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Home My WebLink AboutAgenda Packets - 2009/11/23CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, November 23, 2009 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. 7:05 pm Public Hearing, Resolution 7530, Approving the 2010 Mounds View Fee Schedule B. Resolution 7527, Approving a Joint Powers Agreement with the City of Spring Lake Park Concerning the Operation and Management of Lakeside Lions Park C. Resolution 7528, Approving a Step Increase for Officer Kirsten Lafean of the Mounds View Police Department D. Resolution 7526, Approving the 2010 SCORE Recycling Grant Request to Ramsey County E. First Reading of Ordinance 839, an Ordinance Amending Section 7.05 of the Mounds View City Charter Relating to the Five-year Financial Plan F. Resolution 7531, Approving the Revised YMCA Agreement 8. CONSENT AGENDA A. Schedule a Public Hearing for Monday, December 14, 2009, at 7:05 p.m., for a Second Reading on Ordinance 839, an Ordinance Amending Section 7.05 of the Mounds View City Charter Pertaining to the Five-Year Financial Plan B. Resolution 7529, Appointing an Alternate City Representative, Finance Director Mark Beer, to the North Suburban Communications Commission (NSCC) 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - None 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. EDA to consider calling bonds C. Reports of City Attorney 12. Truth in Taxation Meeting: Monday, December 7, 2009, at 6:00 p.m. Next Council Work Session: Monday, December 7, 2009, at 7:00 p.m. Next Council Meeting: Monday, December 14, 2009, at 7:00 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, November 23, 2009 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. 7:05 pm Public Hearing, Resolution 7530, Approving the 2010 Mounds View Fee Schedule B. Resolution 7527, Approving a Joint Powers Agreement with the City of Spring Lake Park Concerning the Operation and Management of Lakeside Lions Park C. Resolution 7528, Approving a Step Increase for Officer Kirsten Lafean of the Mounds View Police Department D. Resolution 7526, Approving the 2010 SCORE Recycling Grant Request to Ramsey County E. First Reading of Ordinance 839, an Ordinance Amending Section 7.05 of the Mounds View City Charter Relating to the Five-year Financial Plan F. Resolution 7531, Approving the Revised YMCA Agreement 8. CONSENT AGENDA A. Schedule a Public Hearing for Monday, December 14, 2009, at 7:05 p.m., for a Second Reading on Ordinance 839, an Ordinance Amending Section 7.05 of the Mounds View City Charter Pertaining to the Five-Year Financial Plan B. Resolution 7529, Appointing an Alternate City Representative, Finance Director Mark Beer, to the North Suburban Communications Commission (NSCC) 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - None Mounds View City Council Meeting Monday, November 23, 2009 Page 2 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. EDA to consider calling bonds C. Reports of City Attorney 12. Truth in Taxation Meeting: Monday, December 7, 2009, at 6:00 p.m. Next Council Work Session: Monday, December 7, 2009, at 7:00 p.m. Next Council Meeting: Monday, December 14, 2009, at 7:00 p.m. Last updated: _ October 26, 2009 1 I. .................. Building/Community Dev. Related Fees P. 4 a. ........................................................................... Valuation Table P. 4-5 b. ................................................................................ Surcharges P. 6 c. .................... General Construction, Home, Building Permits, Misc. P. 7-10 Accessory Building/Shed .......................................................................................... Addition ..................................................................................................................... Basement.................................................................................................................. Basic Floor Area ....................................................................................................... Deck .......................................................................................................................... Door/Window Installation ......................................................................................... Driveways, Sidewalks, Parking Lots and Patios ...................................................... Electrical Work ......................................................................................................... Elevators ................................................................................................................... Excavating, Grading, Filling ...................................................................................... Fences ...................................................................................................................... Fire Alarm System .................................................................................................... Garages .................................................................................................................... Garbage/Recycling Enclosure .................................................................................. HVAC ........................................................................................................................ Mobile Homes ........................................................................................................... Moving Buildings ...................................................................................................... Pipe Fitting ................................................................................................................ Plumbing Work ......................................................................................................... Porch ........................................................................................................................ Raising, Shoring ....................................................................................................... Refrigeration Work ................................................................................................... Remodeling .............................................................................................................. Reshingling ............................................................................................................... Re-siding/Stucco ...................................................................................................... Satellite Dishes ......................................................................................................... Signs/Billboards ........................................................................................................ Sprinkling System ..................................................................................................... Sprinkler Plan Check Fee ......................................................................................... Stucco ....................................................................................................................... Swimming Pools ....................................................................................................... Tank (fuel, gas) Installation/Removal ....................................................................... Tent, Temporary ....................................................................................................... Telecommunication Antenna Building Permit Fee ................................................... Windows ................................................................................................................... Wrecking ................................................................................................................... 2 d. ......................................... Other Inspections/Planning Fees P. 10-13 ..................................................................................................... Building Inspections ................................................................................................. Code Appeal ............................................................................................................. Comprehensive Plan Amendment ........................................................................... Conditional Use Permit ............................................................................................. Contractor Licenses ................................................................................................. Development/Site Plan Review ................................................................................ Housing Inspection Fees .......................................................................................... Multiple Dwelling Registration/Transfer .................................................................... Plan Review Fee ...................................................................................................... Planned Unit Development/Amendment .................................................................. Reinspection Fees .................................................................................................... Rezoning ................................................................................................................... Street or Easement Vacation ................................................................................... Subdivisions ............................................................................................................. Variance .................................................................................................................... W etland Alteration Permit ........................................................................................ Wetland Buffer Permit .............................................................................................. II. ........ Miscellaneous (copies, maps, agendas, etc.) P. 13-14 Apartment/Multiple Dwelling List .............................................................................. Blue Prints/Maps ...................................................................................................... Council/Planning Commission Meeting Packets ..................................................... Dog License List ....................................................................................................... Filing Fee for Public Office ....................................................................................... Insufficient Fund Checks (NSF) ............................................................................... Mailed Agendas ........................................................................................................ Mailed Minutes.......................................................................................................... Mounds View Business List ...................................................................................... Municipal Code ......................................................................................................... Notary Public ............................................................................................................ Outdoor Sign Usage ................................................................................................. Pending Assessment Search ................................................................................... Photocopies .............................................................................................................. Picnic Kits ................................................................................................................. Police/Accident Report ............................................................................................. Resident List ............................................................................................................. Sales Tax .................................................................................................................. Special Assessment Search .................................................................................... Tree Removal ........................................................................................................... Video Tape Copies ................................................................................................... Zoning Code: Photocopy/CD Rom ........................................................................... III…….……………. Police/ Administrative Offenses P. 15-17 ....................................................................................... 3 IV. .................................................................... Licenses P. 17-20 Amusement Centers/ Devises/Rides, Carnivals, Circuses ...................................... Automobile Sales ...................................................................................................... Bowling Alley ............................................................................................................ Boxing and Wrestling Permit .................................................................................... Cigarette and Tobacco ............................................................................................. Dog Licenses ............................................................................................................ Fireworks .................................................................................................................. Garbage and Rubbish Hauler License ..................................................................... Gasoline Station License .......................................................................................... Kennel License ......................................................................................................... Liquor Licenses/Investigation Fee ............................................................................ Peddlers/Transient Merchant License/Investigation Fee ......................................... Recuperation of Half Way House ............................................................................. Restaurant License .................................................................................................. Therapeutic Massage/Investigation ......................................................................... V.Community Center and Parks FeesPark, Recreation, and MVCC Facility Rental Fees ................................ P. 21-25 Mounds View Community Center………………………………………………………. City Parks ................................................................................................................. Banquet and Conference Center Rental .................................................................. Gymnasium Rental ................................................................................................... Athletic Field Rental .................................................................................................. Park Building and Picnic Shelter Rental .................................................................. VI.Water, Sewer and Street FeesPublic Works Related Fees P. 26-29 Late Payment ............................................................................................................ Load Limits Fee ........................................................................................................ MIU/MXU .................................................................................................................. Meter Testing ............................................................................................................ Park Dedication Fee ................................................................................................. Row Permit Fees ...................................................................................................... Sewer Availability Charge (SAC) .............................................................................. Sewer Charge ........................................................................................................... Sewer Connection/Repair Permit ............................................................................. Service Restoration .................................................................................................. Shut-of and Curb Stop .............................................................................................. Street Light Utility ...................................................................................................... Street Opening Permit .............................................................................................. Storm Water Management (SWM) ........................................................................... Surface Water Management .................................................................................... Tapping ..................................................................................................................... Unit Charge............................................................................................................... Water Charge ........................................................................................................... Water Connection/Repair Permit ............................................................................. Water Disconnect/Reconnect in Spring ................................................................... Water Hydrant Deposit ............................................................................................. Water Meter .............................................................................................................. Water Quality Testing ............................................................................................... Utility Bill Assessment Search……………………………………………………………………. Call Out Rate Schedule ............................................................................................ Right-of Way Management Fees ............................................................................. Municipal W ater System Fees ................................................................................. 4 Municipal Sanitary Sewer System Fees ................................................................... Surface Water Management Utility Fees ................................................................. Street Lighting Utility Fees ........................................................................................ Construction Site and land Disturbance Fees ......................................................... Other Management Public Works Fees ................................................................... 5 I. BUILDING/COMMUNITY DEVELOPMENT RELATED FEES A. VALUATION TABLE The following Valuation Table shall be used to determine fees for those permits indicated below and in all cases where the work is of such a nature that the permit fees cannot be determined from the schedule established below for such work. The minimum fee for all permits shall be $23.50 unless otherwise specified. $1 to $500 $23.50 for the first $500 $501 to $2,000 $23.50 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000 $2,001 to $25,000 $69.25 for the first $2,000 plus $14 for each additional $1,000 or fraction thereof, to an including $50,000 $25,001 to $50,000 $391.25 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof to an including $50,000 $50,001 to $100,000 $643.75 for the first $50,000 plus $7 for each additional $1,000 or fraction thereof, to and including $100,000 $101,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 or fraction thereof. $1,000,001 and up $5608.75 for the first $1,000,000 plus $3.15 for each additional $1,000 or fraction thereof. 6 Specific Valuations Accessory Buildings: Garages & Sheds Attached Garage $28.63 per sq. ft. Detached Garages & Sheds, > 120 sq. ft. (w/ concrete floor) $15.75 per sq. ft. Detached Garages & Sheds, > 120 sq. ft. (w/ wood floor) $10.02 per sq. ft. Carport $14.32 per sq. ft. Residential Additions First Floor and basic floor area $83.51 per sq. ft. Second Floor $64.71 per sq. ft. Shell Only $47.51 per sq. ft. Addition (mobile home) $26.48 per sq. ft. Basement Unfinished $16.44 per sq. ft. Rough-In Finish $21.40 per sq. ft. Finished $27.81 per sq. ft. General Remodel $22.33per sq. ft. Deck Residential $9.92 per sq. ft. Porch Screen only $29.17 per sq. ft. Three-Season (wood frame/windows/doors Not Heated) $52.83 per sq. ft. Swimming Pools (See Chapter 1009) Above ground -Permanent (over 52” in depth) $10.61 per sq. ft. Below ground $31.82 per sq. ft. 7 B. SURCHARGES Building Surcharge: Where the fee for the permit is based upon valuation, the surcharge is as follows: 1. Building Surcharge (For valuation-based permits, the surcharge is as follows) Valuation of Work Surcharge Computation $1,000,000 or less .0005 x valuation $1,000,000 to $2,000,000 $500 + .0004 x (Value - $1,000,000) $2,000,000 to $3,000,000 $900 + .0003 x (Value - $2,000,000) $3,000,000 to $4,000,000 $1,200 + .0002 x (Value - $3,000,000) $4,000,000 to $5,000,000 $1,400 + .0001 x (Value - $4,000,000) Greater than $5,000,000 $1,500 + .00005 x (Value - $5,000,000) For fixed-fee permits, the surcharge shall be $.50 per permit (or .0005 of the permit fee if fee exceeds $1,000). 2. Heating & Plumbing Surcharge Residential $.50 per permit (or .0005 of the permit fee if fee exceeds $1,000). Commercial Use the above table 8 C. GENERAL CONSTRUCTION, HOME, MISCELLANEOUS BUILDING PERMITS. (Note: Surcharges Not Included in All Figures Listed below -- See Surcharge Section in Chapter 1006 for More Information) Accessory Buildings Use valuation table Residential Additions Use valuation table Residential Remodels Use valuation table Deck 30” and under, or not attached to dwelling $25$30 (no surcharge) Demolition and Wrecking $20$25 plus $3.00 per 1,000 cubic feet or fraction thereof over 2,000 cubic feet plus $.50 surcharge Door or Window Installation Change Opening $40 for first windows/door plus $12.50 for each additional window/door (plus $.50 surcharge) Use Existing Rough opening $25$30 for first window/door plus $2.50 $5.00for each additional window/door (plus $.50 surcharge) Egress Basement Window $50 for first window $25 for each additional window (plus $.50 surcharge) Driveways, Sidewalks, Parking Lots, Patios; New Installation or Overlay (No Surcharge) Residential R-1 or R-2 Overlay or Seal Coating with no expansion, no permit needed. R-4 or R-4 Overlay or Seal Coating Concrete/Asphalt/Brick: $20$30 for first 500 square feet plus $2 for each additional 100 square feet or fraction thereof (no surcharge) Gravel*: $20 (no surcharge) * See zoning code for gravel limitations. $20 $25 for first 500 square feet plus $2 for each additional 500 square feet. Commercial Use valuation table Electrical Work -- Same as established in the Minnesota State Board of Electricians, March 1, 1972 Edition of Laws and Regulations Licensing Electricians and Inspections of Electrical Installations as Amended. Elevators Use valuation table Fences Six feet and below $25 $30per installation (no surcharge) 9 Above six feet $35 per installation (plus .50 surcharge) 10 Fire Permits Fire Alarm Systems Fireworks Sales Temporary Tent Tank Installation (fuel, oil, gas, etc.) Tank Removal (fuel, oil, gas, etc.) $100 $350 (business selling only fireworks) $100 (business selling fireworks & other retail) $50 $100 per tank (no surcharge) $50 per tank (no surcharge) Fireplaces Wood burning Stove (Building Permit) $30 plus .50 surcharge Gas Fireplace (Mechanical Permit) $30 plus .50 surcharge HVAC (Plus Surcharge) Commercial HVAC 1.5% of contract price plus surcharge at .0005 times contract price Residential: Air Conditioning $35 per unit Furnaces $40 per unit – New $30 - Replacement Air Exchanger $30 per unit Sheet Metal / Duct Work $30 Ventilation Systems $15 for the first fan plus $15 for each additional Gas fireplace $30 (includes incidental piping) Gas, oil piping $30 per unit Corn/Wood Burning Stove $30 per unit Steam, hot water heating $40 per unit Irrigation Systems (landscaping) $30 (plus .50 surcharge) Mobile Homes (See Chapter 1110) Installation $50 per installation (plus $.50 surcharge) Mechanical (Gas hook up) $25 (plus $.50 surcharge) 11 Moving Buildings (See Chapter 1007) Principal Structure $175 per building (plus $.50 surcharge) Accessory Structure (larger than 400sq. ft.) $50 per building (plus $.50 surcharge) Accessory Structure (400sq. ft. or less) $25 Plumbing Work - (Chapter 1004) Residential - Plumbing fixture, devices, Connections Residential - Fixture Replacement (same opening) or Repair Commercial (4 units and up) $22 plus $8 per fixture (plus $.50 surcharge) $15 or 5% of value whichever is greater up to $30 (plus $.50 surcharge) 1.5% of contract price plus surcharge at .0005 times contract price Porch Use valuation table Raising, shoring Use valuation table Re-shingling Residential (Re-shingling permit not required for buildings under 120 square feet) $25 for this first 500 square feet plus $4 for each additional 100 square feet or fraction thereof (plus .50 surcharge) Commercial Use Valuation Table Re-siding / Stucco Residential (Re-shingling permit not required for buildings under 120 square feet) Soffit/Fascia only (fee not required if included with siding permit) $25 for the first 500 square feet plus $4 for each additional 100 square feet or fraction thereof (plus .50 surcharge) Soffit/Fascia: $30 per installation (plus .50 surcharge) Commercial Use Valuation Table Retaining Wall Four feet and below Above four feet $25 (no surcharge) $35 (plus .50 surcharge) 12 Re-siding / Stucco Commercial Use Valuation Table Satellite Dishes (See Chapter 1103.18) • (no permit required for mini dish systems) $25 per installation (plus $.50 surcharge) Sheds (120 square feet and less) $ 25 (no surcharge) Signs (Zoning Permit, no surcharge) , Billboards (Building Permit, surcharge) (See Chapter 1008) Signs up to 100 sq ft. $50 for the first 24 square feet plus $5.00 for each additional 25 square feet or fraction thereof up to 100 square Signs 100 sq. ft. and over $75 for the first 100 square feet plus $10 for each additional 100 square feet or fraction thereof Signs re-facing or altering $30 per installation Temporary Signs $30 per 21 day period (Limit 3 permits per year) Billboards $250 per billboard (plus $.50 surcharge) Sprinkling Systems (Fire Suppression) Sprinkler; Residential $40 plus $4.50 for each ten sprinkler heads or fraction thereof over the ten heads, plus $.50 Sprinkler; Commercial 1.5% of the contract price plus surcharge at .0005 times the contract price Sprinkler Plan Check Fee 65% of permit fee (for new construction or 20 heads or more only) Swimming Pools Above ground -Permanent Use Valuation Table Temporary (52” high or less) $25 (plus .50 surcharge) Telecommunication Antenna (Building Permit Fee, see also Chapter 1124) $750 plus $.50 surcharge per system installation. For installations on-city property, fee is 7% of yearly rent to city (plus .50 surcharge) $50 each for swapping antennas Temporary Office (Mobile home) $50 ($10 annual renewal) Windows See Door/Window Installation Wood burning Stove $30 (plus $.50 surcharge) 13 D. OTHER INSPECTIONS / PLANNING FEES Applicants are responsible for all costs incurred associated with the filing, review and processing of development applications. Such fees are to be paid in escrow up front or upon receipt of statement from the City of Mounds View. Fees may include but are not limited to costs for consultants retained by the City, consultant planning services, attorney, and engineer fees. A deposit may also be required to cover costs of public notices, materials and staff 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 30 days after consideration of the application is completed. Payment of park dedication fees is required with subdivision applications. Application fees are not refundable. Building Inspections Inspections conducted outside of normal business hours $47/hr. (Minimum charge two hours) Inspections for which no fee is specifically indicated $47/hr. (Minimum charge - one half hour) Reinspection Fees $47/hr. Change of Address $150 Comprehensive Plan Amendment $500 Conditional Use Permit (CUP) R-1 to R-2 $150 All other Districts $375 CUP Amendment Same as CUP Fee Contractor Licenses (See Chapter 1001) $50 per Year State License Contractors License Verification Fee $5 per permit (See building procedures) Development/Site Plan Review $375 Housing Inspection Fees (See Chapter 1012) Initial and Follow up Inspection No charge Each Additional Inspection $47/inspection (approved by Resolution 7330) Housing Conversion Fee $200 ($100, if owner completes Absentee Landlord Class or an equivalent) Interim Use Permit (IUP) $375 14 IUP Amendment $375 15 Investigation Fee Equivalent to permit fee (when work commences without an approved permit) Park Dedication Fee (See Ord 745) Up to 10% of fair market land value Plan Review Fee * Refund Policy: No plan review fee may be refunded after review has been completed. Plan Review Fee, “Similar” 65 percent of permit fee for all commercial permits and for residential permits for new dwellings, dwelling additions, garages, garage additions, decks, sheds over 216 square feet, and major remodeling. Additional Plan Review Fee required by changes, additions or revisions to plans $47/ hr. (Minimum charge one half hour) Plan review for outside consultants for plan checking and inspections, or both. Actual costs including administrative and overhead costs. Where all units are the same or similar, each unit after first shall be 25% of original fee. Planned Unit Development (PUD) (See Chapter 1120) $750 PUD Amendment $375 Refund Policy All but $40 of the permit fee can be refunded within 100 days of application if work has not commenced. Rezoning $500 Street or Easement Vacation $250 Subdivisions Minor Subdivision $275 Major Subdivision $500 Text Amendment, Zoning Code $250 Text Amendment, Other City Code $150 Variance R-1, R-2 (Administrative) $75 (additional $100 if formal variance is required) R-1 and R-2 (Formal) $150 All Other Districts $375 16 II. MISCELLANEOUS FEES (Copies, Agendas, Maps, Minutes, etc.) Annual Financial Report $25 Adopted Annual Budget $25 Apartment/Multiple Dwelling List $5 Blue Prints / Maps, Up to 11 x 17 Colored map $5 Blue Prints / Maps, Up to 24 x 36 Blue line $5 Colored map $10 Capital Improvement Plan $25 Certified Copies $5 plus photocopy fee of .25 per page Dog License List $.25 per page Filing Fee for Public Office See Mounds View City Charter Insufficient Funds (NSF) checks (returned or NSF checks) $30 Long Term Financial Plan $25 Mailed Agendas City Council $60/year Planning Commission $54/year Wetland Buffer Permit R-1 and R-2 $25 All Other Districts $100 Wetland Alteration Permit R-1 and R-2 $150 All Other Districts $300 $350 Zoning Letter $25 17 Special Meeting $25/year Work Session $45/year Mailed Minutes City Council $150/year Planning Commission $144/year Mailed Meeting Packets City Council $250/year Planning Commission $175/year Work Session $200/year Mounds View Business List $.25 per page Municipal Code $200 Notary Public $1 plus any photocopy charges Outdoor Sign Usage (City Hall) $25 (2 week maximum) Photocopies $.25 per sheet Black/White (8 ½” x 11”): .25 per printed side Black/White (11” x 17”): .50 per printed side Black/White (24”x 36”): $2.00 per printed side Color (8 ½” x 11”): $1.00 per printed side Color (11” x 17”): $2.50 per printed side Color (24”x 36”): $10.00 per printed side Sales Tax 6.5%, maps, copies Sign Code Chapter $5 Pending Assessments Search $10 Tree Removal See City Forester Video Tape/ DVD Copies $15 Zoning Code Photocopy $50 Zoning Code CD Rom $15 18 III. POLICE/ADMINISTRATIVE OFFENSES Crime Free Multi Housing Participant No charge Driver License Record (Out of state) $6 Fingerprint Cards $15 for first card/$5 for each additional card Police/Accident Reports .25 for each page Police Reports Research $50/hr for research, .25 per page Certified Copy of Report $5 for certification and .25 per page Color Printed Copy $2.00/page 35mm Standard Photos $1.00/print Cassette or Video tape $25.00 Electronic copies to Digital Media $15.00 per disc Impound Vehicle Storage Fee $15.00 per day ADMINISTRATIVE OFFENSES 30’ Stop Sign $15 Alcohol in public $50 Animals $25 Bldg. And Fire Code $100 Blocking Driveways $100 Expired Plates/Registration $25 Fire hydrant $25 Fire Lane $25 Fireworks $100 Garbage Dumping $100 Handicap Zone $200 House Numbers $25 19 Junk Vehicles $50 Junk & Debris $50 Keys in Ignition $20 Loads limits $100 $150 Loitering $25 Other Illegal Parking $15 Park Ordinance $25 Plate/Tab missing $20 Regulated Business Activity (Title 500) $100 Seat Belts $25 Signs (Chapter 1008) $100 Snowbirds $25 Snowmobiles $25 Speed, Stop Sign, Semaphore or unsafe lane use violations $40 Loud Parties/Noise Mufflers, Stereos and other Violations of State and City Noise Codes $50 Property Based Violations 1st Offense $150 2nd Offense within 12 months $300 3rd Offense within 12 months $450 Administrative Hearing $50 Tobacco Penalties, Sale to Minors: Administrative Penalties for Businesses 1st Offense $150 2nd Offense within 24 months $400 3rd Offense within 24 months $500 20 Tobacco Penalties, Sale to Minors: Administrative Penalties for Individuals 1st Offense: $100 Subsequent Offenses $50 per offense Trespass $25 Truck parking $25 Watering Ban Violations 1st violation Written Warning 2nd violation $25.00 3rd violation $50.00 4th violation $100.00 5th violation $200.00 6th violation Turned over to the City Attorney for criminal prosecution of theft Wetlands (Chapter 1010) $100 Zoning (Title 1100) $100 21 IV. LICENSES (All licenses subject to a 10% late fee where applicable.) Amusement Devices and Centers (Chapter 506) $15 per location plus $15 per machine Automobile Sales (Chapter 510) $200.00/year Amusement Rides, Carnivals, Circuses (Chapter 506) $130 for first day plus $20 for each additional day Bowling Alleys (Chapter 507) $20/alley/year Boxing and Wrestling Processing Fee Regulated by the State of Minnesota Cigarette and Tobacco License Fee (Chapter 512) $200.00$225.00/year Dog Licenses (decreased by 50% after one year) Spayed or neutered $7/2 years Unsprayed or Unneutered $13/2 years Duplicate tags $2 Garbage and Rubbish Hauler (Chapter 603) $78 plus $21 per vehicle/year Gasoline Stations (Chapter 509) $6370 plus $112 per pump Kennel (Chapter 701) Residential $31/year Commercial $5260/year 22 Liquor Licenses (Chapter 502, 503) On-Sale without Cabaret $.65 per square foot for that space which is used primarily as bar area and $.53 per square foot for that space which is issued primarily as dining area with a minimum fee of $3,000 and a maximum fee of $10,000 On-Sale with Cabaret $.65 per square foot for that space which is used primarily as bar area and $.53 per square foot for that space which is issued primarily as dining area with a minimum fee of $3,000 and a maximum fee of $10,000 (Resolution No. 4629) Temporary Liquor License Fee $35/event; $10 Investigation Fee if applicant does not hold license within Mounds View State Liquor Certificate $20/year On-Sale Wine $800/year Off-Sale Intoxicating $200/year Bottle Club $330/year On-Sale Malt Liquor/3.2 Beer $1,000/year Off-Sale Malt Liquor/3.2 Beer $100/year Set Ups $330/year Club $330/year Investigation Fee: Wine/General All Liquor Licenses Single Person $300/$350 Partnership $365/$385 Corporation $400/$450 23 Rental License (Chapter 1012) License fee discounts: • Certification Level C • Certification Level B • Certification Level A $60 base fee plus $8 per unit (multi- family)20% fee reduction 33% fee reduction 50% fee reduction Multiple Dwelling License Transfer $25$30 Pawn Shops (Chapter 516) Non-Refundable Application Fee (includes cost of investigation) $500 New Manager Investigation Fee $150 Annual License $10,000 Billable Transaction Fee $1.50 per transaction Performance Bond $10,000 Peddlers / Transient Merchants / Solicitors (Chapter 504) Permits $60/day $200/month $500/year Investigation fee $10 investigation fee for new peddler I.D. Card $5.00/person Recuperation or Half Way House (Chapter 511) Less than 10 beds $33/year 10-49 beds $55/year 50-99 beds $82/year Over 100 beds $110/year Restaurants -- Class A (occupancy load greater than 100) (Chapter 505) Operating 16 hours/day or less $275 Operating more than16 hours/day $550 24 Restaurants -- Class B (occupancy load of 100 or less) Operation 16 hours/day or less $165/year Operating more than 16 hours/day $330/year Tattoo and Body Piercing License /Investigation Fee (Chapter 515) Enterprise License License Fee $250 Investigation Fee $100 Specialist License License Fee $100 Investigation Fee $100 Temporary License $100 Therapeutic Massage License Fee/Investigation (Chapter 514) Enterprise License $250 Therapist License $100 Individual Investigation Fee $100 Partnership / Corporation Investigation Fee $350 25 V. PARK, RECREATION, AND MVCC FACILITY RENTAL FEES Classification Schedule for Rental Fee RatesClassifications for Rental Fee Rates: Class I: School District 621, Mounds View Scouts, Lions and 4-H, Mounds View Area Athletic Associations (w/10% roster MV residents) Class II: Mounds View Residents, Mounds View Religious Groups (w/Mounds View Address), Local Political Groups and Mounds View Non-Profits (w/Mounds View Address) Class III: Mounds View City Employees, Non-local School Districts, Non-local Non-profit Groups. Class IV: All For-Profit Groups, Non-local Religious Groups, Non-resident individuals/private agencies, businesses/vendors, and Colleges and Universities. **The City Clerk/Administrator may waive the rental fees for charitable events held for the benefit of Mounds View residents upon receiving a written request outlining the nature of such event.** BANQUET AND CONFERENCE CENTER RENTALS Event Center 1/6 (Seats 50) *Class I excludes set up services in Event Center or additional set- up in multi-purpose rooms and gymnasium. Class I 2009 2010 1 hour: Exempt* 4 hour block over 1 hour: $ $15.50 $16.00 35.00 Hourly over 1 or 4 hours: $ $10.25 $11.00 Class II Hourly: $20.50 $21.00 4 hour block: $72.00 $74.00 Class III Hourly: $27.00 $28.00 4 hour block $91.00 $94.00 Class IV Hourly: $38.00 $39.00 4 hour block $128.00 $132.00 Event Center 1/3 (Seats 100) *Class I excludes set up services in Event Center or additional set-up in multi-purpose rooms and gymnasium. Class I 2009 2010 1 hour: Exempt* 4 hour block over 1 hour: $25.75 $27.00 60.00 Hourly over 1 or 4 hours: $15.50 $16.00 20.00 Class II Hourly: $31.00 $32.00 4 hour block $103.00 $106.00 Class III Hourly: $43.00 $45.00 4 hour block $139.00 $144.00 Class IV Hourly: $64.00 $66.00 4 hour block $214.00 $221.00 26 Full Event Center (Seats 400) *Class I excludes set up services in Event Center or additional set- up in multi-purpose rooms and gymnasium. Class I 2009 2010 1 hour: Exempt* 4 hour block over 1 hour: $77.25 $80.00 105.00 Hourly over 1 or 4 hours: $25.75 $27.00 35.00 Class II Hourly: $82.50 $85.00 4 hour block: $268.00 $276.00 Class III Hourly: $118.00 $122.00 4 hour block: $385.00 $397.00 Class IV Hourly: $150.00 $155.00 4 hour block: $460.00 $492.00 Kitchen (To be used by Licensed Caterer Only) *Class I excludes set up services in Event Center or additional set- up in multi-purpose rooms and gymnasium. Class I 2009 2010 1 hour: Exempt* 4 hour block over 1 hour: $25.75 $27.00 40.00 Hourly over 1 or 4 hours: $15.50 $16.00 Class II Hourly: $31.00 $32.00 4 hour block $103.00 $106.00 Class III Hourly: $43.00 $44.00 4 hour block $139.00 $143.00 Class IV Hourly: $64.00 $66.00 4 hour block $214.00 $221.00 Multi-Purpose Rooms A and B (Seating up to 10-20 ) For multi-purpose rooms and gymnasium rentals, if the MVCC is not otherwise open, the permit holder will be charged an additional $15/hour for a staff fee. Class I 2009 2010 1 hour: Exempt* 4 hour block over 1 hour: $15.50 $16.00 35.00 Hourly over 1 or 4 hours: $10.25 $11.00 Class II Hourly: $20.50 $21.00 4 hour block $72.00 $74.00 Class III Hourly: $27.00 $28.00 4 hour block $91.00 $94.00 Class IV Hourly: $38.00 $39.00 4 hour block $128.00 $132.00 27 Multi-Purpose Room C and Youth Room (Seating up to 30-40) For multi-purpose rooms and gymnasium rentals, if the MVCC is not otherwise open, the permit holder will be charged an additional $15/hour for a staff fee. Class I 2009 2010 Hourly Rate (2 hr min.): $36.00 $37.00 4 Hour block: $123.00 $127.00 Class II Hourly Rate (2 hr min.): $46.50 $48.00 4 Hour block: $154.50 $159.00 Class III Hourly Rate (2 hr min.): $54.00 $56.00 4 Hour block: $182.00 $188.00 Class IV Hourly Rate (2 hr min.): $64.00 $66.00 4 Hour block: $214.00 $220.00 Other Charges Overhead Projectors: $10/day TV & VCR: $15/day Microphone (single): $15/day Microphone (multiple): $45 40/day Screen: $35/day LCD Projector & Screen $20 / hour, $75 / day $100/day $25/hour Lobby $125 / day Bar $20 Lattice $50 Cooler $50 / day Coffee Pot and Carafes $10 Table Linens $3 each Napkins $.15 each Playland $25 / hour, $100 / day Gymnasium Rental Full Gym (Up to 4 hours – hourly rate) Full Gym (Hourly Rate Exceeding 4 Hours) Half Gym (Up to 4 Hours – hourly rate) Class I: $35 Class II: $40 Class III: $45 Class IV: $60 Class I: $70 Class II: $80 Class III: $90 Class IV: $120 Class I: $25 Class II: $30 Class III: $35 Class IV: $50 28 Half Gym (Hourly Rate Exceeding 4 hours) Class I: $50 Class II: $60 Class III: $70 Class IV: $120 29 Mounds View Athletic Fields Fees Based Upon an Individual Event/Game/Practice. Reservations for Classes II, III, IV will begin on March 1st. Field Reservations may be limited depending upon the number of teams and fields available. The MV YMCA & Parks Maintenance Staff will set a seasonal field use policy to determine field available, appropriate age groups, dates, and times available and fields available. For purposes of the fees below, a time block is considered 55 minutes. Tournaments Baseball & Softball Fields (Youth Only) Hillview Groveland Oakwood Greenfield City Hall Softball Fields (Adults or Youth) City Hall Silverview Soccer Fields (Youth Only) Silverview Groveland Oakwood Lighting Fee for Softball Fields $100 per Field per Day (If Field Maintenance is required during tournaments, an additional $30 per hour with a two-hour minimum will be charged. Class I: 1 time block free per/wk $5 per add’l time block Class II: $5 per time block Class III: $10 per time block Class IV: Not applicable Class I: 1 time block free per/wk $5 per add’l time block Class II: $5 per time block Class III: $15 per time block Class IV: $30 per time block Class I: 1 time block free per/wk $5 per add’l time block Class II: $5 per time block Class III: $10 per time block Class IV: Not Applicable Class I: $20 per time block Class II: $30 per time block Class III: $40 per time block Class IV: $40 per time block 30 Park Building Rentals – Random, Groveland, Hillview, and Lambert Parks (see Page 21 for Classifications) $100 Refundable Damage Deposit Required $50 Service Fee will be Charged to Groups of 50 or more Class I 4 hours: $15 Full day: $30 Class II 4 hours: $30 $35 Full day: $60$70 Class III 4 hours: $45$50 Full day: $90$100 Class IV 4 hours: $60$70 Full day: $120$140 Picnic Shelter Rentals – Silver View and City Hall Parks (see Page 21 for Classifications) $100 Refundable Damage Deposit Required $50 Service Fee will be Charged to Groups of 50 or more Class I 4 hours: $30$35 Full Day: $60$70 Class II 4 hours: $45$50 Full day: $90$100 Class III 4 hours: $60$70 Full day: $120$140 Class IV 4 hours: $75$100 Full day: $150$200 31 VI. PUBLIC WORKS RELATED FEES CALL-OUT RATE SCHEDULE (used for all hourly-based fees in this chapter) Normal Business Hours for Call-out Rates 7:00 a.m. to 3:00 p.m., Monday thru Friday After-Hours for Call-out Rates 3:00 p.m. to 7:00 a.m., Monday thru Thursday Weekend and Holiday Hours for Call-outs 3:00 p.m. Friday to 7:00 a.m. Monday + Holidays Standard Call-out Rate: Specified time conducted entirely within normal business hours $30 per hour specified After-Hours Call-out Rate: Specified time conducted entirely within or partially during after-hours $60 per hour specified Weekend/Holiday Call-out Rate: Specified time conducted during weekend and holiday hours $90 per hour specified RIGHT-OF-WAY MANAGEMENT FEES (Chapter 910) Registration Fee (Annually) $25 Excavation Permit Fees:* Hole Fee Trench Fees (requires Hole Fee) Trenchless Fees (req. Hole Fee) $125 per hole excavated $50 per 100 lineal feet of trenching beyond hole $25 per 100 lineal feet of utility installed using trenchless methods (HDD, etc.) Obstruction Permit Fees:* Obstruction Base Fee Lineal Obstruction Fee (requires Obstruction Base Fee) $50 per obstruction $7 per 100 lineal feet obstructed (in-line w/ traffic) per each week of obstruction Permit Extension Fee $25$20 Delay Penalty $10 per day Restoration Cost Security: Determined on a permit-by-permit basis by the PW Director Hole Excavation Trench Excavation Trenchless Excavation Minimum security amounts: $1,000 per hole excavated $1,000 per 100 lineal feet of trenching beyond hole $500 per 100 lineal feet of utility installed using trenchless methods (HDD, etc.) *Additional fees may be required for legal and consulting engineering costs incurred by the City 32 MUNICIPAL WATER SYSTEM FEES (Chapter 906) Water Availability Charge (WAC): Residential $500 per unit Commercial/Industrial $1,000 per acre of developable land ($1,000 minimum charge) Water Rates and Surcharges: Water Usage Rate – Residential 0 to 15,000 gallons per quarter 15,001 to 30,000 gallons per quarter Over 30,000 gallons per quarter $1.60 per 1,000 gallons water sold $1.60 per 1,000 gallons $1.76 per 1,000 gallons $2.02 per 1,000 gallons Water Usage Rate – Commercial 0 to 150,000 gallons per quarter 150,001 to 750,000 gal. per quarter 750,001 to 1,250,000 gal. per quarter Over 1,250,000 gallons per quarter $1.60 per 1,000 gallons water sold $1.60 per 1,000 gallons $1.76 per 1,000 gallons $1.94 per 1,000 gallons $2.23 per 1,000 gallons Water Quality Testing Charge $1.59 per connection quarterly Water Service Line Repair Charge $4.50 per connection quarterly Meter Read Program Penalty (Failure to participate or grant access for installation or repair) $75 per connection quarterly Utility Bill Late Payment Fee 10% of delinquent bill amount Utility Bill Assessment Search $10 Water Connection/Repair Permit Fees:* Service size of less than 4-inches $30 (no surcharge) Service size of 4-inches or greater $50 (no surcharge) Inspection Fees No charge if during normal business hours, otherwise 1 hour at Call-out Rate per visit Re-inspection Fees 1 hour at Call-out Rate per visit *Right-of-Way Permit needed if excavation occurs in public Rights-of-Way 33 Water Hydrant Usage/Deposit Fees: Water Hydrant User Deposit $1,000 Water Consumption from Hydrant Current Rate per 1,000 gallons 2 to 3-inch Water Meter Deposit $500 5/8" Water Meter Deposit $100 Hydrant Wrench Deposit $100 Hydrant Hose Deposit $100 per hose Adapters $100 deposit Miscellaneous Fees and Material Costs: Water Service Shut-off/Turn-on Fee $251 hour at Call-out Rate Water Meter Testing Fee $50 (fee waived if meter is faulty) Water Meter City cost plus sales tax MXU Radio Remote Reading Device City cost plus sales tax Shut-Off and Curb Stop City cost plus sales tax and 10% for handling MUNICIPAL SANITARY SEWER SYSTEM FEES (Chapter 907) Sewer Availability Charge (SAC) per Metropolitan Council Environmental Services Sewer Rates and Surcharges: Sewer Usage Rate $1.75 $1.79 per 1,000 gallons water sold Sewer Service Charge - Residential $22.00 $22.44 per Residential Equivalent Unit (REU) Connection Quarterly Sewer Service Charge – Commercial, Industrial, Public Bldgs., & Churches $54.06 $55.14 per REU Connection Quarterly Sewer Connection/Repair Permit Fees:* Service Conn./Repair Permit Fee $30 (no surcharge) Unit Charge – New Connection $100 per connection Inspection Fees No charge if during normal business hours, otherwise 1 hour at Call-out Rate per visit Re-inspection Fees 1 hour at Call-out Rate per visit *Right-of-Way Permit needed if excavation occurs in public Rights-of-Way 34 SURFACE WATER MANAGEMENT UTILITY FEES (Chapter 908) Surface Water Management Utility Charges - New Construction: R-1 $212 per lot R-2 $1,038 per acre R-3, R-4, R-0 $1,500 per acre B-1, B-2, B-3, B-4 $1,500 per acre I-1, PUD $2,096 per acre Surface Water Management Utility Fee Rates: R-1, R-2 Single & Two Family Residential $9.00 $10.00 per unit quarterly R-3 Medium Density Residential $49.20 $54.67 per acre quarterly R-4, R-5, R0 High Density Residential Mobile Homes and Residential Office $58.36 $64.84 per acre quarterly B-1, B-2, B-3, B-4 Neighborhood Business, Limited Business, Highway Business, Regional Business $76.44 $84.93 per acre quarterly I-1 Industrial $59.67 $66.30 per acre quarterly PUD Planned Unit Development $67.67 $75.19 per acre quarterly CRP Conservancy, Recreation and Presentation $8.32 $9.24 quarterly School/Church, Public, Private $27.47 $30.52 quarterly STREET LIGHTING UTILITY FEES (Chapter 904) Residential (includes single family homes, duplexes, four-plexes, condominium and town homes) $3.25 per unit quarterly Commercial/Industrial $16.25 per acre quarterly Institutional/Charitable $16.25 per acre quarterly Apartments $14.37 per acre quarterly 35 CONSTRUCTION SITE AND LAND DISTURBANCE FEES (Ord. 804/Chapter 1303) Land Disturbance Permit Fees:* 50 cubic yards or less…………………….......$29 51 to 100 cubic yards………………….………$44 101 to 1000 cubic yards……………….………$44 for the first 100 cubic yards, plus $21.00 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yards……………….…$226 for the first 1000 cubic yards, plus $18.00 for each additional 1000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards………..........$377 for the first 10,000 cubic yards, plus $78.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more……….…..….$1,064 for the first 100,000 cubic yards, plus $44.00 for each additional 100,000 cubic yards or fraction thereof. *Additional fees may be required for legal and consulting engineering costs incurred by the City OTHER MISCELLANEOUS PUBLIC WORKS FEES Overweight/Oversize Permit Fees $25/entry/truck$50 daily per vehicle $75 weekly per vehicle $300 seasonally per vehicle $500 annually per vehicle Call-out Charge for Contractor Negligence (lack of maintenance, traffic signs, etc.) Actual time at Call-out Rates Street Sweeping Charges Actual time at Call-out Rates + $100 per hour Tree Removal/Trimming Contact City Forester Water Tower Communications Fees: Registration Fee (Annually) No charge Water Tower Access Fee No charge if during normal business hours, otherwise 1 hour at Call-out Rate per visit Plan Review and Inspection Fees Actual City, legal, and consulting engineering costs ($2,000 minimum) Proposed 2010 Fee Schedule Park & Rec, MVCC Facility Charges Event Center 1/6 (Seats 50) *Class I excludes set up services in Event Center or additional set-up in multi-purpose rooms and gymnasium. Class I 2009 2010 2011 Hourly: $10.25 $11.00 $11.50 4 hour block: $15.50 $35.00 $36.00 Class II Hourly: $20.50 $21.00 $22.00 4 hour block: $72.00 $74.00 $77.00 Class III Hourly: $27.00 $28.00 $29.00 4 hour block $91.00 $94.00 $98.00 Class IV Hourly: $38.00 $39.00 $40.00 4 hour block $128.00 $132.00 $138.00 Event Center 1/3 (Seats 100) *Class I excludes set up services in Event Center or additional set-up in multi-purpose rooms and gymnasium. Class I 2009 2010 2011 1 hour: $15.50 $ 20.00 $21.00 4 hour: $25.75 $ 60.00 $63.00 Class II Hourly: $31.00 $ 32.00 $33.00 4 hour block $103.00 $106.00 $111.00 Class III Hourly: $43.00 $ 45.00 $47.00 4 hour block $139.00 $144.00 $150.00 Class IV Hourly: $64.00 $ 66.00 $69.00 4 hour block $214.00 $221.00 $232.00 Full Event Center (Seats 400) *Class I excludes set up services in Event Center or additional set-up in multi- purpose rooms and gymnasium. Class I 2009 2010 2011 1 hour: $25.75 $ 35.00 $ 36.00 4 hour: $77.25 $105.00 $110.00 Class II Hourly: $82.50 $ 85.00 $ 89.00 4 hour block $268.00 $276.00 $285.00 Class III Hourly: $118.00 $122.00 $128.00 4 hour block $385.00 $397.00 $410.00 Class IV Hourly: $150.00 $155.00 $162.00 4 hour block $460.00 $492.00 $510.00 Kitchen (To be used by Licensed Caterer Only) *Class I excludes set up services in Event Center or additional set-up in multi- purpose rooms and gymnasium. Class I 2009 2010 2011 1 hour: $15.50 $16.00 $16.50 4 hour: $25.75 $40.00 $42.00 Class II Hourly: $31.00 $32.00 $ 33.00 4 hour block $103.00 $106.00 $110.00 Class III Hourly: $43.00 $44.00 $ 45.00 4 hour block $139.00 $143.00 $150.00 Class IV Hourly: $64.00 $66.00 $ 68.00 4 hour block $214.00 $221.00 $230.00 Multi-Purpose A & B (Seating up to 10-20 ) For multi-purpose rooms and gymnasium rentals, if the MVCC is not otherwise open, the permit holder will be charged an additional $15/hour for a staff fee. Class I 2009 2010 2011 Hourly: $10.25 $11.00 $11.50 4 hour block: $15.50 $35.00 $36.00 Class II Hourly: $20.50 $21.00 $22.00 4 hour block $72.00 $74.00 $76.00 Class III Hourly: $27.00 $28.00 $29.00 4 hour block $91.00 $94.00 $98.00 Class IV Hourly: $38.00 $39.00 $40.00 4 hour block $128.00 $132.00 $136.00 Multi-Purpose Room C and Youth Room (Seating up to 30-40) For multi-purpose rooms and gymnasium rentals, if the MVCC is not otherwise open, the permit holder will be charged an additional $15/hour for a staff fee. ** Two Hour Minimum!! ** Class I 2009 2010 2011 Hourly Rate: $ 36.00 $37.00 $38.00 4 Hour block: $123.00 $127.00 $130.00 Class II Hourly Rate: $ 46.50 $48.00 $50.00 4 Hour block: $154.50 $159.00 $165.00 Class III Hourly Rate: $ 54.00 $56.00 $58.00 4 Hour block: $182.00 $188.00 $195.00 Class IV Hourly Rate: $64.00 $66.00 $68.00 4 Hour block: $214.00 $220.00 $230.00 Gymnasium Rental Full Gym (Up to 4 hours – hourly rate) Class I: $35 Class II: $40 Class III: $45 Class IV: $60 Full Gym (Hourly Rate Exceeding 4 Hours) Class I: $70 Class II: $80 Class III: $90 Class IV: $120 Half Gym (Up to 4 Hours – hourly rate) Class I: $25 Class II: $30 Class III: $35 Class IV: $50 Half Gym (Hourly Rate Exceeding 4 hours) Class I: $50 Class II: $60 Class III: $70 Class IV: $120 OTHER CHARGES Overhead Projectors: $10 / day TV & VCR: $15 / day Microphone: $40 / day Screen: $35 / day LCD Projector & Screen $20 / hour, $75 / day Lobby $125 / day Bar $20 Lattice $50 Cooler $50 / day Coffee Pot and Carafes $10 Table Linens $3 each Napkins $.15 each Playland $25 / hour, $100 / day Mounds View Athletic Fields Fees Based Upon an Individual Event/Game/Practice. Reservations for Classes II, III, IV will begin on March 1st. Field Reservations may be limited depending upon the number of teams and fields available. The MV YMCA & Parks Maintenance Staff will set a seasonal field use policy to determine field available, appropriate age groups, dates, and times available and fields available. For purposes of the fees below, a time block is considered 55 minutes. Tournaments Baseball & Softball Fields (Youth Only) Hillview Groveland Oakwood Greenfield City Hall Softball Fields (Adults or Youth) City Hall Silverview Soccer Fields (Youth Only) Silverview Groveland Oakwood Lighting Fee for Softball Fields $100 per Field per Day (If Field Maintenance is required during tournaments, an additional $30 per hour with a two-hour minimum will be charged. Class I: 1 time block free per/wk $5 per add’l time block Class II: $5 per time block Class III: $10 per time block Class IV: Not applicable Class I: 1 time block free per/wk $5 per add’l time block Class II: $5 per time block Class III: $15 per time block Class IV: $30 per time block Class I: 1 time block free per/wk $5 per add’l time block Class II: $5 per time block Class III: $10 per time block Class IV: Not Applicable Class I: $20 per time block Class II: $30 per time block Class III: $40 per time block Class IV: $40 per time block Park Building Rentals – Random, Groveland, Hillview, and Lambert Parks (see Page 21 for Classifications) $100 Refundable Damage Deposit Required $50 Service Fee will be Charged to Groups of 50 or more Class I 4 hours: $15 Full day: $30 Class II 4 hours: $35 Full day: $70 Class III 4 hours: $50 Full day: $100 Class IV 4 hours: $70 Full day: $140 Picnic Shelter Rentals – Silver View and City Hall Parks (see Page 21 for Classifications) $100 Refundable Damage Deposit Required $50 Service Fee will be Charged to Groups of 50 or more Class I 4 hours: $35 Full Day: $70 Class II 4 hours: $50 Full day: $100 Class III 4 hours: $70 Full day: $140 Class IV 4 hours: $100 Full day: $200 Item No: 07A Meeting Date: November 23, 2009 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Public Hearing: Resolution 7530, a Resolution Approving the 2010 Fee Schedule Background Attached is the Fee Schedule for 2010. This was reviewed by the City Council at the November Work Session. Changes to the Fee Schedule from 2009 to 2010 are highlighted in red and blue. The 2010 Park & Rec, Mounds View Facility Fees are in a separate attachment, which is stapled in your Council packet. Discussion If there is no public comment at this meeting, then Staff would recommend approving Resolution 7530 adopting the 2010 Fee Schedule. When the Fee Schedule is finalized, Staff will provide the City Council with a clean copy. Recommendation Open the Public Hearing for public comment. Staff recommends adoption of Resolution 7530, approving the 2010 Mounds View Fee Schedule. Respectfully submitted, ________________________ Desaree Crane RESOLUTION 7530 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING THE 2010 FEE SCHEDULE WHEREAS, revisions and updates to the Fee Schedule are necessary; and WHEREAS, each City of Mounds View Department Head has reviewed all fees relevant to his/her department and recommended changes to the City Council where necessary; and WHEREAS, the City Council reviewed the Fee Schedule at the November 2, 2009, Work Session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby approve the 2010 Fee Schedule, which is attached to this resolution. Adopted this 23rd day of November, 2009. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (seal) Item No: 7B Meeting Date: Nov 23, 2009 Type of Business: Action Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Resolution 7527 Approving a Joint Powers Agreement with the City of Spring Lake Park Concerning the Operation and Management of Lakeside Lions Park Introduction: The Cities of Mounds View and Spring Lake Park have been jointly operating Lakeside Park (later renamed Lakeside Lions Park) since the 1980s. Originally owned and operated by the Lakeside Park Commission, that entity dissolved in 1981 and in 1983 the cities received Quit Claim Deeds that transferred ownership of the parkland to both cities, with the stipulation that the land always be used for park and playground purposes. Discussion: While the joint management and oversight of the park has worked without any problems, both cities desired to enter into an agreement that would outline each cities’ responsibilities. The original draft of the agreement was prepared by Kennedy & Graven with a few revisions made by Spring Lake Park. The agreement, as presented this evening, does not change either city’s responsibilities—it simply serves to memorialize the arrangements which have survived the test of time. The attached Agreement has been approved by the Spring Lake Park City Council at their meeting on November 16, 2009. Recommendation: Staff recommends approval of Resolution 7527, a resolution approving the Joint Powers Agreement (JPA) with the City of Spring Lake Park concerning the operation and management of Lakeside Lions Park. Respectfully submitted, ________________________ James Ericson Clerk - Administrator Map Graphic MOUNDS VIEW FRIDLEY SPRING LAKE PARK Lakeside Park RESOLUTION 7527 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE CITY OF SPRING LAKE PARK CONCERNING THE OPERATION AND MANAGEMENT OF LAKESIDE LIONS PARK WHEREAS, the cities of Spring Lake Park and Mounds View jointly own and operate Lakeside Lions Park located on Hillview Drive; and, WHEREAS, the property currently known as Lakeside Lions Park was deeded to the Cities of Mounds View and Spring Lake Park by Park Playground Inc., a Minnesota corporation, in 1959, and the deed contained language requiring the property to revert back to Park Playground Inc. in the event the City Councils determined to use this land for something other than park land; and, WHEREAS, at that time, the City Councils agreed to jointly operate said park for playground and recreational purposes and created the Lakeside Park Commission, comprised of representation from both cities, charged with the responsibility of providing a well-balanced recreational program and granted whatever general and specific powers necessary to provide said program; and, WHEREAS, the Lakeside Park Commission was dissolved in 1981 and the cities continued to jointly operate the park without any formal agreement. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does hereby approve a Joint Powers Agreement with the City of Spring Lake Park, attached herein as Exhibit 1, to formalize both cities’ ongoing responsibilities. Adopted this 23rd day of November, 2009 _____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (seal) LAKESIDE LIONS PARK JOINT POWERS AGREEMENT This Joint Powers Agreement (“Agreement”) dated this 23rd day of November, 2009, is entered into by and between the City of Mounds View, a Minnesota municipal corporation (Mounds View) and the City of Spring Lake Park, a Minnesota municipal corporation (Spring Lake Park). This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes Section 471.59. RECITALS WHEREAS, the property currently known as Lakeside Lions Park was deeded to the Cities of Mounds View and Spring Lake Park by Park Playground Inc., a Minnesota corporation, in 1959 and the deed contained language requiring the property to revert back to Park Playground Inc. in the event the City Councils determined to use this land for something other than park land; and, WHERAS, at that time the City Councils agreed to jointly operate said park for playground and recreational purposes and created the Lakeside Park Commission, comprised of representation from both cities, charged with the responsibility of providing a well-balanced recreational program and granted whatever general and specific powers necessary to provide said program; and, WHEREAS, both cities adopted resolutions in 1981 that memorialized that agreement; and, WHEREAS, the Lakeside Park Commission was dissolved later in 1981 and the cities continued to jointly operate the park, but no new agreement was ever entered into; and, WHEREAS, in July, 1983, the cities received a quit claim deed from Park Playground, Inc. conveying the park land to the Cities of Mounds View and Spring Lake Park, in joint ownership, for park and playground purposes only; and, WHEREAS, the property is legally described on attached Exhibit A; and, WHEREAS, an aerial photo of the Park is attached as Exhibit B; and, WHEREAS, at this time, the cities would like to enter into a formal joint powers agreement concerning the joint operation of the park and agree as follows: SECTION I RESPONSIBIITIES OF THE PARTIES 1.01. Spring Lake Park’s Responsibilities. With respect to the Park administration, maintenance and operation, Spring Lake Park’s responsibilities will include, but not limited to, the following at no cost to the City of Mounds View: A. Inspect all fences, signs and amenities and perform routine repairs. B. Treat Spring Lake with chemicals as needed for the control of swimmer’s itch and weed control. C. Start up and drain the water system each year. D. Water the grass and landscaping. E. Pick up trash and empty trash receptacles on a regular basis. F. Mow, fertilize, seed and maintain the grass for weed control. G. Scarify the softball infields and replace ag lime as needed. H. Trim and water trees as needed. I. Wash down the beach house and clean and scrub bathrooms and floors weekly. J. Purchase sand for the beach. K. Order building maintenance supplies, such as toilet paper, disinfectant and sponges. L. Plow snow from parking lot and walkways. M. Interview, hire and supervise a part-time maintenance employee (20 hours/week) to assist with above listed responsibilities. This person is an employee of the City of Mounds View, however, Mounds View will be reimbursed from the Park fund for all expenses related to this position. 1.02 Mounds View’s Responsibilities. With respect to the Park administration, maintenance and operation, Mounds View’s responsibilities will include, but not limited to, the following at no cost to Spring Lake Park: A. Provide recreational facility scheduling and permitting. B. Provide recreational programming including, but not limited to, waterfront activities, beach programs and swimming lessons. C. Publicize the recreational activities for the Park in local papers, flyers and City newsletters and recreational brochures. D. Collect program registration fees. E. Encourage and promote the use of the Park. F. Interview, hire, fire, supervise and evaluate beach personnel, including lifeguards, instructors, supervisory personnel and concession employees, all of whom shall be Mounds View City employees. G. Develop job classifications and descriptions for the beach personnel to be approved by Spring Lake Park. H. Provide financial oversight and recordkeeping as listed in Section 2.03 of this Agreement. 1.03 Joint Responsibilities. The parties shall be jointly responsible for all other responsibilities related to the Park administration, maintenance and operation, including, but not limited to, the following: A. The cost of repairs to fences and signs that require the assistance of an outside contractor, as determined by Spring Lake Park. B. The cost of chemicals and materials used by Spring Lake Park to treat Spring Lake for swimmer’s itch and weed control. C. The cost of materials needed by Spring Lake Park to start up and drain the water system. D. Plumbing and electricity needs and associated labor and materials costs for any of the Park facilities. E. The cost of repairs and maintenance of gates, picnic tables, benches, softball fields, bleachers, lifeguard tower, playground equipment, bicycle racks, boats and oars, dock, buoys, etc. F. Reimbursement to Spring Lake Park for the cost of building maintenance supplies and equipment use, payable from the Park fund. G. Reimbursement to Mounds View for all salaries, wages, fringe benefits and related financial obligations paid to beach personnel, including, but not limited to, lifeguards, instructors, supervisory personnel and concession staff, payable from the Park fund. H. Reimbursement to Mounds View for its administrative costs incurred related to the Park activities, including, but not limited to, postage and advertising costs, payable from the Park fund. I. Provide Police patrol and enforcement of Park rules. SECTION II BUDGET AND FINANCE 2.01. Budget. By July 15th of each year, the parties shall jointly prepare a budget for the Park for the following calendar year. Each party shall have a line item in its own budget dedicated to Lakeside Lions Park. 2.02. Determination of Annual Contribution. The parties intend to operate the Park jointly through annual contributions. The parties shall establish the contribution amounts by July 15th of the year prior to the year when the contribution is payable in order to make certain that each party includes the contribution amount in its adopted budget. Each party’s contribution shall represent 50% of the annual budget. 2.03. Deposit of Annual Contribution. By January 15th of each year, the parties’ financial contribution shall be deposited in the Park Operating Fund. 2.04. Park Operating Fund. Mounds View shall be responsible for maintaining a separate fund for the Park. Mounds View shall provide Spring Lake Park with financial statements for the Park Fund twice a year, on June 30th and December 31st. Mounds View shall be responsible for paying all invoices and issuing bills for payment on behalf of the Park. All invoices relating to the Park shall be paid by funds from the Park Fund. All funds collected by Mounds View on behalf of the Park shall be deposited in the Park Fund, including all permit fees and program fees. SECTION III EQUIPMENT AND PROPERTY 3.01. Joint Ownership. All equipment and improvements upon the land shall be jointly owned by the parties. All property or equipment purchased with Park funds, or through donations, shall be jointly owned by the parties. 3.02. Liability. Each party shall be responsible for damage to, or loss of, its own equipment occurring while performing any activities at the Park. Each party waives the right to sue the other party for any damages to, or loss of, its equipment, even if the damages or losses were caused wholly or partially by the negligence of the other party or its officials, employees or agents. SECTION IV EMPLOYEES 4.01. Workers’ Compensation. Each party shall be responsible for injuries to, or death of, its own employees in conjunction with services provided pursuant to this Agreement. Each party shall maintain workers’ compensation coverage or self-insurance coverage, covering its own personnel while they are performing work with respect to the Park. The parties waive the right to sue for any workers’ compensation benefits paid to their own employees or their dependents, even if the injuries were caused wholly or partially by the negligence of the other party or its officials, employees or agents. 4.02. Personnel. Personnel assigned to perform work on the Park by one of the parties shall not be considered temporary or permanent employees of the other party for any purpose whatsoever or to be entitled to tenure rights or any rights or benefits by way of workers’ compensation, re-employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit of the other party. 4.03. Separate Employees. The parties acknowledge and agree that it is their sole responsibility to provide all salaries, compensation and fringe benefits to their separate employees. 4.04. Cooperation. Each party’s employees will work cooperatively with the other party’s employees. SECTION V INDEMNIFICATION 5.01. Indemnification. Each party agrees that it will be responsible for its own acts and the acts of its officials and employees and any liability resulting therefrom to the extent authorized by law and shall not be responsible for the acts of the other party or any liability resulting therefrom. 5.02. Insurance. Mounds View shall be responsible for paying for and maintaining property and liability insurance with respect to the Park. Said policy shall list both Mounds View and Spring Lake Park as the insureds. Mounds View shall be reimbursed for the cost of the liability insurance premium and any deductibles from the Park Fund. The parties shall review the Park’s liability insurance on a regular basis to ensure obtaining the most favorable rate. SECTION VI TERMINATION OF THE AGREEMENT 6.01. Termination. This Agreement shall remain in full force and effect unless one of the parties’ city councils vote in favor or termination, if termination is necessitated by operation of law as a result of a decision by a court of competent jurisdiction, or when the parties mutually agree to terminate this Agreement upon a date certain. 6.02. Effect of Termination. If one of the parties to this Agreement votes in favor of termination, it shall be with the understanding that the other party shall become the sole owner of said property, equipment and improvements upon the land and shall continue to operate and maintain the property for park purposes as required by the deed. SECTION VII AMENDMENT 7.01. Modification. This Agreement sets forth all understandings of the parties. All prior agreements, resolutions, understandings, representations, whether consistent or inconsistent, verbal or written, concerning this Agreement and the Park, are merged into and superseded by this written Agreement. No modification or amendment to the Agreement shall be binding on any party unless both parties agree in writing to the proposed change or amendment. 7.01. Submittal. If a party wishes to submit an amendment to this Agreement, it shall do so by submitting a written proposal to the other party. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, this 23rd day of November, 2009. CITY OF MOUNDS VIEW CITY OF SPRING LAKE PARK By: By: Joe Flaherty, Mayor Robert Nelson, Mayor By: By: Jim Ericson Barbara L. Nelson Clerk-Administrator Administrator, Clerk/Treasurer EXHIBIT A LEGAL DESCRIPTION OF THE PARK PROPERTY All of Lot Twenty (20) except the east eighty-five (85) feet thereof, Auditor’s Subdivision No. 89, Ramsey County, Minnesota, according to the recorded plat thereof on file in the office of the Registrar of Titles in and for said County of Ramsey. Subject to restrictions as of record. The east one thousand (1000) feet of the north seven hundred (700) feet of the southeast quarter of southeast quarter (SE ¼ of SE ¼) of Section numbered One (1), Township numbered Thirty (30), Range numbered Twenty-four (24,), now known as Lot numbered Nineteen (19), Auditor’s Subdivision No. 152, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota. EXHIBIT B AERIAL PHOTO OF LAKESIDE LIONS PARK Item No: 07C Meeting Date: November 23, 2009 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7528 Approving a Step Increase for Officer Kirsten Lafean of the Mounds View Police Department. Background Officer Kirsten Lafean is a current employee with the City of Mounds View. Her supervisor, Sgt Steve Menard, has reviewed her performance as it relates to her responsibilities outlined in the job description. Discussion It was determined that Officer Lafean has satisfactorily performed in the capacity of her position, and therefore, a step increase wage adjustment is consistent with the LELS Police Officers Union Contract. Recommendation Staff recommends approval of Resolution 7528, approving Officer Lafean’s wage increase. Respectfully Submitted, __________________________ Desaree Crane RESOLUTION 7528 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENT WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, her supervisor reviewed her performance as it relates to the responsibilities outlined in the job description; and WHEREAS, her supervisor determined that the following employee below has satisfactorily performed in the capacity of her position documented in her performance review on file; and WHEREAS, a step increase wage adjustment is 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 Officer Kirsten Lafean MV Police Officer June 1, 2009 Step 1: $20.70/hr Step 2: $22.29/hr December 1, 2009 Adopted this 23rd day of November, 2009. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No: 07D Meeting Date: November 23, 2009 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Mayor and City Council From: Mary Springer, Receptionist/Recycling Coordinator Item Title/Subject: Resolution No. 7526, Approving the 2010 SCORE Recycling Grant Request to Ramsey County Background In conjunction with Ramsey County and the State of Minnesota SCORE Program, the City of Mounds View is eligible to apply for grant monies to fund 2010 recycling activities. As a part of the grant application, the City Council must formally request the funding. This amount is projected to be $26,545. Discussion The attached 2010 SCORE funding grant application describes Mounds View’s recycling program and proposed budget allocation. Please note SCORE funds may only be used for their allocated purposes. (for example, administration funds may not be used for publicity costs). In 2010, staff will continue to bring attention to the ongoing composting and recycling programs in the City of Mounds View. This information will be cited in the Mounds View Matters, City’s website, and CTV. Recommendation Staff recommends the adoption of Resolution 7526, approving the 2010 SCORE Recycling Grant Request to Ramsey County. Respectfully Submitted, _________ Mary Springer Receptionist/Recycling Coordinator RESOLUTION NO. 7526 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE 2010 SCORE RECYCLING GRANT REQUEST TO RAMSEY COUNTY WHEREAS, Ramsey County is accepting applications for use of SCORE funds to improve recycling participation by the public; and, WHEREAS, the City of Mounds View is eligible to apply for a grant to provide administrative and promotional activities intended to improve recycling participation among city residents through education, awareness, and incentives; and, WHEREAS, the City Council of the City of Mounds View has determined that this is an appropriate use of city resources and that increasing recycling participation benefits the public health, safety, and welfare of the community as a whole. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View approves the attached application for 2010 SCORE funding and authorizes acceptance of any allocated funding. Adopted this 23rd day of November, 2009. ___________________________________ Joe Flaherty, Mayor ATTEST: ___________________________________ James Ericson, Clerk-Administrator (seal) Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Michael Haubrich 612-237-2859 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Brian Amundsen 763-786-5699 Bill Doty 763-786-3421 Jason R Reiling 763-350-3013 Resolution No. 2009-05a Mounds View Charter Commission Dated Oct 14, 2009 Whereas, the Mounds View Charter Commission has reviewed the requests for updates to Section 7.05 of the Mounds View Charter that are deemed necessary for the Mounds View Charter specify that the Five Year Financial Plan be adopted by resolution as is indicated in Section 3.05 of the Charter “The general administrative business of the Council shall be conducted by Resolution.” Therefore, the Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined language and by the deletion of the Red and stricken language. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. Section 7.05 Five-Year Financial Plan. Subdivision 1. The City Council shall have prepared a five-year financial plan commencing with the ensuing calendar year. The City Council shall hold a provide notification and hold public hearings in the same manner that would be required to adopt by ordinance and shall then adopt on the five-year financial plan and adopt it by ordinance resolution, with or without amendment, by June 1st of each year. The financial plan shall consist of at least the following three elements as specified in subdivisions 2 through 4 which follow: The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. Respectfully submitted, ________________________ _________________________ Jonathan J Thomas, Chair Barbara Thomas, Secretary Item No: 07E Meeting Date: November 23, 2009 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: First Reading of Ordinance 839, an Ordinance Amending Section 7.05 of the Mounds View City Charter Relating to the Five-Year Financial Plan Background Attached is Charter Resolution 2009-05a. This Charter Resolution revises Section 7.05 of the Mounds View City Charter, to require the Five-Year Financial Plan to be adopted by Resolution instead of Ordinance. Discussion In the past, the Five-Year Financial Plan was adopted by Ordinance. The new Charter language in Section 7.05 will now require the Five-year Financial plan to be adopted by Resolution. According to Charter Resolution 2009-05a, the Five-Year Financial Plan will continue to require notification and hold public hearings in the same manner as required for ordinance adoption. Recommendation Staff recommends the City Council to approve the First Reading and Introduction of Ordinance 839. The Public Hearing for the Second Reading and Adoption of this Ordinance is scheduled for Monday, December 14, 2009, at 7:05 p.m. Respectfully Submitted, __________________________ Desaree Crane ORDINANCE 839 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE AMENDING SECTION 7.05 OF THE MOUNDS VIEW CITY CHARTER RELATING TO THE FIVE-YEAR FINANCIAL PLAN THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 7, Section 7.03, Subdivision 3 of the City Charter be amended with additions underlined and deletions stricken as follows: Section 7.05 Five-Year Financial Plan Subdivision 1. The City Council shall have prepared a five-year financial plan commencing with the ensuing calendar year. The City Council shall hold a provide notification and hold public hearings in the same manner that would be required to adopt by ordinance and shall then adopt on the five-year financial plan and adopt it by ordinance resolution, with or without amendment, by June 1st of each year. The financial plan shall consist of at least the following three elements as specified in subdivisions 2 through 4 which follow: SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 23rd day of November, 2009. Read and passed by the Mounds View City Council on this 14th day of December, 2009 Publication Date: December 24, 2009 Adopted this 14th day of December, 2009. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No: 7F Meeting Date: Nov 23, 2009 Type of Business: Action Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Resolution 7531 Approving the Renewal of an Agreement with the YMCA for Parks and Recreational Management Services Introduction: The YMCA has been providing management and recreational services for the City of Mounds View since July of 1999. The agreement originally adopted needs to be renewed and certain revisions are necessary at the same time. Discussion: The agreement has been reviewed by the YMCA Advisory Committee, City Staff, the City Attorney and the YMCA. The City Council reviewed the first draft of the agreement revisions at the Nov 2 Work Session, a meeting attended by Executive Vice President Pat Reimersma. The Council had a few questions, some of which were addressed that night, and some addressed through additional changes to the proposed agreement. A final question which has not yet been addressed concerns the 12.5% administrative fee that is added to all direct costs incurred by the YMCA. Ms. Reimersma indicated more information would be provided to substantiate that figure. Highlights of changes to the agreement made since the November Work Session: • Clarified the effective date of the agreement • In Article 4C, reference to Program leadership, Playground Supervision and Middle School Leadership was deleted. The amount for the event center staff was limited to 10% of the event center revenue. • Also in Article 4C, the reference to the YMCA’s 12.5% admin charge automatically increasing by the CPI was deleted. The same text was added to the ice rink attendant clause. • The Park amenities detailed in Exhibit 1 was updated. • Agreement requires that at least two Y staff members need to be on duty at time of closing, for safety purposes. • The complaint procedures were added to the agreement in Exhibit 5 The agreement as revised clarifies roles and responsibilities and provides for the YMCA’s management of the event center. The agreement clarifies that the City is to receive 100% of all surplus revenues up to $25,000, any surplus beyond $25,000 is split equally between the YMCA and the City. Other miscellaneous changes relating to responsibilities: • The agreement was modified to indicate that the City would be responsible for all maintenance and repairs. YMCA Agreement Report Nov 23, 2009 Page 2 • The YMCA is required to prepare an annual marketing plan for review by the YMCA Advisory Committee. • Eliminated the requirement to establish a Community Center Committee. Such a committee, in retrospect, is unnecessary. • Eliminated the reference to lifeguard services at Lakeside Park. The beach has been closed for years. • Eliminated YMCA access and use of City-owned vehicles. • Deleted reference to the City’s forestry programs. Recommendation: Staff is recommending adoption of Resolution 7531, a resolution approving an agreement for management a recreational services with the YMCA for an initial term of five years with two subsequent five year renewal periods. If the Council should have any questions regarding the agreement or the amendments made since November 2nd Work Session, please let me know. If the Council needs additional information before a decision can be made on the resolution and agreement, action can be held over to December 14, 2009. Respectfully submitted, ________________________ James Ericson Clerk - Administrator RESOLUTION 7531 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE MOUNDS VIEW COMMUNITY CENTER, PARKS AND RECREATION MANAGEMENT AGREEMENT WITH THE YMCA OF GREATER ST. PAUL WHEREAS, the YMCA of Greater St. Paul has been providing management and recreational programming services for the City of Mounds View since July of 1999; and, WHEREAS, the Agreement with the YMCA is outdated and in need of renewal; and, WHEREAS, the City and The YMCA have been working on a renewal agreement that was reviewed by the City Council at their Work Session meeting on November 2, 2009; and, WHEREAS, the City and the YMCA desire to execute the attached revised Mounds View Community Center, Parks And Recreation Management Agreement to be effective January 1, 2010. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does hereby approve a the attached Mounds View Community Center, Parks And Recreation Management Agreement with the YMCA of Greater St. Paul, effective January 1, 2010, and authorizes the mayor and Clerk-Administrator to execute said agreement on its behalf. Adopted this 23rd day of November, 2009 _____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (seal) DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 1 MOUNDS VIEW COMMUNITY CENTER, PARKS AND RECREATION MANAGEMENT AGREEMENT THIS AGREEMENT is made, effective as of this 1st day of January, 1999 2010, by and between the City of Mounds View, located at 2401 Highway 10, Mounds View, Minnesota 55112 (hereinafter "City") and YMCA OF GREATER SAINT PAUL, located at 2125 East Hennepin Avenue, Minneapolis, MN 55413 476 Robert Street North, St. Paul, MN 55101 (hereinafter "YMCA"). WITNESSETH: WHEREAS, the City of Mounds View desires to engage the services of the YMCA to assist with the management of the Mounds View Community Center and City recreation programing; and WHEREAS, the City is the owner of the Mounds View Community Center located at 5394 Edgewood Drive in the City of Mounds View, and various City park and recreation facilities as set forth in Exhibit I; and WHEREAS, the City and YMCA recognize and acknowledge that the Mounds View Community Center includes the Banquet FacilityEvent Center and the Rec Center, as defined herein, in addition to the kitchen, leased office space areas that is currently being used for community education and the day care, and agree to cooperate in effectively operating and maintaining the Rec Center for the good of all the users of the Mounds View Community Center; and WHEREAS, the City desires to engage the services of YMCA to assist with the administration of the ongoing operations, administration and development of the parks and recreation programs of City; and WHEREAS, YMCA is experienced in providing recreation services and managing facilities and is willing to enter into this Agreement; and WHEREAS, YMCA has expressed its willingness to provide such services; and WHEREAS, YMCA shall provide adequate personnel and services to assist the City with the administration of the ongoing operations, administration and development of the Mounds View Community Center and the parks and recreation programs of City. NOW, THEREFORE, the parties hereto do mutually agree as set forth below: ARTICLE I: DEFINITIONS OF TERMS USED IN AGREEMENT A. Rec Center. The gymnasium, lounge/senior center and, fitness area, children’s play area and all meeting and storage rooms A and B in the Mounds View Community Center. DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 2 B. City. The City of Mounds View, a municipal corporation under the laws of Minnesota. C. Community Center. The entire Mounds View Community Center, including the Rec Center and the Banquet FacilityEvent Center, as well as the kitchen, leased office space areas and the day care center and community education area. D. Banquet FacilityEvent Center. The banquet hall/meeting room portion of the Mounds View Community Center, including storage areas and kitchen facilities. E. Parks. All City parks and park facilities. See Exhibit I for a detailed list of City parks. Park facilities include but is not limited to baseball and softball fields, soccer fields, playgrounds and associated playground equipment, picnic shelters, and ice rinks and warming shelters. Excluded is The Bridges Golf Course. F. YMCA. YMCA of Greater Saint Paul, a non-profit corporation under the laws of Minnesota. G. Recreational Programming. Recreation classes and programs for youth, adults, seniors and the general public as outlined in Exhibit IV. H. Building and Equipment Replacement Reserve Fund. A segregated account to be funded by annual City appropriations and surpluses from recreation programming. Funds can only be used for replacement of flooring, HVAC systems, the roof, and other similar items at the Community Center. ARTICLE II: TERM OF AGREEMENT The initial term of this Agreement will be five full calendar four and one-half (4 1/2) years, commencing on January 1, 2010 July 1, 1999 and continuing through December 31, 2014 2003. This Agreement shall automatically renew for two additional five-year terms under the terms and conditions set forth in the Agreement unless either party gives written notice of termination to the other party at least one hundred eighty (180) days before the end of the initial term or any subsequent term of this Agreement; such termination may be made by either party without penalty or cause. ARTICLE III: DUTIES AND RESPONSIBILITIES OF PARTIES A. YMCA’S Duties and Responsibilities. YMCA shall perform professional services within its expertise as shall be requested by City and shall provide ongoing management assistance for City operations, administration, and development of the Rec Center and the park and recreation programs of City. It is understood between the parties that such services specifically may include, but are not limited to, the duties set forth in Exhibit II. B. City’s Duties and Responsibilities. The City agrees to provide the resources to maintain the Rec Center and associated equipment and to provide or perform the duties set forth in Exhibit III. DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 3 ARTICLE IV: COMPENSATION A. Community Center and Recreation Programming Management. The City will pay the YMCA in quarterly installments based upon annual compensation of $228,000 beginning January 1, 2010. monthly based upon 1/12th of the annual compensation (for 1999, the monthly compensation will be $13,090). The annual compensation for 1999 is $157,080 (actual compensation for 1999 will be based upon the actual number of months this contract is in effect.) On January 1st of subsequent years, the annual compensation and corresponding quarterly monthly payments shall may increase or decrease by the Minneapolis / St. Paul area Consumer Price Index, or successor index (“CPI”) from the CPI at the Commencement Date to the CPI immediately prior to such anniversary, provided further that in no event shall such increase or decrease from one year to the next exceed five percent (5%). For such compensation, the YMCA agrees to provide the programs and services outlined in this agreement, and to provide the following: 1. The employees necessary to provide the services outlined in this contract, including all costs associated with such employees. In addition to the direct payroll costs, this shall include all costs associated with recruiting, hiring, training and supervising such employees; 2. Office supplies, including but not limited to, copy paper, printer cartridges, stationery, envelopes, postage, computers, etc.; 3. Registration software and annual support; 4. Any advertising other than that provided by the City; 5. Transportation and mileage; 6. Liability insurance; 7. First aid supplies; 8. Supplies and equipment for recreation programming, such as balls, bats, craft supplies, etc. B. Recreation Programming. At the end of each calendar year under this Agreement, the annual surplus or deficit from all recreation programming will be calculated as follows: 1. All revenues from Recreation Programming will be calculated. Revenues will DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 4 include any scholarships provided to participants by outside individuals, groups or organizations, and any subsidies provided by the City or the YMCA in order to offer any program. 2. All direct expenses of Recreation Programming will be subtracted. Direct expenses will include: a. Salaries and benefits for the staff directly involved in said programs; and b. Supplies, equipment and other costs directly associated with said programs. 3. An administrative charge of 12.5% on all direct expenses will be calculated and subtracted. 4. The remaining balance will be that year’s surplus or deficit. In the event of an annual deficit, the City will fund the first $2,000 of any such deficit in will be 1999 with the remaining deficit being split equally between the City and the YMCA. In the event of an annual surplus in 1999, such surplus shall be allocated as follows: 1. The first $25,000 10,000 shall be paid to the City to offset the City’s costs associated with the management of the Rec Center and to assist with capital expenditures, such as flooring, furniture, HVAC systems, the roof, and other similar items at the Community Center assist in funding the Community Center Building and Equipment Replacement Reserve Fund. 2. The next $15,000 shall be paid to the City to offset the City’s cost associated with general programming costs; and 2 3. Any remaining surplus shall be split equally between the City and the YMCA. However, upon mutual consent by the City and the YMCA, any or all of such remaining surplus can be used to expand recreation programming or other services in subsequent years. In subsequent years, the amounts identified above in the annual deficit and surplus calculations shall be adjusted using the CPI factor identified in Article IV A above. C. Other Services. The City will reimburse the YMCA on a monthly basis for its costs associated with providing the following services: DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 5 1. Ice skating supervision. Actual annual seasonal reimbursement shall not exceed $10,750 $10,000 in 1999 2010. Reimbursements in subsequent years may increase or decrease by the CPI as provided for in Article IV A. 2. Playground supervision. Actual annual reimbursement shall not exceed $3,400in 1999; 3. Program leadership. Actual annual reimbursement shall not exceed $12,950 in 1999; and 4. Middle school leadership. Actual annual reimbursement shall not exceed $4,400 in 1999. 2. Event Center staff. Actual annual reimbursement for part-time event center staff shall not exceed 10% of event center revenues. Such reimbursement shall be in addition to the compensation in Article IV A above. The YMCA’s costs shall include all direct costs for such services plus a 12.5% administrative charge. Such amounts shall automatically increase by the same factor identified in Article IV A above. The services outlined in this section (Article IV C) may be modified at any time by the mutual written consent of both the City and the YMCA. ARTICLE V: PERFORMANCE BOND AND INSURANCE PROVISIONS A. Performance Bond. The City reserves the right to require, in its sole discretion, that YMCA post a bond, certificate of deposit, or other similar instrument approved by the City in an amount as the City reasonably deems to be adequate compensation for damages resulting from YMCA’s nonperformance of its obligations under this Agreement. The City agrees to provide the YMCA with one hundred and eighty days advance notice of its intent to require such bond, certificate of deposit, or other similar instrument. B. Insurance. YMCA will maintain in full force and effect, at its own cost and expense during the term of the this Agreement the following insurance coverage: 1. Commercial General Liability Insurance with limits of: $2,000,000 each occurrence; $3,000,000 general aggregate. Including coverage for products—completed operations and personal injury and advertising liability. This policy shall contain an endorsement adding the City of Mounds View as an DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 6 additional insured. 2. Business Auto with combined single limit of $1,000,000. 3. Standard Workers Compensation and Employers Liability with limits of: Bodily Injury by Accident $500,000 each accident; Bodily Injury by Disease $500,000 each employee; Bodily Injury by Disease $500,000 policy limit. 3 4. The City of Mounds View shall be provided with a certificate of insurance for all of the policies maintained pursuant to this Agreement that shall show the described coverage including the City as an additional insured, and the certificate providing 60 days notice to the City of Mounds View in the event of cancellation or non-renewal. 4 5. All required insurance shall be with a company acceptable to the City. ARTICLE VI: INDEMNIFICATION; IMMUNITIES A. The YMCA shall defend, indemnify and hold harmless the City, the Mounds View Economic Development Authority (the “EDA”), and their 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 arise or purport to arise out of this Agreement for services or goods provided by the YMCA hereunder. B. Nothing in this Agreement shall be deemed to be a waiver by the City, the EDA or their elected officials of any limitations on or immunities from liability set forth in Minnesota Statutes, Chapter 466 or to which the City, the EDA or their elected officials, officers, employees, agents and representatives are otherwise entitled. ARTICLE VII: TERMINATION A. Termination for Cause. If the YMCA fails to perform any of the terms, conditions, or requirements of this Agreement, the City may give the YMCA thirty (30) days written notice of such failure. After receipt of the written notice, the YMCA will have up to thirty (30) days to correct the problem, except that the City may in any case take immediate steps it determines are necessary 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 thirty (30) day period without affecting the City’s right to terminate the YMCA; and, provided further that the YMCA shall pay to the City an amount equal to all City costs and expenses incurred in taking such action, such payment to be made within 30 days of the City’s written request to the YMCA for such reimbursement. If the YMCA fails to correct the problem within the thirty (30) day period, the City may terminate the Agreement by giving the YMCA sixty (60) days DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 7 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 (30) days written notice of such failure. After receipt of the written notice, the City will have thirty (30) 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 thirty (30) day period without affecting the YMCA’s right to terminate the Agreement. If the City fails to correct the problem within that thirty (30) day period, the YMCA may terminate the Agreement by giving the City sixty (60) days written notice of such termination. B. Termination by Mutual Consent After August 31, 2000, if If both the YMCA and the City agree that this Agreement is not fulfilling the desired results for both parties, this agreement can be terminated at a mutually agreed upon date at least one hundred and eighty days into the future. Such a date shall be selected to cause the least disruption to the operation of the Rec Center and to recreation programming. The general reasons for terminating the agreement as well as the date of termination of this Agreement must be documented and signed by both parties. C. Termination by Either Party After August 31, 2000, either Either the YMCA or the City can terminate this agreement by giving at least one hundred and eighty days written notice of its intent to terminate the Agreement. If the YMCA initiates the termination, the date of termination shall be selected to cause the least disruption to the operation of the Rec Center and to recreation programming, but it must be at least one hundred and eighty days but not more than two hundred and seventy five days from the date of written notification. ARTICLE VIII: MISCELLANEOUS PROVISIONS A. 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: YMCA of Greater Saint Paul 476 Robert Street North 2125 East Hennepin Avenue St. Paul, MN 55101 Minneapolis, MN 55413 DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 8 Such notice or other communication may be mailed by United States registered or certified mail, return receipt requested, postage prepaid, and may be deposited in a United States Post Office or a depository for the receipt of mail regularly maintained by the post office. Such notices, demands, consents, and reports may also be delivered by hand or by any other receipted method or means permitted by law. For purposes of this Agreement, notice shall be deemed to have been "given" or "delivered" upon personal delivery thereof or forty-eight (48) hours after having been deposited in the United States mails as provided herein. If either party has a change of address, that party must give written notice to the other party of such change as provided herein. Any party failing to provide notice of a change of address shall be deemed to have received any notice sent as provided above. B. Amendment. This Agreement may be modified, renegotiated or otherwise amended at any time only upon the mutual written consent of the YMCA and the City. C. Assignment. This Agreement shall be binding upon the parties hereto and their respective administrators, executors, successors and assigns. No assignment or attempted assignment of this Agreement of any rights hereunder shall be effective, unless upon the written consent of the YMCA and the City. D. Authority. Each of the undersigned parties warrants it has the full authority to execute this Agreement, the party is in good standing, execution is preempted by each party’s bylaws and authorized officers have signed this Agreement. E. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with 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. F. 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. G. Entire Agreement. This Agreement, any attached exhibits or addenda or amendments signed by the parties shall constitute the entire Agreement between the City and the YMCA, and supersedes the temporary agreement dated January, 1999 and any other written or oral agreements between the City and the YMCA. This Agreement can only be modified by a writing signed by City and YMCA. H. Execution in Counterparts. This Agreement may be executed in counterparts by the parties hereto. DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 9 I. Programming Equipment. The City will provide the YMCA with the equipment and materials on Exhibit VII. 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 provide reasonable maintenance on all such equipment. At the end of this contract, any such equipment shall remain with and be owned solely by the City. J. 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. K. Work Products. All records, information, materials and other work products, except those noted below, prepared and developed in connection with the provision 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. All YMCA personnel records associated with personnel assigned under the terms and conditions of this Agreement shall be and remain the exclusive property of the YMCA provided, however, that the YMCA shall grant the City Clerk-Administrator and/or City Attorney to review such files upon given at least five days notice of their intent to review such files. L. Independent Contractor Status. All services provided by YMCA, YMCA's officers, agents, and employees pursuant to this Agreement shall be provided by such persons as an employee of the YMCA or as an independent contractor and not as an employee of the City for any purpose, including but not limited to: 1. Income tax withholding; 2. Workers' compensation; 3. Unemployment compensation; 4. FICA taxes; and 5. Eligibility for employee benefits. M. Data Practices Act Compliance. Data provided to YMCA under this Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in accordance with statutory guidelines. N. Maintenance and Repair. With the prior written consent of the City, the YMCA is authorized to and shall make or cause to be made at the City’s expense, through contracted services or otherwise, all ordinary repairs and replacements reasonably necessary to preserve the Center in its present condition and for the efficient operation of the Center, and all such alterations are required to comply with governmental regulations or insurance requirements. The City shall be responsible for all maintenance and repairs associated with provide routine cleaning and janitorial for the Rec Center as part of this Agreement. DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 10 O. Contracts, Utilities and Services. City and YMCA shall make contracts required for electricity, gas, telephone, fuel, or water, and such other services as City and YMCA shall deem necessary or prudent for the operation of the Rec Center and the City shall pay such expenses. P. Relationship of YMCA to City. The relationship of the parties to this Agreement shall be that of principal and agent, and all duties to be performed by YMCA under this Agreement shall be for and on behalf of City, in City's name, and for City's benefit. In taking any action under this Agreement, YMCA shall be acting only as an agent for City, and nothing in this Agreement shall be construed as creating a partnership, joint venture, or any other relationship between the parties to this Agreement except that of principal and agent. Neither party shall have the power to bind or obligate the other except as expressly set forth in this Agreement, except that YMCA is authorized to act with such additional authority and power as may be necessary to carry out the spirit and intent of this Agreement. Q. Indemnification Survives Termination. All representations and warranties of the parties contained herein shall survive the termination of this Agreement. R. Force Majeure. Any delays in the performance of any obligation of YMCA under this Agreement shall be excused to the extent that such delays are caused by wars, national emergencies, natural disasters, strikes, labor disputes, utility failures, governmental regulations, riots, adverse weather, and other similar causes not within the control of YMCA, and any time periods required for performance shall be extended accordingly. S. Change in Key Personnel. If there is a personnel change in the YMCA’s Chief Executive Officer, Chief Operating Officer, or Northwest Family YMCA Executive Director or in the City’s Clerk-Administrator or Finance Director, a meeting of said individuals shall be held within forty-five (45) days to review the general terms and conditions of this Agreement. In addition, if there is a change in two or more members of the City Council of the City within a three month time period, the City may request a meeting with the aforementioned individuals to review the general terms and conditions of this Agreement. T. Invalidation of Particular Provisions. If any clause, term or provision of this Agreement, or the application thereof to any person or circumstance shall to any extent, be invalid, unenforceable, or not in compliance with state bond financed property requirements, the remaining term of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. It is the intention of the parties hereto that in lieu of each clause, term or provision of this Agreement that is illegal, invalid, unenforceable, or not in compliance with state bond financed property requirements, there be added as part of this Agreement a clause, term, provision, or state bond financed property requirement similar to such illegal, invalid or DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 11 unenforceable clause, term, provision, or state bond financed property requirement as may be possible and would be legal, valid, and enforceable. U. Continuance of Rec Center/Governmental Program. This Agreement shall be subject to termination in the event the City discontinues operation of the Rec Center or the Governmental Program as set forth in Article IX. ARTICLE IX - STATE BOND FINANCE PROPERTY ACKNOWLEDGEMENT AND COMPLIANCE The City and YMCA acknowledge that funding for a portion of the Community Center was obtained through a grant from the State of Minnesota’s Department of Children, Families and Learning, and as such, the Community Center is considered state bond financed property. The following requirements contained within this Agreement are included to satisfy the state bond finance property requirements of Minnesota Statutes Section 16A.695 for Use Agreements, to comply with the requirements contained in the G.O. Compliance statutes, and pursuant to the Commissioner’s Order. A. Entity Status. The City is defined as a public entity organized as a charter city pursuant to Minnesota Statutes Chapter 410, and is thus, a Minnesota municipal corporation. B. Community Center Ownership. The Community Center is owned solely and completely by the City of Mounds View. C. Agreement Authority. The City has entered into this Agreement with the YMCA pursuant to Minnesota Statutes Section 471.15 and the City of Mounds View Municipal Charter and Municipal Code. D. Governmental Program. This Agreement is (i) being executed and entered into to carry out a Governmental Program, (ii) such Governmental Program is the City of Mounds View Parks and Recreation Program, including the operation of the Community Center and its accompanying facilities, as well as the parks within the City and general recreational programming within the City; and (iii) such Governmental Program constitutes the Mounds View Parks and Recreation Program and is authorized pursuant to Municipal Charter Section 6.02, Subdivision 1, Municipal Code Section 106.05 and Chapter 405, and Minnesota Statutes Section 471.15. E. Governmental Program Oversight. Oversight of the Governmental Program by the City is provided by the requirement, hereby agreed to by the parties that the YMCA provide City the right to inspect and audit YMCA’s books and records for its portion of the governmental program, with each such review to show the program budget, revenues and expenses. F. Term of the Use Agreement. As the Community Center consists of land and buildings, the term of this Agreement as provided herein relating to the building and improvements, and including all renewals which are solely at the option the YMCA, is for a period of DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 12 time which is less then 50% of the useful life of the Community Center. G. Termination of the Use Agreement. This Agreement allows for termination by the City, pursuant to Article VII, in the event of default hereunder by the YMCA. The termination of this Agreement is also allowed by the City, pursuant to Article VIII.U., in the event that the Governmental Program, the City’s parks and recreation program, is terminated or changed. H. Cost of Operation of the Facility (“Community Center”). The City possesses specific statutory authority pursuant to Minnesota Statutes Section 471.15, the City’s Municipal Charter Section 6.02, Subdivision 1, and the City’s Municipal Code Section 106.05 and Chapter 405, to expend monies to operate and maintain the Community Center. I. Receipt of Monies/Compliance with Tax Code. It is contemplated and understood by the parties to this Agreement, that the City’s operation of the Community Center is in compliance with the tax code. J. Sale of the Facility (Community Center). 1. This Agreement is free of any provisions, which would require the City to sell the Community Center for an amount less than the fair market value if it is to be sold to a non-public entity. 2. This Agreement is free of any provisions which would allow the City to sell the facility (Center) without the City first determining, by official action, that the Community Center is no longer usable or needed to carry out the Governmental Program. 3. This Agreement is free of any provisions which would require the City to sell the Community Center without first obtaining the written consent of the Commissioner of Finance, pursuant to Minn. Statutes Section 16A. 695, Subdivision 3, and the Commissioner’s Order. 4. This Agreement is free of any provisions which would cause the matter of distribution of the proceeds of the sale of the Community Center, which is not provided for nor contemplated in this Agreement, to violate the provisions contained in the G.O. Compliance Bill and the Commissioner’s Order (Minn. Statutes Section 16A.693, Subdivision 3 and the Commissioner’s Order). 5. Other than contained in this Article, this Agreement contains no provisions concerning the sale of the Community Center or, other than contained in Article VIII.U., the termination of the Governmental Program. DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 13 IN WITNESS WHEREOF, City and YMCA have executed this Agreement the day and year first above written. CITY OF MOUNDS VIEW Dated: _________________ , 2009 By: ________________________________ Dan Coughlin Joe Flaherty Its: Mayor Dated: _________________ , 2009 By: ________________________________ Charles S. Whiting James Ericson Its: Clerk-Administrator YMCA OF GREATER SAINT PAUL Dated: _________________ , 2009 By : ________________________________ G. Scott Goyer Greg Weibel Its: Senior Vice President CFO This document drafted by: Kennedy & Graven, Chartered (SJR) 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 (612) 337-9300 DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 1 Exhibit 1 Mounds View Park and Recreation Facilities City Hall & Park - 2401 Highway 10 Picnic shelters and amenities, softball diamonds, volleyball courts, soccer/football fields, and playground equipment. Community Center - 5394 Edgewood Drive Lounge, lobby, fitness room, meeting rooms, event center, gymnasium, and outdoor basketball court. Greenfield Park - 2335 Knoll Drive Baseball diamond, tennis and basketball courts, playground equipment and trails. Groveland Park - 2815 Ardan Avenue Park building, picnic amenities, softball diamond, tennis, basketball, and volleyball courts, playground equipment and general skating. Hillview Park - 7901 Greenwood Drive Park building, picnic amenities, softball diamond, tennis, basketball and volleyball courts, soccer/football fields, playground equipment, hockey rink and general skating. Lambert Park – 5324 Jackson Drive Park building, picnic amenities, softball diamond, basketball courts, soccer/football fields, playground equipment, hockey rink and general skating. Oakwood Park – 5590 Quincy Street Playground Equipment, soccer and football fields. Random Park - 5214 Long Lake Road Park building, picnic amenities, playground equipment, and basketball hoop. Silver View Park – 2700 County Road I Picnic shelters and amenities, softball diamonds, basketball, horseshoe and volleyball courts, soccer/football fields, trails, sliding hill, disc golf and playground equipment. Woodcrest Park – 2752 Woodcrest Drive Playground equipment and one bench. Joint facilities Lakeside Park - 7840 Pleasant View Drive Park building, picnic shelter and amenities, softball diamonds, volleyball courts, soccer/football fields, playground equipment and trails. Edgewood School (5100 Edgewood) and Pinewood School (5500 Quincy) Picnic amenities, baseball and softball diamonds, tennis, basketball and volleyball courts, soccer/football fields, trails, sliding hill, swimming pool and playground equipment. DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 1 EXHIBIT II DUTIES AND RESPONSIBILITIES OF YMCA 1. General management assistance for the coordination of the Rec Center and the park and recreation programs within the City. 2. Develop appropriate forms, brochures, and administrative procedures, the preparation of routine correspondence, and all relevant record-keeping functions associated with such matters. 3. Assist with and provide for financial administration including bookkeeping and accounting functions, and the preparation of timelyquarterly and annual financial reports. Quarterly and annual reports of accounting program activity and revenue shall be provided. 4. Use reasonable efforts to develop, market and promote the Rec Center and recreation programming in the City. An annual marketing plan shall be submitted and reviewed by the YMCA Advisory Committee during the first quarter of each calendar year. 5. Maximize quality service goals for the Rec Center by executing marketing strategies, providing quality service to customers, and employing leadership and managerial skills effectively. 6. Prepare, in conjunction with the City, an annual proposed budget each year for the ensuing year, including estimated rentals, revenues and expenses for the Rec Center and recreation programming. The proposed budget will be provided to the City on or before August 1 of each year and will be updated not more than quarterly as new information becomes available. 7. Assist the City in developing five-year and ten-year capital improvement plans for the Rec Center and City 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. 8. Operate and manage the Rec Center and parks at scheduled times and provide all recreation programming in accordance with all federal, state, and local laws, regulations, ordinances, and City polices. 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, licenses and certificates necessary for operating the Rec Center and Parkpark facilities. DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 2 9. The YMCA will operate and manage the Event Center, including the hiring of an exempt full-time Event Center Coordinator plus part-time staff as necessary. The parties agree to the following in regard to the Event Center: A. Event Center Coordinator will be hired by the YMCA to manage the Event Center, provide tours, answer phone calls and make reservations. This is based off of a 40-hour week. B. YMCA will be required to have a representative at the Event Center during events and shall be responsible for locking the facility after hours. C. Event Center Coordinator will market the Event Center within the allotted budget provided by the City. D. The YMCA will manage the event set-up and clean-up. These hours will be reimbursed by the City on an as-needed basis at an agreed-upon per-hour wage, not to exceed an annual amount as specified in Article IV, Section C. 9 10. The YMCA and the City shall establish procedures to handle complaints regarding the operation of the Rec Center, the parks and the providing of recreation services which shall be incorporated into this document as Exhibit VI V. The YMCA shall promptly furnish the City with 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 as the Northwest Family YMCA in 1998 at its regular facilities. 10.11. Maintain the following public hours for the Rec Center: September through May Monday through Friday 9 a.m. to 10 p.m. Saturday 8 a.m. to 9 p.m. Sunday 11 a.m. to 6 p.m. June through August Monday through Friday 9 a.m. to 7 p.m. Saturday 9 a.m. to 5 p.m. Sunday closedClosed The YMCA shall monitor and report the Rec Center’s usage to the City. The hours of operation canmay be modified upon mutual agreement between the YMCA and the City. Any such adjustment could result in the modification of the compensation paid by the City to the YMCA. DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 3 The Rec Center shall be closed for the following holidays: Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and December 25. In addition, there will be reduced hours on Memorial Day, July 4, December 24 and December 31. The Rec Center may be closed for up to four additional, mutually agreed upon, days in any one year 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 Rec Center. In addition, the YMCA may request to close the Rec Center due to inclement weather at other times and the City Clerk-Administrator or the Clerk-Administrator’s designee shall have the authority to approve or deny any such request. 11.12. Make every effort to keep the Rec Center and parks open for use at scheduled times by giving the City prompt notice of any maintenance issues and by working with the City to schedule maintenance and repairs at times that will cause the least disruption to the operations at the Community Center and Parksparks. Monitor Rec Center users to ensure that they do not perform acts that will disrupt current and/or future activities at the Community Center. 12.13. 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 YMCA logo is included, a Mounds View City or Community Center logo of similar or larger size and prominence must also be included. 13. Recruit, hire, and train staff, assign and schedule their work, and monitor their performance. 14. Recruit, hire, train, assign and schedule staff and monitor their performance. Part-time employees shall be hired to adequately staff recreation programs, and to cover front-desk operations. 14 15. Provide the personnel necessary to market, manage and operate the Rec 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, age, or status with regard to public assistance and other prohibited classification. 15.16. 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 as required by Article V of this Agreement. The YMCA agrees to provide the City with a copy of its Certificate of Insurance. The YMCA agrees DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 4 to provide liability insurance for programs offered. The YMCA agrees to provide property insurance for any YMCA owned equipment that is used while providing services under this contract. 16.17. Provide supervision to oversee the day to day operations, including, but not limited to, overseeing the marketing, scheduling, reservations for programs, parks, equipment, ballfields, etc., and day to day operating procedures for the Rec Center and recreation programming. 17.18. At least one YMCA representative shall be at the Rec Center whenever the Rec Center is open to the general public or wherever a program or activity is taking place at the Rec Center. Two or more YMCA staff members must be on duty at closing. 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 Banquet 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 Banquet Facility shall be responsible for locking the Center after any such private event. 18. 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. In addition, oversee the consumable supplies for the Center. 19. 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.Inform the City of any problems with the custodial service or any additional custodial services that are needed. 20. The YMCA may provide input into vendors and products to be offered through vending services, but acknowledges that the City shall have the right to offer merchandise such as clothing or athletic supplies for sale. 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 at least four Mounds View Matters brochures.newsletters. If the City publishes additional brochuresnewsletters, the YMCA may request space for additional promotional materials and will provide such material in a camera-ready format. DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 5 22.23. Take reservations for Rec Center and Parks and recreation programs. Schedule events and facilities, and maintain a master engagement calendar showing all reservations and events. 23.24. 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. 24.25. Develop fees, charges and/or deposits for programs, equipment and facilities. Such fees, changes and/or deposits shall be set and modified in only after consultation with the City. 25.26. Collect fees, charges and/or deposits for programs, equipment and facilities. 26.27. Record all fees, charges, deposits and outlays in a form acceptable to the City. Monthly reports shall be provided to the City within 30 days of month end. The City shall be able to review any YMCA records relating to its activity under the contract. By June 30, 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. 27.28. To offer at least the programs listed on Exhibit IV. The YMCA shall review registrations and associated costs for each program prior to providing the program. If there are fewer than eight (8) 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 is willing to provide the resources to offset the deficit of the program. 28.29. 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. 29. To provide office space and allow the use of the copier, fax machine and one computer and printer by the Facility Manager. Answer general questions when Facility manger is not available to answer questions about the Facility and provide a schedule of fees and charges, and when possible, show the banquet facility. 30. To shovel the Community Center sidewalks after light snowfalls of less than two inches. 31. Use reasonable care in operating the HVAC system to provide a comfortable environment for users of the Center while also insuring the efficiency of the system. To immediately notify City representatives of any issues or problems relating to the HVAC system or other facility maintenance concerns. 32.31. To work with seniors and volunteers whenever possible to assist with programming and services. 33. Work with the City and the City of Spring Lake Park in providing lifeguard services at Lakeside Park. Such services shall be limited by budget constraints and weather DRAFT 11-23-09 312576v1 SJR- 163485 MU205210-435 6 conditions. 34.32. 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 email. 35. 33. Work with community groups, businesses and individuals to explain the mission of the Rec Center, the parks and recreation programming and to solicit contributions to assist in achieving the mission, to assist in achieving the mission, and to assist disadvantaged individuals. 36. 34. 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. 35. 37. Provide the City Clerk-Administrator with an opportunity for input into the hiring and/or assignment of full time personnel to be assigned to fulfill the terms and conditions of this Agreement. 36. 38. Meet not more than monthly or as otherwise needed with the City’s Park & Recreation Commission and YMCA Advisory Committee. EXHIBIT III DUTIES AND RESPONSIBILITIES OF CITY 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 Rec Center. The committee will be comprised of the Northwest Family YMCA Executive Director and Center’s Manager the YMCA Program Directors, Event Center Coordinator, a representative from the Park and Recreation Commission, the City Clerk-Administrator, City Finance Director and, two City Council members or appointees, and two citizens appointed at large, and will meet at least semi- annually. 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 the Banquet Facility Manager, a Children’s Home Society representative and a representative from Community Education. Said committee will meet semi-annually.4. To Permit the YMCA to use specialized equipment owned by the City for special projects at the Rec 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 Rec Center for day to day use by the YMCA: a. Desks or work surfaces from which to conduct day to day operations for the two Program Manager and two programmersDirectors and the event center coordinator, in addition to apart-time staff at the public counter; b. Phone lines, voice mail and equipment for at least six voice mailboxes; c. Photocopy and fax machine; d. At least threeFour networked computers and one networked printer; and e. At least one Internet connection. 5.4. Adopt an annual budget and a five-year and ten-year capital improvement plan for the Community 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. 6.5. Budget and provide resources for the following: a. Printing and distributing of at least four brochures recreation programming guides to be included with the City’s newsletter; b. Provide custodial services and cleaning supplies, light bulbs, trash bags, soap, paper towels, and toilet paper for restrooms. Such custodial services shall not exceed $35,000 on an annual basis in 1999; in future years, such amount shall increase on an annual basis using the same CPI factor identified in Article IV A; 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; h. Chalk softball and other fields. i. Maintain City-owned office equipment including computers, printers, copier(s), and fax machines; j. Provide outside maintenance of grounds and parking lot, including snow plowing of parking lot and sidewalks. Sidewalks will be shoveled by the City when accumulated snowfall in a 12 hour period is greater than two inches; k. Provide Office suite software for computers including operating systems, word processing software for three computers, spread sheet software for two computers, and publishing software for one computer; l. Maintenance of other Park park facilities including building and ground maintenance, maintenance of softball fields and fences, hockey rinks, etc.; m. Provide at least one public telephone; n. Provide portable toilets at selected parks during non-winter months; and o. Chalk softball and other fields. 7. Allow the YMCA to use , if available, a City owned vehicle. Such vehicle(s) shall only be used for duties associated with carrying out the terms of this Agreement. The YMCA agrees to reimburse the City for its use of any vehicle at a mutually agreed upon rate. Such rate shall not exceed the Internal Revenue Service rate per mile in effect at the time of any such use. The YMCA agrees that it will maintain liability insurance for such use naming the City as an additional insured. 8.6. Allow Acknowledges that by entering into this contract the YMCA is allocating resources to the City and has a stake to ensure 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 YMCA will be permitted to place its logo, along with the City’s logo, on stationery for the Community Center and in brochures for recreation programming. 9.7. Upon receiving notice from the YMCA, the City will repair HVAC, plumbing, or other mechanical problems as soon as practicable in the manner that will cause the least disruption to the Rec Center and the entire Community Center. 10. Fund a building and equipment replacement fund. Funding shall be by an annual City appropriation. The City agrees that the minimum appropriation shall be $20,000 in 1999 and be adjusted annually by the CPI factor identified in Article IV A of the Agreement. The building and equipment funds shall be available for replacement of carpeting, HVAC systems, roof replacement, and other similar items. 11. Manage, maintain, and coordinate all services and functions associated with the City’s forestry program. EXHIBIT IV MINIMUM PROGRAMS TO BE OFFERED Youth: Adult: Activity gym After school programs: • Crafts • Instructional sports • Club Mid Babysitting classes Baseball: • T ball • 8 ball Coach Pitch • Superball Regular Baseball Basketball (boys & girls) Dance Excursions Gymnastics / tumbling Home School activities Karate Parties: • Birthdays • Halloween • Christmas PreschoolPre-school programs Rollerblade Floor hockey School’s out/Vacation activity School release programs Skating lessons Soccer, indoor and outdoor Softball Sports clinics / camps Summer playground programs Teen nights Tennis Track Collaborative (NWYFS & Pinewood) Basketball leagues: • 3 person • 5 person Broomball Fitness workout Dance: • Ballroom • Line Open gym Senior citizen: • Card playing • Dining • Programs • 55 Alive Special interest classes Softball: • Co-Rec • Fall • Men’s • Men’s over 35 • Senior girls • Senior boys • Women’s Tai Chi Trips Wellness classes Volleyball leagues (co-ed) Volunteer recognition General Other: Concerts Event Center Rental Family Excursions First Aid/CPR Instruction Open gym Picnic kit rental Park site rental Rink activities Swimming: • Five levels of instruction • Lap Swim Beginner Intermediate Lakeside Beach Lap Swims/Individual Swim Pass Lessons: • Private • Semi-private Open Swim/Family Swim Passes Senior Swimmers Waders Waterbabies EXHIBIT V PERSONNEL ISSUES See attached YMCA of Greater Saint Paul Employee Handbook dated 1/98. EXHIBIT VI PROCEDURE FOR HANDLING COMPLAINTS EXHIBIT VII PROGRAMMING EQUIPMENT Complaints related to facility and parks: • All facility and park complaints will be e-mailed to the City Administrator with the expectation the situation will be handled in a timely fashion. Community Center Program/Service Complaints: • When disputes and differences arise, staff members are encouraged to try and resolve the situation with the participant. • If the situation is more difficult to resolve the Community Center Program Director will inform their immediate supervisor who will work with the participant to come up with a resolution and closure to the situation. • If a resolution is not achieved at this point the City Administrator will be advised of the situation. Staff Complaints: • Complaints regarding YMCA staff received by the City Administrator or the City Council will be forwarded to the Vice President of Operations at the Northwest Family YMCA. Action according to the YMCA Human Resources Standard Operation Procedures will be followed depending on the situation. A follow up with the City Administrator will occur, but all of the information may not be shared because of privacy issues. Item No: 08B Meeting Date: November 23, 2009 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7529, Appointing an Alternate City Representative, Finance Director Mark Beer, to the North Suburban Communications Commission (NSCC) Background Ms. Barbara Haake represents the City as its primary representative of the North Suburban Communications Commission (NSCC) The alternate representative of the NSCC is Ms, Jackie Entsminger. The North Suburban Communications Commission (NSCC) was established in 1981, consisting of 10 member cities and is charged with the duties of administering the local cable agreement and managing the institutional network. Discussion Mounds View resident, Jackie Entsminger, currently a member of the Mounds View Cable Committee and the Mounds View Economic Development Commission, is currently serving as the alternate representative to the NSCC. Due to scheduling conflicts, Ms. Entsminger is no longer able to be an alternate City Representative for this Commission. Finance Director Mark Beer has experience to be an alternate City Representative for this Commission. Finance Director Beer will only be going to meetings that Ms. Haake is not able to attend. Recommendation It is recommended that the City Council approve the attached Resolution 7529, appointing Finance Director Mark Beer as the North Suburban Cable Commission Alternate Member. Respectfully submitted, ________________________ Desaree Crane RESOLUTION NO. 7529 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING AN CITY REPRESENTATIVE TO THE NORTH SUBURBAN COMMUNICATIONS COMMISSION (NSCC) WHEREAS, the North Suburban Cable Commission (NSCC) was established in 1981, consisting of 10 member cities; and WHEREAS, the NSCC is charged with the duties of administering the local cable agreement and managing the institutional network; and WHEREAS, the City Council is to appoint one member and one alternate member to the NSCC, and; WHEREAS, on February 10, 2003, the City approved the appointment of Barbara Haake as the City’s primary representative to the NSCC; and WHEREAS, currently a vacancy exists in the Alternate Member position and Finance Director Mark Beer has experience in fulfilling this obligation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that the City does hereby adopt Resolution 7529, appointing Finance Director Mark Beer, as the North Suburban Cable Commission Alternate Member. Adopted this 12th day of June 2006. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (seal) Item No: 11.B.1 Meeting Date: November 23, 2009 Type of Business: Reports City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: EDA Resolution XXXX Calling for Redemption of Outstanding Taxable Tax Increment Revenue Bonds, Series 2001, Dated October 1, 2001 Introduction: The Taxable Tax Increment Revenue Bonds, Series 2001 were callable anytime after August 1, 2008. With a potential sale pending on the hotel portion of the property, staff deferred recommending any action on the bonds. Background: The Mounds View Economic Development Authority (EDA) and Mounds Vista, Inc. (Mermaid) entered into a development agreement to redevelop the Mermaid property and add a hotel to the redevelopment area at 2200 County Highway 10. The HRA issued $815,000 Taxable Tax Increment Revenue Bonds on behalf of Mounds Vista, Inc. to be repaid with tax increment generated from the two parcels that comprise the Mermaid property. The bonds have semi-annual principal and interest payments and mature on February 1, 2013. Discussion: The outstanding balance to be called is $345,000. The bonds pay interest at 7.5% and the remaining balance of interest that could be avoided is $46,950. Trustee fees that could be avoided if the bonds are called would be $7,590. The opportunity cost of calling the bonds would be approximately $16,800. The net benefit to calling the bonds would be approximately $37,740. There is $40,498 held in trust by the bond trustee and $25,064 in the debt service fund to apply toward the call. The net amount that would be paid out of TIF District 1 is approximately $279,438. The City has sufficient TIF resources to facilitate this call and it will not affect the financing of the street projects. This is an opportunity for the City to save approximately $37,740. Recommendation: Staff recommends the EDA adopt the attached resolution XXXX redeeming the outstanding Taxable Tax Increment Revenue Bonds, Series 2001, dated October 1, 2001. Respectfully submitted, ___________________________ Mark Beer, Finance Director MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. XXXX AUTHORIZING THE REDEMPTION AND PREPAYMENT OF THE AUTHORITY’S TAXABLE TAX INCREMENT REVENUE BONDS, SERIES 2001 BE IT RESOLVED by the Board of Commissioners of the Mounds View Economic Development Authority (the “Authority”) that: Section 1. Authorization and Recitals. 1.01. Pursuant to Minnesota Statutes, Sections 469.090 through 469.108, the Authority previously issued and sold its Taxable Tax Increment Revenue Bonds, Series 2001 (the “Bond”), dated October 1, 2001, in the original aggregate principal amount of $815,000, of which $394,000 in principal amount is currently outstanding. The Bond maturing on February 1, 2013, is subject to call for prior redemption on February 1, 2010, or on any February 1 or August 1 (each an “Interest Payment Date”) thereafter at a price of par, plus accrued interest to the date of redemption. The Bond was issued under an Indenture of Trust, dated October 1, 2001 (the “Indenture”), between the Authority and U.S. Bank National Association (formerly known as U.S. Bank Trust National Association), Saint Paul, Minnesota, as trustee (the “Trustee”). 1.02. The Bond matures on February 1, 2013, with principal and interest due in semiannual installments on February 1 and August 1. 1.03. On February 1, 2010 (the “Redemption Date”), the Authority proposes to redeem and prepay the outstanding principal amount of the Bond in the amount of $345,000, plus accrued interest to the Redemption Date. Section 2. Findings. It is in the best interests of the Authority that the Authority redeem and prepay the outstanding Bond, in whole, upon the terms set forth in the Indenture. Section 3. Approval of Redemption. 3.01. The Authority hereby authorizes the redemption and prepayment of the Bond, in whole, upon the terms set forth in the Indenture and this Resolution, and under such terms, conditions, and requirements approved by the Executive Director of the Authority. 3.02. The Trustee is authorized and directed to send a copy of the Notice of Redemption to each registered owner of the Bond. 3.03. The President and the Executive Director of the Authority or their designees are hereby authorized and directed to execute all notices and other documents required as a condition to the redemption and prepayment of the Bond, as prescribed herein and in the Indenture, and to deliver them to the Trustee, together with a certified copy of this Resolution, any other documents required in the Indenture, and such other certificates, documents, and instruments as may be appropriate to effect the transactions herein contemplated. 3.04. The approval hereby given includes an approval of modifications thereto, deletions therefrom, and additions thereto as may be necessary and appropriate and approved by Kennedy & Graven, Chartered, as Bond Counsel, and the Executive Director prior to the execution of the documents. The execution of an instrument by the appropriate officer or officers of the Authority herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence or disability of the President, any of the documents authorized by this resolution to be executed may be executed by another member of the Board of Commissioners of the Authority, and in the absence or disability of the Executive Director by such officer of the Authority who, in the opinion of Kennedy & Graven, Chartered, as Bond Counsel, may execute such documents. Section 4. Authentication of Proceedings. 4.01. The President, Executive Director and other officers of the Authority are authorized and directed to furnish to the Trustee and Kennedy & Graven, Chartered, as Bond Counsel, certified copies of all proceedings and records of the Authority relating to the redemption and prepayment of the Bond, and such other affidavits and certificates as may be required to show the facts relating to such redemption and prepayment as such facts appear from the books and records in the officer’s custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Authority as to the truth of all statements contained therein. 4.02. This Resolution shall be in full force and effect from and after its passage. Adopted by the Board of Commissioners of the Mounds View Economic Development Authority this 14th day of December, 2009. MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY President Attest: Executive Director MU205-42 (BWJ) 360473v1 NOTICE OF CALL FOR REDEMPTION $815,000 MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY TAXABLE TAX INCREMENT REVENUE BONDS SERIES 2001 NOTICE IS HEREBY GIVEN that, by order of the Board of Commissioners of the Mounds View Economic Development Authority, Mounds View, Minnesota (the “Authority”), there have been called for redemption and prepayment on February 1, 2010 all outstanding bonds of the Authority designated as Taxable Tax Increment Revenue Bonds, Series 2001, dated October 1, 2001, with a stated maturity date and principal amount as set forth below: Year Amount 2013 $345,000 The bonds are being called at a price of par plus accrued interest to February 1, 2010, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association (formerly known as U.S. Bank Trust National Association), in the City of Saint Paul, Minnesota, on or before February 1, 2010. If by mail: If by hand: U.S. Bank National Association U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue 60 Livingston Avenue 3rd Floor – Bond Drop Window EP-MN-WS3C St. Paul, MN 55107 St. Paul, MN 55107 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. Additional information may be obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934-6802 Dated: ________, 20__. BY ORDER OF THE BOARD OF COMMISSIONERS By /s/ Jim Ericson Executive Director, Mounds View Economic Development Authority MU205-42 (BWJ) 360474v1 Item No: 11.B.1 Meeting Date: November 23, 2009 Type of Business: Reports City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Consideration to Call for Redemption of Outstanding Taxable Tax Increment Revenue Bonds, Series 2001, Dated October 1, 2001 Introduction: The Taxable Tax Increment Revenue Bonds, Series 2001 for the Mermaid property were callable anytime after August 1, 2008. With a potential sale pending on the hotel portion of the property, staff deferred recommending any action on the bonds. Background: The Mounds View Economic Development Authority (EDA) and Mounds Vista, Inc. (Mermaid) entered into a development agreement to redevelop the Mermaid property and add a hotel to the redevelopment area at 2200 County Highway 10. The EDA issued $815,000 Taxable Tax Increment Revenue Bonds on behalf of Mounds Vista, Inc. to be repaid with tax increment generated from the two parcels that comprise the Mermaid property. The bonds have semi-annual principal and interest payments and mature on February 1, 2013. Discussion: The outstanding balance to be called is $345,000. The bonds pay interest at 7.5% and the remaining balance of interest that could be avoided is $46,950. Trustee fees that could be avoided if the bonds are called would be $7,590. The lost interest earnings of calling the bonds would be approximately $16,800. The net benefit to calling the bonds would be approximately $37,740. ($46,950 + $7,590 - $16,800 = $37,740) There is $40,498 held in trust by the bond trustee and $25,064 in the debt service fund to apply toward the call. The net amount that would be paid out of TIF District 1 is approximately $279,438. The City has sufficient TIF resources to facilitate this call and it will not affect the financing of the street projects. This is an opportunity for the City to save approximately $37,740. Recommendation: Staff is looking for Council direction on whether the EDA should call the outstanding Taxable Tax Increment Revenue Bonds, Series 2001, dated October 1, 2001. If the Council supports calling the bonds, the attached EDA resolution and notice will be presented at the next EDA meeting. Respectfully submitted, ___________________________ Mark Beer, Finance Director MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. XXXX AUTHORIZING THE REDEMPTION AND PREPAYMENT OF THE AUTHORITY’S TAXABLE TAX INCREMENT REVENUE BONDS, SERIES 2001 BE IT RESOLVED by the Board of Commissioners of the Mounds View Economic Development Authority (the “Authority”) that: Section 1. Authorization and Recitals. 1.01. Pursuant to Minnesota Statutes, Sections 469.090 through 469.108, the Authority previously issued and sold its Taxable Tax Increment Revenue Bonds, Series 2001 (the “Bond”), dated October 1, 2001, in the original aggregate principal amount of $815,000, of which $394,000 in principal amount is currently outstanding. The Bond maturing on February 1, 2013, is subject to call for prior redemption on February 1, 2010, or on any February 1 or August 1 (each an “Interest Payment Date”) thereafter at a price of par, plus accrued interest to the date of redemption. The Bond was issued under an Indenture of Trust, dated October 1, 2001 (the “Indenture”), between the Authority and U.S. Bank National Association (formerly known as U.S. Bank Trust National Association), Saint Paul, Minnesota, as trustee (the “Trustee”). 1.02. The Bond matures on February 1, 2013, with principal and interest due in semiannual installments on February 1 and August 1. 1.03. On February 1, 2010 (the “Redemption Date”), the Authority proposes to redeem and prepay the outstanding principal amount of the Bond in the amount of $345,000, plus accrued interest to the Redemption Date. Section 2. Findings. It is in the best interests of the Authority that the Authority redeem and prepay the outstanding Bond, in whole, upon the terms set forth in the Indenture. Section 3. Approval of Redemption. 3.01. The Authority hereby authorizes the redemption and prepayment of the Bond, in whole, upon the terms set forth in the Indenture and this Resolution, and under such terms, conditions, and requirements approved by the Executive Director of the Authority. 3.02. The Trustee is authorized and directed to send a copy of the Notice of Redemption to each registered owner of the Bond. 3.03. The President and the Executive Director of the Authority or their designees are hereby authorized and directed to execute all notices and other documents required as a condition to the redemption and prepayment of the Bond, as prescribed herein and in the Indenture, and to deliver them to the Trustee, together with a certified copy of this Resolution, any other documents required in the Indenture, and such other certificates, documents, and instruments as may be appropriate to effect the transactions herein contemplated. 3.04. The approval hereby given includes an approval of modifications thereto, deletions therefrom, and additions thereto as may be necessary and appropriate and approved by Kennedy & Graven, Chartered, as Bond Counsel, and the Executive Director prior to the execution of the documents. The execution of an instrument by the appropriate officer or officers of the Authority herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence or disability of the President, any of the documents authorized by this resolution to be executed may be executed by another member of the Board of Commissioners of the Authority, and in the absence or disability of the Executive Director by such officer of the Authority who, in the opinion of Kennedy & Graven, Chartered, as Bond Counsel, may execute such documents. Section 4. Authentication of Proceedings. 4.01. The President, Executive Director and other officers of the Authority are authorized and directed to furnish to the Trustee and Kennedy & Graven, Chartered, as Bond Counsel, certified copies of all proceedings and records of the Authority relating to the redemption and prepayment of the Bond, and such other affidavits and certificates as may be required to show the facts relating to such redemption and prepayment as such facts appear from the books and records in the officer’s custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Authority as to the truth of all statements contained therein. 4.02. This Resolution shall be in full force and effect from and after its passage. Adopted by the Board of Commissioners of the Mounds View Economic Development Authority this 14th day of December, 2009. MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY President Attest: Executive Director MU205-42 (BWJ) 360473v1 NOTICE OF CALL FOR REDEMPTION $815,000 MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY TAXABLE TAX INCREMENT REVENUE BONDS SERIES 2001 NOTICE IS HEREBY GIVEN that, by order of the Board of Commissioners of the Mounds View Economic Development Authority, Mounds View, Minnesota (the “Authority”), there have been called for redemption and prepayment on February 1, 2010 all outstanding bonds of the Authority designated as Taxable Tax Increment Revenue Bonds, Series 2001, dated October 1, 2001, with a stated maturity date and principal amount as set forth below: Year Amount 2013 $345,000 The bonds are being called at a price of par plus accrued interest to February 1, 2010, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association (formerly known as U.S. Bank Trust National Association), in the City of Saint Paul, Minnesota, on or before February 1, 2010. If by mail: If by hand: U.S. Bank National Association U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue 60 Livingston Avenue 3rd Floor – Bond Drop Window EP-MN-WS3C St. Paul, MN 55107 St. Paul, MN 55107 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. Additional information may be obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934-6802 Dated: ________, 20__. BY ORDER OF THE BOARD OF COMMISSIONERS By /s/ Jim Ericson Executive Director, Mounds View Economic Development Authority MU205-42 (BWJ) 360474v1