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CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, July 26, 2010
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your
full name and address for the minutes. Also, please limit your comments to three minutes.
6. SPECIAL ORDER OF BUSINESS
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing to Consider Resolution 7645, a Conditional Use Permit for
an Oversize Garage at 7515 Knollwood Drive
B. Second Reading and Adoption of Ordinance 846, an Ordinance Amending Section
512.08 of the City Code about the Suspension and Revocation of a
Cigarette/Tobacco License
C. Resolution 7646, Approving Step Increases for Vanessa Van Alstine (Cable
Television Coordinator), Michael Strand (Part Time Cable Television Technician),
Officer Greggory Neumann (MVPD), and a Longevity Increase for Officer Nicholas
Erickson (MVPD)
D. Resolution 7647, Approving the 2010 Mounds View Festival in the Park Agreement
E. Resolution 7648, Accepting Donations for Greenfield Park Baseball Field
Improvements and Approving Naming the Field in Memory of Mark W isser
F. Resolution 7649, Approving Purchase of Electronic Scoreboard and Contract for
Electrical Supply Construction for Baseball Field at Greenfield Park
G. Resolution 7650, Approving Contract for Batting Cage Construction at Greenfield
Park
H. Resolution 7651, Approving Contract with Pump and Meter Service, Inc. to Repair
the Fuel Pumping Station and Tank Monitor Unit at the Public Works Facility
I. Resolution 7652, Approving Contract with Cummins Power Company to Repair and
Service the Emergency Generator located at the Booster Station
J. Resolution 7653, Approving Purchase of a Pole Camera for Sewer Inspections
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for Monday, August 9, 2010 at 7:10pm to Consider the
Coventry Senior Living Development at 2320 & 2340 County Highway 10 & 5260
O’Connell
C. Set a Public Hearing for Monday, August 9, 2010 at 7:15pm to Consider an Appeal
for a Variance request from Eichi, Inc. for the Longview Estates property
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES - NONE
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Administration Quarterly Report
C. Reports of City Attorney
12. Next Council Work Session: Monday, August 2, 2010, at 7 p.m.
Next Council Meeting: Monday, August 9, 2010, at 7 p.m.
13. ADJOURNMENT
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, July 26, 2010
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your
full name and address for the minutes. Also, please limit your comments to three minutes.
6. SPECIAL ORDER OF BUSINESS
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing to Consider Resolution 7645, a Conditional Use Permit for
an Oversize Garage at 7515 Knollwood Drive
B. Second Reading and Adoption of Ordinance 846, an Ordinance Amending Section
512.08 of the City Code about the Suspension and Revocation of a
Cigarette/Tobacco License
C. Resolution 7646, Approving Step Increases for Vanessa Van Alstine (Cable
Television Coordinator), Michael Strand (Part Time Cable Television Technician),
Officer Greggory Neumann (MVPD), and a Longevity Increase for Officer Nicholas
Erickson (MVPD)
D. Resolution 7647, Approving the 2010 Mounds View Festival in the Park Agreement
E. Resolution 7648, Accepting Donations for Greenfield Park Baseball Field
Improvements and Approving Naming the Field in Memory of Mark Wisser
F. Resolution 7649, Approving Purchase of Electronic Scoreboard and Contract for
Electrical Supply Construction for Baseball Field at Greenfield Park
G. Resolution 7650, Approving Contract for Batting Cage Construction at Greenfield
Park
H. Resolution 7651, Approving Contract with Pump and Meter Service, Inc. to Repair
the Fuel Pumping Station and Tank Monitor Unit at the Public Works Facility
I. Resolution 7652, Approving Contract with Cummins Power Company to Repair and
Service the Emergency Generator located at the Booster Station
J. Resolution 7653, Approving Purchase of a Pole Camera for Sewer Inspections
July 26, 2010
City Council Agenda
Page 2
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for Monday, August 9, 2010 at 7:10pm to Consider the
Coventry Senior Living Development at 2320 & 2340 County Highway 10 & 5260
O’Connell
C. Set a Public Hearing for Monday, August 9, 2010 at 7:15pm to Consider an Appeal
for a Variance request from Eichi, Inc. for the Longview Estates property
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES - NONE
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Administration Quarterly Report
C. Reports of City Attorney
12. Next Council Work Session: Monday, August 2, 2010, at 7 p.m.
Next Council Meeting: Monday, August 9, 2010, at 7 p.m.
13. ADJOURNMENT
Item No: 7A
Meeting Date: July 26, 2010
Type of Business: Public Hearing
Administrator Review: ________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Resolution 7645, Consideration of a Conditional Use Permit for an
Oversized Garage at 7515 Knollwood Drive;
Planning Case CU2010-003
Introduction:
The applicant, Richard Wyatt, is requesting approval of a conditional use permit to construct an
oversized garage on his property at 7515 Knollwood Drive. The applicant wants to demolish his
current attached garage and construct a new larger attached garage. The current garage is a
single car size that is 14’ wide x 24’ deep (336 square feet). The applicant wants to build a new
double car wide 24’ x 60’ garage with an attached covered patio in the rear.
The site plan submitted shows a garage area in excess of what the City allows without a
conditional use permit. Accessory buildings, attached or detached, are limited to 952 square feet.
Anything larger than 952 square feet must go through a conditional use permit application process.
The garage proposed for 7515 Knollwood would be 1,440 square feet plus an 8’x16’ attached
covered patio. The applicant indicates that he wants to have a two-car garage so he can park his
vehicles indoors, and have the extra garage depth for a workshop.
CUP Requirements:
Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building, the
number of accessory buildings and the backyard coverage ratio of accessory buildings. A
Conditional Use Permit (CUP) is required for garages exceeding 952 square feet.
Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages
exceeding 952 square feet, which are that the garage be permanent, be uniform in appearance
with the home, not exceed 35 feet in width, and not exceed 1,800 square feet of total accessory
building area on the lot.
Section 1125.01, Subd. 1: The Planning Commission is required to review the possible adverse
effects of the requested conditional use.
CUP Discussion:
The request for a Conditional Use Permit to construct the 1,440 square foot garage satisfies the
requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View
Zoning Code. All dimensional requirements are satisfied with this request. With the new larger
garage, covered patio and one shed, the total accessory building square footage would be 1,784
and the backyard coverage ratio would be around 4%.
Wyatt CUP Report
July 26, 2010
Page 2
The Comprehensive Plan encourages the development and maintenance of residential areas to
improve the quality, appearance and attractiveness of housing units and residential property in
general. The Comprehensive Plan designates this property, 7515 Knollwood Drive, as low-
density residential.
CUP Considerations:
Chapter 1125 of the Zoning Code requires that the Planning Commission review and address
any potential adverse effects that include, but are not limited to, relationship with the
Comprehensive Plan, geographical area involved, potential depreciation, the character of the
surrounding area and the demonstrated need for such a use. Staff addresses each of these
potential adverse effects below.
Relationship with the Comprehensive Plan. As previously stated, the Comprehensive Plan
encourages the development and maintenance of residential areas to improve the quality,
appearance and attractiveness of housing units and residential property in general. In this case,
the owner wants to build an entirely new garage that should be a benefit to the neighborhood.
The Geographical Area Involved. The home is located on Knollwood Drive. Since the additional
space for the garage would be in the back, the building will still appear to be a regular two-car
size garage from the street. In this case, the proposed oversized garage would not be noticeable
or out of place in the neighborhood. This garage should not negatively affect any neighboring
properties.
Depreciation. The proposed garage would benefit the subject property both in a practical sense by
providing additional on site, indoor parking and storage, as well as in an economic sense, as the
construction would increase the “value” of the property. Increased property values are of course a
benefit to everyone.
The Character of the Surrounding Area. This portion of Knollwood Drive is entirely residential.
The homes in this area are a variety of styles and ages and most have around half-acre size lots.
The proposed garage would not be out of character in this area since the proposed garage would
be behind the house and the extra depth would not be seen from the street. This property is 228
feet deep, so the new garage should not affect any neighbors to the rear. The garage is on the
south side of the house, but would not be directly next to a neighboring house. The applicant’s
property is the last house on Knollwood, so the adjacent neighbors to the south are on Bronson
and their backyards abut 7515 Knollwood. The neighboring properties also have vegetation that
screens Mr. Wyatt’s property from their sight. The new garage width would be a two-car garage
instead of a single-car garage, but overall it would not change the current front look of the house.
The Demonstrated Need for Such a Use. The applicant is proposing a 24’x60’ garage that would
allow for parking two vehicles inside, a workshop and storage space for the applicant’s hobby.
The applicant would be removing the shed behind the garage with the construction of the new
garage.
Wyatt CUP Report
July 26, 2010
Page 3
Public Hearing:
As with any conditional use permit request, this request required a public hearing. City staff
mailed notices were to all property owners within 350 feet of the applicant’s property. Before
the Planning Commission meeting, staff received two phone calls from residents concerned
about the applicant running a motorcycle business and noise. Staff spoke to the applicant and
he does not run a business, nor does he intend to start one. The motorcycle restoration he
does is strictly a hobby, and he only has vintage motorcycles, which do not have the loud
exhaust pipes.
Planning Commission Action:
On July 7, 2010, the Planning Commission voted unanimously to recommend approval of this
conditional use permit. The Planning Commission also unanimously approved a variance to
allow the garage to have a two-foot side yard setback.
Recommendation:
City staff is recommending approval of the conditional use permit for the oversized garage as
requested.
1. Resolution 7645, approving the conditional use permit, is attached if the Council chooses
this action.
2. The City Council may choose to deny the conditional use permit. If the Council chooses this
option, Staff would need direction from the Council to draft a resolution of denial with
findings of fact appropriate to support the denial.
3. Table the request. If the Council needs additional information before they make a decision
or if they decide there is a need for more discussion, the Council can simply move to table
the request until such information has been provided. Because of 60-day requirements, the
Council would need to act upon the request as soon as reasonably possible to avoid an
inadvertent approval.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments:
1. Zoning Map
2. Aerial Views
3. Statement from Applicant
4. Photographic Documentation
5. Resolution 7645
Zoning Map
I
* Properties not indicated with a designation are zoned R-1, Single Family Residential
Aerial View
Aerial View
Approximate
placement of new
garage & patio
Statement from Applicant
Photographic Documentation
Front view of 7515 Knollwood
New garage would have same front
setback as old garage
Side yard where garage
would be expanded into
Backyard
Garage would come into the backyard to
about here (where the shrubs are – some
of which would be removed for the patio).
Shed behind garage would be removed.
RESOLUTION NO. 7645
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,440
SQUARE-FOOT GARAGE AT 7515 KNOLLWOOD DRIVE;
PLANNING CASE CU2010-003
WHEREAS, property owner Richard Wyatt has applied for a conditional use permit to
construct a 1,440 square foot garage; and,
WHEREAS, the subject property, located at 7515 Knollwood Drive, is zoned R-1,
Single Family Residential, and is legally described as follows:
South ½ of Lot 28, Spring Lake Park Knolls, Ramsey County, Minnesota
PIN 07-30-23-21-0043
WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of
952 square feet in area with a maximum accessory building area not to exceed 1,800 square
feet; and,
WHEREAS, the proposed garage would be 1,440 square feet, thus requiring City
approval of a conditional use permit; and,
WHEREAS, the City Council has reviewed the following documents regarding this
proposal:
a. Zoning Map
b. Aerial Views
c. Statement from Applicant
d. Photographic Documentation
e. Staff Report
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the
following findings of fact related to the conditional use permit request:
1. The proposed oversized 1,440 square foot garage satisfies the dimensional
requirements as outlined in Chapters 1104 and 1106 the Zoning Code.
2. The request is consistent with the Mounds View Comprehensive Plan in that the
Comprehensive Plan encourages the development and maintenance of residential
areas to improve the quality, appearance and attractiveness of housing units and
residential property in general. 3. The proposed garage would not be out of place given the design of the garage and the character and geography of the surrounding area involved.
Resolution 7645
Page 2
4. The proposed garage would not depreciate the neighborhood.
5. The applicant has sufficiently demonstrated that a need exists for the proposed
oversized garage.
NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council
approves the conditional use permit for the 1,440 square foot garage, with conditions as
follows:
1. The garage shall not be used for commercial purposes, living space or other uses
not allowed within the R-1 Single-Family Residential district or by the Zoning Code.
Should the use change for which the permit was granted; the conditional use permit
shall be considered null and void.
2. The new garage shall be designed and maintained to provide a uniform appearance
with the existing house.
3. The Conditional Use Permit (CUP) shall become null and void if the work for which
the CUP was granted is not completed within one year from the date of approval
unless a petition for extension of time in which to complete the work has been granted
by the City Council.
Adopted this 26th day of July, 2010.
_____________________________________
James Ericson, City Administrator
ATTEST:
_____________________________________
Joe Flaherty, Mayor
(SEAL)
Item No: 07B
Meeting Date: July 26, 2010
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Second Reading and Adoption of Ordinance 846, an
Ordinance Amending Section 512.08 of the City Code in
Regard to Suspension and Revocation of a
Cigarette/Tobacco License
Background
The Ramsey County Tobacco Coalition reviewed City Codes in a number of cities in
Ramsey County to include the Mounds View Code. The Ramsey County Tobacco Coalition
reviewed our Code pertaining to Suspension/Revocation of the Cigarette/Tobacco Business
License. According to §512.08 of the Mounds View City Code:
512.08: SUSPENSION OR REVOCATION: In addition to any other
penalty imposed under Section 512.07, any license issued under this
Section may be suspended or revoked by the City Council for a violation of
any provision of this Chapter if the licensee has been given a reasonable
notice and an opportunity to be heard. A second violation within twelve
(12) months shall result in a suspension of not less than three (3) days. A
third violation within a twenty four (24) month's time frame shall result in a
suspension of ten (10) days. A fourth violation within a twenty four (24)
month time frame shall result in revocation of license for ninety (90) days,
and will required a mandatory hearing in front of the Mounds View City
Council.
Discussion:
The Ramsey County Tobacco Coalition strongly recommends that the City uses the
word "consecutive" in their days requirements for a suspension of the license. It
eliminates confusion and clarifies what the state law and the City Code intends to do.
The proposed revision is as follows (revision is highlighted in blue):
Item 07B
Second Reading of Ordinance 846
July 26, 2010
Page 2
:
512.08: SUSPENSION OR REVOCATION: In addition to any other
penalty imposed under Section 512.07, any license issued under this
Section may be suspended or revoked by the City Council for a violation of
any provision of this Chapter if the licensee has been given a reasonable
notice and an opportunity to be heard. A second violation within twelve
(12) months shall result in a suspension of not less than three (3)
consecutive days. A third violation within a twenty four (24) month's time
frame shall result in a suspension of ten (10) consecutive days. A fourth
violation within a twenty four (24) month time frame shall result in
revocation of license for ninety (90) consecutive days, and will require a
mandatory hearing in front of the Mounds View City Council.
In Staff’s professional opinion, the recommended language would only further clarify the
suspension process, and would not change the intent. Attached is Ordinance 846,
which revises §512.08 of the Mounds View City Code by adding the word “consecutive.”
The City Council approved the first reading on July 12, 2010.
Recommendation:
Staff recommends approval of the second reading and adoption of Ordinance 846.
Respectfully submitted,
__________________________
Desaree Crane
Assistant City Administrator
ORDINANCE NO. 846
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING SECTION 512.08, OF THE
MOUNDS VIEW CITY CODE REGARDING SUSPENSION OR REVOCATION
OF A TOBACCO AND CIGARETTE LICENSE
SECTION 1. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 512.08 of the Mounds View Municipal Code by adding the underlined material
and deleting the stricken material as follows:
512.08: SUSPENSION OR REVOCATION: In addition to any other
penalty imposed under Section 512.07, any license issued under this
Section may be suspended or revoked by the City Council for a violation of
any provision of this Chapter if the licensee has been given a reasonable
notice and an opportunity to be heard. A second violation within twelve
(12) months shall result in a suspension of not less than three (3)
consecutive days. A third violation within a twenty four (24) month's time
frame shall result in a suspension of ten (10) consecutive days. A fourth
violation within a twenty four (24) month time frame shall result in
revocation of license for ninety (90) consecutive days, and will require a
mandatory hearing in front of the Mounds View City Council.
SECTION 2. This ordinance shall take effect and be in force 30 days from and after its
passage and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on July 12, 2010.
Second Reading and Adoption by the Mounds View City Council on July 26, 2010.
Publication Date: August 5, 2010.
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson, City Administrator
(seal)
Item No: 07C
Meeting Date: July 26, 2010
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 7646, Approving Step Increases for Vanessa
Van Alstine (Cable Television Coordinator), Michael Strand
(Part Time Cable Television Technician), Officer Greggory
Neumann (MVPD), and a Longevity Increase for Officer
Nicholas Erickson (MVPD)
Background:
Cable Television Coordinator Vanessa Van Alstine is a current employee with the City of
Mounds View. Her supervisor, Desaree Crane, has reviewed his performance as it relates
to his responsibilities outlined in the job description.
Part Time Cable Television Technician Michael Strand is a current employee with the City
of Mounds View. His supervisor, Vanessa Van Alstine, has reviewed his performance as it
relates to his responsibilities outlined in the job description.
Police Officer Greggory Neumann is a current employee with the Mounds View Police
Department. His supervisor, Sergeant Menard has reviewed his performance as it relates
to his responsibilities outlined in the job description.
Police Officer Nicholas Erikson is a current employee with the Mounds View Police
Department. His Supervisor, Interim Chief Kinney, has reviewed his performance as it
relates to his responsibilities outlined in the job description.
Discussion:
It was determined that Vanessa Van Alstine has satisfactory performed in the capacity of
her position, and therefore a step increase wage adjustment is consistent with the
AFSCME Labor Agreement.
It was determined that Michael Strand has satisfactory performed in the capacity of his
position, and therefore, a step increase wage adjustment is consistent with the Personnel
Manual.
It was determined that Officer Greggory Neumann has satisfactory performed in the
capacity of his position, and therefore, a step wage adjustment is consistent with the LELS
Police Officers Labor Agreement.
Item 07C
Monday, July 26, 2010
Page 2
It was determined that Officer Nicholas Erickson has satisfactory performed in the capacity
of his position, and therefore, a longevity wage adjustment is consistent with the LELS
Police Officers Labor Agreement.
Recommendation:
Staff recommends approval of Resolution 7646, approving the listed step and longevity
increases.
Respectfully Submitted,
__________________________
Desaree Crane
Assistant City Administrator
RESOLUTION 7646
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING STEP/LONGEVITY ADJUSTMENTS
WHEREAS, the following below are regular full-time employees who are currently working for
the City of Mounds View; and
WHEREAS, their supervisors reviewed their performance as it relates to the responsibilities
outlined in the job description; and
WHEREAS, their supervisors determined that the following employees below have
satisfactorily performed in the capacity of their positions documented in their performance review on
file; and
WHEREAS, wage adjustments are consistent with the Mounds View Personnel Manual and
Labor Agreements.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby
approve a wage adjustment to the following indicated in the chart.
NAME CURRENT
POSITION
DATE OF
EMPLOYMENT/
CURRENT POSITION
CURRENT
STEP &
WAGE
STEP & WAGE
ADJUSTMENT
EFFECTIVE
DATE OF
ADJUSTMENT
Vanessa
Van Alstine
Cable Television
Coordinator (FT)
August 29, 2007 Step 4:
$25.07/hr
Step 5:
$26.39/hr
August 29, 2010
Michael
Strand
Cable Television
Technician (PT)
July 30, 2008 Step 4:
$15.88/hr
Step 5: $16.72/hr July 30, 2010
Greggory
Neumann
MVPD Officer February 1, 2010 Step 1:
$20.20/hr
Step 2: $22.29/hr August 1, 2010
Nickolas
Erickson
MVPD Officer -
Investigator
August 21, 2006 Step 5:
$33.49/hr
Longevity (4
years): $34.49/hr
August 21, 2010
Adopted this 26th day of July, 2010.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(seal)
FESTIVAL IN THE PARK AGREEMENT
THIS AGREEMENT is entered into this ____th day of July, 2010, by and
between the City of Mounds View, a municipal corporation under the laws of
Minnesota (the “City”) and Festival in the Park of Mounds View, a Minnesota non-profit
corporation (the “Corporation”).
WHEREAS, the City is owner of City Hall, City Hall Park, and Community
Center (collectively the “Park”) located within the City; and
WHEREAS, the Corporation desires to sponsor and coordinate an annual
community event entitled, “Mounds View Festival in the Park” (the “Festival”), to be
held on August 21, 2010; and
WHEREAS, pursuant to Minnesota Statutes, Sections 47115.191 and other
law, the City has the authority to operate a program of public recreation and enter into
agreements with the Corporation pertaining to the conduct thereof; and
WHEREAS, the City desires that the Corporation sponsor and coordinate the
Festival; and
WHEREAS, the City is willing to support the Festival, as set forth in this
Agreement; and
WHEREAS, the Corporation is willing to undertake the Festival sponsorship and
support of the City in accordance with the terms and conditions of this Agreement.
NOW THEREFORE, the parties agree as follows:
1. Scope of Festival. The Corporation will sponsor and coordinate all
aspects of the Festival.
2. Time and Performance. This Agreement will begin as of August 20,
2010, and will terminate as of August 22, 2010 (the “Termination Date”).
3. City Contribution. The City will provide the assistance of City staff to
assist the Corporation as set forth on Exhibit A, which is incorporated herein by
reference. Then up to $4,500.00 City contribution shall be reduced by the amount of
the personnel costs paid by the City for the Festival as set forth in Exhibit A. The city
will provide the assistance of City equipment to assist the Corporation as set forth on
Exhibit B, which is incorporated herein by reference. The city will allow use of the Park
upon the Corporation requesting and obtaining the appropriate permits from the City
for the Park. The City agrees to waive the permit fee for the Park. The City will pay up
to the above-referenced amount, minus the appropriate reductions, to the Corporation
after the City’s payroll period following the Festival.
If the Agreement should be terminated for any reason prior to the Termination
Date, the Corporation will be compensated on a pro rata basis for the period of time
that this Agreement was in effect. The Corporation shall pay any and all taxes due to
federal, state, and local governments, and the City shall not withhold any amounts
therefore. In addition, the Corporation shall be responsible for any necessary workers
compensation and unemployment insurance required for the individuals performing
services hereunder, and the City shall have no obligation whatsoever in this regard.
4. Independent Contractor. The Corporation and neither it nor any of its
volunteers, employees or agents performing services hereunder shall be an employee
of the City. The Corporation is an independent contractor and it shall retain control
over the manner and means of the work set forth above. The Corporation
understands and acknowledges that the City shall not provide any benefits of any type
in connection with this Agreement, including but not limited to health or medical
insurance, workers compensation insurance, or unemployment insurance. The
Corporation shall in no case have the power to bind or obligate the City in any way to
any third-party.
5. Insurance.
a. The Corporation shall provide comprehensive general liability
insurance for bodily injury and property damage with a combined single limit of
$1,000,000 per occurrence. Such comprehensive general liability insurance
shall include, but not be limited to, coverage for mechanically-operated
amusement devices, alcohol sales, and fireworks displays. The policies of
insurance shall name the City of Mounds View as an additional insured.
b. The Corporation shall provide evidence of automobile and mobile
equipment insurance coverage for all motorized vehicles used in connection
with work under this Agreement with a combined single limit for bodily injury
and property damage of not less than $1,000,000 per occurrence.
c. The Corporation shall provide Workers’ Compensation coverage
in the statutory amount required for all individuals performing services under
this contract such as contractors’ employees, subcontractors, independent
contractors, etc.
d. The Corporation shall provide Employer’s Liability insurance
coverage (Part B. of the Workers’ Compensation Policy) in the amount of
$100,000 bodily injury each accident, bodily injury by disease $500,000 policy
limit, $100,000 bodily injury by disease each employee.
e. A Certificate of Insurance showing coverage as indicated above
with a carrier that is acceptable to the City of Mounds View as well as a copy of
all policies of insurance shall be submitted to the City Administrator at least 30
days prior to the Festival. The City reserves the right to reject the carrier if it is
not an A+ carrier licensed to do business in the State of Minnesota.
f. Nothing herein shall be construed as a waiver of any immunity or
limitation on liability to which the City is entitled under law.
6. Termination. If either party fails to perform its obligations under this
Agreement, the other party may terminate this Agreement by giving written notice of
the intention to terminate to the other party at least thirty (30) days prior to such
termination, provided, however, that if Corporation’s failure to perform its obligations
hereunder creates or constitutes, in the sole judgment of the City, a threat to the public
health, safety, or welfare, the City may immediately terminate this Agreement.
7. General Terms and Conditions.
a. The Corporation will provide all equipment used by the
Corporation, except the City equipment as set forth in Exhibit B, which is
incorporated herein by reference.
b. The Corporation will control its own schedule of work hours as
necessary to sponsor and coordinate the Festival.
c. Any and all reports, and other work products, whether completed
or not, that are prepared or developed by the Corporation as a part of this
Agreement shall be jointly owned by the City and the Corporation and shall be
made available to the City promptly at the City’s request or at the termination of
this Agreement. The Corporation shall provide annual financial reports
including all revenues and expenditures related to the Festival for the present
year within thirty days of the date of the Festival, and the City will retain these
records for three (3) years.
d. Any titles of the several parts of the Agreement are inserted for
convenience of reference only and shall be disregarded in construing or
interpreting any of its provisions.
e. A notice, demand, or other communication under this Agreement
by either party to the other shall be sufficiently given or delivered if it is
dispatched by registered or certified mail, postage prepaid, return receipt
requested, or delivered personally to the following addresses:
City: 2401 Highway 10
Mounds View, MN 55112
ATTN: Clerk-Administrator
Corporation: 2085 Hillview Rd Apt. 1
Mounds View, MN 55112-1314
ATTN: Theresa Cermak, President
or at such other address with respect to either such party as that party may,
from time to time, designate in writing and forward to the other as provided in
this Section.
f. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
g. This Agreement is made and shall be governed in all respects 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 the parties to this Agreement waive any objection to the
jurisdiction of these courts, whether based on convenience or otherwise.
h. If any provision or application of this Agreement is held unlawful or
unenforceable in any respect, such illegality or unenforceability shall not affect
other provisions or applications that can be given effect, and this Agreement
shall be construed as if the unlawful or unenforceable provision or application
had never been contained herein or prescribed hereby.
i. This Agreement, together with its Exhibits, which are incorporated
by reference, constitutes the complete and exclusive statement of all mutual
understandings between the parties with respect to this Agreement,
superseding all prior or contemporaneous proposals, communications, and
understandings, whether oral or written, concerning this Agreement. This
Agreement may not be amended nor any of its terms modified except by written
authorization and executed by both parties hereto.
8. The Corporation shall protect, indemnify, defend, and hold harmless the
City and its governing body members, officers, agents, servants, and against and from
any claim, demand, suit, action, or other proceeding whatsoever by any person or
entity whatsoever arising or purportedly arising from this Agreement or the activities
undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination
of this Agreement.
9. The Corporation will provide the City with a comprehensive accounting
and detailing of the expenditure of funds contributed by the City to the Festival and the
Corporation.
IN WITNESS THEREOF, the parties have caused this Agreement to be
executed as of the date first above.
CITY OF MOUNDS VIEW
By:
Its: Mayor
By:
Its: City Administrator
FESTIVAL IN THE PARK OF MOUNDS VIEW
By:
Its:
By:
Its:
EXHIBIT A
CITY STAFF ASSISTANCE ESTIMATE
1. Maintenance workers:
2 workers X 20 hrs @ approx. $32/hr $_________
3 seasonal workers (if needed) X 12 hrs @ approx. $13.hr $_________
2. Police:
2 officers X 8 hrs @ approx. $55/hr $ ________
Total: $________
EXHIBIT B
CITY EQUIPMENT
1. Public Works Equipment:
Large box 1 ton truck
Small box 1 ton truck
1 Large dump truck
2 -Pick up trucks
Tandem trailer
Front-end loader
City generator
Post pounder
2 Utility trucks
2 Golf carts or equivalent
Hoses
Extension cords
Water shut off keys
Barricades
2. Fire Dept:
Fire truck
Item No: 07D
Meeting Date: July 26, 2010
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 7647, Approving the 2010 Mounds View Festival
in the Park Agreement
Background:
For 2010, the City has budgeted $4,500 (Budget Account Number: 100-4110-3900) in
support of the Festival in the Park, to pay for City personnel and equipment expenses. The
Mounds View Festival in the Park is scheduled for Saturday, August 21, 2010.
Discussion:
Last year, the City Council passed Resolution 7469, which authorized additional
contributions from the City to the Festival to assist in payment of professional bands, port-
a-potties, Irondale Marching Band, Car and Tractor Show, and Parade and Children
Entertainment. This year the Festival Committee is not requesting any additional
contributions from the City.
The 2010 Festival in the Park Agreement was reviewed by the Festival Committee, and
approved the agreement for execution at this City Council Meeting.
Recommendation:
Attached for your approval is the 2010 Festival in the Park Agreement. Staff recommends
approval of Resolution 7647, authorizing the execution of the agreement with the Festival
in the Park of Mounds View for the August 21, 2010, Festival in the Park event.
Respectfully Submitted,
__________________________
Desaree Crane
Assistant City Administrator
RESOLUTION 7647
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE EXECUTION OF THE AGREEMENT WITH THE
FESTIVAL IN THE PARK OF MOUNDS VIEW FOR THE
2010 FESTIVAL IN THE PARK
WHEREAS, The City of Mounds View desires to co-sponsor an annual community
event entitled “Mounds View Festival in the Park” to be held on August 21, 2010; and
WHEREAS, the 2010 Festival Agreement, attached as Exhibit A, has been reviewed
by the City Council and have been reviewed and approved for execution by the Festival in
the Park of Mounds View Committee, the non-profit organization in charge of the Festival;
and
WHEREAS, the City is currently budgeted to contribute $4,500 to the Festival in the
Park of Mounds View Committee to pay for City personnel and equipment expenses.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does
hereby approve the attached Festival Agreement as set forth in Exhibit A and authorizes its
execution by the Mayor and City Administrator.
Adopted this 26th day of July, 2010.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(seal)
Item No: 08A
Meeting Date: July 26, 2010
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Community Development Technician
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Revised as of July 26, 2010 at 1pm
Please consider the following contractor licenses for approval. All contractor licenses will expire
on December 31, 2010. All applicants have submitted appropriate fees and proof of insurance.
Those companies that are “new” include applicants that have never been licensed with the City or
they may have been licensed with the City in the past, but were not licensed in 2009. Those that
are “renewals”, at a minimum, were licensed in 2009. The type of license they are applying for
follows the company name.
Atlantis Pools Swimming Pool Installation New
Hendricks Mechanical LLC HVAC New
Metro Heating & Cooling HVAC New
Opus Design Build, LLC General (Commercial) Renewal
Stockness Construction, Inc. General (Commercial) New
Recommendation: Approve license applications as requested.
370980 SJR MU125-11
Kennedy 470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
&
Graven (612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
C H A R T E R E D
SCOTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriggs@kennedy-graven.com
MEMORANDUM
Date: July 22 , 2010
To: Jim Ericson, City Clerk-Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters.
Draft tattoo ordinance. Draft updated data practices policy. Matter is presently
pending.
MU210-106: General Labor Matters. Review and consult with City staff regarding mediation
of labor contract, labor negotiations, etc. Matter is presently pending.
MU210-162: Roberts Sport Bar. Review and consult with city staff regarding liquor license
issue. Attend City Council meeting. Matter is presently pending.
MU210-182: Silver Lake Road and County Road H. Review and consult with city staff
regarding easement execution issues. Matter is presently pending.
MU210-189: Coventry Senior Living Project. Review plat and other documents. Draft plat
opinion. Consult with City staff. Matter is presently pending.
MU210-190: 2010 LELS Arbitration. Consult with City staff regarding arbitration matter.
Review and respond to data practices request. Matter is presently pending.
MU210-192: Senior Housing Revenue Bonds, Series 2010 (Select Senior Living). Work on
project financing aspects. Matter is presently pending.
SJR:jms