plan for submittal to the Metropolitan Council in April 5. 60 day approval process by the Metropolitan Council and final adoption by the N AP R OVED Page 16 November 9, 1998 Mounds View City Council City of Mounds View MOTION/SECOND: Gunn/Stigney to approve Resolution 5278, Requesting an extension of Comprehensive Plan Submittal Deadline. VOTE: Ayes - 4 Nays - 0 The motion carried I. Consideration of Resolution No. 5276, Authorizing Release of Use Deed to Ramsey County for Property known as PID #08-30-23-22-0002 MOTION/SECOND: Quick/Gunn to approve Resolution no. 5276, Authorizing Release of Use Deed to Ramsey County for Property known as PID #08-30-23-22-0002 Discussion: Stigney asked whether TIF money could be used to purchase the property. Jopke told the Council that TIF money can be used to acquire property. The purpose of the TIF funds has to be outlined in the purpose of the TIF plans. If it is indicated that land will be acquired for economic development purposes,then the TIF funds can be used. If the property was purchased and resold, the proceeds would have to go back into the TIF pool. Stigney asked if the Salvation Army had tax exempt status, do they pay city and county taxes, or not. Jopke stated it depends on the funding source of the project that they are proposing. Stigney asked if the City has to assume a tax exempt development. Long stated if the property was purchased by a private entity they would be responsible for taxes. But if a tax exempt entity bought the property, and it was properly zoned,the City could not stop the development. VOTE: Ayes - 4 Nays - 0 The motion carried I. Consideration of appointing Jim Schmidt, 5446 Erickson Road, Mounds View, to the Streets Policy Committee MOTION/SECOND: Stigney/Gunn to approve the appointment of Jim Schmidt, 5446 Erickson Road, Mounds View, to the Streets Policy Committee. p Page 17 I , ,APPROVED November 9, 1998 Mounds View City Council VOTE: Ayes -4 Nays - 0 The motion carried 8. REPORTS Quick No Report Gunn asked Director Ulrich for an update on the City's missing traffic counter. Director Ulrich told the Council that one of the City's new traffic counters, and aluminum fixture that is applied to the street with a special adhesive tape,had been removed from the street and has not been seen since. He asked the viewing audience to keep a look out for the object and, if found,to return it to the City Hall. Stigney No Report Whiting thanked Cari Schmidt and the election judges for the work that they had done at the recent elections. Whiting also told the Council that Council Member Gunn had requested a recount of the recent election for her seat on the Council. This recount will be held November 16, 1998, at the City Hall. Attorney Long No Report Acting-Mayor Koopmeiners thanked Cari Schmidt and the election judges for the work that they had done at the recent elections. 9. Next Council Work Session: December 7, 1998 - 6:00 p.m. Next Council Meeting: November 23, 1998 - 7:00 p.m. 10. Adjournment MOTION/SECOND: Stigney/Gunn to adjourn the meeting at 11:28 p.m. VOTE: Ayes - 4 Nays - 0 The motion carried. Respectfully submitted, 1441 /j(0 - -kecordeL APPROVED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 26, 1998 Mounds View City Hall 2401 Highway 10,Mounds View, MN 55112 1. CALL MEETING TO ORDER The Mounds View City Council was called to order by Mayor McCarty at 7:00 p.m., on October 26, 1998. 2. ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council Members Gunn, Koopmeiners, Stigney, and Quick. ALSO PRESENT: Mike Ulrich, Acting Clerk Administrator; Cari Schmidt,Assistant to the Clerk Administrator; Rick Jopke; Community Development Director, Bruce Kessel, Finance Director; Kevin Carroll Economic Development Coordinator; Bob Long, City Attorney; Steve Dorgan, Housing Inspector and Dave Hix, Recording Secretary ABSENT: Chuck Whiting, Clerk Administrator(excused). 3. APPROVAL OF MINUTES A. October 13, 1998, City Council Meeting Minutes Mayor McCarty asked for corrections and/or additions to the October 13, 1998, City Council Meeting Minutes. Stigney offered the following correction: On Page 10, correct the spelling of the name "Conklin" to "Coughlin." MOTION/SECOND: Koopmeiners/Stigney to approve the October 13, 1998 City Council Meeting Minutes as published and amended. VOTE: Ayes - 5 Nays - 0 The motion carried. 4. SPECIAL ORDER OF BUSINESS APPROVD Page 2 E October 26, 1998 Mounds View City Council A. Certificate of Recognition for Keith Anderson. Mayor McCarty told the Council Mr. Anderson would not be available to receive his award at this meeting. The certificate award was tabled until the November 9, 1998, City Council Regular Meeting. 5. CONSENT AGENDA A. Approve Just and Correct Claims B. Set a special meeting for canvassing election results Mayor McCarty stated Wednesday November 4, 1998, at 5:00 p.m. as the time and date for the Special Meeting for the purpose of canvassing election results. MOTION/SECOND: Quick/Koopmeiners to approve the Agenda as published. VOTE: Ayes - 5 Nays - 0 The motion carried. 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR Mayor McCarty opened the floor to the public for requests and comments on items not on the agenda. No residents'requests or comments were considered on items not on the agenda. Mayor McCarty returned the floor to the Council. 7. COUNCIL BUSINESS A. Consideration of Resolution No. 5275, Approving the Fire Dispatching Services Agreement. MOTION/SECOND: Stigney/Gunn to Approve Resolution No. 5275 Anoka County Fire Dispatching Services. VOTE: Ayes - 5 Nays - 0 The motion carried. B. Consideration of TOLD Development Co. offer to Purchase City Owned Property. Page 3 APPROVED October 26, 1998 Mounds View City Council Director Jopke gave his report as follows: When Edgewood Drive is relocated in the spring of 1999, a 1.5 acre remnant site will be created which could be developed. Also in the area is the 9.4 acre Midland Videen property. Because the two sites would be contiguous, it makes sense to market them together to get the best development. The Midland Videen site also offers an opportunity to solve some parking and wetland mitigation problems on the adjacent Community Center site. In June of 1998, the City Council authorized staff to enter into an option agreement to purchase the Midland Videen property and to sent out a Request For Proposal to seek unified well planned development on the parcel. To date no agreement between the City and property owner has been reached and the owner of the Midland Videen property continues to negotiate with other possible buyers. The City has also proceeded with another alternative to solve the parking and wetland mitigation problem at the Community center. TOLD Development has recently offered to buy the 1.5 acres that will remain as a result of the Edgewood realignment. They have also signed a letter of intent to purchase the Midland Videen property. TOLD's intent is to develop a Walgreen Drug Store on the site. The City owned remnant site is currently guided for CC Civic Center uses by the City's Comprehensive Plan and is zoned PF Public Facilities. The Midland Videen property is currently guided as MD Medium Density Residential by the Comprehensive Plan and is zoned B-3 Highway Business. A Comprehensive Plan amendment and rezoning of the city-owned remnant would be required if the site is to be developed for commercial uses. A Comprehensive Plan amendment for the Midland Videen property would also be required. Additional City approvals may be required depending on the use of the property and the design and location of the building(s) on the site. Staff was recommending that the City Council authorize staff to prepare a Preliminary Negotiations Agreement to grant TOLD Development Co. exclusive development rights for the city-owned remnant parcel for a period of 180 days. During this 180-day period, review and hearings of any required Comprehensive Plan Amendments, rezonings or other required City approvals could occur. A second option would be to let Anthony Properties,who also have expressed interest in the properties, to make their proposal and choose the proposal that best suites the intent of the City's development goals. A third opportunity would be to table the issue, send out RFP's for just the City owned parcel, allow TOLD, Anthony Properties and other interested developers to make their proposals, and Page 4 APPROVED October 26, 1998 Mounds View City Council again select the proposal that best meets the City's development goals. Bob Cunningham told the Council that TOLD Development continues to look for a suitable development site for the Walgreen Drug Store. This would be the development plans for the parcels under discussion. Stigney asked for clarification in regard to Anthony Properties statement that they are also negotiating with TOLD Development for a Walgreen site. Mr. Cunningham told the Council his client would prefer to have the store on the north side of Highway 10 (the remnant, and Videen site) as opposed to developing across the Highway at the Anthony property site at the corner of Long Lake Road and Highway 10. Wendell Smith stated Anthony Properties wishes to submit its proposal under the RFP process for the remnant property being discussed. Mayor McCarty asked if the Planning Commission was aware of any of the proposals being made on the Edgewood realignment remnants. Jopke stated the planning Commission had not had any specific proposals presented to them and they have not discussed specific rezonings or Comprehensive Plan amendments related to the development of the site. Jerry Linke, 2319 Knoll Drive, spoke in favor of developing the remnant property as park land. He suggested that staff have an appraisal done on the property to get a current market value for the property. MOTION/SECOND: Quick/ Gunn to direct staff to develop a Request for Proposal (RFP), send that out to TOLD Development, Anthony Properties and other interested developers and evaluate those proposals choosing the one that best meets the City's development goals. Discussion: Mayor McCarty spoke in opposition of the motion stating that it was premature to consider developing the remnant when the final SEH plans for the Edgewood realignment had not been submitted to even know how much property there was going to be. He asked the Council to consider postponing the issue permanently. He also said the Planning Commission should be involved in further planning the guidance and zoning of the properties. Jopke suggested that the RFP process could help the City understand what the best use for the site might be. Page 5 tri4 October 26, 1998 Mounds View City Council Quick/Gunn withdrew their motion/second. MOTION/SECOND: Gunn/Stigney to postpone indefinitely any consideration for the development of the Edgewood realignment remnant property. VOTE: Ayes - 5 Nays - 0 The motion carried. C. Consideration of Salvation Army Request for Purchase of Property Housing Inspector Dorgan gave his report as follows: At the work session on September 8, 1998,the Council reviewed a proposal from the Salvation Army requesting the City to acquire and sell a tax-forfeited parcel to them for a proposed development. The Salvation Army is proposing to acquire the parcel as well as the adjacent lot owned by Glen Thorpe Realty for the development of an eight-unit-multi-family housing building. The subject site is located on Woodland Drive south of County Road I. The Salvation Army is requesting the City Council approve the acquisition and resale of the proposed parcel contingent upon the approval of the rezoning and development review by the City Council. The City filed a "use deed" on the proposed lot in 1995 for the purposes of multi-family residential parking. The use deed has a five year term. Because the property is not currently being used for the intended purpose of the use deed, the Ramsey County Assessor has stated the property must either be used for the requested use, acquired by the City, or the use deed released back to the County. Staff was requesting direction from the Council. Options included: 1. Arrange for the purchase and resale of the property to the Salvation Army contingent upon the City approving the development proposal for the subject site. 2. Release the use deed and acquire the property for the assessed value of approximately $29,000 for future development purposes. 3. Release the use deed and turn back the property to Ramsey County where the property would be sold at public auction. Stigney expressed his concern that the property would be off of the City and County tax roles because the Salvation Army is tax exempt. City Attorney Long stated it would be best to research the tax issue because there are very few Page 6 October 26, 1998 Mounds View City Council organizations that are tax exempt. MOTION/SECOND: Quick/Koopmeiners to release the use deed and return the property to Ramsey County where it would be sold at public auction. Discussion: Stigney suggested that the City buy the property as in investment or future potential development. McCarty stated the City is not in the real estate business in competition with private Realtors. Stigney asked the Motioner/Seconder to direct staff to research the issue and see what options were available for TIF funding etc. Koopmeiners stated the property in question is not an ideal piece of property and it has been sitting vacant for some time. He stated the property would be better off going up for auction and let the private enterprise system develop the land. Economic Development Coordinator Carroll stated it would be nice to have an inventory of developable properties, which in a sense the City does with the properties in the City that are privately owned. These parcels of land can be promoted without acquiring ownership of them. The City will actively assist developers in their attempts to improve properties within the City, he stated. VOTE: Ayes - 5 Nays - 0 The motion carried. 8. REPORTS Quick No Report Koopmeiners No Report Gunn stated she had visited the new Schwanz Super Rink located in Blaine, which is billed as the largest indoor ice rink in the country. She encouraged all Mounds View citizens to visit and use the facility. Stigney No Report Mayor McCarty asked for an update on the Golf Course from Director Kessel. Kessel told the Council that the Golf Course has lost money since its opening. Part of this is due to on-going litigation for construction issues. The Golf Course budget will be reviewed at an upcoming Council meeting. A ten year projection, and restructuring plan, including cash flows, will be reviewed at that time. Mike Ulrich said there will be a Candidate Forum broadcast live on the City's cable access • i Page 7 1 .Y ' L October 26, 1998 Mounds View City Council channel October 27, 1998, 7:00 p.m.- 9:00 p.m. Residents without cable access can watch the program at City Hall. The election polling location is at Edgewood Middle school, opening at 7:00 a.m. and closing at 8:00 p.m. Parking will be available all day long. Absentee ballots are available at City Hall Monday - Friday and Monday November 2, from 8:00 a.m. - 4:30 p.m. City Attorney Long asked the Council to move the November 2, 1998 work session up to 5:00 p.m. to accommodate a closed session prior to the regularly scheduled work session to hear from the expert and attorneys in regard to the MAC lawsuit. MOTION/SECOND: Gunn/Stigney to change the time of the November 2, 1998 Council Work Session from 6:00 p.m. to 5:00 p.m. VOTE: Ayes - 5 Nays - 0 The motion carried. 9. Next Council Work Session: Monday,November 2, 1998 - 5:00 p.m.(dinner meeting) Next Council Meeting: Monday,November 9, 1998 - 7:00 p.m. 10. ADJOURNMENT There being no further business before the City Council, Mayor McCarty adjourned the meeting at 8:05 p.m. Respectfully submitted, 6 Dave Hix Recorder 11-74 RESOLUTION NO. 5279 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STA l'E OF MINNESOTA RESOLUTION OF COMMENDATION AND RECOGNITION TO THE 1998 ELECTION JUDGES FOR A SUCCESSFUL PRIMARY AND GENERAL ELECTION WHEREAS, the Election Judges and Clerk Administrator have successfully completed the 1998 Primary Election and General Election; and WHEREAS, the Election Judges deserve special recognition from the governing body and the employees of Mounds View for their committed service to the City of _ Mounds View; and WHEREAS, the exceptional quality service continued to be provided to residents and customers throughout the General and Primary Elections; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View, on behalf of the elected officials, employees and citizens, appreciation and gratitude is hereby extended to the Election Judges for their devotion to the City of Mounds View, this 23rd day of November, 1998. Mayor McCarty Council member Gunn Council member Quick Council member Koopmeiners Council member Stigney Clerk-Administrator Whiting CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS, the City of Mounds View, pursuant to Minnesota Statute 412.141, has full authority over the financial affairs of the City and; WHEREAS,the City Council has reviewed the claim numbers: 12122 through 12125 in the amount of$ 33,644.32 12126 through 12239 in the amount of$ 176,159.67 TOTAL AMOUNT OF CLAIMS PRESENTED: $ 209,803.99 and has found said claims to be just and correct; It was moved that the City Council of Mounds View hereby approved the attached list of claims dated 11/24/98 by the vote ayes nayes Mayor Clerk-Administrator Date: 11/19/1998 Time: 15:27:06 City of Mounds View Operator: Marge Norquist Page: 1 FM Entry - Invoice Cash Disbursement Journal Ranges: Journal #: (A) Transaction #: (A) Check Date: (A) Check#: (L) 12122, 12123, 12125 Bank#: (A) Options: # of copies: 1 Void Checks: N Page on Check: N Check # Vendor Name Check Date Type Jrnl# Trans Account # Title Description Amount Invoice Check 12122 Comet Building Systems Corp. 11/09/1998 R 502 1 750-4901-7010 Buildings Building Construction 12,078.93 Invoice Total: 12,078.93 12,078.93 12123 Boyer Ford Trucks 11/12/1998 R 510 1 100-4360-7030 Equipment '99 F26 Ford Truck 21,475.39 Invoice 9680S Total: 21,475.39 21,475.39 12125 Cub Foods 11/16/1998 R 515 1 250-4351-1600 Operating supplies Turkey Shoot Gift Certificates 90.00 Invoice Total: 90.00 90.00 33,644.32* Date: 11/19/1998 Time: 15:27:06 City of Mounds View Operator: Marge Norquist Page: 2 FM Entry - Invoice Cash Disbursement Journal Account # Description Debit Credit Recap Totals: 100-1010 Cash - Pooled 21,475.39 100-4360-7030 Equipment 21,475.39 Totals: 21,475.39* 21,475.39* 250-1010 Cash - Pooled 90.00 250-4351-1600 Operating supplies 90.00 Totals: 90.00* 90.00* 750-1010 Cash - Pooled 12,078.93 750-4901-7010 Buildings 12,078.93 Totals: 12,078.93* 12,078.93* Grand Totals: 33,644.32* 33,644.32* Control Acct: 100-2450 Expenditure Summary 21,475.39 250-2450 Expenditure Summary 90.00 750-2450 Expenditure Summary 12,078.93 Grand Totals: 33,644.32* .00* Date: 11/19/1998 Time: 15:05:53 Operator: Marge Norquist Page: 1 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (A) Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Options: Print: A Sort: V Report Format: 1 Print Ranges/Options: Y # of copies: 1 Process Payroll: N Total By Account: Y Page on Sort: N Check # Vendor Alpha Name Description All Amount 12146 American Planning Assn Publication 4180 55.00 Total for Vndr American Plannin 55.00* 12145 Ancom Communications, Maxtrac 300 Mobile 4465 739.20 Total for Vndr Ancom Communicat 739.20* 12148 Beisswengers 4360 -3.72 12148 Beisswengers Bolts & Nuts 4465 45.13 12148 Beisswengers Bolts, Nuts, Thread Rod 4360 13.83 12148 Beisswengers Deco Clear 4360 8.07 12148 Beisswengers Hardware 4360 4.57 12148 Beisswengers Mouse Pruf Multi 4460 11.91 12148 Beisswengers Plastic Plunger 4360 7.66 12148 Beisswengers Silicone Clear 4360 9.56 12148 Beisswengers Sunburst Yellow Paint 4460 23.41 12148 Beisswengers Threaded Rod 4360 3.72 Total for Vndr Beisswengers 124.14* 12239 Beverly Webster Class Refund 18.00 Total for Vndr Beverly Webster 18.00* 12175 Bill Hanson Steel Toe Boots 4823 195.00 Total for Vndr Bill Hanson 195.00* 12150 Boyer Ford Trucks Oil Cap 4826 5.13 Total for Vndr Boyer Ford Truck 5.13* 12151 Braun Pump & Control, Pump Repair 4823 60.00 Total for Vndr Braun Pump & Con 60.00* 12154 Briggs & Morgan Legal Services 4650 550.00 Total for Vndr Briggs & Morgan 550.00* 12191 Bruce Meehan Boot Reimbursement 4826 101.97 Total for Vndr Bruce Meehan 101.97* Date: 11/19/1998 Time: 15:05:53 Operator: Marge Norquist Page: 2 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12155 Bumper to Bumper Min Lamp 4465 5.11 12155 Bumper to Bumper PAM 00341, VAL ATF-F 4360 50.78 12155 Bumper to Bumper RCT, IRCT 4465 .55 12155 Bumper to Bumper Rock Merc.,Wix 42095,Wix 4462 23.19 Total for Vndr Bumper to Bumper 79.63* 12157 Car-X Muffler & Brake Muffler Repair 4462 53.33 Total for Vndr Car-X Muffler & 53.33* 12156 Carlson Tractor & Equi Check Assembly 4470 46.77 12156 Carlson Tractor & Equi Handle 4360 22.75 Total for Vndr Carlson Tractor 69.52* 12158 Century Fency Co. Double Swing Gate 4460 234.30 Total for Vndr Century Fency Co 234.30* 12149 City of Blaine 2850 82nd Lane-Water, Se 4901 430.51 12149 City of Blaine 8290 Coral Sea-Water,Sew 4901 20.76 Total for Vndr City of Blaine 451.27* 12159 Corporate Express Tax on Performance Bond 4650 25.65 Total for Vndr Corporate Expres 25.65* 12160 Cottens, Inc. Antifreeze 4360 15.92 12160 Cottens, Inc. Body Fil. 4360 5.59 12160 Cottens, Inc. Oil Filters 4360 38.79 12160 Cottens, Inc. Spark Plugs,Wire Set,Dis 4465 43.33 Total for Vndr Cottens, Inc. 103.63* 12161 Country Club Turf Pencross Bent Sod 4900 1,657.50 Total for Vndr Country Club Tur 1,657.50* 12162 Custom Charts Charts 4823 32.60 Total for Vndr Custom Charts 32.60* 12163 D. C. A. Inc. Flex.Spending Acct.-Octo 4160 158.10 Total for Vndr D. C. A. Inc. 158.10* 12153 David Brick P.O.S.T. Reimbursement 4200 45.00 Total for Vndr David Brick 45.00* 12177 David Hix Record.City Council Meet 4100 178.13 Total for Vndr David Hix 178.13* 12144 Del Cerney Mileage Reimbursement 4350 18.90 Total for Vndr Del Cerney 18.90* 12235 Dhanendra Shah Meter Refund 40.00 Total for Vndr Dhanendra Shah 40.00* Date: 11/19/1998 Time: 15:05:53 Operator: Marge Norquist Page: 3 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12237 Diane Kunzman Meter Refund 40.00 • Total for Vndr Diane Kunzman 40.00* 12164 Evergreen Land Service Relocation Specialist 292.50 Total for Vndr Evergreen Land S 292.50* 12165 Fedors Market 55 Alive Refreshments 4352 8.01 12165 Fedors Market Cookies, Juice 4352 11.92 12165 Fedors Market Cookies, Juice, Cups 4352 10.21 12165 Fedors Market Lemonade, Cups 4352 8.27 12165 Fedors Market Party Supplies 4351 14.26 12165 Fedors Market Vanilla,Salt,Sugar,l/2 & 4352 5.23 Total for Vndr Fedors Market 57.90* 12166 Five D Limited Gasoline 4200 521.25 Total for Vndr Five D Limited 521.25* 12167 Freeway Towing Truck Towing 4900 149.10 Total for Vndr Freeway Towing 149.10* 12168 Fricke & Sons Sod 4823 28.12 Total for Vndr Fricke & Sons 28.12* 12169 Fridley, City of Home & Garden Fair parti 4650 2,000.00 Total for Vndr Fridley, City of 2,000.00* 12170 Generator Specialty Co Starter Repair Kit 4823 88.75 Total for Vndr Generator Specia 88.75* • 12171 Gopher State One-Call, 89 Calls 4825 155.75 Total for Vndr Gopher State One 155.75* 12173 Green Tree Vendor Sery Lease Payment 4465 153.28 Total for Vndr Green Tree Vendo 153.28* 12108 Health Partners Dental Ins. for November 1,139.27 Total for Vndr Health Partners 1,139.27* 12178 Hoffman Filter Service Oil Filter 4460 50.00 Total for Vndr Hoffman Filter S 50.00* 12179 Hydraulic Specialty Co Couplers, Nipples 4465 46.71 Total for Vndr Hydraulic Specia 46.71* 12109 ICMA Retirement Trust ICMA for 11/05/98 3,890.32 12126 ICMA Retirement Trust ICMA for 11/19/98 3,773.08 Total for Vndr ICMA Retirement 7,663.40* 12180 Innovative Images Community Ctr. Marketing 4350 2,000.00 Total for Vndr Innovative Image 2,000.00* Date: 11/19/1998 Time: 15:05:53 Operator: Marge Norquist Page: 4 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12176 Jim Hatch Sales Compan Markers, Scoop Shovels 4465 153.20 • Total for Vndr Jim Hatch Sales 153.20* 12181 Kath Fuel Oil Service Centra Lube 4465 76.04 12181 Kath Fuel Oil Service Gasoline 4900 202.68 Total for Vndr Kath Fuel Oil Se 278.72* 12182 Kennedy & Graven 4160 -42.00 12182 Kennedy & Graven 2091 Hillview Rd. 4180 1,144.50 12182 Kennedy & Graven Administration matters 4160 1,775.00 12182 Kennedy & Graven Airport Litigation 4100 5,529.61 12182 Kennedy & Graven Bel Rae Purchase 4650 23.00 12182 Kennedy & Graven City Hall Renovation 4160 842.00 12182 Kennedy & Graven Condemnation-Bridge Ease 4180 17.32 12182 Kennedy & Graven General Matters 4650 1,531.72 12182 Kennedy & Graven General Zoning Matters 4160 433.90 12182 Kennedy & Graven Housing Replacement Prog 4650 138.00 12182 Kennedy & Graven Mermaid Hotel Project 4650 35.60 12182 Kennedy & Graven O'Neil Property 4180 .77 12182 Kennedy & Graven Old Hwy.8 Reconstruction 4470 201.89 12182 Kennedy & Graven Salvation Army Developme 4180 598.00 12182 Kennedy & Graven Silver View Estates 4180 126.50 12182 Kennedy & Graven Sysco Foods 4180 11.50 Total for Vndr Kennedy & Graven 12,367.31* 12183 Lakeland Engineering E Asco Valve MSA 4823 256.79 Total for Vndr Lakeland Enginee 256.79* 12110 Law Enforcement Labor Union Dues for November 462.00 Total for Vndr Law Enforcement 462.00* 12184 Lifetouch NSS Sport League -Pkg. A 4351 1,342.00 Total for Vndr Lifetouch NSS 1,342.00* 12185 Lucent Technologies Lease Payment 4160 60.70 Total for Vndr Lucent Technolog 60.70* 12186 M.A.U.M.A. Membership Dues 4130 30.00 Total for Vndr M.A.U.M.A. 30.00* 12187 M.T.I. Distributing Co Scraper Rod 4900 8.33 Total for Vndr M.T.I. Distribut 8.33* 12188 MacQueen Equipment, In 12 Volt Coil 4417 65.58 12188 MacQueen Equipment, In Gutter Broom, Hex Shaft, 4417 19.64 12188 MacQueen Equipment, In Hex Shaft, Flange Sprock 4417 149.14 12188 MacQueen Equipment, In Sprocket 4417 108.62 Total for Vndr MacQueen Equipme 342.98* 12190 Mailing Solutions Utility Bills Mailing 4820 319.62 Date: 11/19/1998 Time: 15:05:53 Operator: Marge Norquist Page: 5 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount Total for Vndr Mailing Solution 319.62* 12189 Main Motors Chev,Cad,R Car Part 4462 21.57 Total for Vndr Main Motors Chev 21.57* 12238 Marvin L. Johnson, Jr. Mileage Reimbursement 4350 18.90 Total for Vndr Marvin L. Johnso 18.90* 12208 Mary Saarion Mileage Reimbursement 4350 18.90 Total for Vndr Mary Saarion 18.90* 12205 Matt Parrott & Sons Co Printing-Disconnect Noti 4820 65.90 Total for Vndr Matt Parrott & S 65.90* 12192 Metro Council Environm Sewer service 4823 64,365.66 Total for Vndr Metro Council En 64,365.66* 12193 Midwest Asphalt Corpor Asphalt 4823 15.20 Total for Vndr Midwest Asphalt 15.20* 12195 Midwest Specialty Sale Spring Guides,Pivot Pins 4360 493.05 Total for Vndr Midwest Specialt 493.05* 12196 Miller Tree & Landscap Tree Service 4380 1,406.11 Total for Vndr Miller Tree & La 1,406.11* 12127 Minnesota Benefit Asso MN Benefits for November 191.20 Total for Vndr Minnesota Benefi 191.20* 12111 Minnesota Child Suppor Child Support for 11/05/ 690.90 12128 Minnesota Child Suppor Child Support for 11/19/ 690.90 Total for Vndr Minnesota Child 1,381.80* 12112 Minnesota Mutual MN Mutual for 11/05/98 307.69 12129 Minnesota Mutual MN Mutual for 11/19/98 307.69 Total for Vndr Minnesota Mutual 615.38* 12194 Minnesota NAHRO Comm.Development Confere 4650 95.00 12194 Minnesota NAHRO Comm.Development Confere 4650 95.00 Total for Vndr Minnesota NAHRO 190.00* 12130 MINNESOTA STATE RETIRE MN Retirement for 11/19/ 100.00 12113 MINNESOTA STATE RETIRE State Retirement for 11/ 100.00 Total for Vndr MINNESOTA STATE 200.00* 12197 Mita Financial Service Copier Payment 4200 102.99 Total for Vndr Mita Financial S 102.99* 12198 Mounds View, City of Meter Refund 30.00 12131 Mounds View, City of Replenish Petty Cash 4901 85.73 Date: 11/19/1998 Time: 15:05:53 Operator: Marge Norquist Page: 6 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount Total for Vndr Mounds View, Cit 115.73* 12199 N.E.P. Corporation Ductile, Stone 4826 264.51 Total for Vndr N.E.P. Corporati 264.51* 12200 National Golf Foundati Facility Membership 4901 85.00 Total for Vndr National Golf Fo 85.00* 12201 National Independent B Hardware Maintenance 4820 108.00 Total for Vndr National Indepen 108.00* 12114 NCPERS Life Insurance PERA Life for November 45.00 Total for Vndr NCPERS Life Insu 45.00* 12202 New Brighton, City of 4th Quarter Forester's S 4380 4,747.00 Total for Vndr New Brighton, Ci 4,747.00* 12203 Nike, Inc. Golf Merchandise 4901 34.68 Total for Vndr Nike, Inc. 34.68* 12204 Northern States Power 1699 E 79th St.-Beach Ho 4360 23.19 12204 Northern States Power 5214 Long Lake Rd. 4360 29.29 12204 Northern States Power 8290 Coral Sea St. 4901 189.61 12204 Northern States Power 8290 Coral Sea-Clubhouse 4901 303.07 12204 Northern States Power 8290 Coral Sea-Irrigatio 4901 1,135.65 12204 Northern States Power 8290 Coral Sea-Maint.& C 4901 80.87 12204 Northern States Power 8290 Coral Sea-Sign 4901 16.58 12121 Northern States Power Street Light installatio 4416 2,328.00 12204 Northern States Power Street Lighting 4416 4,087.42 Total for Vndr Northern States 8,193.68* 12137 Patrick Toth Cable Comm.Mtg. Food 4350 34.17 Total for Vndr Patrick Toth 34.17* 12206 Printmaster Printing Printing - Building Perm 4180 138.02 Total for Vndr Printmaster Prin 138.02* 12132 Public Employees Insur Health Ins. for December 4200 16,767.95 Total for Vndr Public Employees 16,767.95* 12134 Public Employees Retir Defined Contribution for 112.50 12115 Public Employees Retir PERA for 11/05/98 11,083.33 12133 Public Employees Retir PERA for 11/19/98 11,240.14 Total for Vndr Public Employees 22,435.97* 12234 Rebecca Ashton Transcribing Case #98-44 4200 50.00 Total for Vndr Rebecca Ashton 50.00* 12207 Royal Tire - Kampa Tir Tires 4462 243.33 12207 Royal Tire - Kampa Tir Tires, Parts 4465 315.83 Date: 11/19/1998 Time: 15:05:53 Operator: Marge Norquist Page: 7 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount Total for Vndr Royal Tire - Kam 559.16* 12209 Savin Corporation Maintenance-8/10-9/09 4160 858.15 Total for Vndr Savin Corporatio 858.15* 12210 Serco Labs Bacteria Testing 4825 77.00 Total for Vndr Serco Labs 77.00* 12211 Short-Elliott & Hendri Old Hwy. 8 Assessment 4470 279.06 12211 Short-Elliott & Hendri Utility Conversions to A 4415 989.50 12211 Short-Elliott & Hendri Water Resources Services 4650 8,085.13 Total for Vndr Short-Elliott & 9,353.69* 12212 Shred-It Shredding 4200 63.27 Total for Vndr Shred-It 63.27* 12213 Snyders Film Processing 4180 20.55 Total for Vndr Snyders 20.55* 12214 Spring Lake Park Lumbe Concrete Mix 4823 18.53 12214 Spring Lake Park Lumbe Lumber, Reinf. Rods 4823 88.05 Total for Vndr Spring Lake Park 106.58* 12135 Sunrise United Methodi Sunrise for November 14.00 Total for Vndr Sunrise United M 14.00* 12215 Superior Special Servi Lamp Recycling 4460 25.00 Total for Vndr Superior Special 25.00* 12216 Surplus Services Chev Caprice, S10 Pickup 2,555.17 Total for Vndr Surplus Services 2,555.17* 12217 T R Computer Sales, In Computer Service-Permitw 4180 522.50 Total for Vndr T R Computer Sal 522.50* 12218 Team Sport Specialties Dazzle Tees 4351 195.00 Total for Vndr Team Sport Speci 195.00* 12147 The American Stores Air Valve 4465 23.74 12147 The American Stores Back Up Alarm, Rubber La 4465 40.41 Total for Vndr The American Sto 64.15* 12152 Timothy Brennan Expense Reimbursement 4200 18.00 Total for Vndr Timothy Brennan 18.00* 12219 Toll Gas & Welding Sup Acetylene Cylinder 4823 5.89 Total for Vndr Toll Gas & Weldi 5.89* 12220 Transportation Compone Truck Repair 4901 27.93 Total for Vndr Transportation C 27.93* Date: 11/19/1998 Time: 15:05:53 Operator: Marge Norquist Page: 8 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 12221 Treadway Graphics Tee Shirts, Sweatshirts 4200 122.43 Total for Vndr Treadway Graphic 122.43* 12116 Twin City Federal Mort TCF for November 488.00 Total for Vndr Twin City Federa 488.00* 12222 U. S. West 484-9155 4160 71.52 12222 U. S. West 717-7343 4360 42.42 12222 U. S. West 780-7950 4901 76.42 12222 U. S. West 784-3055 4160 1,167.50 12222 U. S. West E07-1580 4823 164.86 12222 U. S. West E07-5356 4160 117.13 12222 U. S. West E07-7384 4200 82.31 12222 U. S. West E23-4126 4823 31.55 12225 U. S. West Subscriber Information 4200 1.80 Total for Vndr U. S. West 1,755.51* 12223 U. S. West Communicate 780-1908 4360 20.87 12223 U. S. West Communicate 784-1076 4360 20.87 12223 U. S. West Communicate 784-1305 4360 20.87 Total for Vndr U. S. West Commu 62.61* 12227 Unitog Uniform 4900 43.76 Total for Vndr Unitog 43.76* 12226 Unitog Rental Services Uniform Rental 4826 451.20 Total for Vndr Unitog Rental Se 451.20* 12119 Unum Life Insurance Unum Life for November 4823 996.89 Total for Vndr Unum Life Insura 996.89* 12224 USA Waste Services of Rubbish Pickup 4350 71.00 Total for Vndr USA Waste Servic 71.00* 12236 Vicki Schlieper Meter Refund 40.00 Total for Vndr Vicki Schlieper 40.00* 12172 W. W. Grainger Pressure Gauge 4360 3.72 Total for Vndr W. W. Grainger 3.72* 12228 Warning Lites of Minne Flags W/Bolts 4470 93.46 Total for Vndr Warning Lites of 93.46* 12229 Westburne Supply, Inc. Faucets 4465 53.35 Total for Vndr Westburne Supply 53.35* 12230 Western Bank Savings Bond - Kollbaum 4420 50.00 12230 Western Bank Savings Bond - Peloquin 4420 50.00 12120 Western Bank Savings for 11/05/98 120.00 12136 Western Bank Savings for 11/19/98 120.00 Date: 11/19/1998 Time: 15:05:54 Operator: Marge Norquist Page: 9 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount Total for Vndr Western Bank 340.00* 12174 William Hanggi Boot reimbursement 4823 31.88 Total for Vndr William Hanggi 31.88* 12231 Zacks Tow Strap 4900 29.77 Total for Vndr Zacks 29.77* Grand Total 176,159.67* Item No. 5B Meeting Date: 11-23-98 Type of Business: CA WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council Item Title/ Subject: Licenses for Approval Date of Report: November 20, 1998 LICENSES FOR APPROVAL General(Commercial) - expires June 30, 1999 Ebert Construction-New HVAC - expires June 30, 1999 Mobile Maintenance Inc. -New More's Burner Service-Renewal North Gate Homes -New Fence - expires June 30, 1999 Ralph Olson-New Siding - expires June 30, 1999 J & M Exteriors -New Signs - expires June 30, 1999 Leroy Signs -Renewal Cement- expires June 30, 1999 Adolphson& Peterson Inc. -New Item No. Type of Business: CA WK: Work Session;PH: Public Hearing; CA:Consent Agenda; CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Resolution 5280 -- Election Results from the Nov. 16, 1998 Recount Date of Report: November 17, 1998 On November 5, 1998, Council member Sherry Gunn formally requested a re-count of the ballots from the November 3rd general election for the Council member race. On November 16, 1998, the head election judges Dorothy Wilhaus and Kathleen MacRunnels conducted the recount of the ballots cast on November 3rd. The results were as follows Council Member Nov. 3rd Re-count Nov. 16 Sherry Gunn 2200 2202 Lynne Thomason 2236 2235 Staff Recommendation: Approve Resolution 5280 recognizing the results from the November 16, 1998 recount of the general election ballots. RESOLUTION 5280 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ELECTION RESULTS FROM THE NOVEMBER 3, 1998 GENERAL ELECTION AND THE NOVEMBER 16, 1998 RE-COUNT WHEREAS, a general election was held on November 3, 1998; and WHEREAS, Sherry Gunn requested a recount of the ballots; and WHEREAS,the results of this election were as follows: COUNCIL MEMBER Sherry Gunn 2200 Lynne Thomason 2236 WHEREAS an official re-count of the ballots was conducted on November 16, 1998; and WHEREAS,the results were as follows: COUNCIL MEMBER Sherry Gunn 2202 Lynne Thomason 2235 NOW, THEREFORE, BE IT RESOLVED, that Lynne Thomason is certified as being elected Council member of the City of Mounds View. Clerk Administrator, Chuck Whiting Mayor Duane McCarty this day of November, 1998. Item No. 7,.:1. Staff Report No. Meeting Date: November 23, 1998 Type of Business: CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Planning Associate Item Title/Subject: Appeal of a Variance Denied by the Planning Commission on September 16, 1998, Requested by Michael Tobias of 8111 Eastwood Road; Planning Case No. 535-98 Date of Report: November 20, 1998 Background: On September 16, 1998, the Mounds View Planning Commission, acting as the Board of Adjustment and Appeals, denied a variance request by Michael Tobias residing at 8111 Eastwood Road to allow for two curb cuts on his lot, one accessing Eastwood Road, the other to access Sherwood Road. The original Planning Commission staff report, including the adopted Resolution 558-98 and minutes from the meeting, are attached for the Council's review. Discussion: Mr. Tobias, acting in accordance with City Code provisions, is exercising his right to have the Planning Commission's ruling of denial appealed to the Mounds View City Council. The City Code, in Section 1125.02, requires that certain criteria be met for a variance to be approved. The essence of these criteria, which are spelled out in the report and resolution, is that there must be a hardship or practical difficulties not caused by the property owner but attributable to the property itself. The Planning Commission acted to deny the variance request on the basis that there was no discernable hardship associated with the property which would warrant the granting of such a variance. Recommendation: Direct staff to draft a resolution in response to Mr. Tobias' request to have the Planning Commission's action of denial overturned. Tobias Variance Appeal November 20, 1998 Planning Case 535-98 Page 2 James Ericson Planning Associate Attachments: 1. Planning Commission Report, September 16, 1998 2. Planning Commission Resolution 558-98 (both options) 3. Fax from Applicant,dated September 15, 1998 4. Planning Commission Minutes, September 16, 1998 REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: September 16, 1998 Staff Report by: James Ericson, Planning Associate Planning Case No.: 535-98 Applicant: Michael Tobias Request: The applicant is requesting a variance to allow for two curb-cuts at his residence at the northeast corner of Eastwood Road and Sherwood Road. Location: 8111 Eastwood Road PIN Nos. 06-30-23-14-0009 Zoning/Land Use: R-1, Single-Family Residential / Single-family residence Applicable Regulations: Section 1121.09, Subd 5e, which states that "Single-family uses shall be limited to one curb cut access per property unless, upon application for a variance of this restriction, the Board of Adjustments and Appeals finds that it is in the interest of public safety to waive such." Section 1125.02, Subd. 2 outlines the criteria to be used by the Planning Commission in its review of variances. Attachments: Planning Application Zoning Map Location Map Letter to Applicant, dated 7/28/98 Area Curb-cut Survey Resolution 558-98 Background: The applicant is requesting a variance from the Code requirement that states a single-family property shall be limited to only one curb cut. Earlier this year, the applicant took out a building permit to resurface his driveway, which had access onto both Sherwood Road and Eastwood Road. At the time, staff indicated that a building permit could not be approved due to the non-conforming nature of the driveway, unless the access to Sherwood Road was removed. The applicant agreed and the permit was issued. Subsequent reinspection of the property showed that both access points remained, both having been improved contrary to the permit. The Building Inspector sent the Tobias Driveway Variance Planning Case No. 535-98 September 16, 1998 Page 2 applicant a letter in which two choices were indicated--either remove the driveway access to Sherwood Road or apply for and receive a variance. The applicant has chosen to apply for a variance in order to maintain the driveway in its present condition. Analysis: To understand the prevalence of the type of driveway configuration present at 8111 Eastwood Road, Staff surveyed corner properties north of Hillview between Groveland and Long Lake Road. There are 54 corner lots in this area, of which ten (18.5 percent) have multiple curb-cuts. (Refer to the attached corner parcel inventory.) In comparison, the percentage of all residential properties with more than one curb cut is less than one percent. The case can be made that corner properties present unique safety issues, with as many as four distinct paths of traffic to monitor while backing out of the driveway. Some corner lots, because of tree-cover, shrubs and other plantings, have limited visibility thereby increasing the safety risk. The City Code indicates in Section 1121.09 Subdivision 5e that for the Planning Commission to waive the requirement limiting a property to one curb cut, it can do so in the interest of public safety. Staff is unsure if that requirement supersedes the criteria for granting a variance, as found in Section 1125.02, Subdivision 2 of the Code. Because of this, all of the criteria will be examined, which are as follows: 1 Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The fact that this property is a corner lot, while not exceptional or unusual, does present some safety considerations over which the property has little control. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district. As indicated above, twenty percent of the corner lots within the general area of the subject property have multiple curb cuts. Requiring the applicant to remove one curb cut would deprive him of a use that many other corner lots enjoy. When compared against all residential properties, no deprivation would exist, as the number of all residential properties with multiple curb cuts is less than one percent. 3. Special conditions or circumstances do not result from the actions of the applicant. The applicant did not cause the non-conforming use, but has perpetuated its use and has improved upon the driveway in violation of the City Code. Planning Commission Resolution 560-98 September 2, 1998 Page 3 4. Granting the variance requested would not confer on the applicant a special privilege that is denied by this Title to owners or other lands, structures or buildings in the same district. Depending upon how you categorize the property, it can be thought that a special privilege would be conferred on the applicant that is typically denied to other residential properties. Among corner lots, the variance would not be conferring a special privilege to the applicant. 5. The variance requested is the minimum variance which would alleviate the hardship. Adding the second curb cut is the minimum variance possible to alleviate the hardship of living on a corner lot. 6. The variance would not be materially detrimental to the purpose of this Title or to other properties in the same zone. Assuming that corner lots are different from typical residential lots due to the increased risk to public safety--that of the residents of the property and other motorists passing by the property--granting the variance would not be materially detrimental to the purpose of the Code as public safety would take precedence. 7. The variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Allowing for a variance to maintain the two curb cuts can only benefit the public safety. In addition, approval would not increase any congestion or impair an adequate supply of light or air to adjacent properties. Clearly, it can be shown that there is a legitimate public safety basis upon which to approve a variance to allow two curb cuts at 8111 Eastwood Road. Whether or not the criteria support approval of a variance in this situation is a matter of interpretation. Recommendation: Given the ambiguous nature of Section 1121.09, Subd, 5e, Staff is presenting the Planning Commissions with two versions of Planning Commission Resolution 558-98, one approving the variance request and the other denying the request. James Ericson, Planning Associate N:\DATA\GROUPS\COMDE V\DEVCASES\535-98\TOBIAS.RPT 'll''"rr COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT APPLICATION • jig Kf 2401 Highway 10, Mounds View MN 55112 yin's'-parmer01.. 612-717-4020 ........_ . 612-784-3462 -FAX Please Type or Print Information-Complete Both Sides of This Form .. Applicant Information . Name of Applicant M l4 ' Telephone 33a- Address ' 'a 11 • 1 .i -. e.:„.._, ___ ____ 3 _A3i ') �' Fez -----Y— -= eA4 /VA _461 ice. . �._. _ - .._ Interest in Property(check appropriate box) •- Owner of Properly -1` - 1< `r-_ ❑ „,;Contract for Deed Ownar'w." _ =i . ❑ ` Lessee,Operator,Manage' - `r ❑ Purchase` Agreement to ..7 ❑ Other(explain) -• . - . Applicants must provide evidence of interest in property at the time of application,and if you are not the owner of the property,you must provide a letter of permission from the owner giving consent to the filing of this application. The property owner must sign this application forit to be accepted." Property Description/Proposal - x - ' - r Address or General Location .7.'4-S!I l.. .0►sk Ne N p is 'r 4,etulth4F4. Legal Description > _. _ --- ? ._ ._ ._ .. Property Identification#(PIN ": , `- ;""`rte '', '• '„,,p.4..--;_s- �' " Current Zoning : � 'S/� ' CQe ti "" k -..,„,...,...s.--7, Type of Application ❑ Comprehensive Plan Amendment $250 ❑ Rezoning $250/acre; rain$7.50 max SI 500 ❑ Major Subdivision - $250+$250 deposit* ❑ Minor Subdivision S00 ❑ Planned Unit Development(PUD) Refer to rezoning fees O PUD Amendment $350 • - _. . ❑ Conditional Use Permit - R-I, R-2$75;all others$250 `§t( Variance __ R-1, R-2 5100 all others$250 0 Code Appeal $100 • ❑ Develop Review/Site Plan $125/acne;min$125 max$750 O Wetland Alteration Permit R-1.R-2$150;all others$200 O Wetland Buffer PermitR-1,R-2$25;all others$100 O Floodplain Permit —._- S200 O Other *Deposits shall be paid to cover all costs of public notices,materials and staff or consultant time spent in the review, research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within thirty(30)days after consideration of the application is completed. Please complete the reverse side of this application. City of Mounds View, MN Development Application Page 2 Present Use of Property O Undeveloped/Vacant Single Family Dwelling ❑ Duplex/Two Family Dwelling /❑ Multi-family Dwelling ❑ Business/Commercial Establishment 0 Industrial Establishment ❑ Other(explain) Property Classification `X Abstract 0 Torrens /� �1 Description of• pposal / j G I I .►': % / / ' I t}1'1ti 1 i t ,1L . .., " l Ccid ra . BY MY(OUR)SIGNATURE ON THIS APPLICATION,I HEREBY DECLARE THAT,TO THE BEST OF MY KNOWLEDGE,THE INFORMATION PROVIDED IS TRUE A CURATE. Signature of Applicant Name of Applicant(typed/printed) 7-1*17.i S Signature of Property Owner la;Z4,1 Name of Property Owner(typed/ptinted) M/C'//4L 3. '7a$//3S Address of Owner - e/// AsTWp •- /t/4 / AiC/a "►//E W szs Phone Number of Owner '32 3070e9 • 70 g FOR OFFICE USE ONLY Date of Submittal g-otiO -ci g Date of Acceptance Assigned to: Planning Case No. 53 5 - 60-day Limit 120-day limit Fees Paid: Account# Check# Receipt# Application: /f/o O /Oo-,3 Lfv a Sap/p SQ(o'7 41' Park Dedication: Deposits: Other: Total: N:1DATA\GROUPS\CON1DEV\FORMS\DEV.aPP.FOR 1/98 " 8315 8300 8303 i0 wo 8305 8310 O 8321 �o rs3U ( 5330 �- 22 8305 4 8290 8295 8290 } 8291 8290 O 8285 I 8290 , 8295 8310 30 0 8285 8280 8287 I 8280 Z 8281 8280 tat i 8273 8260 0 8273 AR DAN 8275 8270 0 8281 L 8270 8271 8270t� 8260 O 8267 8300 PAR K Q 8265 8260 8273 8260 8261 8260 _8265 Z �;��� 8250 w 8255 8280 12 8255 8250 _8267 8250 9251 8250 8255CC 8283 to n 8240 8261 8240• In in N. rn _ 8241 8242 O ^ 6260 �o 'n v v N tO 'n r w ,� u� 8271 N N N ^ N N N N N 8231 To— 8232 N N N 8250 N N N N 8230 8255 N , AVE 8247 8 N N a 8220 I I m m 0 8 2 N 2 N B230 9239 N N N N N 82118205 `, N N N N N NN •— 8210 - 8225 co N- .4 320C2 8184 8193 8224 N N 1", N 8212 8217 N N N N 8180 8185 DR8206 0-00 8 0 n n R m N o 8175 1D .�� m 11 : 8160 8171 8200 8205 N N N 8165 � 0 50 8165 8150 � ............... :8145 .................. 8155 � G 814 8145 8�y ski �7 8145 8140 i • co 8135 • d'i t,oi ' / 8140 8141 8132 8135 8125 8130 - 813 _. 8121 �n rn U, W0 O IG i[N) - N) N N (D <C -92 <O - t0 0 �. 11) N NN N N N N N N N N 812C 812 N N N N N N N N -:. N N N 810U 8101 =N _WOOD "� c n N N 8080 8081 Ce N N 8088 8075 ,� N 8099 c.c.?: coo 8085 `N N 8086 8085 I� N 8085 .8 8071 pr.072 8072 O 8066 8071Q 084 —I 8070 80718071 — O 8071 8075 8060 6029 8050 ' 8057 8064 -- 8650 8060 O` ` 046 4 8045 8040 8042 8045 8052 8051 8044 8045 8046 8041 0036 8039 8032 8033 8040 8035 8032 8031 8038 8035 3026 8025 8028 Y 8030 8022 8019 8015 p 8025 8018 8011 8000 8021 3016 8011 3000 8005 8016 8009 8006 8000 8001 8010 990_7985 8004 7961 7990 0 7981 7990 0 7989 7996 Q 7993 7990 7977 980 i 7975 7970 7979 7980 7969 7980 7979 7980 7985 7970 7960 7961 7964 7975 9601 7965 7960 0 7959 7970 7965 7966 7969 7954 9247955 I 7956 7949 7954 7959 7950 7951 7955 7940 7945 7946 7927 e H I LLVI EW ? 334 7933 7950 7930 7935 7930 7917 7940 i 7945 932 ,� �, In r : 7901 PARK l 7900 cD tO 'a 7900 7901 N N N - 7900. PF 901 N I N I. N N N 7900 7901 N N N H I LLVI EW ROAD v c0 (0 pi co CD 111 N 7886 p 7891 N N 7880 78951 N N 17890 78851 N N 7864 786 N D N .: 7885 7866 7857 7870 7869 7858 • 7876 z 7853 NV B-2 7877 7854 7851 7860 7865 7852 w co N ^ 7870 0= Y 7841 �� 7842 7850 7855 7846 � � ry, ) 7863 7841 g 7829 �0 7830 0 7840 7835 7840 �� _ 3 �9 7851 0 7820 O 7815 7790 7815 7800 77880179 o ^�ti �y ) 7810 NQ 7805 7780 7801 750 `� ^^�� ^,� �idj ,^^� W 7809 I 7770 ; 7801 1. 7760 7797 Zoning Map Planning Case 535-98 Applicant: Michael Tobias Location: 8111 Eastwood Road ,,,,,:_ -. CITY Of MOUNDS VIEW �_i_'=-gr=it .,. LOCATION MAP _ r.�.� sr -!Zinzillaiiiik Iii °1' :r•. moi____°1_ -_=_I— k _ i = ii = --- Applicant Michael=1� -,� =��:� Tobias �•••'' 8111 Eastwood Road ' '��"��� 1 _�'� � - ••,,,,_...�•,.■,;;�µ;, Property: ��I�il, IIi,=••�;____ u !; Request: Variance il- --q-I' -•�„ . iF! r--"""► PLANNING CASE NO. 535-98 srms... 1[[ll[IIIU(Illi-7 _ NlIr,� pm- FYI- i. °S � _ - ; i_SI." IllElii ' ���: 'iii i 1 'l �' Sinn __1�:::-1„11r i �� . ,,, _� 1. 'o ?'/ ..11i.. r 8111 Eastwood Road C:411-1;1) a Properties Within 350 Feet 8111 Eastwood Road I . 1 i: iggigg .... , ...........I MIM 111 t ..... : \\* ilii iiiii;ii..... - iiii iii liF illitt, O ® illi ®®®g OMNI . Mil f- ! .:,:•t1Mgifflin ! ::— , ::a # : 1 M ®� ® :::: �;iiii::::;:: § rte: .:... ..... .19 .E..:,::: .... gill-...7,24LILL. . ... :: . . mom mUM aga MN M Mrarg' ,_ a nE .... y9 ad .. ::. a 44 t,,..,t!,,. BIM .. BIM .iLLLJ_IEL— ®1 11 g i MIST ®6E ®®i ® mil® �® ■ts W z 3 0 --) ,r- 3 rJ U.1 M � 7") -Z. o 0° � � Z N ob., J zm ►v 0- b_ w i. 03 7 O d ._ Z Al 0 „,„0 ,, c70,,/`1_ t' COTY OF 0 LUfM.4 -o Phone: (612) 717-4000 . A 0���q Fax: (612)784-3462 �A 0 6°,,, PartnetSOs July 28, 1998 Mike Tobias 8111 Eastwood Road Mounds View,MN 55112 RE: Permit#98095 Asphalt Driveway Replacement . Dear Mr. Tobias: You recently obtained a permit for replacing the driveway on your property. During the permit , review process you were informed that the City code restricts the number of curb cuts allowing street access to residential properties to only one access. You questioned and objected to this requirement based upon the fact that the driveway had existed for some time with access to both Eastwood Road and Sherwood Road. You were told that the driveway constituted a nonconforming condition and the status of the nonconforming condition could remain as long as the driveway be maintained in its existing state. However, because the existing asphalt was removed and the nonconforming condition was abated the ability to maintain the nonconforming status was no longer possible. The permit was issued under the condition.that the access to Sherwood Road would not be reinstalled. A subsequent inspection of the property has revealed that both previously existing accesses have been reinstalled. This situation creates a nonconforming condition that, because of the removal of the previous nonconforming condition, is a violation of Municipal Code. Your choices at this time, are 1) remove the portion of asphalt that connects the street to the property line that creates one of the accesses or 2)apply for and receive a variance that will allow you to continue the nonconforming condition. I am enclosing an application for you to use to request a variance if you should choose to. The variance process is handled by Planning Associate Jim Ericson. He can be reached at 717-4022. ,,:..,`,f.W,, 2401 Highway 10 • Mouncs View. MN 55112-- ....e....„.. Mike Tobias July 28, 1998 Page 2 of 2 To bring closure to this matter please either remove the above mentioned asphalt or submit the application for the variance request within ten days from the date of this letter. If you should have questions regarding this matter, please call me at 717-4024. Sincerely, CITY OF MOUNDS VIEW •Rick Jarson Building Official cc Rick Jopke, Community Development Director L to' O _MEW ,3 O .cf) W rn p 0 rn CD J _ I >, a) U a� \ t -0u, LO L z v, moc� p ��� C.) w a v) . C.)— c! CO M ' 44 peof aiel buoji 1 . \\ . I1 \ } , 1 *41114 1 I MEE ... 1 ._- Plafte , ENE V1 1_ i eilt • 6 .. •:. .•• ,,omi...( . . ,oIL... .. ,...... 1 ` M. 1 °' peoi apis uunS .� .-4 . . :... . 4 i ° *.. .. ..... .I0 -r lisild 1 H. 111111106 [N, y , , .a. I IN:.1CM MI / ii1ilIHLr.L_____pee8Lie , , wir , . .______ ,' % ) / // El ,ate► / Ii I ' MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 558-98 ( o PT I o N " A " ) CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR TWO CURB-CUTS AT A SINGLE-FAMILY RESIDENTIAL PROPERTY LOCATED AT 8111 EASTWOOD ROAD; PLANNING CASE NO. 535-98 WHEREAS, the Mounds View Planning Commission has reviewed the request of Michael Tobias, to allow for two curb cuts at his property, located at 8111 Eastwood Road; and, WHEREAS, this property is zoned R-1, Single-Family Residential, and is legally described as follows: Subject to Sherwood and Eastwood Roads, The East 215 Feet of the West 1799 Feet of the South 200 Feet of the Northeast 1/4 of Section 6, Township 30, Range 23 WHEREAS, the Planning Commission has reviewed the following documents associated with this request: 1. Planning Application 2. Location Map 3. Zoning Map 4. Site Plan 5. Letter from Building Inspector,dated 7/28/98 6. Corner Parcel Inventory WHEREAS, the existence of the driveway, for which this variance is requested, predates the enactment of Ordinance No. 288, which among other things, limits a single-family residential property to only one curb cut; and, WHEREAS, the Planning Commission, acting as the Board of Adjustment and Appeals, may waive the requirement to limit a single-family residential property in the interest of public safety; and, WHEREAS, exceptional or extraordinary circumstances do apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control, in that the property is a corner lot and is thus subject to additional public safety concerns; and, Planning Commission Resolution 558-98 September 2, 1998 Page 2 WHEREAS, the literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district in that nearly twenty percent of the corner lots surrounding the subject property have two curb cuts; and, WHEREAS, special conditions or circumstances do not result from the actions of the applicant in that the driveway's existence predates the enactment of the Ordinance which p[rohibits two curb cuts; and, WHEREAS, granting the variance requested would not confer on the applicant a special privilege that is denied by this Title to owners or other lands, structures or buildings in the same district in that other corner lots within the City have two curb cuts; and, WHEREAS, the variance requested is the minimum variance which would alleviate the hardship, in that adding the second curb cut is the minimum variance possible to alleviate the hardship of living on a corner lot; and, WHEREAS, the variance would not be materially detrimental to the purpose of this Title or to other properties in the same zone in that maintaining the public safety does not conflict with the City Code; and, WHEREAS, the variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood in that approving the variance for a second curb cut at this location would lessen the endangerment to public safety. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission acting as the Board of Adjustment and Appeals approves the variance to allow two curb cuts at 8111 Eastwood Road as requested by Michael Tobias. Adopted this 16th day of September, 1998. Jerry Peterson, Chairman ATTEST Rick Jopke, Community Development Director SEAL N:\DATA\GROUPS\COMDEV\DEVCASES1535-98\5 58-98A RES MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 558-98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE TO ALLOW FOR TWO CURB-CUTS AT 8111 EASTWOOD ROAD,A SINGLE-FAMILY RESIDENTIAL PROPERTY OWNED BY MICHAEL TOBIAS; PLANNING CASE NO. 535-98 WHEREAS, the Mounds View Planning Commission has reviewed the request of Michael Tobias to allow for two curb cuts at his property, located at 8111 Eastwood Road; and, WHEREAS, this property is zoned R-1, Single-Family Residential, and is legally described as follows: Subject to Sherwood and Eastwood Roads, The East 215 Feet of the West 1799 Feet of the South 200 Feet of the Northeast 1/4 of Section 6, Township 30, Range 23 WHEREAS, the Planning Commission has reviewed the following documents associated with this request: 1. Planning Application 2. Location Map 3. Zoning Map 4. Site Plan 5. Letter from Building Inspector,dated 7/28/98 6. Corner Parcel Inventory WHEREAS, the applicant applied for and received Building Permit no. 98095 to repave his driveway, on the condition that the access to Sherwood Road be removed; and, WHEREAS, inspections after the work was completed showed that the access to Sherwood Road had not been permanently removed, but instead had been replaced, violating the terms of the permit; and, WHEREAS, a variance to the provisions of the Zoning Code may be issued by the Board of Adjustments and Appeals to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner in the use of the property owner's land; and, WHEREAS, the Planning Commission finds that there is no undue hardship or practical difficulties associated with this property which would warrant approving a variance, based upon the following evidence: Planning Commission Resol n 558-98 Tobias Driveway Variance 8111 Eastwood Road September 16, 1998 Page 2 (1) More than eighty percent of the corner lots in this section of the City have only one curb cut, and, (2) There are no physical obstructions, such as a bend in the road, trees, bushes or shrubs, that would restrict visibility to and from the property, and, (3) There is ample room on the property to have a turn-around, or"T" extension to the main drive to enable vehicles to exit the property in forward motion rather than in reverse. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission acting as the Board of Adjustment and Appeals denies the variance to allow two curb cuts at 8111 Eastwood Road and directs the property owner to remove the access to Sherwood Road in accordance with the letter sent to the property owner dated 7/28/98. Adopted this 16th day of September, 1998. P Jerry Petso Chairman ATTEST Sc-ije.., :---c-, Rick Jopke, Co Wiry Development Director SEAL N:\DATA\GROUPS\COMDE V\DE VCASES153 5-98\558-98 D.RES . PLANNING ( COMMISSION CO MISSION Page 4 September 16, 1998 Miller asked if the island between the two parking .ts would remain. Dan Hall, told the Commission the island w.•Id remain "as is." Obert recommended adding that final appro : be contingent upon execution, and recordation of the easement document. MOTION/SECOND: Obert/Brasaemle to approv: Resolution No. 560-98, a Resolution Approving a Variance Request to Allow a Joint 'se Parking and Access Arrangement between the Businesses and a Zero-Foot Parking Lot Set,ack, as amended, for 2200 & 2214 Highway 10, Daniel Hall representing the Mermaid. VOTE: Ayes - 6 Nays - 0 Motion carried 6. tanning Case No. 535-98 Property Involved: 8111 Eastwood Road Consideration of Resolution No. 558-98, a Resolution approving a Variance to Allow for two Curb Cuts. Applicant: Michael Tobias The applicant, Michael Tobias, was not present. Associate Ericson gave his report as follows: The applicant was requesting a variance from the Code requirement that states a single-family property shall be limited to only one curb cut. Earlier this year, the applicant took out a building permit to resurface his driveway, which had access onto both Sherwood Road and Eastwood Road. At that time staff indicated that a building permit could not be approved due to the nonconforming nature of the driveway, unless the access to Sherwood Road was removed. The applicant agreed and the permit was issued. Subsequent reinspection of the property showed that both access points remained, both having been improved contrary to the permit. The applicant was notified in writing that they had two alternatives to resolve the situation: 1. Remove the driveway access to Sherwood Road 2. Apply for and receive a variance The applicant chose to apply for a variance in order to maintain the driveway in its present condition. PLANNING COMMISSION Page 5 September 16, 1998 To understand the predominance of the type of driveway configuration present at 8111 Eastwood Road, staff surveyed corner properties north of Hillview between Groveland and Long Lake Road. There are 54 corner lots in this area, of which ten (18.5 percent) have multiple curb cuts. In comparison, the percentage of all residential properties with more than one curb cut is less than one percent. Corner properties present unique safety issues, with as many as four distinct paths of traffic to monitor while backing out of the driveway. Some corner lots, because of tree cover, shrubs and other plantings, have limited visibility thereby increasing the safety risk. The applicant hired an asphalt company to do the required driveway demolition and reconstruction work. The contractor read and was aware of the City's request that the curb cut onto Sherwood Road was to be removed. It was the opinion of staff that the contractor made an error in not removing the curb cut as requested by the City and also written into the work contract that the Tobias family had with the contractor. Staff nave no recommendation but offered the Planning Commission "Option A" and "Option D" of Resolution No. 558-98, Approval or Denial respectively. Chairperson Peterson returned the floor to the Commission for questions of staff A discussion was held in regards to what constituted maintenance and what constituted reconstruction. The Code allows "improvement" of existing conditions as long as they are not "expanded." It was the consensus of the Commission that the contractor was aware that the Sherwood Road curb cut was to be removed and that the new work would include a turn around area in place of the old driveway, per the drawing, specified dimensions and quoted prices for the work. Obert stated there was no hardship to justify the variance. He added, the problem that the property owner now faces was brought on by an error made by the contractor and the contractor is the one who should be responsible for correcting the error, with no charge to the home owner. MOTION/SECOND: BrasaemIe/Miller to approve Resolution No. 558-98 "Option D" Denial of a Variance for Two Curb Cuts, as amended, 8111 Eastwood Road, Michael Tobias. VOTE: Ayes - 6 Nays - 0 Motion carried 7. Staff Reports/Information Items A. Highway 10 Design Theme Director Jopke gave his report as follows: FAX NO, 8888888 P. 02 SEP-15-98 TUE 11 :01 TSF; SHERMAN ASSOC September 15, 1998 MR JIM ERICSON PLANNING ASSOCIATE - CITY OF MOUNDS VIEW 2401 Highway 10 Mounds View, MN 55112 RE; VARIANCE REQUEST BY MICHAEL S. TOBIAS 8111 EASTWOOD ROAD Dear Mr. Ericson: Since I am unable to attend the Wednesday, September 16, 1998 meeting regarding the above issue, I am forwarding some information to you in support of the variance for the two driveways at 8111 Eastwood Road NE. I have enclosed a copy of the original contract with ACI Construction (4.14-98)which shows the new asphalt driveway extending all the way to Sherwood Road. Upon obtaining the building permit and discussing the improvements with you, you had indicated that two driveways were not allowed per ordinance. I then re- negotiated the construction contract and modified the agreement to show an approximate 15 foot unpaved area at Sherwood Road. The modified contract with ACI dated 4-28-98 shows this change and a copy is attached. When the construction crew for ACI came to the house,they simply replaced the driveway that had already existed, including the driveway area connecting to Sherwood Road. Since I am working during the day, I was not at the house when the construction crew completed the paving of my driveway. I believe that I have done everything correctly in this matter, and the fact that two driveways now exist, in much the same way as they have in the past, was beyond my control at the time of construction. In my opinion, I have made a significant improvement to the aesthetic appearance of the property without any negative impact to the neighborhood or neighboring properties. Therefore, I am in full support of the Planning Commission granting a variance for the two driveways at 8111 Eastwood Road NE. Thank you for your time and consideration on this matter. Sincerely, ichael S. Tobias SEP-15-98 TUE 11 :02 W; SHERMAN ASSOC FAX NO, 8888888 P, 04 • t •`l,'4 " � • t ; Permit No. artr ©( m©uf Nros diirsh5 ULDM APP_.- O©L1DO[ Applicant to complete numbered spaces only, • SITE ADDRESS 1 F//' 95Tr.✓do.d / .4- odr/Q - r/ J pe)- q x OWNER �p /��� m g MAIL ADDRESS ZIP PHONE m o 2/r e,74f�C 70-es/As. �iif4srr✓�4 ,I , ,Wiorilars-,2 7,ea-7 '�/�/ m CONTRACTOR MAIL ADDRESS ZIP PHONE 5:d7 Ss� . , 3 ' .,fir dcrvol LTi .moo �P , e 41 a*, - /17d�.5-5�.V - ARCHITECT/DESIGNER/ENGINEER MAIL ADDRESS ZIP PHONE �sq c14" .45 G o.rry2 A c pre 4_. ._ USE OF BUILDING 4 / �5i,•9e,.f774 4— — S'- -v .- DESC RIDE CINN WORK LP 15 A ,z'f« ,,o, /' m'4Y -r-t. Ca5 - CQ5pIr\cti)/ 6 VALUATION OF WORK ')x5 .3 . . _ NOTICE type DI )--;oc oDcupancy IUse It Group Zone THE PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION size of — No.of Fre Sprinklers AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS,OR IF CONSTRUCTION Bldg. / w i Stones Required Q Yes Li No OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT (rolal)Sq fia ANYTIME AFTER WORK IS COMMENCED. OFF STREET PARKING SPACES I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS Wool APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.ALL Dwelling Links Covcrm Unravered PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK THACT BLOCK LOT NO, WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT.THE Legal Description GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW Special Approvals Required Received Not Required REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION ZONING FLOOD PLAIN SIGNAT R FCO 0 R AUT D AGENT (DATE) WETLAND �� ',. c/ --:.-:-____14-20 -,ff DR (NAGE REPORT — G URE OF O NER F OW ER BUILDER) (DATE) • •� OTHER Moodily) \T.‘ ' n . IMPORTANT TO APPLICANT-15tEASE READ ( ,, EASEMENTS D Yes U No piy.r.myth,,,Pr'Ai„q,,,,map) .P• SPECIAL CONDITIONS - SEPARATE PERMITS REQUIRED FOR: - PLUMBING# C HEATING, VENTILATING OR AIR CONDITIONING # ELECTRICAL# AmorariONAccEPTEO PLANS cHEC f 0 BY APPROVED FOq ISSUANCE ST :?zt,_1.,44-2-0'crto BLACKTOPPING # SEWER# .&WATER# CONTRACTORS LICENSE'/ STATE .0 NOT REQUIRED O YES 0 PENDING THIS IS AN APPLICATION ONLY PERMIT FEE g tg 9..1_5 THE PERMIT WILL BE ISSUED AFTER PLAN CHECK FEE REVIEWAL OF THE APPLICATION. SURCHARGE -.'"'" 6 , g , SWM CHARGE LICENSE CHECK S .gym' TOTAL FEE S '2 n e d SEP-15-98 TUE 11 :01 Tel SHERMAN ASSOC FAX NO, 8888888 P. 03 _ _ k • Lk: # , b-'. ...H .q. '�� -: �' ...,,..,•,. ,;. ;a Member of the Better .'BssBureau • flInc- , Asphalt Contractors 3601.48th Ave. N., Brook • lyn tenter,'MN 55429 Ph, 5 7.5555.•'Faz 537-5577,'x.."• '``, o, •• 'j) , PROPOSAL AND CONTRACT AGREEMENT: " • • ''',-4c Proposal submitted to: Date ' Name I.I. it / , 6 g/As Job Name Address ' S/. 0 ' Nc Address • City/State/Zip /' .. S1/ ,,/ .5 '7 _ � City/State/Zip Phone(s) 'I - 7' ��• ba - Phone �.,. (S) ' • • Proposed Specifications � AGI proposes to furnish all material&labor necessary to complete the following: 7 �AYQ UT H R EA • • g.1. Remove & haul away: s halt 1.7 S d/Dirt t. ve, Ar ^' . • Install Concrete _t, Other Aab rs - ' . L2 tall crushed Class 5 it base as • �e�. t needed to'establish q- "base. -, Ar 3. Grade and compact. '- 4. Pave with hot asphalt mix and compact _ r='�% "` • `� a (Appro irnateiy _3 " loose, ` ' ` f J Vt.. " compacted.) b lifal . .. ' Type 2341 A(1/2"-)-) t'Type 2341 B (3/4"-) 1 , . • C:1:5. Clean and apply tack as needed,"Overlay existing (,,, driveway with hot asphalt mix and compact. r ( w (Approximately . " loose, �I tc " oo� Si compacted.) q f u . . O Type 2341A(112"-) IJ Type 2341 B (3/4"-) . (30 Y�I' j D Fine Mix (3/8"•) Z r 5 rQN '� WtTri/A) 6. Owner responsiblefor any permits, if necessary:' v1 ' ' ' 1 : •. . • .1. 11 .94175- 7. Other 1P Ali of the above wor ttoolbe completed in s`u�b�stantial nd workmanlikeormanner for the sum of$- ✓3f'C- -- (`Y f -7" v •G J•• ��/� 6c> (( "------ -- ••) Dollars: Pt) Terms: $ i down, remainder$ iy.� du• • i upon completion of job. Any unpaid balance will accrue interest at 1.25%per month. Good for a• ...: days. • The above prices,S ltcaea le Ind eons ro"s are sansfaoto • i r ry ant are hereby mooted lou ere censured ro do Inc weir U epecnlod e,d the Mama p�ygt'of lame are laminable.Al mnleria,is uuen es be eomplelyd in a wonory"Idm mane,in asps:duce to shrde,d cerouuepun pracllcee.Any deviation from Ms pro 1 re extra war will be a B teed to ba as re ar ed.Al over a is alcove Mrs apreemenl.Alt epreemcme we conln ant won P� e only owns a owners • Il WAYS beyo,d OW control.Pretery owner q carry hr.Lomas and any tMei �� aper orders and will became An ewes mama oWr and • txecsaa7 insufarlo.. Nom of Use:Persons or ednipeniet tunlls/tinp labor or melerlats for ue Improvement of nal properly may enforce a ben upon Me improved lend they ere rot Pas for Ilei contra:etyne,oven it auoh pudgy naw no conlracbrat rehuanplid wiin Iry owner.Minnesota law permits Me owner to withhold horn hie contractors so mach for Mt centred emu tb may be necessary to moll the Edmendt of all other ben claims*pay direr*surf,Lena end accrual me coat Cheroot and the contract pnoe,Cr!wi,nnoII enajels from hla contract*f antnhtt to the owner of claim for mechanics len Opted Iny pagons who 'Mend an hereby waive at nether repulrwtlente of mike under Minnesota atalula 510,01t. Y lab matcrW d,the if±prq.emeni and who provided the ownerwvTn rebels melee.The awns The COntrulr r sprees to rise' and PubGC Li I canoe,also to war is performed. l/ / pay an t4etu Taus,upon Ma material furnishes under this aoMrae.es reiruaed by the• .. les,. !on and to Slam In%w itll ba .4.7 Sigf+ratufe of Owner • . -ignature • Co acro'.. L'— 4. ' I agree to the terms above and back. ? r._,_ s/-2d" /7V-/V- 97 . SEP-15-98 TUE 11 :03 Ton SHERMAN ASSOC FAX N0, 8888888 P. 05 INA,. • Lic. #:. • : t • : �„ t ' I , , ' ,Member of• a Better 8840 t 'y 2000 " • ; ";" 1''' Business Bureau• . . :*.' • ; �f.ti. i'•`.;.:�. .`• t..a � y . r.6.a4 r• r yI �. n:r�s.. , � •.T.� 1 � ' T.j���: Jr.y�;roar .,;i,tC ld '. , r.; fit'• •t ''3' � �■i � 1' i J �•• ''"• •' • • Asphalt Contractors 3601'48th Ave. N°, Brooklyn tenter,:MN'55429 Ph:'537-5555:Fait:53Z-5577'::%., .:.•' . •Job# ` - PROPOSAL'.AND CONTRACT..AGREEMENT- •• •• Z •• P • roposals bmitted to:ST I)W el�1: ' m'+e 7;3 n s • • GCI 0 x,y , Date -_ b— i 14 Name 1 Y!t (a$), s • Job Name • •Address 2,1)1 EiSrh6ol> P.D. Ne - Address . • City/State/Zip /t~..J P S V &.h))61 S5/! • City/State/Zip_ . •Phone(s) A/ : *7�a 79 q 4 14' (p - - 'rd-4 Phone(s) .. .. • . • Proposed Specifications • l proposes to furnish all m Aeaterial&labor necessary comp to complete the following: •A p u T AREA-. .X1. Remove &haul away: � sphalt O Sod/Dirt c. vt, P2-`, . • ❑ Concrete .Other 12,,b_S1 , • f 2. Install crushed Class•5 C ukt�r,Qbase as _ - 2 , needed to establish [ " base: . . , 3. Grade and compact,. S` �s� • A.4. Pave with hot asphalt ix and compact % •• (Approki ately "loose, 109 . Il' • -2_112.- compacted.) (10 '� , Type 2341A(1/2"-) a•Type 23418 (3/4"-) tkliko. , . 5. Clean and apply tack as needed. Overlay existing ?ptJ\J. fi' / c�, u5 �ik driveway with hot asphalt mix and compacta �/ t (Approxirriately . . . loose, / • ."compacted.) gjt'° • ' • ❑Type 2341 A(1/2"-) I>Type 2341 B (3/4th-) •• ❑ Fine Mix;(3/8"-) ,� Z,=-4 6. Owner•responsible for any permits, if necessary. ❑ 7, Other till All of above work to be completed in substantial and workmanlike manner for the m of$'� t�tq 5 i� ($ ,1 cr-c� con - J /r N /oo�--- )'-Dollars. • Terms: $ O • ' down, remainder$.;g1 due upon completion'of job. • Any unpaid balance will accrue interest at 1.25%per month. Good for JO ' days. - . • • T�a�a lbrim.eyacif twr somArons are satisfactory and we hereby accepted.You tie contracted to no the wch os epeyirrd and Ira:tonod payment terms an acceptable.Al Material is ouarantccd la be$e eparJfted.Art wont to ' tocompiled• manner in accordance to standard consIruclto,t Ceeeetelt.Ary deviation north Ks proposal or extra rola west be wended only upon owner or owners apem orders are veal become an extra charge over and above mit agreement.N agreements are eonlYlsenl yport delays beyond me control Properlyowner to tiny fee.tornado and any calor ne Mary insurance. - • Holies of lien:Persons or Wmpaniet lumtsilin leerar or matcrtaq for the ingrovoment or real properly may enlorae a sen open the improved land ii i qy ma not paid tar their contributions.even Y stint parties have no obntreelifel retalionsty rigs the owner.einneaola law permits no owner to withhold troll Inc contractors so much for tne contract mice as may tie rwowoe7 to meet t e demands et as outer ben clamant,pay directly such rens and doduei the cosi lhoivof and thop contract price.or withhold amounts frorn his contractor ryrniahec to the owner at claim for re dianrcs bon sipped try persona who furnished any labte on material of the Improvement end wito provided the ower with IMoy police.The owner hereby waives at tanner rseulnments of notice undo!Minnesota Statute 514.071. 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Kessel, Finance Director Item Title/Subject: Community Center & Recreation Programming draft contract with YMCA Date of Report: November 18, 1998 Attached is a draft of a contract with the YMCA for management of the Community Center and Recreation Programming. It should be noted that this is the first draft and is intended to be the starting point for additional discussions. The contract in its present state is a compliation of numerous concerns and issues that have been identified. At the present time, attorneys for the City and the YMCA have not reviewed the contract. Also, it is recognized that numerous items in the contract will need to be expanded and/or clarified. The YMCA is presently reviewing its proposal and associated costs. As the proposal is refined, the cost estimates will be updated. MOUNDS VIEW COMMUNITY CENTER AND RECREATION MANAGEMENT AGREEMENT This Management Agreement("Agreement"), dated , 1998 is made between the CITY OF MOUNDS VIEW, a municipal corporation under the laws of Minnesota ("City") and the YMCA OF GREATER ST. PAUL (hereinafter"YMCA") for the Management of the Mounds View Community Center and City recreation programming. RECITALS 1. The City is the owner of the Mounds View Community Center located at in the City of Mounds View. 2. The YMCA is experienced in providing recreation services and managing facilities and is willing to enter into this Agreement. NOW THEREFORE, in consideration of the mutual covenants and promises contained in this agreement, the City and Images agree as follows: ARTICLE I: TERMS AND CONDITIONS OF AGREEMENT The initial term of this agreement will be five (5) years, commencing on January 1, 1999 and continuing through December 31, 2003. This agreement shall automatically renew for two additional five-year terms under the same terms and conditions unless either party gives written notice of termination to the other party on or before June 30th in the fifth year of any five-year term of the Agreement; such termination may be made by either party without penalty or cause. ARTICLE II: COMPENSATION A. In 1999, the City will pay the YMCA annual compensation of S . In future years. the amount will be adjusted for inflation. For such compensation, the YMCA agrees to provide the programs and services outlined in this agreement, including, but not limited to the following: a. All costs associated with recruiting, hiring, training and supervising the employees necessary to provide the services outlined in this contract; b. Office supplies, including copy paper,printer cartridges, stationery, envelopes, postage, etc.; c. Registration software and annual support; d. Any additional advertising other than that provided by the City: e. Transportation and mileage; f. Liability insurance; g. First aid supplies; and h. Supplies and equipment for programming, such as balls, bats, craft supplies, etc. ?about membership in Mn Park& Recreation Association and National Park& Recreation Association. B. At the end of each calendar year under this contract, the surplus or deficit from all recreation programming will be calculated as follows: 1. All revenues from such programs will be included. This will include any scholarships provided to participants, and any subsidies provided by the City in order to offer any program. 2. All direct expenses will be subtracted. Direct expenses will include: a. Salaries and benefits for the staff involved in the actual programs; and b. Supplies, equipment and other costs directly associated with the program. 3. An administrative charge of 12.5% of all direct expenses will be calculated and subtracted. 4. The remaining balance will be that year's surplus or deficit. The City will fund the first$2,000 of any deficit with the remaining deficit being split equally between the City and the YMCA, provided that the maximum City liability for any one year shall be $5,000. For any surplus, the first$2,000 shall be paid to the City. The next$10,000 of any surplus shall be paid to the City to assist in funding the Building and Equipment Replacement Reserve Fund. Any additional surplus shall be split equally between the City and the YMCA. However, upon mutual consent from both the City and the YMCA, any or all of the surplus can be used to expand programming or services in subsequent year(s). ARTICLE III: DUTIES AND RESPONSIBILITIES The City and YMCA recognize and acknowledge that the Mounds View Community Center includes the Facility and the Center, in addition to space that is currently being used for community education and day care and agree to cooperate in effectively operating and maintaining Center for the good of all the users of the Mounds View Community Center. Both parties also recognize that the Center and all other park facilities are smoke free and will undertake actions to insure that no smoking is allowed. A. YMCA's Duties and Responsibilities. The YMCA will be responsible for the management of the Center in addition to recreation programming for the City. The YMCA will use its best efforts to develop brochures and other marketing materials to promote the Center and recreation programming as well as hire, train and supervise instructors and leaders for recreation programming. The YMCA will achieve quality service goals for the Center by executing marketing strategies, providing quality service to the customers, and employing leadership and managerial skills effectively. All services provided by the YMCA, YMCA's officers, agents. and employees pursuant to this Agreement shall be provided by such companies and persons as an independent contractor and not as an employee of the City for any purpose, including but not limited to income tax withholding, workers' compensation. social security and Medicare taxes, liability for torts, and eligibility for employee benefits. In addition. the YMCA agrees to do the following: 1. ' Defend, indemnify'and hold harmless the City, its elected officials, officers, employees, agents and representatives, from and against any and all claims, costs, losses, expenses, demands, actions or causes of action, including reasonable attorneys fees and other costs and expenses of litigation, which may arise out of this Agreement for services provided by the YMCA hereunder. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on liability set forth in Minnesota Statutes, Chapter 466. 2. Administer all data under this agreement in accordance with Minnesota Statutes, Chapter 13 -Data Practices Act Compliance, and all data on individuals shall be maintained in accordance with statutory guidelines. 3. Prepare an annual budget each year for the ensuing year, including estimated rentals, revenues and expenses for the Center and recreation programming. A preliminary budget will be provided to the City on or before August 1 of each year and will be updated as new information becomes available. 4. Assist in developing five year and ten year capital improvement plans for the Center and parks in conformance with City Charter requirements. The improvement plans will include building and equipment maintenance, replacement and/or enhancements. The YMCA shall assist the City in obtaining cost estimates for such improvements, and in preparing an implementation plan for the following year. 5. Operate and manage the Center and provide all recreation programming in accordance with all federal, state, and local laws, regulations, ordinances, and City policies. The YMCA will obtain all permits, licenses, and certifications necessary to ensure compliance with all federal, state and local laws, regulations and ordinances provided, however, that the City will pay for all general permits, licences and certificates necessary for operating the Center and recreation facilities. 6. The YMCA and the City shall establish procedures to handle complaints regarding the operation of the Center and providing of recreation services. The YMCA shall promptly furnish the City of a copy of all written complaints it receives. The YMCA shall provide quality customer service equal to or exceeding the level of service provided by the YMCA to its customers at the Shoreview YMCA in 1997. ? YMCA unsure how something like this could be measured? 7. Maintain the following public hours for the Center: September through May Monday through Friday 9:00 a.m. to 10:00 p.m. Saturday 8:00 a.m. to 9:00 p.m. Sunday 11:00 a.m. to 6:00 p.m. June through August Monday through Friday 9:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday closed The YMCA shall monitor and report the Center's usage to the City. The hours of operation can be modified upon mutual agreement between the YMCA and the City. The Center will be closed for the following holidays: Easter, Thanksgiving and Christmas. In addition, there will be reduced hours on the following days: New years eve and day, Memorial Day, 4th of July, Labor Day, and Christmas eve. The Center can also be closed for up to four additional mutually agreed upon days for cleaning, maintenance and/or repairs of items including but not limited to resurfacing hardwood floors, cleaning carpets,etc. If City Hall is closed due to inclement weather,the YMCA can elect to close the Center. In addition, the YMCA may request to close the Center due to inclement weather at other times and the City Clerk-Administrator shall have the authority to approve or deny any such request. 8. Make every effort to keep the Center and Parks open for use at all times by giving the City prompt notice of any maintenance issues, work with the City to schedule maintenance and repairs at times that will cause the least disruption to the operations at the Community Center and Parks. To monitor Center users to ensure that they do not perform acts that will disrupt future activities at the Community Center. 9. To establish and enforce a dress code for employees and volunteers. If uniforms are to be a component of the dress code, logos may be included on such uniforms, provided however, that if a YMCA logo is included, a Mounds View City or Community Center logo of similar size must also be included. 10. Recruit, hiring, and training staff, assigning and scheduling their work, and monitoring their performance. 11. Screen all employees, volunteers or other individuals that will have direct contact with City staff or the public for??? inappropriate backgrounds. (As an alternative, may want to include the YMCA's personnel policy or manual to deal with this and similar issues). 12. Provide the personnel necessary to successfully market, manage and operate the Center and recreation programming. The YMCA shall maintain an adequate level of staffing at all times in order to serve the public. The YMCA agrees to comply with all applicable federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, disability, age, or status with regard to public assistance. 13. Maintain workers' compensation insurance in compliance with all applicable statutes, and professional, automobile, contract, and general liability insurance in amounts and in forms satisfactory to the City. 14. Provide supervision to oversee the day to day operations, including, but not limited to, overseeing the marketing, scheduling,reservations, and day to day operating procedures for the Center and recreation programming. 15. At least one YMCA representative shall be at the Center whenever the Center is open to the general public or whenever a program or activity is taking place at the Center. The YMCA will be responsible for ensuring that the building is empty and locked prior to leaving. However, if the Center is closed to the general public but the Facility is being used, the YMCA shall not be required to have a representative at the Center and shall be responsible for locking only the gymnasium, offices and meeting rooms; the manager of the Facility shall be responsible for locking the Center after any such event. 19. Oversee the custodial service at the Center and inform the City of any problems with the . custodial service or any additional custodial services that will be needed. 20. Oversee vending services for food and drinks at the Center. The YMCA can provide input into vendors and products to be offered but acknowledges that the City shall have the right to enter into exclusive agreements for some or all of such products. 21. The YMCA shall have the right to offer merchandise such as clothing or athletic supplies for sale. 22. Develop program descriptions and prepare brochures and other promotional materials. Provide the City with camera ready material for promoting Mounds View programs and facilities for inclusion in four Mounds View Matters brochures. 22. Develop policies and procedures for take reservations at the Center and park facilities and recreation programs. All such policies and procedures shall be subject to approval by the City. 23. Take reservations for Center and Parks and recreation programs. Schedule events and facilities, and maintain a master engagement calender showing all reservations and events. 24. Develop and maintain systems to ensure adequate internal controls and accurate timely reporting of financial information. Such systems are subject to the review and approval of the City's Finance Director. 25. Developing fees, charges and/or deposits for programs. equipment and facilities. Such fees, charges and/or deposits shall be set and modified only after consultation with the City. 26. Collect fees, charges and/or deposits for all programs, equipment and facilities. 27. Record all fees, charges, deposits and outlays in a format acceptable to the City's Finance Director. Monthly reports shall be provided to the City within 30 days of month end. The City's Finance Director shall be able to review any YMCA records relating to its activity under this contract. By June 30th, the City shall be provided with an audited financial statement for the YMCA for the previous year. If the City requests a separately audited report for the services provided under this contract, it agrees to reimburse the YMCA for such costs. 28. To offer at least the programs listed on Attachment A. The YMCA shall review registrations and associated costs for each program prior to providing the program. If there are fewer than ???eight registrants or if the program is projected to lose more than $50, the YMCA shall have, upon giving the City notice, the option to cancel the program unless the City notifies the YMCA that it is willing to provide the resources to offset the program's deficit. 29. To meet ?? quarterly with the Mounds View Park & Recreation Commission to discuss programs, fees, facilities or any other appropriate issues. 29. To develop and maintain contacts with athletic associations, community education, school districts, cities, and other entities to promote programs and to form cooperative ventures for providing recreation programming and services. 30. To provide office space and allow the use of the copier, fax machine and one computer and printer by the Facility Manager. When Facility Manager is not available to answer general questions about the Facility, including providing a schedule of fees and charges and when possible, to show the banquet facility. 31. To shovel the sidewalk after light snowfalls 32. To monitor the HVAC system and to maintain a temperature of not lower than 78 ?? degrees in the summer and not more than 68 ?? during the winter 33. To work with seniors and volunteers whenever possible to assist with programming and services. 34. Work with the City of Spring Lake Park in providing services at Lakeside Park. 35. Provide any computer(s) and software for use at any location other than that provided by the City and/or for any special applications. Special applications are any application other than word processing, spread sheets, reservations, or e-mail. 36. Provide the following additional services: a. 1.500 hours of ice skating supervision: b. 1,500 hours of sununer program leadership and 300 hours of summer playground supervision; c. 500 hours of middle school leaders; and d. Work with and coordinate school coordinators with ISD 621, not to exceed $10,000. 37. Work with community groups, businesses and individuals to explain the mission of the Center and recreation programming and to solicit contributions to assist in achieving the mission and to assist disadvantaged individuals. 38. Affirms, that to the best of its knowledge, its involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. The YMCA agrees that, should any conflict or potential conflict of interest become known, the YMCA will immediately notify the City of the conflict or potential conflict. To provide liability insurance for programs offered. To provide property insurance for any YMCA owned equipment that is used while providing services under this contract. B. The Citv's Duties and Responsibilities. The City agrees to provide the resources to maintain the Center and associated equipment. In addition, the City agrees to do the following: 1. Maintain property insurance in accordance with limits established by Minnesota statutes. 2. Establish an advisory executive committee to make recommendations to the City Council regarding operations at the Center. The committee will be comprised of the Northwest Family YMCA Executive Director and the Center's Manager, a representative from the Park and Recreation Commission, the City Clerk-Administrator, City Finance Director, and two City Council members or appointees. 3. Establish a Community Center Committee to review operations at the entire Community Center. The committee will be comprised of the executive committee noted above plus a Children's Home representative and a representative from Community Education. 4. To permit the YMCA to use specialized equipment owned by the City for special projects at the Center, provided that such equipment is available and the YMCA provides adequate advanced notice for scheduling of such equipment. In addition, the City shall provide the following equipment at the Center for day to day use by the YMCA: a. Desks or work surfaces from which to conduct day to day operations for the Program Manager and two programmers, in addition to a public counter; b. Phone lines, voice mail and equipment for at least six voice mailboxes; c. Photocopy and fax machine: d. At least three networked computers and one networked printer: and e. At least one Internet connection. 5. Adopt an annual budget and a five year and ten year capital improvement plan for the Center on or before December 31st for the subsequent year. In addition, work with the YMCA to develop and implement the capital improvement plan for the subsequent year. 6. The City shall budget and provide resources for the following: a. Printing and distributing of at least four brochures to be included with the City's newsletter; b. Provide custodial services (define level of service $35,000) and supplies for cleaning supplies, light bulbs, trash bags, soap,paper towels, and toilet paper for restrooms; c. Provide and clean rugs for entry ways; d. Clean all carpet twice a year; e. Maintain HVAC systems; f. Resurface gym floor not more than once per year; g. Provide and pay for phone service, including up to $40 of business long distance phone calls per month; h. Provide all utility services including electricity, natural gas, water, wastewater, street lighting, surface water, recycling, and garbage hauling; I. Maintain City owned office equipment including computers, printers, copier(s), fax machines; j. Provide outside maintenance of grounds and parking lot, including snow plowing of parking lot and sidewalks. Sidewalks will be shoveled when??? k. Provide software for computers including their operating system, word processing software for three computers, spread sheet software for two computers. and publishing software for one computer; 1. Maintenance of other park facilities including building and ground maintenance, maintenance of softball fields and fences,hockey rinks, etc.; and m. Provide at least one public telephone. 7. Acknowledges that by entering into this contract the YMCA is allocating resources to the City and has a stake to insure that the recreation programming and the Center succeed. The City further recognizes that the YMCA deserves recognition for its commitment to the City and as such, the City agrees to allow the YMCA logo to be placed on the monument sign for the Center, on stationery for the Center and in brochures for recreation programming. 8. Provide custodial services and maintenance for the Center and related equipment. 9. Upon receiving notice from the YMCA, the City will repair HVAC, plumbing, or other problems as soon as practicable in the manner that will cause the least disruption to the Center and the entire Community Center. 10. The City agrees to fund a building and equipment replacement fund. Funding shall be by annual appropriation. The City agrees that the minimum appropriation shall be $20,000 in 1999 and be raised annually by the CPI. The building and equipment funds shall be available for replacement of carpeting, HVAC systems, roof replacement, and other similar items. ARTICLE IV: TERMINATION If the YMCA fails to perform any of the terms,conditions, or requirements of this Agreement, the City will give the YMCA thirty days' written notice of such failure. After receipt of the written notice, the YMCA will have up to thirty days to correct the problem, except that the City may in any case take immediate steps at The YMCA's' expense to correct the problem in order to protect the health, safety and welfare of the City and the public prior to the end of the 30 day period without affecting the City's right to terminate the YMCA. If the YMCA fails to correct the problem within the thirty day period. the City may terminate the Agreement by giving The YMCA thirty day's written notice of such termination. If the City fails to perform any of the terms, conditions or requirements of this Agreement, the YMCA will give the City thirty days' written notice of such failure. After receipt or the written notice, the City will have thirty days to correct the problem, except that the YMCA may in any case take immediate steps at the City's expense to correct the problem in order to protect the health, safety and welfare of the City and the public prior to the end of the 30 day period without affecting the YMCA's right to terminate the Agreement. If the City fails to correct the problem within that thirty day period, the YMCA may terminate the Agreement by giving the City thirty days' written notice of such termination. ARTICLE V: OTHER PROVISIONS 1. Addresses and Notices. Any notice permitted or required to be given under this Agreement must be in writing and shall be deemed to'have been given if sent by certified mail, postage prepaid. addressed as follows: To the City: City Clerk Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 To YMCA: Northwest Family YMCA 3760 North Lexington Avenue Shoreview, MN 55126-2915 And YMCA of Greater St. Paul 476 Robert Street North St. Paul, MN 55101 If either party has a change of address, that party must give written notice to the other party of such change. Failure to do so will not invalidate any notices sent to the addresses listed above. 2. Amendment. This agreement may be modified or amended only with the written approval of the YMCA and the City. 3. Assignment. This Agreement shall be binding upon and in order to the benefit of the parties. No assignment or attempted assignment of this Agreement of any rights hereunder shall be effective. 4. Authority. Each of the undersigned parties warrants it has the full authority to execute this Agreement. 5. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with and governed by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based upon convenience or otherwise. 6. Construction. In the event that any one or more of the provisions of this Agreement, or any application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions in any application therefor shall not in any way be affected or impaired thereby. 7. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire Agreement between the City and The YMCA, and supersedes any other written or oral agreements between and City and The YMCA. 9. Execution in Counterparts. This Agreement may be executed in counterparts by the parties hereto. 9. Programming equipment. The City will provide the YMCA with the equipment and materials on Attachment XX. Any program equipment purchased in conjunction with any service provided under this contract by either the City or the YMCA shall become and remain the property of the City. The YMCA agrees to maintain any such equipment. At the end of this contract, any such equipment shall remain with the City. 8. Waiver. No failure by any party to insist upon the strict performance of any covenant. duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term or condition may be waived again. 9. Work Product. All records, information, materials and other work products prepared and developed in connection with the provisions of services hereunder shall become the exclusive and confidential property of the City. No such products shall be made available to any other individual or organization by The YMCA without the prior written approval of the City. ARTICLE VI: DEFINITIONS OF TERMS USED IN AGREEMENT 1. Center- The gymnasium, lounge senior center and meeting room A and B in the Mounds View Community Center. 2. City-The City of Mounds View, a municipal corporation under the laws of Minnesota. For purposes of reserving and using the Facility and paying compensation under this agreement, the term "City"shall also include any other individual or entity that the City may contract with to provide recreation programming for the City; the City will provide The YMCA with a written list of any such individual(s) or entities and authorized events prior to them being included as a City use. 3. Community Center-The entire Mounds View Community Center, including the Center and the Facility, as well as the kitchen, day care center and community education area. 4. Facility- The banquet hall portion of the Mounds View Community Center. 5. Parks -All City parks and park facilities. See Attachment XX for a detailed list of City parks. Park facilities include baseball and softball fields, soccer fields, playground and associated playground equipment. picnic shelters, and ice rinks and warming shelters. Excluded is The Bridges golf course. 6. YMCA - YMCA of Greater St. Paul. CITY OF MOUNDS VIEW By: Duane McCarty, Mayor Northwest YMCA Executive Director By: Charles S. Whiting, YMCA of Greater St. Paul City Clerk-Administrator Chief Executive Officer Attachment XX -Minimum Programs to be Offered — Youth General After School Programs Tree Sales Boys Basketball Family Excursions Buterflies are Free Holiday Botique Mites Basketball First Aid/CPR Instruction MVAA Open Basketball Rollerblade Hockey Life Be In It Special Projects Snowmobiling Girls Basketball Clinic Picnic Kit Rental Gymnastics Park Site Rental Dance Concerts K-Powers & Grasshoppers Rink Activities Halloween Party Swimming Christmas Party Adult Beginner Swimming Clinics Advanced Beginner Swimming School's Out/Vac Activity Intermediate Swimming Skating Lessons Beginner I Swimming Boot Hockey Lap Swims/Individual Swim Pass Animal Control Open Swim/Family Swim Passes Soccer Waders Jr. Boys Softball Advanced Lifesaving Jr. Girls Softball Swimmers Excursions Private Lessons Summer Playcenters Senior Swim T-Ball Beginner II Swimming Tennis Instructions Waterbabies Youth Softball Beginner III Swimming 8-Ball Semi-private Lessons Babysitting Classes Swm Rec/Athletic Supervisor Superball Tumbling for Tots Karate Track Preschool Programs Adult Broomball Open Gym Gadabouts Co-rec Volleyball League Fitness Workout Racquetball Instruction Dance Men's Softball Women's Softball Co-rec Softball Men's over 35 Softball Senior Girls Softball Senior Boys Softball Fall Softball Senior Citizen Programs Cross-Country Ski Lessons 3-Man Basketball 4-Man Football Wellness Classes Volunteer Recognition Special Interest Class r .?R4 aA ' yy le,- #».; kf '�}✓1✓ s#t�y ,y�•' y�a yy�,�, vs�z' ���� g _ . 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'- 1- O g E c c OD u E °_' F U eT c ey o ,_ E v o 0 m .W C a u u a; c _ E c c - E u^ N E = c = = u g D v u N u v^ v a+ u t c. `u'oD'c dUUca> 0..O Et=.~a0 vU m=CC�CiC1-o- E k,. 0 Eit0� _ =U•US0 W c C `u _ 6 d 0a c C w ZO 5 U U� CG 'a YMCA 1999 Budget Savings City YMCA (Cost) General Funds: Parks, Recreation & Forestry Recreation (100 - 4350): Personnel services 54,369 41,190 13,179 Materials & supplies: 1140 Supplies, office 3,215 0 3,215 1600 Supplies, operating 420 420 0 2990 Miscellaneous 0 0 0 Total materials & supplies 3,635 420 3,215 Contractual services: 3030 Professional services 500 3,360 (2,860) 3060 School coordinator 9,700 9,700 0 3300 Postage 1,200 1,200 0 3420 Advertising 300 r 0 300 3430 Printing 4,080 4,080 0 3610 Memberships 400 0 400 3630 Training & conferences 2,000 0 2,000 3800 Mileage 200 0 200 4010 Rental, equipment 0 0 0 4800 Bonding& insurance 2,450 1,000 1,450 5110 Repairs, equipment 490 490 0 Total contractual supplies 21,320 19,830 1,490 Capital outlays 7030 Equipment 4,500 2,000 2,500 Total capital outlays 4,500 2,000 2,500 Subtotal -Recreation 83,824 63,440 20,384 Parks personnel 133,154 114,730 18,424 Athletic field maintenance- personnel 11,482 11,482 0 Forestry -personnel 2,210 0 2,210 Total General Fund 230,670 189,652 41,018 Recreation Activity (Fund 250): Personnel costs 46,389 21,448 24,941 Community Center Operations Programming Personnel services 127,762 110,152 17,610 Materials & supplies: 1140 Supplies, office 1,000 0 1,000 1210 Supplies, bldgs & grounds 2,000 2,000 0 1230 Supplies, equipment 500 500 0 1600 Supplies, operating 3.500 3,500 0 2990 Miscellaneous 0 0 0 Total materials & supplies 7.000 6,000 1,000 Contractual services: 2400 Uniforms & colothing 720 0 720 3030 Professional services 47,645 47,645 0 3100 Telephone 4,512 4,300 212 3200 Water& wastewater 1,200 1,200 0 3210 Electricity 15,000 15,000 0 3220 Natural gas 9,000 9,000 0 3300 Postage 200 0 200 3420 Advertising 400 0 400 3430 Printing 1,000 0 1,000 3530 Refuse collection 6,458 6,458 0 3610 Memberships 250 0 250 3630 Training& conferences 200 0 200 4010 Rental, equipment 0 0 0 4800 Bonding& insurance 4,200 3,000 1,200 5110 Repairs, equipment 1,500 1,500 0 Total contractual supplies 92,285 88,103 4,182 Capital outlays 7030 Equipment 8,814 8,814 0 Total capital outlays 8,814 8,814 0 Subtotal- Community Center Programming 235,861 213,069 22,792 Banquet Center Marketing 1140 Supplies, office 200 200 0 3030 Professional services 18,000 18,000 0 3100 Telephone 120 120 0 3300 Postage 1,000 1,000 0 3420 Advertising 4,200 4,200 0 3430 Printing 2,000 2,000 0 Total contractual supplies 25,520 25,520 0 Capital outlays 7030 Equipment 0 0 0 Total capital outlays 0 0 0 Subtotal - Community Center Marketing 25,520 25,520 0 Total Communi Center 261,381 238,589 22,792 Total all o.erations 538,440 449,689 88,751 C ohm/N.-, s n 1 Hrs 1 Full Time Maximum ; Adjust to ! Actual Group Workers Comp Position Code 1 Etc. I Equivalent Salary rate i Actual . Salary Pensions Insurance Rate Amount Total Fund:100 Department:4350 General Fund,Recreation: Director FT ' 1 0.250 29.381 15.278 R 1,960 F 1,050 0.89%' 136 18,424 Admin Assistant FT 0.100 16.89; 3.513 R 451 F 420 0.89% 31 4,415 Rink attendants PT 0.770 6.181 9,898 NA 757 NA 0 0.89%' 88 10,743 Summer: Playground Sup PT 0.170 8.761 • 3,098 NA 237 NA 0 0.89% 28 3,363 Program leader PT I 0.928 6.18! 11,929 NA 913 NA 0 0.89% 106 12.948 Middle school leader PT 0,275 7.211 4,124 NA 315 NA 0 0.89%1 37 4,476 Teen program leader PT 0.000 10.301 0 NA 0 NA 0 0.89%1 0 0 Rounding Total 47,840 4,633 1,470 1 426 54.369 Fund:100 Department:4360 General Fund,Parks: Director FT 0.250 29.38 0 15,278 R 1,960 F 1,050 0.89%1 136 18,424 Admin Assistant FT 0.000 16.89 0 0 R O F 0 0.89%I 0 0 Park worker FT 1.900 17.51 0 69,200 R 8,878 F 7,980 2.41%1 1,668 87,726 Park worker-OT OT 91.00 2.000 26.27 i 0 4,781 R 613 NA 0 2.41%1 115 5,509 On call pay 95.00 2.000 17.511 01 3,327 R 427 NA 0 2.41%1 80 3,834 Seasonals PT 1.110 6.95! 0: 16,046 NA 1,228 NA 0 2.41%! 387 17,661 Rounding i 1 Total I 108,6321 13,1061 9,030 2,386 133.154 Fund:100 Department:4367 General Fund,Athletic Field Maintenance: I Park worker FT 1 0.100 17.511 0! 3,642 R 467 F 420 2.41%1 88 4,617 Park worker-OT OT 16.16 2.000 26.271 0 849 R 109 NA 0 2.41% 20 978 Seasonals PT 0.370 6.951 01 5,349 NA 409 NA 0 2.41%! 129 5.887 Rounding I ! Total 1 19,840 9851 420 237 11,482 Fund:100 Department:4380 General Fund,Forestry: DirectorFT 1 0.030 29.38' 01 1,833 R 235 F 126 0.89%1 16 2,210 Rounding I Total 1 1,833 235 126 1 16 2,210 Fund:250 Department:XXXX Recreation Activities: Youth: i I 1 Director FT 0.110 29.38 01 6,722 R 862 F 462 0.89%1 60 8,106 Admin Assistant FT 0.250 16.891 0 8,783 R 1,127 F 1,050 0.89% 78 11,038 Adult: 1 I Director FT 0.060 29.381 01 3,667 R 470 F 252 0.89%1 33 4.422 Admin Assistant FT 0.200 16.89' 01 7,026 R 901 F 840 0.89%! 63 8.830 General: 1 I 1 Director FT 0.050 29.38, 01 3,056 R 392 F 210 0.89%I 27 3,685 Admin Assistant FT 0.050 16.89 01 1,757 R 225 F 210 0.89%I 16 2,208 Swimming: 1 Director FT 0.050 29.38. 0. 3,056 R 392 F 210 0.89% 27 3,685 Admin Assistant FT 0.100 16.89 0I 3,513 R 451 F 420 0.89%, 31 4,415 Rounding 1 l ' Total ' 37,5801 4,8201 3,654 I 335 46,389 Fund:252 Department:4360 Community Center Operations: Director FT 0.200 29.38 0 j 12,222 R 1,568 F 840 0.89%1 109 14,739 Admin Assistant • FT 0.300 16.89 01 10,539 R 1,352 F 1,260 0.89%1 94 13,245 Facility Coordinator FT 1.000 17.51 0 36,421 R 4,673 F 4,200 2.41% 878 46,172 Weekend supervisors PT 2.000 10.00 0 41,600 R 5,337 NA 0 2.41% 1,003 47,940 Banquet setup PT 0.330 7.50 0 5,148 NA 394 NA 0 2.41%I 124 5,666 Rounding Total 105,9301 13,3241 6,300 1 2,208 127,762 Total salaries 311,6551 37,1031 21,000 5,6081 375,366 Park&Rec Director Recreation 25%,Parks 25%,Forestry 3%,Recreation Activities 27%,Comm Ctr 20%. Admin Assistant Recreation 10%,Recreation Activities 60%,Comm Ctr 30%. Assumptions: Adjust to Actual Adjustment needed to maximum annual salary for position to equal actual annual wages to be paid for 1999. Actual Salary Maximum salary rate per hour X 2080 hours/year less adjust to 98 salary times Full Time Equivalent. FTE Full time equivalent-percentage of a full-time employee's time. Type of employee/work: Full time FT Part time PT Over time OT Pensions Regular R 12.83%Social security 6.20%+Medicare 1.45%+Retirement 5.18%. Others NA 7.65% Social security 6.20%+Medicare 1.45%. Cost of Insurance: Single S $200.00 Estimated average cost;actual range is from approximately$150 to$230 with two higher due to cost of life insurance due to age. Family F $350.00 Other Estimated 1999 salary increase 3.00% C t1 5- -C-'C"'''''5 ID His 1 Full Time Maximum Adjust to Actual Group Workers Comp Admin Position Code i Etc. 1 Equivalent Salary rate Actual . Salary Pensions Insurance Rate I Amount Fee Total Fund:100 Department:4350 General Fund,Recreation: 1 Support staff FT 1 0.300 10.001 6,240 RY 1,226 F 1,260 0.89%1 56 878 9,660 Rink attendants PT 0.770 6.18' 9,898 NA 757 NA 0 0.89%1 88 10,743 Summer: i Playground Sup PT 0.170 8.76! ! 3,098 NA 237 NA 0 0.89%1 28 3,363 Program leader PT 0.928 6.18 11.929 NA 913 NA 0 0.89%1 106 12,948 Middle school leader PT 0.275 7.211 4,124 NA 315 NA 0 0.89%1 37 4,476 Teen program leader PT 0.000 10.30! 0 NA 0 NA 0 0.89% 0 0 Rounding Total35,289 3.4481 1,260 315 878 41,190 Fund:100 Department:4360 General Futld,Parks: I Park worker FT 1 1.900 17.511 01 69,200 R 8,878 F 7,980 2.41% 1,668 87,726 Park worker-OT OT 191.00 2.000 26.27 0 4,781 R 613 NA 0 2.41% 115 5,509 On call pay 195.00 2.000 17.51 0 3,327 R 427 NA 0 2.41% 80 3,834 Seasonals PT 1 1.110 6.95 0 16,046 NA 1,228 NA 0 2.41% 387 17,661 Rounding 1 Total 1 93,354 11,1461 7,980 2,250 114.730 Fund:100 Department:4367 General Fund,Athletic Field Maintenance: Park worker FT 1 0.100 17.51 01 3,642 R 467 F 420 2.41% 88 4,617 Park worker-OT OT 116.16 2.000 26.27 01 849 R 109 NA 0 2.41% 20 978 Seasonals PT 0.370 6.950 5,349 NA 409 NA 0 2.41% 129 5,887 Rounding • Total 9,840 9851 420 : 237 11.482 Fund:100 Department:4380 General Fund,Forestry: Director FT ! 0.000 ! 0 0 R 0 F 0 0.89%! 0 0 Rounding 1 Total I0 0 0 , 0 0 Fund:250 Department:XXXX Recreation Activities: Executive Director FT 0.000 01I 0 R 0 F 0 0.89% 0 0 0 Support staff FT 0.700 10.00 0; 14,560 R 1,868 F 2,940 0.89% 130 1,950 21,448 Rounding TotalI ! 14.560 1,868 2,940 130 21,448 Fund:252 Department:4360 Community Center Operations: Executive Director FT 0.100 0.00' 0 0 R 0 NA 0 0.89% 0 0 0 Program Director FT 1.000 17.79 0 37,003 R 4,747 F 4,200 0.89% 329 4,628 50.907 Building supervisors PT 1.540 8.00 01 25,626 R 3,288 NA 0 2.41% 618 2,953 32,485 Additional(A) PT 1.000 8.00 0 16,640 R 2,135 NA 0 2.41% 401 1,918 21,094 Banquet setup PT 0.330 7.50 0 5,148 NA 394 NA 0 2.41% 124 5,666 Rounding Total 1 84,4171 10,5641 4,200 1,472 110,152 Total salaries 237,4601 28,011 1 16,800 1 4,4041 8781 299,002 Assumptions: Supervison of Parks,Athletic Fields,&Forestry would be shifted to another Dept Head with no adjustment in their salary. Adjust to Actual Adjustment needed to maximum annual salary for position to equal actual annual wages to be paid for 1999. Actual Salary Maximum salary rate per hour X 2080 hours/year less adjust to 98 salary times Full Time Equivalent. FTE Full time equivalent-percentage of a full-time employee's time. Type of employee/work: Full time FT Part time PT Over time OT Pensions Regular R 12.83% Social security 6.20%+Medicare 1.45%+Retirement 5.18%. Regular YMCA RY 19.65% Social security 6.20%+Medicare 1.45%+Retirement 12%. Others NA 7.65% Social security 6.20%+Medicare 1.45%. Admin Fee 10.00% Charge by YMCA to cover cost of administering employees,training,payroll,etc. Cost of Insurance: Single S $200.00 Estimated average cost;actual range is from approximately$150 to$230 with two higher due to cost of life insurance due to age. Family F $350.00 Other Estimated 1999 salary increase 3.00% Footnote: (A) Additional time not in YMCA proposal to bring staffing up to a similar level to City proposal. Yi'll 6 Sett-5 110 • Fund: 100 Department: 4350 General Fund.Recreation Proposed Account Description 1 Budget Detail Description 1 140 Supplies,office 3,215 : 2,465:Paper i I 455!Ink cartridges&stencil masters j 275!Computer cartridges 10 jFilm&developing 10!Time planners j 3.215 l 1600 !Supplies,operating 420 " 220!Employee identification apparal 200 First aid supplies 4201 3030 !Other professional services 500 500!Software maintenance contract 1 5001 3060 School coordinator ! 9,700 9,700'School coordinator fees. 9.700! 3300 !Postage 1,200 1,200!Distribution for 1/2 cost of 4 newsletters @$600 each delivery 1.2001 3420 !Advertising 300 150!Job openings for seasonal positions 1 i 150 LJob openings for ice rink attendants 3001 3430 1Printing 4.080 4,080 112 cost of 4 newsletters @$2,040 each j I 4.080 1 3610 !Memberships 400 250 INFRA 1 1501MRPA membership ! ! 4001 3630 !Training&conferences 2,000 300'Full time staff misc training ! 1,500 National conference 200!State conference 2.000 I 3800 !Mileage 200 200!Mileage for staff&playground supervisors when staff cars j 1 are not available. 2001 4800 !Bonding&insurance 2,450 2,450!Insurance&bonding cost. 1 2.4501 - 5110 !Repairs,equipment 490 490!Digital copier maintenance agreement 1 • • • ' 490, 7030 ;Capital,equipment r 4.500 2,000'Replace registation computer 2.500!Upgrade registration software for year 2000 compliance 4.5001 Fund: 252 Department: 4350 Community Center Operations Proposed I Account Description I Budget Detail [Description 1140 ;Supplies,office 1,000 1,000!Paper,receipts,computer ink cartridges,fax paper,etc. 1 1.000' 1210 !Supplies,bldgs&grounds • ! 2.000 2,000-IExterior. flowers,hoses,etc. • 'Interior:misc repairs 2.0001 1230 :Supplies,equipment 500 500!Signs,message boards,door stops,can crushers,waste baskets, 'and misc items 500' 1600 ;Supplies,operating 3,500 3,500;Soap,paper towels,cleaning supplies for bathrooms !Paper cups,plates.etc.for lounge&customer service events Ctf7 1.4..1.1 '/3 :Light bulbs,etc 3.500 2400 Uniforms&clothing 720 720;Stair shirts 20 @ S18,and volunteer shirts 20 r j s18. 1 I 7201 3030 !Other professional services 47,645 35,000 Custodial services 1 720!Rug service 5,000 IHVAC maintenance contract 1 925'Copier maintenance 1 4,000'Gym floor resurfacing&maintenance 2,000!Carpet cleaning-entry&ballroom twice a year 47.645! 3100 ;Telephone 4,512 4,512;Office&customer phones,maintenance agreements,and !long distance phone charges 4.512?' 3200 !Water&Wastewater ! 1,200 1,2001 Water&sewer charges for community center 1 1.200! 3210 'Electricity i 15.000 15,000 Estimated electrice charges 1 I 15.0001' 3220 'Natural gas 9.000 9,000!Estimated natural gas charges 9.000!' 3300 'Postage 200 200(Mise postage A 200 3420 ;Advertising 400 200;White&yellow pages,local ads,flyers&brochures,etc. I 200;Job openings 400 I 3430 ;Printing 1.000 1,000!Agreement forms,flyers,brochures,etc. I 1.0001 3530 Refuse collection 6.458 6,458,4Monthly charges for 2 dumpsters 1 6.458 3610 !Memberships 250 250 IMPRA membership in community center/facility mgmt section II 250! 3630 !Training&conferences i 200 200;Facility mgmt workshops,customer service,etc. 1 /001 4800 !Bonding&insurance 4.200 4,200;Insurance&bonding cost. ! 1 4.200' 5110 !Repairs,equipment 1,500 1,500!Unanticipated repairs to doors,windows,kitchen,HVAC,etc. 1.5001 7030 ;Capital,equipment i 8,814 6,814!Copier&fax machine 1 ! 2,000!Other miscellaneous 8.814 Fund: 252 Department: 4351 Community Center Banquet Operations Proposed Account! Description I Budget Detail !Description 1140 Supplies,office 200 200 Taper,receipts,computer ink cartridges,fax paper,etc. . 2001 3030 !Other professional services 15.000 I5,000!Banquet center manager($60,000 revenue estimate). - 15.000 3100 ,Telephone 120 120!Long distance phone charges I 120' • 3300 Postage 1,000 1,000 Mailing charges to facility users,permits,confirmations,etc. i 1.000: 3420 Advertising 4.200 2,200,Yellow pages • 2,000!Other advertising 4.200 3430 Printing 2,000 2,000,Agreement forms,tlyers,brochures,etc. 2.000 • • Cts 3/_3 YMCA Proposal General Fund.Recreation Proposed Account Description Budget Detail Description 1140 ;Supplies,office 0 :Provided by YMCA 01 1600 !Supplies,operating 0 1. Provided by YMCA 1 01 / 3060 !School coordinator 9.700 9,700!School coordinator fees. I I 9.700 I 3300 ;Postage 1.200 1,200!Distribution for 1/2 cost of 4 newsletters(c$600 each delivery } 1.2001 3420 ;Advertising 0 Provided by YMCA I 1 i 01 3430 (Printing 4.080 4,08011/2 cost of 4 newsletters @$2,040 each I 4.0801 • 3610 Memberships 0 i Provided by YMCA 0I 3630 !Training&conferences 0 .Provided by YMCA 1 , 01 3800 ;Mileage 0 ; i 0I 4800 Bonding&insurance 1,000 01Provided by YMCA 1,000!Additional coverage 1.0001 5110 ;Repairs,equipment --3,850 490!Digital copier maintenance agreement 1 3.3601Registration software support 3.850 r 7030 ;Capital,equipment 2,000 2,000!Replace registation computer 1 ' 2.000! YMCA Proposal Community Center Ooerations 1 ; Proposed i Account 1 Description ' Budget Detail 'Description 1140 !Supplies,office 0 Provided by YMCA 01 1210 ;Supplies.bldgs&grounds , 2.000 ., 2.000 Exterior. flowers,hoses,etc. :Interior.misc repairs 2.0001 1230 ;Supplies,equipment 5004 500!Signs,message boards,door stops,can crushers,waste baskets. 'and misc items ' 5001 1600 ;Supplies,operating 3.500 . 3.500!Soap,paper towels,cleaning supplies for bathrooms Paper cups,plates,etc.for lounge&customer service events Light bulbs,etc 3.5001 2400 Uniforms&clothing 0 Provided by YMCA 01 3030 Other professional services 47.645 35.000 Custodial services 720!Rug service . 5.000+HVAC maintenance contract 925!Copier maintenance 4.0001Gym floor resurfacing&maintenance • 2.000'Carpet cleaning-entry&ballroom twice a year 47.645 yott c k /4:I yZ 3100 Telephone • 4300 4,300;Office&customer phones,maintenance agreements,etc ;Long distance phone charges paid by YMCA 4.300 3200 Water& Wastewater 1,200 1.200!Water&sewer charges for community center i 1.2001 3210 ;Electricity 15,000 15.000'Estimated electrice charges 1 15.0001 3220 'Natural gas 9,000 9,000'Estimated natural gas charges 9.0001 3300 ;Postage 0 'Provided by YMCA • • I 0! 3420 'Advertising 0 Provided by YMCA 1 1 01 3430 Printing 0 'Provided by YMCA 01 3530 Refuse collection 1 6,458 6,458IMonthly charges for 2 dumpsters 6.4581 3610 'Memberships 0 'Provided by YMCA • 1 01 3630 !Training&conferences 0 Provided by YMCA 0 4800 !Bonding&insurance 3,000 !Liability insurance provided by YMCA 3.0001 Property insurance 3.0001 5110 !Repairs,equipment 1,500 1,5001 Unanticipated repairs to doors,windows,kitchen.HVAC,etc. 1 I 1.5001 7030 Capital,equipment 8,814 6.814 Copier&fax machine 2,000'Other miscellaneous 8.814! Fund: 252 Department: 4351 Community Center Banquet Operations Proposed i ; Account I Description • Budget Detail 1Description , 1140 ;Supplies,office 200 2001Paper,receipts,computer ink cartridges,fax paper.etc. ! 200 3030 ;Other professional services 15,000 15,000!Banquet center manager(560.000 revenue estimate). 15.000; 3100 !Telephone 120 120!Long distance phone charges 120! 3300 ;Postage 1,000 1,0001Mailing charges to facility users,permits,confirmations,etc. 1 1.000! 3420 ;Advertising 4.200 2.2001 Yellow pages 2,000'Other advertising 4.200' 3430 ,Printing 2,000 2,0001 Agreement forms,flyers,brochures,etc. 2.000 1 5/ j `